REPORT. Mayor Bonnette and Members of Council. Charlie Toman, Planner Development Review RECOMMENDATION REPORT

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1 REPORT REPORT TO: REPORT FROM: Mayor Bonnette and Members of Council Charlie Toman, Planner Development Review DATE: June 12, 2014 REPORT NO.: RE: PDS RECOMMENDATION REPORT Applications for Plan of Subdivision, Plan of Common Element Condominium and Part Lot Control Exemption to Facilitate a 38 Unit Townhouse Development File No: D12SUB13.001, D07CDM & D25PLC Applicant: Georgetown Country Properties Inc. Location: Firstly: Part Lot 18, Concession 10 (ESQ), Part 1, 20R-19705; and Secondly: Part Lot 6, Plan 182, Parts 9, 13 & 16, Plan 20R-10603, Town of Halton Hills, Regional Municipality of Halton 127 Mountainview Road North, Georgetown RECOMMENDATION: THAT Report No. PDS dated June 12, 2014, regarding a Recommendation Report for Applications for Plan of Subdivision, Plan of Common Element Condominium and Part Lot Control Exemption to facilitate a 38 Unit Townhouse Development, File No. D12SUB13.001, D07CDM & D25PLC13.001, submitted by Georgetown Country Properties Inc., for the lands legally described as Firstly: Part Lot 18, Concession 10 (ESQ), Part 1, 20R-19705; and Secondly: Part Lot 6, Plan 182, Parts 9, 13 & 16, Plan 20R-10603, Town of Halton Hills, Regional Municipality of Halton, 127 Mountainview Road North, Georgetown, be received; AND FURTHER THAT the Director of Planning, Development & Sustainability be authorized to grant Draft Approval and Final Approval to the Plan of Subdivision, File D12SUB13.001, as generally shown on APPENDIX 4, of this report, subject to the conditions as generally set out in APPENDIX 5 of this report;

2 AND FURTHER THAT the Director of Planning, Development & Sustainability be authorized to grant Draft Approval and Final Approval to the Common Element Condominium, File D07CDM13.001, as generally shown on APPENDIX 6, of this report, subject to the conditions generally set out in APPENDIX 7 of this report; AND FURTHER THAT the Director of Planning, Development & Sustainability be authorized to bring forward for Council approval, a Part Lot Control Exemption By-law for the lands described as Part Lot 18, Concession 10, Parts 9, 13 & 16, Plan 20R- 1060, Town of Halton Hills, Regional Municipality of Halton, as generally shown on APPENDIX 8 of this report to create 38 townhouse units, subject to the conditions as generally described in APPENDIX 9 of this report. BACKGROUND: 1. Purpose of Report: The purpose of this report is to provide Council with recommendations concerning the disposition of applications for Draft Plan of Subdivision, Draft Plan of Common Element Condominium and Part Lot Control Exemption submitted by Georgetown Country Properties Inc (the Applicant). These three applications have been submitted to facilitate the development of 38 townhouses on lands located south-east of the intersection of Mountainview Road North and Stewart MacLaren Road (127 Mountainview Road North) in Georgetown, as shown on APPENDIX 1 LOCATION MAP. This report will also discuss how Town staff reviewed and responded to design and technical matters related to the Applicant s Site Plan, taking into consideration: The existing zoning permissions on the property which allows townhouses at the height and density proposed; Concerns raised through the public process; and Best urban design and land use compatibility practices. 2. Location & Site Characteristics: The subject property is located in Georgetown, south-west of the intersection of Mountainview Road North and Stewart MacLaren Road. When including the development access parcel, the property is 0.99 ha (2.45 ac). Surrounding land uses to the property include: To the North Existing townhouses and Stewart MacLaren Road. To the East Existing townhouses To the South - Canadian National Railway Line and a mix of residential uses To the West Mountainview Road North and an auto body shop Page 2

3 3. Proposal: On April 3, 2013, the Town deemed complete the following applications submitted by Georgetown Country Properties Inc. to facilitate the development of 38 freehold townhouse dwellings on a common element condominium road: i) Plan of Subdivision Application (File D12SUB13.001) to create a one lot plan of subdivision, which if approved, would allow for the division of individual lots and common element blocks (necessary for the condominium corporation) through a part lot control exemption By-law; ii) Plan of Common Element Condominium Application (D07CDM13.001) to define and create the block(s) (i.e. street, visitor parking area, landscaping) to be owned and maintained by the proposed condominium corporation; and iii) Part Lot Control Exemption Application (D25PLC25.001) to define and create the 38 freehold townhouse parcels. The subject lands are designated and zoned Medium Density Residential in the Town s Official Plan and Zoning By-law respectively which permits the density and type of townhouses proposed. These lands have been identified by the Town for medium density redevelopment since the surrounding townhouse condominiums were constructed in the early 1990s. The above referenced applications were accompanied by Site Plan Application (File No. D11SPA12.014) under which matters related to townhouse location, architectural design, landscaping, grading, servicing etc. are reviewed by the Town staff (see APPENDIX 2: SITE PLAN). Authority to issue Site Plan Approval is delegated from Council to the Director of Planning, Development & Sustainability under By-law No Conditional Site Plan Approval, setting out terms and conditions which must be satisfied before the Applicant can obtain Final Site Plan Approval, will be issued by the Town imminently. 3.1 Common Element Condominium Staff note that all lands within a Common Element Condominium (i.e. road, visitor parking, landscaping and amenity spaces) are privately owned with ongoing repair and maintenance costs shared among the owners of each Parcel of Tied Land (POTL). The use of these common element lands by the POTL owners is defined and regulated through a Declaration and Description registered with the Condominium Corporation. Once established, the Condominium Corporation has authority under Condominium Act, 1998 to make amendments to its Declaration without municipal consent. In this case the 38 freehold townhouse dwellings, through the established Condominium Corporation, are responsible for the management and ongoing maintenance of the common elements. Page 3

4 3.2 Access Block Access to the development is proposed via a Town owned Block connecting to Stewart MacLaren Road. This Block was originally conveyed to the Town of Halton Hills through the registration of the surrounding residential developments for the purpose of providing a suitable access to the subject property for future medium density development. As discussed under subsection 4.4 (Access) of the Comments section of this report, the existing driveway onto Mountainview Road North cannot be used due to its inadequate sight-lines. The Applicant has requested to purchase the Town Block so that it may be developed as part of the condominium plan. Upon review of the planning applications, staff agreed that it was more practical for the Block to form part of the abutting lands and be developed as part to the proposed private development as: - the access road would only serve the residents living within the proposed townhouse development; - by including these lands as part of the Common Element Condominium, the Applicant is able to establish the landscape buffer and the three (3) layby parking spaces shown on the Site Plan; and, - a public road of this length would pose ongoing maintenance (i.e. snow clearing) challenges for the Town. Staff have included the Access Block in the Public Meeting notice in order to provide the public with full information concerning the proposed applications. As directed by Council on September 23, 2013 through report INF , Infrastructure Services have negotiated the sale of the Town-owned Block with the Applicant. The outcome of these negotiations and Town staff s recommendation on the surplus and sale of the Block are presented in Report PDS which is being considered by Council at the same June 23, 2014 Council meeting. 3.3 Water Allocation On April 17, 2014, Council allocated 29 single detached equivalents (SDE) of water to the townhouse development subject to the conditions that: Page 4

5 All site plan related matters be addressed to the satisfaction of the Town of Halton Hills; Successful conclusion of the negotiation of sale of surplus lands; Receipt of voluntary contribution of $1,000 per residential unit prior to issuance of building permit; Completion of the Town s Green Development checklist; and, Issuance of full building permit within one (1) year of the date of allocation or by March 31, 2015 failing which Council may recover water from this project and deposit 29 SDE into the Georgetown residential infill pool. Compliance with these conditions will be incorporated into the conditions of Site Plan Approval and secured through the Town s Site Plan Agreement with the Applicant. COMMENTS: This section of the Report will identify, analyze and respond to the key issues associated with the Plan of Subdivision, Plan of Common Element Condominium and Part Lot Control Exemption applications. The section is broken down into the following four subsections: 1.0 Planning context and policy framework; 2.0 Town departments and external government agency comments; 3.0 Public comments; and, 4.0 Issue analysis. The Issue Analysis subsection of this report includes detailed responses as to how the Applicant has addressed specific technical and design matters, including, parking, grading, land use compatibility and construction through the Applicant s Site Plan. 1.0 Planning Context: 1.1 Provincial Policy Statement (PPS): The 2014 Provincial Policy Statement provides broad based policies that promote an appropriate range of housing types that makes efficient use of infrastructure and public services facilities, thus supporting the development of healthy communities. It is Planning staff s position that the proposed applications effectively address matters of the provincial interest by providing a form of housing that is compatible with the existing community and, by way of its close proximity to the Georgetown GO station, makes efficient use of existing infrastructure and transportation facilities. 1.2 Growth Plan for the Greater Golden Horseshoe: The subject lands are part of a larger designated urban area in Georgetown. The Growth Plan directs new growth to locations that make efficient use of transportation and servicing infrastructure and sets out general policies for residential intensification. Section of the Growth Plan states that by the year 2015 and for each year after, a Page 5

6 minimum of 40 per cent of all residential development occurring annually will be within the built-up area. Planning staff is of the opinion that the proposed applications are in conformity with the Growth Plan. 1.3 Region of Halton Official Plan (ROP): The subject lands are located within the Urban Area (Georgetown) of Halton Region s Official Plan. Section 76 specifies that uses within the Urban Area are to be in accordance with the local official plan and zoning by-law and all other policies of the Regional Official Plan. Regional staff have provided Draft Plan of Subdivision and Part Lot Control Exemption conditions dealing with matters of regional interest such as servicing and waste collection. The proposed applications conform to the Regional Official Plan. 1.4 Town of Halton Hills Official Plan: The subject lands are designated Medium Density Residential Area. Permitted uses in this designation include townhouse, multiple and low-rise apartment dwellings with a density range of between 21 to 50 units per net residential hectare and not exceeding four (4) storeys in height. The proposed townhouse blocks are 3 storeys tall and have a density of 41 units per net residential hectare and therefore, conform to the height and density policies. Section D1.4.1 of the Official Plan stipulates that all new development requiring Planning Act approval shall conform to Section F2 (Urban Design) and Section F3 (Design for New Communities). As discussed under section 4.6 (Privacy/Compatibility) of this report, the proposed development complies with the Urban Design policies in the Official Plan. The proposed infill development is consistent with the policies set out in Official Plan Amendment 9 (Intensification Areas and Policies), adopted by Town Council in 2010 and awaiting Regional Approval. Official Plan Amendment 9 targets the creation of 3,200 new residential units within Georgetown s built boundary from between 2015 to Planning staff are satisfied that the proposed applications conform to the Official Plan. 1.5 Town of Halton Hills Zoning By-law : The subject lands are zoned Medium Density Residential 2 (MDR2) under Town of Halton Hills Zoning By-law , as amended. The Zoning By-law classifies townhouse dwellings located within a common element condominium as multiple dwellings. As shown in the table below, the proposed development is within the height, setback and density requirements of the Zoning By-law and provides an extra 10 parking Page 6

7 spaces. The use of these additional spaces will be defined in the Condominium Declaration and regulated by the Condominium Corporation. SUMMARY CHART: ZONING BY-LAW STANDARDS ZONE STANDARD REQUIRED PROPOSED Maximum Building Height 11 m 10.9 m Minimum Rear Yard Setback 4.5 m 5.65 m Minimum Parking Spaces per Dwelling 2 spaces 2 spaces Minimum Visitor Parking Spaces 0.3 spaces / unit 0.57 spaces / unit (12 total spaces) Maximum density 50 units per 1.0 hectare (22 total spaces) 41 units per 1.0 hectare On January 3, 2014 the Applicant obtained a Minor Variance (file D13VAR13.020) to decrease the distance required from a dwelling unit, to the right-of-way owned by a federally regulated Railway Company, from 30 m to 14.5 m. CN had reviewed the Minor Variance application and commented that, based on the steep slope separating the rail tracks from the subject lands and the proposed building setbacks, the development is adequately setback from the railway. 2.0 Departmental & Agency Circulation Comments: The updated applications were circulated three (3) times for comments on April 3, 2013, December 16, 2013 and April 24, No objections were received and conditions of Draft Plan of Subdivision, Plan of Common Element Condominium and Part Lot Control Exemption were supplied and incorporated into APPENDIX 5, 7 & 9 of this report respectively. Through the review of the Condominium application and discussions with the Applicant, staff have prepared conditions requiring that clear language notice clauses be included in the Condominium Declaration and offers of Purchase and Sale to ensure new homeowners, (and subsequent owners) are aware that the Condominium Corporation, not the Town, is responsible for all costs associated with the ongoing maintenance, repair and replacement of all the roads, parking areas, lighting and underground services within the common element lands. 3.0 Public Comments: The proposed Plan of Subdivision and Draft Plan of Common Element Condominium applications were presented to the Public by way of Report PDS through a Statutory Public Meeting on November 18, 2013 (see APPENDIX 9: PUBLIC MEETING MINUTES). There were 21 interested persons in attendance at the meeting, eight (8) of whom spoke against the proposal. The Town also received five (5) letters expressing concern with the proposal. Generally, the concerns raised at the Public Meeting related to: Page 7

8 - Traffic/Parking - Access - Grading/Drainage - Privacy/Compatibility - Landscaping/Buffering - Construction Section 4.0 Issue Analysis of this report describes and provides staff responses to the specific public concerns raised. The Town held a Public Information Centre (PIC) in Council Chambers on May 14, 2014 to allow interested residents an opportunity to review the development proposal, as revised by the Applicant after the public meeting. Information presented at the PIC included detailed site, landscaping and grading plans and colour renderings of the townhouses front and rear building elevations. In addition, Town staff required the Applicant to provide various cross section drawings at the PIC which illustrated the height of the proposed townhouse units in relation to the height of the surrounding townhouses. An example of one of these drawings, illustrating the grade differential of proposed townhouse backing onto the Robert Lane condominium, is shown below (Figure 1). Figure 1 Notice of the PIC was sent to all residents living within 120 m of the subject lands and any individual that had expressed an interest in the proposal, 393 properties in total. Page 8

9 The PIC was attended by Seven (7) interested residents. At the PIC, staff heard similar concerns expressed at the Statutory Public Meeting with respect to privacy, parking and construction. 4.0 Issue Analysis: 4.1 Land Use Compatibility within the Context of the Existing Zoning Rights As discussed under section 1.4 (Official Plan) and 1.5 (Zoning By-law) of this Comments section of this report, medium density residential development is permitted on the subject lands and the townhouse proposal complies with all height, setback, density and parking requirements. Recognizing that some of the public s concerns with the development relate directly to the height, location and number of the townhouse dwellings proposed, Town staff worked with the Applicant to identify ways to improve the integration of the townhouses with the surrounding neighbourhood. Through these discussions, the Applicant has agreed to: - Reduce the grade differential between the subject lands and the surrounding townhouse developments to mitigate shadowing/overlook; - Add 10 parking spaces within the proposed condominium in an effort to ensure that this development would not create overflow parking onto Stewart MacLaren; - Incorporate articulated building elements and lighter colours in the rear façade of the townhouse blocks to avoid creating a big box effect; and, - Plant one (1) tree in the rear yard of each townhouse unit. Planning staff are satisfied that the Applicant has made a reasonable and concerted effort to address the land use compatibility concerns raised within the context of their existing zoning permissions. 4.2 Traffic Residents commented that Stewart MacLaren is already a congested road and cannot accommodate the 38 townhouses proposed. Staff Response The Applicant submitted a Traffic Impact and Parking Study prepared by Cole Engineering in support of their development proposal. The study analyzed what impact the proposed development would have on the surrounding road network and concluded that all intersections (including the access driveway off Stewart MacLaren Road) will continue to operate at an excellent level of service and no off-site intersection improvements are required. Development Engineering staff have reviewed the traffic analysis and concur with its findings. Page 9

10 4.3 Parking Residents commented that overflow parking has been an ongoing issue in the area with many residents of surrounding townhouse developments relying on Stewart MacLaren Road as a place to park their additional vehicles. Staff also heard from several residents that their vehicles cannot physically fit inside their garages, leading to the overflow parking issues. Staff Response In consideration of this issue, staff requested that the Applicant increase the number of parking spaces provided by the Common Element Condominium beyond the minimum requirements of the Zoning By-law to ensure that the development will not exacerbate the existing situation. In response, the Applicant has agreed to provide 10 additional parking spaces in addition to the 12 visitor parking spaces required under the Zoning By-law. The use of these additional spaces will be defined in the Condominium Declaration and regulated by the Condominium Corporation. With respect to garage sizes, planning staff note that in 2006 Council adopted new parking standards for Townhouse developments which increased the minimum size of parking spaces located within a garage, meaning that the garages inside the proposed townhouse units will be larger than those in the surrounding townhouse developments. 4.4 Access Residents requested that the development be accessed directly from Mountainview Road North, instead off of Stewart MacLaren. Staff Response In response to this request, staff directed the Applicant to prepare a Sight Line Analysis to confirm whether such an access is feasible. The Applicant submitted a Sight Line Analysis, prepared by Cole Engineering, concluding that such an access would not meet the required vehicle turning and stopping sight distances found in the TAC Manual due to the steep (7.25%) downward grade on Mountainview Road North. Development Engineering have reviewed the Sight Line Analysis and concur with its conclusions that a vehicle access onto Mountainview Road North is not recommended. 4.5 Grading/Drainage Residents expressed concern that existing grade differential between the two properties would result create a situation where water may drain into the back yards of the surrounding townhouses. Page 10

11 Staff Response The subject lands are higher than the surrounding residential developments with a retaining wall located along the eastern property line (adjacent to Condominium Plan No. 245 (Robert Lane)) and a landscaped slope along the northern property line (adjacent to Condominium Plan No. 242 (Beverly Lane). As recommended in the Functional Servicing Report prepared by Urbantech, the Applicant is proposing that: - the existing retaining wall be lowered by approximately 1.5 m (5 ft) in certain locations in order to: o provide conventionally graded lots for the site; and, o reduce shadowing on the adjacent townhouses. - the existing downward slope along the northern property line be replaced by a short retaining wall in order to proper drainage of the rear yards of the proposed townhouses. The Applicant has entered into agreements with the adjacent Condominium Corporations with respect to redevelopment of the existing retaining wall and fencing along the property lines. 4.6 Privacy/Compatibility Concerns were raised by several residents backing onto the subject lands that the elevated grade of the subject lands combined with the removal of mature trees from the property will result in a lack of rear yard privacy. Staff Response At the Applicant s expense, the Town retained a third party urban design peer review of the proposed development. Recognizing that the location and height of the proposed townhouses are in compliance with the zoning permissions on the property, staff directed the peer reviewer to identify specific design elements and site features that could be incorporated into the proposal to improve its compatibility with the surrounding townhouse developments. The final peer review included several recommendations to enhance the proposal from an urban design and land use compatibility perspective including: - the use of lighter tone materials and colours to minimize the visual impact of the rear elevations; - the use of transparent balconies to reduce the appearance of building height and mass of the rear elevations; - utilizing articulated building elements in the rear elevation façade to avoid a big box effect; and Page 11

12 - Improving the natural surveillance of the private park by making revisions by revising landscaping and fencing separating the park from the adjacent townhouse blocks. Through multiple discussions between the peer reviewer, Town staff and the Applicant, the Applicant agreed to incorporate these recommendations into their Site Plan. Planning staff note that as the subject property is surrounded by medium density townhouse developments of a similar size and density, the development is consistent within the established neighbourhood context. As such, Planning staff are satisfied that the development conforms to the applicable Urban Design and Land Use Compatibility policies in the Official Plan. 4.7 Landscaping/Buffering Residents commented that when the mature trees on the subject property were removed by the Applicant in September 2012, it took away an excellent natural sound buffer from the railway. Staff Response The Applicant is required to construct and upgrade noise attenuation fencing around the perimeter of the property in order to comply with Ministry of Environment requirements. This, combined with the construction of the townhouse blocks, will reduce the amount noise from the railway and Mountainview Road North currently experienced by surrounding residents. With respect to the landscaping plan (see APPENDIX 3 - LANDSCAPE PLAN), the Applicant is proposing to: - Plant one (1) tree in the rear yard of each townhouse dwelling and one (1) tree in the front yard of every second townhouse dwelling; - Construct a gateway features along Stewart MacLaren Road and at the Mountainview Road North pedestrian access; - Construct a small private park with a play structure, pedestrian walkway and benches; and - Plant a landscape strip along the north side of the access road to Stewart MacLaren Road. Recreation and Parks staff have reviewed and are satisfied with the proposed Landscape Plan, noting that the number of trees provided within the development exceeds Town standards. Page 12

13 4.8 Construction Residents expressed concern with construction traffic entering/existing the site from Stewart MacLaren and requested that these vehicles use should access the site from the existing driveway on Mountainview Road North. Staff Response Development Engineering staff have commented that construction vehicles and equipment will be required to enter/exit the property from Stewart MacLaren due to the sight line issues discussed under section 4.2 (access) of this report. In response to the residents safety and traffic concerns, Infrastructure Services staff will require that the Applicant submits a Construction Management Plan for review and approval as a condition of Site Plan Approval. Through this process, Infrastructure Services will require the Applicant to: - give notice to all adjacent property owners of when construction will begin and provide a contact person for the Developer who will be responsible for receiving and responding to any public questions or concerns with the construction; - park all construction and worker vehicles on the site at all times; - install security fencing around the perimeter of the construction site; and - post appropriate securities to be held for all site works and related impacts throughout the duration of construction. RELATIONSHIP TO STRATEGIC PLAN: The proposed development is most closely aligned with Strategic Direction G. Achieve Sustainable Growth, whose goal is: To ensure that growth is managed so as to ensure a balanced, sustainable, well planned community that meets the needs of its residents and businesses. This Strategic Direction is to be achieved as it relates to this application in part through Strategic Objectives: G.1 To provide for a moderate scale of growth that is in keeping with the Town s urban structure and protects its rural character. G.11 To ensure the efficient use of urban land and infrastructure in existing communities and new growth areas. Page 13

14 FINANCIAL IMPACT: There is no immediate financial impact of Town budgets as a result of this application. In addition to the payment of development charges and other fees, the Applicant has agreed to provide the Town with $1, per Residential Unit prior to the issuance of Building Permits. COMMUNICATIONS IMPACT: Public Notice of Council s decision regarding the passage of the Draft Plan of Subdivision, Draft Plan of Common Element Condominium and the Part Lot Control Exemption By-law will be completed in accordance with the requirements of the Planning Act. SUSTAINABILITY IMPLICATIONS: The Town is committed to implementing our Community Sustainability Strategy, Imagine Halton Hills. Doing so will lead to a higher quality of life. The relationship between this report and the Strategy is summarized below: Do the report s recommendations advance the Strategy s implementation? Yes No N/A Which pillar(s) of sustainability does this report support? Cultural Vibrancy Economic Prosperity N/A Environmental Health Social Well-Being Compliance with the Town s Green Building Checklist will be addressed through the approval of the Site Plan Application (File D11SPA12.014) and the Town s Water Allocation process. Overall, the alignment of this report with the Community Sustainability Strategy is: Excellent Very Good Good Fair N/A CONSULTATION: The proposed Plan of Subdivision and Plan of Common Element Condominium Application was presented through a Statutory Public Meeting on Monday, November 18, 2013 (Report PDS ). The Planning Act does not require any public notification for a Part Lot Control exemption application. Page 14

15 In addition to the Statutory Public Meeting, a Public Information Centre was held on May 14, 2014 to give surrounding property owners an opportunity to ask questions and comment on the proposed development. CONCLUSION: Planning staff recommends that, consistent with the delegation responsibilities set out in By-law , Council authorize the Director of Planning, Development & Sustainability to grant Draft and Final Approval of proposed: Draft Plan of Subdivision as generally shown on APPENDIX 4 of this report, subject to the conditions generally described in APPENDIX 5 of this report; Draft Plan of Common Element Condominium as generally shown on APPENDIX 6 of this report, subject to the conditions generally described in APPENDIX 7 of this report Planning staff further recommends that Council authorize the Part Lot Control Exemption application generally shown on APPENDIX 8 of this report when the conditions generally described in APPENDIX 9 of this report are fulfilled, and authorize staff to submit to Council the respective implementing By-law once the conditions have been satisfied. Respectfully submitted, Charlie Toman, MCIP RPP Planner - Development Review Adam Farr, MCIP, RPP Manager Development Review John Linhardt, MCIP, RPP Director of Planning, Development & Sustainability David Smith Chief Administrative Officer Page 15

16 APPENDIX 1 to PDS LOCATION MAP Page 16

17 APPENDIX 2 to PDS SITE PLAN Page 17

18 APPENDIX 3 to PDS LANDSCAPE PLAN RENDERING Page 18

19 APPENDIX 4 to PDS DRAFT PLAN OF SUBDIVISION Page 19

20 APPENDIX 5 to PDS CONDITIONS OF DRAFT PLAN OF SUBDIVISION CONDITIONS OF DRAFT APPROVAL FOR PLAN OF SUBDIVISION FILE: D12SUB (Georgetown Country Properties Inc.) LEGAL DESCRIPTION Firstly: Part Lot 18, Concession 10 (ESQ), Part 1, 20R-19705; and Secondly: Part Lot 6, Plan 182, Parts 9, 13 & 16, Plan 20R-10603, Town of Halton Hills, Regional Municipality of Halton, 127 Mountainview Road North, Georgetown The conditions, which shall be fulfilled prior to final approval of this Plan of Subdivision, are as follows: TOWN of HALTON HILLS 1. That approval applies to the proposed Plan of Subdivision prepared by Rady- Pentek & Edward Surveying Ltd dated November 18, 2013, to show one (1) ha Medium Density Block. 2. That the Owner agrees, prior to final approval, to enter into a Subdivision Agreement, to be registered on title, to satisfy all requirements, financial, servicing and otherwise, of the Town of Halton Hills. 3. That the Owner agrees that no work shall occur on the site until the Owner has entered into a Subdivision Agreement and/or Site Plan Agreement with the Town of Halton Hills, unless otherwise specified. 4. That the Owner agrees to deposit mylars of the Registered Plan of Subdivision with the Town of Halton Hills, and provide the Town with computerized information in a format satisfactory to the Town. 5. That the Owner agrees to construct all works, which must be considered temporary to facilitate the development of the subject property. These works may include, but not be limited to, emergency access, temporary cul-de-sacs and stormwater facilities. 6. That the Owner agrees to pay any required fees for Subdivision Final Approval. The fee shall be the approved amount as of the date Final Approval is to be granted. 7. That the Owner enters into an Agreement of Purchase and Sale with the Town to acquire the Town owned block shown as Parts 9, 13 and 16 on Plan 20R to be developed together with the subject property, for the purpose of providing vehicle access and private underground servicing to Stewart MacLaren Road. Page 20

21 APPENDIX 6 to PDS DRAFT PLAN OF COMMON ELEMENT CONDOMINIUM Page 21

22 APPENDIX 7 to PDS CONDITIONS OF DRAFT APPROVAL FOR PLAN OF COMMON ELEMENT CONDOMINIUM FILE: D07CDM (Georgetown Country Properties Inc.) LEGAL DESCRIPTION Firstly: Part Lot 18, Concession 10 (ESQ), Part 1, 20R-19705; and Secondly: Part Lot 6, Plan 182, Parts 9, 13 & 16, Plan 20R-10603, Town of Halton Hills, Regional Municipality of Halton, 127 Mountainview Road North, Georgetown The conditions, which shall be fulfilled prior to final approval of this Plan of Common Element Condominium, are as follows: TOWN of HALTON HILLS: 1. The approval shall relate to a Draft Plan of Common Element Condominium (CEC) prepared by Rady-Pentek & Edward Surveying Ltd, Drawing No DR-PLAN-C, Plot Date March 19, That the Owner shall submit to the Town, the Plan of Common Element Condominium pre-approved by the Registry Office and satisfactory to the Town, prior to final approval of the Plan of Common Element Condominium. 3. The Owner shall submit to the Town one reproducible mylar copy of the registered Plan of Common Element Condominium within one (1) month of the registration of the Plan, and shall submit computerized Plan information in a format satisfactory to the Town. 4. The Owner shall pay the applicable Release and Final Approval Fees to the satisfaction of the Town. 5. The Owner shall pay any outstanding taxes owing to the Town on the entire development. 6. That the Owner satisfies all conditions of Draft Approval for Plan of Subdivision D12SUB and registers the Plan of Subdivision at the Land Registry Office. 7. For the purposes of notification and advisement, the Owner agrees to include the following notices to all prospective purchasers and in all offers of purchase and sale for the common element condominium and townhouse development: a. A simplified list detailing the unit owner s responsibility (financially and otherwise) for the maintenance, care, and replacement of/to their unit, and the Condo Corporation s areas of responsibility for maintenance, care, and replacement of/to common element areas to the satisfaction of the Town of Halton Hills. Page 22

23 b. The location of snow storage throughout the development and the related responsibilities of the condominium association and property owners. c. That despite the inclusions of noise control features within this development area and within the dwelling units, sound levels from increasing road traffic may continue to be of concern, occasionally interfering with some activities of the occupants as the sound level exceeds the Town s and the Ministry of Environment s noise criteria. d. That the enclosed garage is intended for vehicle storage and forms a component of the total parking requirement calculations (2 private spaces per unit). e. That the Town is subject to the Growth Plan for the Greater Golden Horseshoe, that additional growth has been allocated to Halton Hills to 2031 and that Regional Official Plan Amendment 38 and Official Plan Amendment #7, #9 & #10, implements this direction. Lands surrounding the Georgetown GO Station are designated for high density development by the Official Plan Amendment #7, the Georgetown GO Station/Mill Street Corridor Secondary Plan. 8. 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, The Declaration and Description shall include the following: a. Provision for all required rights-of-way and easements for vehicular access, on-site traffic circulation, retaining walls, sidewalks, privacy fencing, drainage swales, street lighting, appurtenances, municipal servicing, utility servicing, and catch basins. b. Provision respecting the entitlement of the unit owners of the 38 tied freehold units to be constructed on adjacent lands both to be members of the common element condominium corporation, and to use the road, the parking areas and the amenity space included in the Common Element Condominium Plan (CECP). c. Provision that substantial alteration of the surface elevation and drainage of the lands included in the CECP shall not be permitted. d. Provision that alteration of the surface elevation of the road included in the CECP shall not be permitted. e. Provision that alteration or removal of any street lights or other exterior lighting on the lands included in the CECP shall not be permitted. f. Provision that, except for dead or diseased vegetation, alteration or removal of any vegetation on the lands included in the CECP shall not be permitted except in accordance with good horticultural practice and with the approval of the Condominium Corporation. g. Provision that alteration or removal of any fencing on the lands included in the CECP shall not be permitted except for the purpose of repairing or replacing such fencing. h. Provision that no parking shall be permitted on the traveled portion of roads included in the CECP. Page 23

24 i. Provision requiring the establishment of a reserve fund for the common element condominium, including roads, parking areas, retaining walls, noise-attenuation/perimeter fencing and amenity space included in the CECP. j. Provision that the maintenance, repair, and replacement of any retaining walls, or sections of retaining walls located within the CECP and on a Parcel of Tied Land (Potl) shall be the responsibility of the Condominium Corporation. k. A notice clause advising unit owners that the maintenance, repair, and replacement of any retaining walls, noise-attenuation/perimeter fencing, or sections thereof, located within the CECP and on all Potl shall be the responsibility of the Condominium Corporation. l. A notice clause advising unit owners that the enclosed garage is intended for vehicle storage and forms a component of the total parking requirement calculations (2 private spaces per unit). m. A notice clause advising unit owners of the locations of all designated snow storage areas on a Potl and the responsibilities of the Condominium Corporation with regards to the maintenance and repair of these areas in wording to the satisfaction of the Director of Planning, Development & Sustainability. n. A notice clause which identifies the units that contain a rear lot catch basin and/or storm sewer, and provide the setback requirements for constructing accessories such as decks, patios, pools, hot tubes, sheds, gazebos, or any structure that requires a foundation or footing, to the satisfaction of the Director of Infrastructure Services. o. Confirmation that: i. The road, sewers, water mains, utilities, stormwater management features, parking areas, and amenity space included in the CECP are not under the ownership and responsibility of the Town. ii. The Town has no obligation whatsoever with respect to the said road, parking areas, and amenity space. iii. All costs and expenses associated with the construction, establishment, maintenance, repair and upkeep of the said road, parking areas, and amenity space are the responsibility of the Condominium Corporation and the Owners of the 38 adjacent tied freehold units. 9. Owners and prospective purchasers of the Potls are advised that lawn maintenance service described under Section 4.2 b) (ii) of the Condominium Declaration requires the Potls, including the rear yards of the Potls, to be accessible to the Condominium Corporation and its servants, agents and contractors for the purpose of lawn maintenance (including lawn cutting). For this reason, the Condominium Documents (including the Declaration, Disclosure Statement and Rules) create an easement over the Potls in favour of the Condominium, and prohibit owners from: Page 24

25 a. Obstructing any such easement over their Potls; b. Restricting or prohibiting access by the Condominium Corporation and its designated agents for the foregoing purposes; and c. Installing any fencing within the Potl without the consent of the Condominium Corporation Owners and prospective purchasers of the Potls are advised that the Town of Halton Hills (the Municipality) is not in any way responsible for the creation or enforcement of: TIMEFRAME: a. the lawn maintenance service; b. the provision of the Condominium Documents (including the Declaration, Disclosure Statement and Rules) that establish and describe that program; and the easements, rights and restrictions that have been put in place by the Condominium Corporation to implement the program. 11. 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. HALTON DISTRICT SCHOOL BOARD 12. The Owner agrees to place the following notification in all offers of purchase and sale for all lots/units: o Prospective purchasers are advised that pupils may be accommodated in temporary facilities and/or be directed to schools outside the area. o Prospective purchasers are advised that school buses will not enter culde-sacs and pick up points will be generally located on through streets convenient to the Halton District School Board. Additional pick up points will not be located within the subdivision until major construction activity has been completed. 13. In cases where offers of purchase and sale have already been executed, the Owner shall send a letter to all purchasers which includes the above statement. 14. The developer agrees that, should the development be phased, a copy of the phasing plan must be submitted prior to final approval to the Halton District School Board. The phasing plan will indicate the sequence of development, the land area, the number of lots and blocks and units for each phase. 15. The Owner shall supply, erect and maintain signs advising prospective purchasers that pupils may be directed to schools outside of the area. Specific wording to be provided by the Halton District School Board. Page 25

26 16. The Owner shall provide a copy of the pedestrian routing plan, approved by the Town of Halton Hills to the Halton District School Board prior to final approval. HALTON CATHOLIC DISTRICT SCHOOL BOARD: 17. That the owner agrees that a clause be inserted into the Subdivision Agreement and all offers of purchase and sale for residential units, that "sufficient accommodation may not be available for students residing in this area, and that you are notified that students may be accommodated in temporary facilities and/or bussed to existing facilities outside the area." Further, the clause will specify that the "Halton Catholic District School Board will designate pick up points for the children to meet the bus on roads presently in existence or other pick up areas convenient to the Board". 18. That the owner agrees in the Subdivision Agreement to the satisfaction of the Halton Catholic District School Board, to erect and maintain signs at all major entrances into the new development advising prospective purchasers that if a permanent school is not available alternative accommodation and/or bussing will be provided. The owner will make these signs to the specifications of the Halton Catholic District School Board and erect them prior to the issuance of building permits. CANADA POST: 19. The owner/developer will consult and Canada Post to determine suitable locations for the placement of Community Mailboxes and to indicate these locations on appropriate servicing plans. 20. The owner/developer agrees, prior to offering any of the residential units for sale, to place a Display Map on the wall of the sales office in a place readily available to the public which indicates the location of all Canada Post Community Mailbox site locations, as approved by Canada Post and the Town of Halton Hills. 21. The owner/developer agrees to include on all offers of purchase and sale a statement, which advises the prospective new home purchasers that mail delivery will be from a designated Community Mailbox, and to include the exact location (list of lot #s) of each of these Community Mailbox locations; and further, advise any affected homeowners of any established easements granted to Canada Post. The owner/developer will be responsible for officially notifying the purchasers of the exact Community Mailbox locations prior to the closing of any home sales with specific clauses in the Purchase offer, on which the homeowners does a sign off. 22. The owner/developer will be responsible for officially notifying the purchasers of the exact Community Mailbox locations prior to the closing of any homes sales Page 26

27 with specific clauses in the Purchase offer on which the homeowners does a sign off 23. The owner/developer will provide the following for each Community Mailbox site and include these requirements on appropriate servicing plans: a. A Community Mailbox concrete base pad per Canada Post specifications. b. Any required walkway across the boulevard, as per municipal standards. c. Any required curb depressions for wheelchair access. d. Any required walkways across the boulevard, as required as per municipal standards. 24. The owner/developer further agrees to determine, provide and fit up (a) suitable temporary Community Mailbox location(s) which may be utilized by Canada Post until the permanent mailbox pads, curbs, sidewalks and final grading have been completed at the permanent CMB site locations. (a gravel area with a single row of patio stones spec to be provided). This will enable Canada Post to provide mail service to new residences as soon as the homes are occupied. The developer further agrees to fit up the temporary area 30 to 60 days prior to the first occupancy and notify Canada Post of the first occupancies at this time. (The Developer should provide evidence of how they intend to co-ordinate this activity in a timely manner to a safe and clean usable area). 25. The Developer will be required to provide signature for a License to Occupy Land agreement for any Condominiums and provide winter snow clearance. 26. Enhanced Community Mailbox Sites with roof structures will require documentation a per Canada Post Policy. An appropriately sized sidewalk section (concrete pad), as per municipal and Canada post standards, to place the Community Mailboxes on (a copy of the Standards will be provided upon Request). The developer further agrees to provide these cement pads during sidewalk pouring and will notify Canada Post of the locations as they are completed. CANADIAN NATIONAL RAILWAY 27. The Owner agrees to comply with the requirements of the Canadian National Railway Company. The Owner further agrees to include the following warning clauses in all offers of purchase and sale for all lots/units, to the satisfaction of the Town: a. WARNING: Canadian National Railway Company ( CNR ) of its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject hereof. There may be alterations to or expansion of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment Page 27

28 of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwellings. CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operation on, over or under the aforesaid rights-of-way. b. WARNING: The Goderich-Exeter Railway Co. Ltd. ( GEXR ) and it assigns and successors in interest has or have a rights-of-way within 300 metres from the land the subject hereof. There may be alterations to or expansion of the railway facilities on such rights-of-way in the future including the possibility that the GEXR or any railway entering into an agreement with GEXR to use the rights-of-way or there assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwellings. GEXR will not be responsible for any complaints or claims arising from use of such facilities and/or operation on, over or under the aforesaid rights-of-way. c. Purchasers/tenants are advised that despite the inclusion of noise control features within this development area and within the building units, sound levels from increasing road traffic on Main Street North and/or rail traffic on the CNR and GEXR rail lines may continue to be of concern, occasionally interfering with some activities of the dwelling occupants as the sound level exceeds the Town s and the Ministry of Environment s noise criteria. OTHER 28. The Owner shall provide the Town with clearance letters form 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 Condominium Plan. Page 28