REPORT. Chair & Members of Community Affairs Committee John McMulkin, Planner Development Review REPORT TO: REPORT FROM:

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1 REPORT TO: REPORT FROM: REPORT DATE: September 11, 2017 REPORT NO.: RE: RECOMMENDATION: Chair & Members of Community Affairs Committee John McMulkin, Planner Development Review PLS RECOMMENDATION REPORT Proposed Draft Plan of (Standard) Condominium to change the form of ownership of the existing 11-storey building to a 56- unit, standard residential condominium consisting of condominium units and indoor and outdoor common areas. File No.: D07CDM Applicant: Hall Road Developments Inc., c/o Davis Webb LLP Part of Blocks B and C, Registered Plan 720, Town of Halton Hills, Regional Municipality of Halton, Municipally known as 50 Hall Road (Georgetown) THAT Report No. PLS dated September 11, 2017, with respect to the Proposed Draft Plan of (Standard) Condominium to change the form of ownership of the existing 11-storey building to a 56-unit, standard residential condominium consisting of condominium units and indoor and outdoor common areas, File No. D07CDM17.001, submitted by Davis Webb LLP, on behalf of Hall Road Developments Inc., for the lands legally described as Part of Blocks B and C, Registered Plan 720, Town of Halton Hills, Regional Municipality of Halton, and municipally known as 50 Hall Road (Georgetown), be received; AND FURTHER THAT the Commissioner of Planning & Sustainability be authorized to grant draft approval and final approval to the Draft Plan of (Standard) Condominium, File No. D07CDM17.001, as generally shown on APPENDIX 2, subject to the conditions generally set out in APPENDIX 3 of this report. BACKGROUND: 1.0 Purpose of the Report and Application: The purpose of this report is to provide Council with a recommendation on a proposed Draft Plan of (Standard) Condominium for an 11-storey, 56-unit residential building located at 50 Hall Road in Georgetown (see APPENDIX 1 Location Map). As the development

2 has received Site Plan approval and is currently under construction, the purpose of the application is to legally create the individual condominium units to allow for their transfer of ownership from the Developer to the individual purchasers of the units. In accordance with a Standard Residential Condominium, the common elements of the Condominium will be owned and maintained by the Condominium Corporation and will not be the responsibility of the Town (see APPENDIX 2 DRAFT PLAN OF CONDOMINIUM). The Condominium Corporation will become a legal entity once the Plan of Condominium (i.e. Description) and information setting out how the Condominium Corporation is owned (i.e. Declaration) are registered with the Land Registry Office. These documents will be required to be submitted for review and approval as a condition of Draft Plan approval prior to final approval of the Plan of Condominium (see APPENDIX 3 CONDITIONS OF DRAFT PLAN OF CONDOMINIUM). 2.0 Location & Site Characteristics: The subject property is located on the west side of Hall Road, north of Beaumont Court and in the Georgetown Urban Area (see APPENDIX 1 LOCATION MAP). The property is ±0.52 hectares (1.29 acres) in size, has ±55.97 metres ( feet) of frontage along Hall Road and is occupied by a watercourse (stream) on its east side. The west side of the site is currently under construction with the proposed 11-storey residential building, which is nearing completion and currently unoccupied (see Figure 1 Site Photo below). Figure 1 Site Photo Page 2

3 Surrounding land uses to the subject property include: To the North: High density residential (The Royal Ascot Club Condominium at 26 Hall Road). To the East: Low density residential in the form of single detached dwellings (Morden Neilson Way) and Town owned open space. To the South: Low density residential in the form of single detached dwellings (Beaumont Court). To the West: Town owned open space and low density residential in the form of single detached dwellings (Fagan Drive). 3.0 Development History: The subject property is designated High Density Residential Area and Greenlands A by the Town of Halton Hills Official Plan and is located within Residential Special Policy Area 1. Residential Special Policy Areas apply to lands designated for residential purposes that are subject to a specific land use policy Residential Special Policy Area 1 limits the subject property to a maximum of 56 apartment units. The property is zoned High Density Residential (HDR) and Environmental Protection Two (EP2) by Comprehensive Zoning By-law No The development received Site Plan approval under files D11/DiLorenzo, D11SPA RV1 and D11SPA RV2, and final Site Plan approval on December 16, Construction of the development commenced in July of 2015, and is currently nearing completion. COMMENTS: Planning Analysis: Planning staff notes that the approval process for subject Draft Plan of Standard Condominium application is generally administrative in nature as the decisions on the appropriateness of the land use and the physical development of the site have already been satisfied. The proposal was subject to a detailed Site Plan approval process, through which a number of technical components were reviewed and deemed acceptable such as environmental conservation and restoration, site servicing and access, stormwater management, lot grading and drainage, parking, urban design, landscaping and an approved Construction Management Plan. The financial obligations of the Developer as it relates to the construction of the development have also been addressed through the conditions of Site Plan approval and the Site Plan Agreement. The Draft Plan of Standard Condominium application was circulated to Town departments and external agencies for review and comment and no issues were raised. Page 3

4 Planning has prepared conditions of Draft Plan approval for the proposed Standard Condominium, which are attached as APPENDIX 3 CONDITIONS OF DRAFT PLAN OF CONDOMINIUM. Conditions of Draft Plan of Condominium approval are typically required to secure development requirements such as underground requirements (e.g. water and sanitary sewers, gas, hydro, telephone and cable lines) and above-ground services (e.g. paved streets, concrete curbs, sidewalks, street lighting, tree plantings and landscaping); however, these items and their financial obligations have been secured through the Site Plan approval process and the execution of the Site Plan Agreement. As such, the proposed conditions of Draft Plan approval are more procedural in nature and deal with administrative matters such as the submission final plans and documentation, dedication of lands, granting of easements, provision of clearance letters from external agencies and the inclusion of a 3-year lapsing provision for Draft Plan approval. Planning staff is recommending Draft Plan approval for the Standard Condominium application as the following requirements have been satisfied: 1. The application for Draft Plan of Standard Condominium approval meets the criteria established in Subsection 51(24) of the Planning Act; 2. The development conforms to the Town s Official Plan and Comprehensive Zoning Bylaw No ; 3. Building Permits have been issued in accordance with the approved Site Plan; 4. A full circulation of the Draft Plan of Standard Condominium was completed and there are no outstanding planning, engineering, legal or financial matters to be resolved; 5. There is no requirement for a Condominium Agreement as all financial, design and technical requirements have been addressed through the Site Plan approval process and the Town holds adequate securities for the development in accordance with the Site Plan Agreement; and 6. The application for Draft Plan of Standard Condominium approval is related to tenure of the approved development, is necessary to provide shared ownership and maintenance of the internal site service and amenity elements, and is appropriate for the orderly development of the lands. RELATIONSHIP TO STRATEGIC PLAN: The subject application for a Draft Plan of Standard Condominium is administrative in nature and has no relation to the Strategic Plan. FINANCIAL IMPACT: There is no immediate financial impact on Town budgets as a result of this application. Page 4

5 COMMUNICATIONS IMPACT: Notice of Council s decision regarding the approval of the Draft Plan of Condominium will be completed in accordance with the requirements of the Planning Act. SUSTAINABILITY IMPLICATIONS: The Draft Plan approval of the Standard Condominium is administrative in nature and does not trigger sustainability implications. CONSULTATION: In accordance with the Planning Act, Standard Condominium applications do not require any public consultation; however, notice of Council s decision regarding the approval of the Draft Plan of Condominium will be provided to the Applicant, each person or public body that made a written request to be notified of the decision, and the Region of Halton. The application was circulated to applicable Town departments and external agencies for review and comment on May 10, Although no objections were raised by any of the circulated departments or agencies, a few agencies have requested standard conditions be included. Staff has included these standard conditions (and notes) as set out in APPENDIX 3 CONDITIONS OF DRAFT PLAN OF CONDOMINIUM. CONCLUSION: The approval and registration of the Draft Plan of Standard Condominium will permit the transfer of ownership of the individual units to the individual purchasers and the creation of the common elements of the development to be retained and managed by the Condominium Corporation. It is Planning staff s opinion that the proposed Standard Condominium for the 11-storey, 56-unit residential building is appropriate and completes the originally envisioned development approved through the Site Plan approval process, subject to the conditions as outlined in APPENDIX 3 CONDITIONS OF DRAFT PLAN OF CONDOMINIUM. Should Council concur, the recommendation is this report can be adopted. Respectfully submitted, John McMulkin, MCIP, RPP Planner Development Review Reviewed and Approved by, Page 5

6 Adam Farr, MCIP, RPP Manager of Development Review John Linhardt, MCIP, RPP Commissioner of Planning & Sustainability Brent Marshall Chief Administrative Officer Page 6

7 APPENDIX 1 LOCATION MAP Page 7

8 APPENDIX 2 DRAFT PLAN OF CONDOMINIUM Page 8

9 APPENDIX 3 CONDITIONS OF DRAFT PLAN OF CONDOMINIUM CONDITIONS OF DRAFT APPROVAL FOR PLAN OF (STANDARD) CONDOMINIUM FILE: D07CDM (Hall Road Developments Inc.) LEGAL DESCRIPTION Part of Blocks B and C, Plan 720, Town of Halton Hills, Regional Municipality of Halton, Municipally known as 50 Hall Road (Georgetown) The conditions, which shall be fulfilled prior to final approval of this Plan of Standard Condominium, are as follows: TOWN OF HALTON HILLS: 1. The approval shall relate to the Draft Plan of Standard Condominium prepared by Schaeffer Dzaldov Bennett Ltd., Job Number , signed March 30, That the Owner provides a certificate signed by the Ontario Land Surveyor and the Owner stating that the Plan proposed to be submitted for registration is the same as the latest (most recent) draft approved Plan and, if the Plans are not the same, that any differences between the proposed registered Plan and latest Draft Plan are accepted by the Town. 3. That the Owner shall submit to the Town, the Plan of Standard Condominium preapproved by the Registry Office and satisfactory to the Town, prior to final approval of the Plan of Standard Condominium. 4. The Owner shall submit to the Town one reproducible mylar copy of the registered Plan of Standard Condominium within one (1) month of the registration of the Plan, and shall submit computerized Plan information in a format satisfactory to the Town. 5. Prior to the release of the Plan of Standard Condominium for registration, the following condition shall be completed to the satisfaction of the Commissioner of Transportation & Public Works: a. The Site Works as defined in the Site Plan drawings (Files D11SPA RV1 and D11SPA RV2) approved December 16, 2015, shall be substantially completed. 6. Prior to the final approval of the Plan of Standard Condominium, the Owner shall provide the Town with evidence in the form of a Professional Engineer s Certificate stating that all grading, drainage, above and below ground services, asphalt paving, concrete works and demarcation of parking spaces have been substantially completed in accordance with the plans and conditions in the Site Plan Agreement Page 9

10 executed on August 7, 2008, and the Amending Site Plan Agreement executed on November 19, Occupancy of the fifty-six (56) individual condominium units shall not be permitted until the Site Works as defined in the Site Plan drawings (Files D11SPA RV1 and D11SPA RV2) approved December 16, 2015, have been substantially completed to the satisfaction of the Town. 8. Prior to the final approval of the Plan of Standard Condominium, the Owner shall submit to the Town certification from a Professional Engineer or Ontario Land Surveyor that all necessary easements required to service the lands within the Plan which may include easements for water, sanitary sewer, storm sewer, hydro, gas, telephone, cable, access and maintenance purposes, have been lawfully created or will be lawfully created upon the registration of the Declaration and Description. 9. The Owner shall dedicate or transfer the following lands and interests in land to the Town prior to the final approval of the Plan of Standard Condominium: a. A 3.0 metre road widening along the westerly limits of the Lands fronting onto Hall Road; and b. A 5.0 metre widening for headwall, more or less, within the Tributary area of Hall Road. 10. The Owner shall grant all blocks and easements as required, free and clear of any encumbrances, to the Town or other approval authority. 11. The Owner shall submit to, and obtain the approval of, the Town regarding the form and content of the Condominium Description and Declaration prescribed by Sections 7 and 8 of the Condominium Act. 12. The Owner shall provide the Town with clearance letters from applicable utility companies (telephone, cable, hydro, gas) indicating that satisfactory arrangements have been made by the Owner with the utility company for all necessary easements in the Plan of Standard Condominium. 13. The Owner shall provide a Fire Safety Plan, to the satisfaction of the Town s Fire Department. 14. The Owner shall pay the applicable release and final approval fees to the satisfaction of the Town. 15. The Owner shall pay any outstanding taxes owing to the Town on the entire development. 16. Prior to the final approval of the Plan of Standard Condominium, the Commissioner of Planning & Sustainability shall be advised in writing that all conditions have been carried out to the satisfaction of the relevant agencies, and that a brief but complete statement detailing how each condition has been satisfied has been provided. Page 10

11 TIMEFRAME: 17. That the Owner agrees that draft approval shall lapse three (3) years from the date of issuance of draft approval by the Town of Halton Hills. Any extension after the initial 3 year period is contingent upon a review and possible revision to the Draft Plan conditions to ensure that they remain current and reflect best practices. EXTERNAL AGENCIES: CANADA POST: 18. The Owner shall provide the building with its own centralized mail receiving facility. This lock-box assembly must be rear-loaded, adjacent to the main entrance and maintained by the Owner/Developer in order for Canada Post to provide mail service to the tenants/residents of this project. For any building where there are more than 100 units, a secure, rear-fed mailroom must be provided. 19. The Owner shall provide Canada Post with access to any locked doors between the street and the lock-boxes via the Canada Post Crown lock and key system. This encompasses, if applicable, the installation of a Canada Post lock in the building s lobby intercom and the purchase of a deadbolt for the mailroom door that is a model which can be retro-fitted with a Canada Post deadbolt cylinder. 20. As the project nears completion, the Owner shall contact Michal Wojciak, Delivery Services Office GTA, , ext or michal.wojciak@canadapost.ca, directly for a Postal Code to determine whether existing postal coding applies or new postal codes will be issued for this development. 21. The Owner shall contact a Delivery Supervisor 112 GUELPH ST, phone number , ext for mailroom/lock box inspection and mail delivery startup. 22. Prior to the final approval of the Plan of Standard Condominium, the Owner shall provide the Town with a clearance letter from Canada Post stating that conditions 18, 19, 20 & 21 have been carried out to their satisfaction with a brief but complete statement detailing how the conditions have been satisfied. Page 11