staff report for committee of the whole meeting · report number: srprs.17.003 page 5 . planning...
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Staff Report for Committee of the Whole Meeting Date of Meeting: February 21, 2017 Report Number: SRPRS.17.003
Department: Planning and Regulatory Services Division: Development Planning
Subject: Request for Approval of Zoning By-law Amendment and Draft Plan of Subdivision Applications – Dormer King Inc. – D02-15033 and D03-15010
Owner: Dormer King Inc. 243 Finch Avenue East Toronto, Ontario M2N 4S1
Agent: Evans Planning 8481 Keele Street, Unit 12 Vaughan, Ontario L4K 1Z7
Location: Legal Description: Part of Lots 37, 38 and 39, Plan 202 Municipal Address: 368, 376, 384, 390 King Road
Purpose: The purpose of this report is to seek Council’s approval concerning proposed Zoning By-law Amendment and draft Plan of Subdivision applications to facilitate the creation of 8 semi-detached units and 14 townhouse units on the subject lands.
Recommendations: That the Zoning By-law Amendment and draft plan of Subdivision applications submitted by Dormer King Inc. for lands known as Part of Lots 37, 38 and 39, Plan 202, municipally known as 368, 376, 384, 390 King Road, Town File Number D02- 15033, be approved, subject to the following:
Agenda Item 5
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a) That prior to draft plan approval being granted, the applicant pay theapplicable processing fees in accordance with the Town’s Tariff of FeesBy-law No 95-16;
b) That Council approve the draft Zoning By-law as set out in Appendix “B” toStaff Report SRPRS.17.003; and,
c) That the draft Plan of Subdivision be draft approved, subject to theconditions as set out in Appendix “C” to Staff Report SRPRS.17.003;
d) That Council resolve to accept cash-in-lieu of parkland dedication for thesubject development proposal;
e) That Site Plan Control By-law 137-09 be amended to include the subjectlands within the Site Plan Control area, to secure the owner's commitmentswith respect to sustainable development; and
f) That servicing capacity for a maximum of 68 persons equivalent ofpopulation (a total of 22 units) be allocated to the subject lands.
Contact Person: Mary Filipetto, Senior Planner – Subdivisions, phone number 905-771-6452 and/or Salvatore Aiello, Manager of Development, Subdivisions, phone number 905-771-2471
Submitted by:
Ana Bassios Commissioner of Planning and Regulatory Services
Approved by:
Neil Garbe Chief Administrative Officer
"Signed version on file in the Office of the Clerk"
"Signed version on file in the Office of the Clerk"
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Location Map Below is a map displaying the property location. Should you require an alternative format call person listed under “Contact” above.
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Background Information The subject draft Plan of Subdivision application and associated Zoning By-law Amendment application were received and deemed complete on October 2, 2015, to facilitate a development of 12 semi-detached dwellings, 14 street townhouse dwellings and a new east/west road on the subject lands.
The Statutory Public Meeting was held on April 20, 2016 wherein Council received staff report SRPRS.16.067 for information purposes and directed that all comments be referred back to staff for further consideration (see Appendix “A” -Council Public Meeting Extract).
A Council Public Meeting was held on April 20, 2016 and Council received Staff Report SRPRS.16.067 and referred all comments back to staff (refer to Appendix A). On June 14, 2016, the applicant submitted a revised draft Plan of Subdivision and revised Zoning By-law Amendment to address the comments received at the Public Meeting. The revised submission was subsequently circulated for final review.
Summary Analysis Site Location and Adjacent Uses The subject lands are located on the north side of King Road, between Toscanini Road and McCachen Street, and have a total lot area of 0.865 hectares (2.137 acres). The lands abut existing residential dwelling lots to the north and east, a draft approved Plan of Subdivision to the west (Town File No. D03-14003) and King Road to the south (refer to Map 1and Map 2).
Development Proposal The applicant is seeking Council's approval to facilitate the construction of a residential development consisting of 8 semi-detached units fronting onto the north side of proposed Street ‘A’ and 14 townhouse units fronting onto King Road. The following is a summary outlining the pertinent statistics of the applicant’s revised development proposal (Refer to Map 3 and Map 4):
Total Lot Area: 0.865 hectares (2.137 acres) Number of Semi-detached Units: 8 Minimum Lot Frontage (Semi-detached Units): 18.0 metres (59.1 feet) Number of Street Townhouse Units: 14 Minimum Frontage of Street Townhouse Units: 6.0 metres (19.7 feet) Area of New Road: 0.266 hectares (0.657 acres)
In response to circulation comments, the applicant has revised the draft plan of subdivision as follows:
Reduction of the total number of semi-detached lots from 12 to 8
Increased road width from 18m to 20m right of way
Reorientation of Street ‘A’ to allow for connections Puccini Drive.
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Planning Analysis Richmond Hill Official Plan (2010) The subject lands are designated “Neighbourhood” in accordance with Schedule “A2” and Settlement Area within the Oak Ridges Moraine Conservation Plan Area in accordance with Schedule “A3” of the Town’s Official Plan (2010) (refer to Map 5). The “Neighbourhood” designation permits low-density residential uses including single detached, semi-detached and duplex dwellings. In addition, the subject lands are located within a priority infill area as identified under policy 4.9.1.1 (1) of the Official Plan and therefore, the subject proposal is to be evaluated based on the guidelines of the Puccini Drive Infill Study.
The Official Plan has been brought into conformity with the Oak Ridges Moraine Conservation Plan. Section 3.2.1.1.18 of the Official Plan outlines the policies applicable to development within the “Settlement Area”. There are no identified Key Natural Heritage Features or Hydrologically Sensitive Features on or within the vicinity of the subject lands. The subject lands are not located within a Landform Conservation Area.
The proposed development is a low density residential development that continues the pattern of development that has commenced in this area and conforms to the Council approved concept plan for this area (See Map 6). Based on the above, the proposed revised draft Plan of Subdivision is considered to conform to the Town’s Official Plan.
Bathurst and Puccini Neighbourhoods Infill Development The subject lands are within the Bathurst Street and Puccini Neighbourhoods Infill Study, which was approved by Council on June 15, 1998. The design principles established for the Study Area recommend higher densities along the edges of the neighbourhood, a minimum lot frontage of 15.0 metres on existing streets, traffic calming measures on Puccini Drive and the protection of natural features.
The Study contains a Demonstration Plan identifying opportunities for backlot infilling for the Puccini Drive Neighbourhood. In this regard, the revised proposal is consistent with the Infill Study:
The proposed semi-detached units and townhouse units are permitted within theNeighbourhood designation of the Town’s Official Plan;
The proposed medium density residential development meets the locational anddensity criteria as defined in Section 4.9.1.2 of the Town’s Official Plan;
The area in which the subject lands are located is identified as a Priority Infill Area inaccordance with Section 4.9.1.1.1. (K).
The applicant’s revised development proposal provides for alignment andconnections to Puccini Drive and Poplar Drive in accordance with therecommendations of the Study; and
The applicant’s revised development proposal is in line with recommended lotfrontage requirements on new streets within the Puccini Drive Neighbourhood.
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Staff is of the opinion that the revised development proposal has appropriate regard for the Infill Study Area and the development proposal is therefore in conformity to the Town’s Official Plan and represents good planning.
Proposed Zoning By-Law Amendment The subject lands are zoned Residential Urban (RU) Zone under Zoning By-law No. 1275, as amended, which permits the development of lands for single detached lots. This zoning dates back to 1962, when this part of Oak Ridges was within the Township of King and lot development standards reflected the suburban nature of the community and the lack of municipal services. Accordingly, in order to facilitate the subject proposal, the applicant is proposing to rezone the lands to Semi-detached One (RD1) Zone and Multiple Residential One (RM1) Zone under Zoning By-law No. 313-96, as amended. The RD1 Zone permits uses such as single detached dwelling, duplex dwelling, semi-detached dwelling, home occupation and private home daycare. The RM1 Zone permits uses such as street townhouse dwelling, block townhouse dwelling, quadruplex dwelling, multiple dwelling, private home daycare and home occupation. The applicant is also requesting to establish site-specific exceptions within the RM1 Zone including reductions to the minimum lot area for interior lot and minimum rear yard setback (refer to Map 7).
Based on a review of the existing zoning standards, the proposed development and the draft amending Zoning By-law submitted by the applicant, Planning staff are recommending that the following site-specific development standards within the RM1 Zone be implemented as part of the proposed Zoning By-law Amendment for the lands (refer to Appendix B):
Minimum Lot Area (Interior Lot), 170 square metres (1830 square feet);
Minimum Rear Yard Setback, 6.0 metres (19.6 feet); and,
Specify that the lot line that divides the Lot(s) from King Road to be the Front LotLine.
Draft Plan of Subdivision Application The design of this draft plan provides for a new east-west road that will continue north and as redevelopment occurs will extend to Puccini Drive. The draft plan consists of a total of 7 blocks. Blocks 1 through 4 contain a total of 8 semi-detached units fronting onto the new east-west road with Blocks 5 and 6 containing a total of 14 street townhouses fronting onto King Road with vehicular accesses from the new east-west road. The proposed dwelling lots are consistent from a lot fabric perspective with the adjacent subdivision to the west of the subject lands and also generally in keeping with the recent subdivision developments in the Puccini Drive area. It should be noted that area immediately west of the western boundary of lot 1 shown as Street ‘B’ on the revised draft plan is comprised of a total of 0.85 metres which is required to accommodate a 20 metre right of way for the adjoining subdivision to the west. This is further stipulated in Condition 4 (c) of the conditions of draft Plan Approval (refer to Appendix C).
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Department and External Agency Comments Development Planning Division Planning staff has reviewed the applicant’s development proposal and is recommending approval of the draft Plan of Subdivision and Zoning By-law Amendment for the following reasons:
The proposed development conforms with the policies of the Town’s Official Plan(2010); and
The proposed RD1 and RM1 zone categories to facilitate the proposed developmentis appropriate given the context of the area where Council has approved comparabledevelopment standards in adjacent approved Plans of Subdivisions in keeping withthe Council approved Infill Study and Design Guidelines for the Bathurst and PucciniNeighbourhoods.
Other Departments/External Agencies Comments have also been received from the Town's Community Services Department, Corporate and Financial Services Department, Regulatory Services Division, Fire Services Division, Urban Design Section, Parks Planning and Natural Heritage, Development Engineering Division, Region of York and the Toronto and Region Conservation Authority. These Town departments and external agencies have no objections to the application and/or have provided their conditions of draft approval. The Schedule of Conditions of draft approval has been attached as Appendix C to this report.
Interim Growth Management Strategy The applicant has submitted the requisite Sustainability Metrics submission for consideration by the Town. Staff has reviewed the submission and finds it acceptable as the proposed development is able to achieve a score of 29 which is within the approved threshold score range of 21 to 35 for plans of subdivision. Accordingly, Staff will be recommending servicing allocation for a maximum of 26 persons equivalent of population (8 semi-detached units) and 42 persons equivalent of population (14 townhouse dwelling units) be allocated to the subject lands.
Financial/Staffing/Other Implications The recommendation does not have any financial, staffing or other implications.
Relationship to Strategic Plan The proposed development is generally aligned with Goal Two of the Town’s Strategic Plan, Better Choice in Richmond Hill by providing better options for a range of housing types and styles. The proposed application would also align with Goal Four of the Strategic Plan, Wise Management of Resources in Richmond Hill through the responsible use of available land.
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Conclusions The applicant is seeking Council's approval of the Zoning By-law Amendment and draft Plan of Subdivision applications in support of its proposal to construct a residential development comprised of eight (8) semi-detached dwelling units and fourteen (14) townhouse units on its land holdings. The applicant has now satisfactorily addressed the most significant issues and concerns raised during the circulation of the applications.
The submitted Zoning By-law Amendment and draft Plan of Subdivision applications are consistent with the Provincial Policy Statement, and conforms to the Growth Plan, and the York Region Official Plan. Furthermore, the proposed development maintains the general intent of the goals, objectives and policies of the Town’s new Official Plan. In light of the preceding, staff is of the opinion that the proposed development is appropriate and represents good planning, and it is recommended that Council approve the submitted Zoning By-law Amendment and draft Plan of Subdivision applications as outlined and described in this report.
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Appendix Contents and Maps: The following attached documents may include scanned images of appendixes, maps and photographs. If you require an alternative format please call contact person listed in this document.
Appendix A, Extract from Public Meeting held on April 20, 2016
Appendix B, Draft Zoning By-law 3-17
Appendix C, Draft Plan Conditions
Map 1 Aerial Photograph
Map 2 Neighbourhood Context
Map 3 Revised Draft Plan of Subdivision
Map 4 Original Draft Plan of Subdivision
Map 5 Official Plan Designation
Map 6 Residential Infill Bathurst and Puccini Neighbourhood Plan
Map 7 Existing Zoning
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Appendix “A” Council Public Meeting Extract
3.3 Request for Comments - Zoning By-law Amendment and Draft Plan of Subdivision Applications – Dormer King Inc. – Part of Lots 37, 38 and 39, Plan 202 - 368, 376, 384 and 390 King Road - File Nos.: D02-15033 and D03-15010 - (SRPRS.16.067)
Andy Karaiskakis of the Planning and Regulatory Services Department provided an overview of the proposed Zoning By-law Amendment and Draft Plan of Subdivision applications to facilitate the development of twelve (12) semi-detached dwellings and fourteen (14) townhouse dwelling units on the subject lands. Mr. Karaiskakis advised that staff’s recommendation was that the staff report be received for information purposes only and all comments be referred back to staff.
Murray Evans, Evans Planning Inc., agent for the applicant, advised of the subject lands location within a designated priority infill area and noted that the proposed development plan was in compliance with the direction and intent of that infill study with respect to density transition to the north. He reviewed the lot pattern for the site which was derived from the overall area concept, noting townhouses facing King Road and semi-detached homes on the northern portion of the subject lands. Mr. Evans noted other development proposals in the area that had been approved or were in the application process and advised that the proposed development was an extension of those uses. He referenced the zone standards being requested advising that they had been approved in the area and noted the rear yard setback and the future streetscape on King Road. He referenced comments by staff related to the existing plan not facilitating future rear lot development for the properties to the north and east and presented a concept plan to provide for this option. He advised that he was in attendance to receive comments and a revised plan would be submitted following tonight’s meeting.
Mark Barton, 21 Poplar Drive, noted the infrastructure that has been put in place for the area, requested information related to the length of time to complete the project and advised that he was glad to see the proposed changes that would address his concerns related to rear yard development.
Owner of 25 Poplar Drive requested clarification related to the proposed development in relation to his property and expressed his concerns related to semi-detached homes backing onto his property, noting the negative impact they could have on his property value.
Moved by: Councillor Beros Seconded by: Regional and Local Councillor Hogg
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That Staff Report SRPRS.16.067 with respect to the Zoning By-law Amendment and Draft Plan of Subdivision applications submitted by Dormer King Inc. for lands known as Part of Lots 37, 38 and 39, Plan 202 (Municipal Addresses: 368, 376, 384 and 390 King Road), Town File Nos. D02-15033 and D03-15010, be received for information purposes only and that all comments be referred back to staff.
Carried Unanimously
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Appendix “B” The Corporation of The Town Of Richmond Hill
By-Law 3-17
A By-law to Amend By-law 313-96, as amended, of The Corporation of the Town of Richmond Hill and
By-law No. 1275, as amended of the former Township of King.
WHEREAS the Council of The Corporation of the Town of Richmond Hill (the Corporation) at its Meeting of _____, 2017, directed that this by-law be brought forward to Council for its consideration;
Now Therefore The Council Of The Corporation Of The Town Of Richmond Hill Enacts As Follows:
1. That By-law 1275, as amended of the former Township of King, as amended, befurther amended by removing those lands shown on Schedule A to this By-lawNo. 3-17 (the “Lands”) and any provisions of By-law 1275, as amended of theformer Township of King that previously applied to the Lands shall no longerapply to the Lands.
2. That By-law 313-96, as amended of the Corporation is hereby further amendedby:
a. expanding the boundary to include the Lands;
b. zoning the Lands to “Semi-detached One (RD1) Zone” and “MultipleResidential One (RM1) Zone” as shown on Schedule “A” to this By-law 3-17;
c. adding the following to Section 7 – EXCEPTIONS:
“7.172
Notwithstanding any other inconsistent or conflicting provision of By-law 313-96, as amended of the Corporation, the following special provision shall applyto the lands zoned Multiple Residential One (RM1) Zone and moreparticularly shown as RM1 on Schedule A to this By-law 3-17 and denoted bya bracketed number (7.172):
i. Minimum lot area (interior lot): 170 square metres (1830 square feet)
ii. Minimum rear yard setback: 6.0 metres (19.6 feet)
iii. the lot line that divides the lot from King Road shall be the front lotline.”
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3. All other provisions of By-law 313-96, as amended of the Corporation notinconsistent with the foregoing, shall continue to apply to the lands shown onSchedule A attached hereto.
4. The imperial measurements found in this by-law in brackets are provided forinformation purposes only and are intended to be an approximate conversion ofthe metric measurements. The metric or SI measurements shall be deemed tobe the standards established by this by-law and, wherever there is a variancebetween the metric or SI measurements and the imperial measurements, themetric or SI measurement shall apply.
5. Schedule A attached to By-law 3-17 is declared to form a part of this by-law.
PASSED THIS ____ DAY OF _______ , 2017.
________________________________ Dave Barrow Mayor
________________________________ Stephen M.A. Huycke Town Clerk
D02-15033 (SC)
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The Corporation of the Town of Richmond Hill
Explanatory Note to By-Law 3-17
By-law 3-17 affects lands described as Part of Lots 37, 38 and 39, Plan 202 and municipally known as 368, 376, 384 and 390 King Road.
By-law 1275, as amended of the former Township of King, presently zones the subject lands Residential Urban (RU) Zone.
By-law 3-17 will have the effect of rezoning the subject lands to Semi-detached One (RD1) Zone and Multiple Residential One (RM1) Zone under By-law 313-96, as amended of the Corporation, and to establish site-specific development standards for the lands zone RM1 shown on Schedule A in order to facilitate the construction of 8 semi-detached units and 14 street townhouse units.
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Appendix “C” The Corporation of the Town Of Richmond Hill
Schedule of Conditions Draft Plan of Subdivision
File D03-15010 (19T(R)-15R10) Dormer King Inc.
Part of Lots 37, 38 and 39, Plan 202 Town of Richmond Hill
______________________________________________________________________
Town of Richmond Hill Development Planning Division
1. Approval shall relate to a draft Plan of Subdivision prepared by Evans Planning,dated March 14, 2016.
2. The lands within this draft Plan of Subdivision shall be appropriately zoned by azoning by-law which has come into effect in accordance with the provisions of thePlanning Act.
3. Prior to final approval of the Plan, the Owner shall provide the Town withevidence in the form of an Ontario Land Surveyor Certificate that:
a) any existing buildings or structures on the lands as of the date of finalapproval, are situated so as to comply with applicable zoning by-laws afterregistration of the plan; and,
b) all lot frontages and lot areas within the plan conform to the applicablezoning by-law.
4. a) The road allowances included within this draft Plan of Subdivision shall benamed to the satisfaction of the Town and the York Region CorporateServices Department. The Owner shall agree in the SubdivisionAgreement that all street names shall be identified to the satisfaction ofthe Town prior to construction of any buildings.
b) The Owner shall agree in the Subdivision Agreement that no buildingpermit application will be submitted for any individual lot or block until theOwner has submitted architectural design plans of the building facades,for all lots and/or blocks within the plan and obtained the approval of theTown through the Architectural Design Control process. Such architecturaldesign plans shall be in accordance with Town approved ArchitecturalDesign Control Guidelines. The Owner shall agree to build in accordancewith the approved plans.
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(c) The Owner shall agree to convey the width of 0.85 metres labeled asStreet ‘B”, measured from the entire western boundary of lot 1 in therevised draft Plan of Subdivision for the purposes of providing theremaining portion required for the 20 metre road allowance for theadjoining subdivision (D03-14003).
Development Engineering Division
5. The road allowances and road widenings included within this draft Plan ofSubdivision shall be dedicated as public highways to the Town without monetaryconsideration and free of all charges and encumbrances.
6. Any dead ends or open sides of road allowances created by this draft Plan ofSubdivision shall be terminated in 0.3 metre reserves, to be conveyed to theTown without monetary consideration and free of all charges and encumbrances.
7. a) Prior to final approval of the draft plan or any portion thereof, the owner shall enter into one or more Subdivision Agreements with the Town in order to satisfy the financial, servicing and other requirements of the Town, including the construction and installation of municipal services (including, inter alia, roads, curbs, gutters, sidewalks, watermains, sanitary sewers, storm sewers, street lights, traffic lights, street name and regulatory signs) at the owner's expense, both upon the lands within the draft plan and upon lands external thereof, provision of insurance, payment of Development Charges and prepayment of Local Improvement charges as required by the Town.
b) The owner shall agree in the Subdivision Agreement to pay all processingfees in accordance with the Town’s Tariff of Fees By-Law with respect tothe subdivision of lands, and shall pay any new or additional costs or feesimposed upon the Town by the Province of Ontario or The RegionalMunicipality of York which relate to the lands within the draft plan andwhich may arise prior to the final execution of the subdivision agreement.Payment of applicable Regional, Educational and Town-wideDevelopment Charges will be required prior to the issuance of any buildingpermit upon the subdivision lands.
8. Prior to final approval of the draft plan or in any portion thereof, the Owner shallenter into an agreement with a distributor as that term is defined in the ElectricityAct, 1998, respecting the provisions of electric service and streetlighting.
9. Such easements as may be required for utility, municipal servicing or drainagepurposes shall be granted to the Town or other appropriate authority in priority toall charges and encumbrances. Such easements to be conveyed to the Town,Region, the Province or the Toronto and Region Conservation Authority shall beconveyed without monetary consideration.
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10. Prior to entering into any agreement with any telecommunications serviceprovider, any natural gas or electricity service distributor or transmitter or anyother public utility provider for the use of any lands within the Plan, which is to bedeeded or dedicated to the Town, the Region, Her Majesty the Queen in theRight of the Province of Ontario or any other public authority, including, inter alia,land which is to be dedicated to the Town the Region, Her Majesty the Queen inthe Right of the Province of Ontario as public highways, the Owner shall obtainthe approval of the Town of the location of any services permitted by suchagreement and the wording of the agreement.
Wherever any agreement with a telecommunications service provider, any natural gas or electricity service distributor or transmitter or any other public utility provider for the use of any lands within the Plan, and any easement which has been transferred or is to be transferred to a telecommunications service provider, any natural gas or electricity service distributor or transmitter or any other public utility provider for the use of any lands within the Plan, permits or will permit the installation of aboveground services or facilities, prior to entering into the agreement or transferring such easement, the Owner shall obtain the approval of the Town of the design of such services and facilities. The Owner shall agree in the Subdivision Agreement to not construct or permit to be constructed any aboveground services or facilities inconsistent with or not in accordance with approved design drawings.
The Owner shall agree in the Subdivision Agreement to provide evidence satisfactory to the Town that the aforesaid restrictions have been complied with prior to registration of the Subdivision Agreement.
11. The Owner shall agree in the Subdivision Agreement to obtain the approval ofthe appropriate authority for the installation of electric, gas, telephone andtelecommunication services and that the installation of those services shall beunderground within the road allowances or within other appropriate easements.
12. The Owner shall permit any telephone or telecommunications service provider tolocate its plant within the proposed subdivision prior to the registration providedthe telephone or telecommunications services provider has executed a MunicipalAccess Agreement with the Town. The Owner shall ensure that any suchprovider will be permitted to install its plant so as to permit connection toindividual dwelling units within the subdivision as and when each dwelling unit isconstructed. The Owner shall agree to the foregoing in the SubdivisionAgreement.
13. Public highways shall be designed in accordance with the Town’s standards forroad and intersection design, temporary turning circles, daylighting triangles, and0.3 metre reserves. For public highways designated as local roads, curb radiishall be designed to provide a 9.5 metre pavement width within the horizontalcurve at all changes in horizontal alignment between 60 to 90 degrees.
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14. The Owner shall agree in the Subdivision Agreement that construction accessshall be provided only in a location approved by the Town and the CorporateServices Department.
15. The Owner shall agree in the Subdivision Agreement that all portions of publichighways which are not paved and all drainage swales on public or privateproperty shall be graded and sodded in accordance with the standards of theTown.
16. The Owner shall agree in the Subdivision Agreement to grade and seed allundeveloped lands within the plan, other than conservation lands, and tomaintain, to the satisfaction of the Town, all undeveloped lands within the plan.
17. The Owner shall agree in the Subdivision Agreement that maintenance of anyretaining walls constructed within this draft Plan of Subdivision shall be theresponsibility of the Owner, and of subsequent owners. Retaining walls shall notbe constructed upon lands to be transferred to the Town.
18. Prior to final approval, a soils report with respect to the sufficiency and adequacyof the soil within the draft plan to sustain the municipal services and buildingsand other structures to be constructed within the draft plan shall be submitted tothe Town for review and approval.
19. The Owner shall provide to the Town, engineering drawings for, and shall agreein the Subdivision Agreement to install, to the satisfaction of the Town,watermains, sanitary sewage works, storm sewage works, adequate pavementwidth for roadways, curbs, gutters, sidewalks, street lighting, traffic signals,regulatory signs, street name signs, and any other services or facilities asrequired. The Owner shall not connect any watermain or sewer to existingmunicipal systems without the written approval of the Town. All lands to beconveyed to the Town for open space purposes and all easements shall beshown on the engineering drawings. The Owner shall obtain the approval of theRegion and/or the Ministry of the Environment, by way of certificate of approval,for the installation of watermains, sanitary sewage works, and storm sewageworks.
Further, the Owner shall agree in the Subdivision Agreement that the plan or any portion thereof shall not be granted final approval and registered until:
i) adequate sanitary sewage is available as determined by the Town and hasbeen allocated, by the Town, to the plan;
ii) adequate water supply capacity is available, as determined by the Town, andhas been allocated, by the Town, to the plan;
And further, the Owner shall agree in the Subdivision Agreement that the Owner shall save harmless the Town and the Regional Municipality of York from any
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claim or action as a result of water or sanitary sewer service not being available when anticipated.
20. The Owner shall agree in the Subdivision Agreement that the sanitary and stormsewers shall be connected and drained to outlets approved by the Ministry of theEnvironment, the Region of York, the Town of Richmond Hill and whereapplicable, the Toronto and Region Conservation Authority.
21. The Owner shall agree in the Subdivision Agreement that the water distributionsystem for this draft Plan of Subdivision shall be looped within this draft Plan ofSubdivision and with the existing watermain system on the periphery of this draftPlan of Subdivision as necessary, and that allowance shall be made for thefuture servicing of parcels of land abutting this draft Plan of Subdivision asrequired by the Town.
22. The Plan of Subdivision or any portion thereof shall not be given final approvalfor registration until such time as storm and sanitary sewer outlets, waterdistribution systems, and site access via local and collector road systems areavailable or other arrangements satisfactory to the Town have been made.
23. The Owner shall agree in the Subdivision Agreement that no building permits willbe applied for or issued for any individual lot or block until the Owner hassubmitted an individual house siting and grading plan and obtained the approvalof the Town for such individual lot or block plan showing inter alia, the drivewaylocation(s) within the road allowance and the building(s) on the lot. The Ownershall agree to build in accordance with the approved plan.
24. The pattern of streets and the layout of reserve blocks within this draft Plan ofSubdivision shall be designed to align precisely with the pattern and layout forexisting plans or any adjoining proposed Plan of Subdivision.
25. The Owner shall agree in the Subdivision Agreement:
a) to be responsible for the proper drainage within this draft Plan of Subdivisionand the effect of such drainage on all lands abutting this draft plan;
b) that all lot and block grading plans shall be prepared by the engineer for theOwner in accordance with the Town’s Design Criteria and Design Standardsand to provide individual lot grading plans for each lot on the plan prior to theissuance of building permits;
c) that for the purpose of preparation of the overall lot and/or block grading plansand the individual lot grading plans, the owner shall comply with the Townpolicy with respect to usable yard criteria;
d) to develop the lands within the plan in accordance with the approved gradingplans and individual lot grading plans; and,
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e) that the overall lot and/or block grading plans and the individual lot gradingplans shall reflect the Tree Inventory and Management Plan and shallminimize grade changes in areas of trees to be retained.
26. The Owner(s) shall agree in the Subdivision Agreement to provide the Town withdigital copies of the draft and final Plan of Subdivision and all reference plans inaccordance with the Town’s digital submission requirements. These plans shallbe tied to horizontal control at a minimum of three (3) locations at the extremecorners of the plan. The Owner(s) shall agree in the Subdivision Agreement toprovide as built engineering drawings (including tributary areas drawings), inaccordance with the digital and hard copy submission requirements specified inTown Standards and shall include the database required to satisfy the Town’sInfrastructure Management System.
27. The Owner(s) shall contribute towards the cost of supplying and installinghorizontal and vertical control and certification by an Ontario Land Surveyor aspart of the Town’s survey monumentation program.
28. Prior to final approval of the draft plan or any portion thereof, arrangementssatisfactory to the Town shall be in place to provide for the following communityservices (at a time and with securities satisfactory to the Town and with theconveyance of the necessary lands or easements for the community services tothe Town at a time satisfactory to it), which community services are inaccordance with, or necessarily incidental to the Functional Servicing Report(FSR) prepared by Cole Engineering Group Ltd. and the Functional ServicingPlan (FSP) for Area D of OPA 129:
a) Construction of one primary means public road access from the roads withinthe draft plan to Kent Matthew Street, together with all appurtenantwatermain(s), sanitary sewer(s) and storm drainage sewer(s) thereunder;
b) Construction of the piped water supply system and appurtenances external tothe draft plan, including upgrades to the existing system, for the pressuredistrict servicing the draft plan (to the satisfaction of the Region as well as theTown) and construction of the piped water supply system to service the draftplan, all as outlined in the FSR and/or FSP;
c) Construction of the sanitary sewer system and appurtenances external to thedraft plan to an established outlet and construction of sanitary sewers andappurtenances to service the draft plan, all as outlined in the FSR and/orFSP;
d) Construction of the stormwater system to service the draft plan, includingStorm Water Management (SWM) Facilities as shown in the FSR and/or FSP,together with required outlet(s) to the existing watercourse(s) for stormwatermanagement and municipal servicing purposes; and,
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e) Conveyance of all lands external to the draft plan required for municipalservicing purposes, all as outlined in the FSR and/or FSP.
29. Prior to final approval of the Plan of Subdivision or any portion thereof, the Ownershall enter into one or more agreements, satisfactory to the Town, pertaining tothe provision of the community services referenced in Condition 28, which saidagreement(s) shall address, among other things, credits under the DevelopmentCharges Act to the satisfaction of the Town.
30. Prior to final approval of the Plan of Subdivision or any portion thereof, one ormore by-laws enacted by the Town under the Development Charges Actproviding for development charges for the community services referenced inCondition 29 and other community services, shall have come into force asprovided for under that Act and any appeals to the said by-laws shall have beendisposed of by the OMB.
31. Prior to any grading, stripping or servicing of the lands included within the draftplan, the Owner shall provide a detailed Stormwater Management Report. Thisreport shall be completed to the satisfaction of the Commissioner of Planning andRegulatory Services and shall address:
a) the selection of stormwater management source, conveyance, low impactdevelopment and end-of pipe practices to be implemented within and externalto the draft plan to address water quantity, water quality, and erosion control;
b) the protection of groundwater quality and quantity including a water balanceanalysis and provision of low impact development measures to maintainpredevelopment groundwater recharge.
c) the stormwater management design, inspection, operation and maintenanceprocedures and associated costs;
d) monitoring plans, programs, equipment, procedures and associated costsrequired to address stormwater management performance in accordance withthe requirements of the Function Servicing Report (FSR) or FunctionalServicing Plan (FSP); and,
e) erosion and sediment control measures to be implemented before strippingand grading of the subject lands to protect downstream watercourses andenvironmental features.
Such report(s) shall utilize as guidelines the Ministry of the Environment Stormwater Management Planning and Design Manual, and the Town of Richmond Hill Stormwater Management Design Criteria. The Owner shall incorporate the recommendations of this report into the applicable engineering plans to be prepared for approval by the Commissioner of Planning and Regulatory Services. The Owner shall agree in the Subdivision Agreement to
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implement the recommendations of the Stormwater Management Report and to undertake the performance monitoring program specified in the FSR and/or FSP and to provide appropriate securities to carry out or cause to be carried out the performance monitoring program.
32. The Owner shall agree in the Subdivision Agreement:
a) to demonstrate that, prior to assumption of municipal services, all stormwatermanagement facilities are performing in accordance with their approveddesign to the satisfaction of the Commissioner of Planning and RegulatoryServices;
b) to satisfy the quality and quantity performance monitoring requirementsduring construction and for assumption specified in the Town of Richmond HillStormwater Management Design Criteria.
33. The Owner shall engage the services of a certified noise consultant to completea noise study recommending noise control features satisfactory to the Town, theRegional Corporate Services Department and in accordance with Ministry of theEnvironment and Energy noise guidelines.
34. The Owner shall agree in the Subdivision Agreement that the noise controlfeatures recommended by the study referred to in Condition 33, shall beimplemented as approved. Prior to final approval of the Plan of Subdivision, acopy of the fully executed Subdivision Agreement shall be forwarded to theRegional Corporate Services Department.
35. Where the noise study has determined that a noise level of between 55 dBA to60 dBA will remain, despite the implementation of the recommendations of thatstudy, the following warning clause shall be included in the registeredSubdivision Agreement with respect to the lots or blocks affected:
"Purchasers are advised that despite the inclusion of noise control features within the development area and within the individual building units, noise levels may continue to be of concern, occasionally interfering with some activities of the building occupants."
Such clause shall be required to be included in all offers of purchase and sale for the lots or blocks affected.
36. Where the noise study has determined that noise attenuation fences will beconstructed onto lots or blocks within the plan, the following warning clause shallbe included in the registered Subdivision Agreement with respect to the lots orblocks affected:
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"Purchasers are advised that where noise attenuation fences are shown on the plans attached to the Subdivision Agreement with the Town (Schedule B"), it is the requirement of the Town that such noise attenuation fences be constructed on private property and that they be maintained by the individual owner of the lot(s) or block(s) to the satisfaction of the Town."
Such clause shall be required to be included in all offers of purchase and sale for the lots or blocks affected.
37. The Owner shall agree in the Subdivision Agreement that Block 8 shall be shownas a block on the final plan and shall be developed only in conjunction withabutting lands. If the owner acquires the abutting lands prior to the release ofthis draft plan for registration, the abutting lands may be combined with the saidblocks and shown as lots within the final plan. Further, with respect to thisrestriction, the Owner shall provide and register restrictions under Section 118and 119 of the Land Titles Act, satisfactory to the Town.
38. Prior to final approval of the Plan either;
a) Draft plan 19T-14003 in the form approved by the Town (or OMB) shall beregistered and adequate road access adjacent to the Plan (to the west) shallhave been provided, together with storm, sanitary and water services, to thesatisfaction of the Town or;
b) The lands to form the public highway adjacent to the Plan (to the west) shall havebeen conveyed to the Town to allow public road access to Kent Matthew Streetwithout cost and free of encumbrances, and arrangements satisfactory to theTown shall be in place for the construction of the road thereon, together withstorm, sanitary and water services.
Policy Planning Division – Parks Planning and Natural Heritage Section
39. The Owner agrees that no trees, vegetation or environmentally significantfeatures within the draft plan shall be removed or altered without the writtenconsent of the Town. Further, in the event that any trees, vegetation orenvironmentally significant features within the draft plan are removed or alteredwithout the written consent of the Town, the Owner shall restore the lands and/orprovide compensation to the municipality as required by the Town.
40. Prior to any grading, development, pre-servicing or site alteration the Owner shallsubmit a Tree Inventory and Preservation Plan completed consistent with theTown’s guidelines for the preparation of such reports and to the satisfaction ofthe Town. The Owner shall agree to implement the recommendations of TreeInventory and Preservation Plan finally approved by the Town, to pay all costsassociated with implementation, to replace the loss of tree cover either through
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replanting and/or cash-in-lieu of planting, and provide associated securities upon request to guarantee undertaking of the work.
41. Prior to execution of the Subdivision Agreement, the Owner shall prepare andsubmit for approval by the Town a Landscape Plans, which will provide for:
a) Landscaping traffic islands and circles;
b) Boulevard/street trees;
c) Landscaping elements indicated in the IGMS/Sustainability Metrics proposal –1.C.2 tree replacement and 1.C.3 meeting municipal tree planting standardsand soil volumes;
d) Tree cover replacement; and
e) Any other specific landscaping required.
The Owner shall agree in the Subdivision Agreement to implement the Landscape Plans as finally approved by the Town, to pay all costs associated with implementation, and to provide associated securities as requested to guarantee undertaking of the work.
42. The Owner shall agree in the Subdivision Agreement that topsoil usedthroughout the Plan will be fertile and consistent with Town standards. Further,the Owner shall confirm that such is the case by submitting reports and soil testresults as requested by the Town. If the results of the reports and soil testsindicate that the topsoil is not fertile and/or does not meet Town standards,reports must recommend how the topsoil should be amended to meet suchrequirements.
Region of York
43. The road allowances included within this draft Plan of Subdivision shall benamed to the satisfaction of the Town and York Region.
44. York Region shall confirm that adequate water supply and sewage servicingcapacity are available and have been allocated by the Town of Richmond Hill forthe development proposed within this draft Plan of Subdivision or any phasethereof. Registration of the Plan of Subdivision shall occur in phases based onthe availability of water supply and sewage servicing allocation.
45. The Owner shall enter into an agreement with the Region wherein the Ownershall save harmless York Region from any claim or action as a result of water orsanitary sewer service not being available when anticipated.
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46. Prior to final approval, the engineering drawing showing the layout of thewatermains and sewers shall be submitted to the Infrastructure AssetManagement branch for review.
47. The Owner shall enter into an agreement with the Region wherein the Ownershall agree that any direct connection to a York Region water or wastewatersystem requires Regional approval prior to construction. Engineering drawingsshowing details of the connection shall be submitted to the Infrastructure AssetManagement Branch for approval.
48. Prior to final approval, the Owner shall agree that no direct vehicular access willbe allowed to King Road. All site accesses must be provided via local roads.
49. Prior to final approval, the Owner shall agree to provide direct pedestrian/cyclingfacilities and connections from the proposed development to King Road tosupport active transportation and transit.
50. Prior to final approval, the Owner shall submit a Transportation DemandManagement (TDM) Plan as part of the revised Traffic Impact Study, to thesatisfaction of the Region. The TDM plan shall include the following:
a) A TDM communication strategy shall be provided to communicate and notifythe Region and the Town to effectively deliver the Information Packagesand pre-loaded PRESTO Cards to residents. This strategy shall also includea physical location for distribution of the Information Packages and pre-loaded PRESTO Cards.
b) The TDM plan shall include a TDM recommendations checklist thatsummarizes the programs and measures, responsibility of the applicant,and the estimated costs for these recommendations.
51. Prior to final approval, the Owner shall provide a set of engineering drawings, forany works to be constructed on or adjacent to King Road, to the CorporateServices Department, Attention: Manager, Development Engineering, thatincludes the following drawings:
a) Plan and Profile for the York Region road and intersections;
b) Grading and Servicing;
c) Construction Access Design;
d) Utility and Underground Services Location Plans;
e) Signalization and Illumination Designs (if required);
f) Line Painting (if required);
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g) Traffic Control/Management Plans;
h) Erosion and Siltation Control Plans;
i) Landscaping Plans, including tree preservation, relocation and removals;and,
j) Requirements of York Region Transit/Viva.
52. Prior to final approval, the location and design of the construction access for thesubdivision work shall be completed to the satisfaction of the Corporate ServicesDepartment and illustrated on the Engineering Drawings.
53. Prior to final approval, the Owner shall demonstrate, to the satisfaction of theCorporate Services Department, that all existing driveway(s) along the King Roadfrontage of this subdivision will be removed as part of the subdivision work, at nocost to York Region.
54. Prior to final approval, the Owner shall demonstrate, to the satisfaction of theCorporate Services Department that elevations along the ultimate streetline shallbe 0.3 metres above the centreline elevations of King Road, unless otherwisespecified by the Corporate Services Department.
55. Prior to final approval, the Owner shall submit drawings depicting the following tothe satisfaction of York Region staff:
a) all existing woody vegetation within the York Region road Right-of-Way;
b) tree protection measures to be implemented on and off the King RoadRight-of-Way to protect right of way vegetation to be preserved;
c) any woody vegetation within the King Road Right-of-Way that is proposedto be removed or relocated. It is to be noted that tree removal within YorkRegion road Right’s-of-Way shall be avoided to the extentpossible/practical. Financial or other compensation may be sought basedon the value of trees proposed for removal; and,
d) a planting plan for all new and relocated vegetation to be planted within theKing Road Right-of-Way, is based on the following general guideline:
Tree planting shall be undertaken in accordance with York Region standards as articulated in Streetscaping Policy and using species from the York Region Street Tree Planting List. These documents may be obtained from the Forestry Section. If any landscaping or features other than tree planting (e.g. flower beds, shrubs) are proposed and included in the Subdivision Agreement, they will require the approval of the Town and be supported by a Maintenance Agreement between the Town and the Region for Town maintenance of these features; and such
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Maintenance Agreement should indicate that where the area municipality does not maintain the feature to York Region’s satisfaction, the area municipality will be responsible for the cost of maintenance or removal undertaken by the Region.
56. Prior to final approval, the Owner shall engage the services of a consultant toprepare and submit for review and approval, a noise study to the satisfaction ofthe Corporate Services Department recommending noise attenuation features.
57. The Owner shall satisfy the Corporate Services Department, to implement thenoise attenuation features as recommended by the noise study and to thesatisfaction of the Corporate Services Department.
58. The Owner shall satisfy the Corporate Services Department, that where berm,noise wall, window and/or oversized forced air mechanical systems are required,these features shall be certified by a professional engineer to have been installedas specified by the approved Noise Study and in conformance with the Ministryof Environment guidelines and the York Region Noise Policy.
59. The following warning clause shall be included in a registered portion of theSubdivision Agreement with respect to the lots or blocks affected:
“Purchasers are advised that despite the inclusion of noise attenuation features within the development area and within the individual building units, noise levels will continue to increase, occasionally interfering with some activities of the building's occupants”.
60. Where noise attenuation features will abut a York Region right-of-way, the Ownershall satisfy the Corporate Services Department as follows:
a) that no part of any noise attenuation feature shall be constructed on or withinthe King Road right-of-way;
b) that noise fences adjacent to York Region roads may be constructed on theprivate side of the 0.3 metre reserve and may be a maximum 2.5 metres inheight, subject to the area municipality's concurrence;
c) that maintenance of the noise barriers and fences bordering on York Regionright-of-ways shall not be the responsibility of York Region; and
d) that any landscaping provided on the King Road right-of-way by the Owner, orthe area municipality, for aesthetic purposes must be approved by theCorporate Services Department and shall be maintained by the areamunicipality with the exception of the usual grass maintenance.
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61. Prior to final approval, the Owner shall agree that the following lands will beconveyed to York Region for public highway purposes, free of all costs andencumbrances, to the satisfaction of the York Region Solicitor:
a) a widening across the full frontage of the site where it abuts King Road ofsufficient width to provide a minimum of 18.0 metres from the centreline ofconstruction of King Road, and;
b) a 0.3 metre reserve across the full frontage of the site, adjacent to the abovenoted widening, where it abuts King Road and adjacent to the above notedwidening.
62. Prior to final approval, the Owner shall provide a solicitor's certificate of title in aform satisfactory to York Region Solicitor, at no cost to York Region with respectto the conveyance of the above noted lands to York Region.
63. York Region requires the Owner to submit to it, in general accordance with therequirements of the Environmental Protection Act and O. Reg. 153/04 Records ofSite Condition Part XV.I of the Act (as amended), a Phase I environmental siteassessment (“Phase I ESA”) of the Owner's lands that are the subject of theapplication, including the lands to be conveyed to York Region (the "ConveyanceLands"). The Phase I ESA cannot be more than 2 years old as of the actual datetitle to the Conveyance Lands is transferred to the Region. If the Phase I ESA islinked to different phases of development and there will be multiple conveyancesof lands, the Phase I ESA prepared in respect of a specific conveyance andphase of development cannot be more than two years old as of the actual date oftransfer of title to the Region. If a Phase I ESA is or would be more than twoyears old as of the actual date of transfer of title to the Region, the Phase I ESAwill need to be either updated or a new Phase I ESA obtained by the Owner inaccordance with the requirements of this section. The Region, at its discretion,may require further study, investigation, assessment and delineation todetermine whether any remedial or other action is required regardless of thefindings or conclusions of the Phase I ESA. Any Phase II environmental siteassessment required by or submitted to the Region must be prepared in generalaccordance with the requirements of O.Reg. 153/04 (as noted above). Relianceon the Phase I ESA and any subsequent environmental reports or otherdocumentation prepared in respect of the environmental condition of the landsmust be provided to the Region and: (i) will be addressed to “The RegionalMunicipality of York”; (ii) contain wording to the effect that the Region is entitledto rely on such reports or documentation in their entirety; and (iii) the terms andconditions of the reliance extended (including any wording seeking to limitliability) must be satisfactory to the Region.
64. The Owner shall also provide the Region’s Corporate Services Department witha certified written statement from the Owner or the Owner’s authorizedrepresentative that no contaminant, pollutant, waste of any nature, hazardous
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substance, toxic substance, dangerous good, or other substance or material defined or regulated under applicable environmental laws is present at, on, in or under all lands to be conveyed to York Region (including soils, substrata, surface water and groundwater, as applicable): (i) at a level or concentration that exceeds the Environmental Protection Act O. Reg. 153/04 full depth generic site condition standards applicable to the intended use that such lands will be put by York Region at the time of conveyance or any other remediation standards published or administered by governmental authorities applicable to the intended land use; and (ii) in such a manner, condition or emanating from such lands in such a way, that would result in liability under applicable environmental laws.
The preparation and delivery of the Phase I ESA, any subsequent environmental reports, other documentation, reliance and the Owner's certified written statement shall be provided at no cost to York Region.
65. The Owner shall satisfy the Corporate Services Department to be responsible todecommission any existing wells on the Owner’s lands in accordance with allapplicable provincial legislation and guidelines and to the satisfaction of the areamunicipality.
66. The Owner shall satisfy York Region that prior to the development approvals ofBlocks 5 and 6, that direct vehicle access from Blocks 5 and 6 to King Road willnot be permitted. Access must be obtained through the internal road network.
67. Prior to final approval, the Owner shall demonstrate, to the satisfaction of theCorporate Services Department, that all local underground services will beinstalled within the area of the development lands and not within the roadallowance of King Road. If a buffer or easement is needed to accommodate thelocal services adjacent to the King Road right-of-way, then the Owner shallprovide a satisfactory buffer or easement, at no cost to the Region.
68. The Owner shall satisfy the Corporate Services Department that the Owner willbe responsible for determining the location of all utility plants within York Regionright-of-way and for the cost of relocating, replacing, repairing and restoring anyappurtenances damaged during construction of the proposed site works. TheOwner must review, or ensure that any consultants retained by the Owner,review, at an early stage, the applicable authority's minimum vertical clearancesfor aerial cable systems and their minimum spacing and cover requirements. TheOwner shall be entirely responsible for making any adjustments or relocations, ifnecessary, prior to the commencement of any construction.
69. Prior to final approval, the Owner shall satisfy the Regional TransportationServices Department that the services to be installed by the Owner within or inconjunction with the Plan will provide for sidewalks on both sides of the roadwaylisted below, unless only one side of the street lies within the limits of the subjectlands. The sidewalks shall meet the local municipality's standards and be
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provided by the Owner along the subject lands' frontage onto roadway that has transit services.
Existing YRT/Viva transit services operate on the following roadway in the vicinity of the subject lands:
• King Road
70. The Owner shall satisfy the Regional Municipality of York TransportationServices Department that the services to be installed within or in conjunction withthe Plan will provide the passenger standing area/shelter pad identified belowand shall be installed to the satisfaction of the local municipality and York RegionTransit. The Region confirms that all such passenger standing areas/shelter padsshall be owned and maintained by the Region and that the local municipality shallhave no responsibility for those, notwithstanding that they may be included in thesubdivision agreement.
Subject to approval by YRT/Viva, a passenger standing area and shelter padshall be provided at the following intersection:
On Street King Road
At Street North of the T intersection at Bond Crescent
Location North east corner
Standard YRT-1.02 or YRT-1.03
Traffic Signal Request n/a
71. Prior to final approval, the Owner shall submit drawings showing, as applicable,the sidewalk location to the satisfaction of York Region.
72. The Owner shall satisfy York Region that it will advise all potential purchasers ofthe existing transit services in this development as identified in Condition 69. Thisincludes current transit routes, bus stops and shelter locations. This shall beachieved through distribution of information/marketing materials (YRT/Viva routemaps, Future Plan maps & providing YRT/Viva website contact information) atsales offices and appropriate notification clauses in purchase agreements. TheYRT/Viva route maps and the Future Plan maps are available from YRT/Vivaupon request.
73. The Owner shall satisfy the Regional Municipality of York TransportationServices Department that the services to be installed within or in conjunction withthe Plan will include illumination in accordance with the local municipality’sdesign standards along all streets which have transit services, sidewalks,pedestrian access and bus stop locations.
74. Prior to final approval, the Owner shall provide a copy of the SubdivisionAgreement to the Regional Corporate Services Department, outlining allrequirements of the Corporate Services Department.
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75. The Owner shall enter into an agreement with York Region, agreeing to satisfy allconditions, financial and otherwise, of the Regional Corporation; RegionalDevelopment Charges are payable prior to final approval in accordance with By-law No. 2012-36.
Toronto and Region Conservation Authority
76. That prior to any development, pre-servicing or site alteration, or registration ofthis plan or any phase thereof, the applicant shall submit, provide and/or attainthe approval from the TRCA for:
a) A detailed engineering report stamped by a professional engineer that inaddition to describing the storm drainage system for the proposeddevelopment of the subject lands, includes:
i. location and description of all outlets and other facilities, grading, sitealterations or development which may require a permit pursuant toOntario Regulation 166/06, the Authority’s Development, Interference withWetlands and Alterations to Shorelines and Watercourse Regulation;
ii. confirmation that all of TRCA’s stormwater management criteria havebeen met or exceeded for this development including the 5 mm on-sitestormwater retention / erosion control criteria;
iii. LID measures to achieve post to pre water balance with supportingcalculations, based upon onsite conditions determined through a SoilInvestigation/Hydrogeological Assessment;
iv. detail drawings, locations and plans for proposed water balance measureson the appropriate drawings;
v. detailed grading plans and site servicing plans.
b) A detailed and comprehensive Erosion and Sediment Control Plan, whichcomplies with the TRCA’s Erosion and Sediment Control Guidelines for UrbanConstruction (available at www.sustainabletechnologies.ca);
c) A Soil Investigation / Hydrogeological Assessment to verify existing siteconditions with regard to infiltration rates to the satisfaction of TRCA;
d) An updated Water Balance Assessment based upon findings in the SoilInvestigation/Hydrogeological Assessment to the satisfaction of the TRCA.
77. That the owner agrees in the subdivision agreement, in wording acceptable tothe TRCA:
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a) to carry out, or cause to be carried out, to the satisfaction of the TRCA, therecommendations of the technical reports and analyses to be approved byTRCA, including water balance and infiltration measures identified in theengineering report and Water Balance Assessment;
b) to agree to, and implement, the requirements of the TRCA’s conditions inwording acceptable to the TRCA;
c) to design and implement on-site erosion and sediment controls in accordancewith current TRCA standards;
d) to maintain all stormwater management and erosion and sedimentationcontrol structures operating in good repair during the construction period, in amanner satisfactory to the TRCA;
e) to obtain all necessary TRCA permits pursuant to Ontario Regulation 166/06(as amended) from the TRCA;
f) to provide and install the LID measures identified in the engineering reportand/or the updated Water Balance Assessment for the purchaser prior tooccupancy;
g) that a warning clause be included in all agreements of purchase and sale,and information is to be highlighted on all community information maps andpromotional sales materials which identifies the following:
“The Low Impact Development (LID) measures on the subject property form an integral part of the stormwater management infrastructure for the community. It is the owner’s responsibility to maintain this system and to ensure that proper drainage is maintained.”
h) that a warning clause be included in all agreements of purchase and sale,and information is to be highlighted on all community information maps andpromotional sales materials for lots which are to be equipped with rain barrelswhich identifies the following:
“The rain barrel(s) located on the subject property forms an integral part of the stormwater management infrastructure for the community. It is the owner’s responsibility to maintain this system and to ensure its continued operation.”
i) To design a monitoring protocol for the plan of subdivision (for the durationbeginning at construction until final municipal assumption) of all subdivisionphases, for the maintenance of the water balance and infiltration measures onthis site and for the stormwater management system, to the satisfaction of theTRCA. Such measures may include, but are not limited to monitoring
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overland flows and correlate the information against existing water balance data to determine the effectiveness of the proposed infiltration measures.
Ministry Of Culture
78. Prior to final approval, and prior to the initiation of any grading, the Owner shallcarry out an archaeological assessment of the entire area within this draft plan ofsubdivision and shall prepare a report which will identify significantarchaeological sites to the satisfaction of the Town of Richmond Hill and theArchaeology and Heritage Planning Unit of the Ministry of Culture.
79. The Owner shall agree in the subdivision agreement that no development orgrading shall occur on any site identified as being archaeologically significant bythe assessment referred to in Condition 76, until archaeological excavations of allsignificant sites within any phase for which final approval is sought has beencarried out to the satisfaction of the Town of Richmond Hill and the Archaeologyand Heritage Planning Unit of the Ministry of Culture.
Clearance Conditions
80. Final approval for registration may be issued in phases provided that:
a) all government agencies agree to registration by phases and provideclearances as required in Conditions 81, 82, 83, and 84; clearances will berequired for each phase proposed for registration by the Owner; furthermore,the required clearances may relate to lands not located within the phasesought to be registered.
81. The Town of Richmond Hill shall advise that Conditions 1-42 inclusive and 80have been satisfied; the clearance letter shall contain a brief statement detailinghow each condition has been met.
82. The Regional Corporate Services Department shall advise that Conditions 43-75inclusive and 80 have been satisfied; the clearance letter shall contain a briefstatement detailing how each condition has been met.
83. The Toronto and Region Conservation Authority shall advise that Conditions 76,77 and 80 have been satisfied; the clearance letter shall contain a brief statementdetailing how each condition has been met.
84. The Ministry Culture shall advise that Conditions 78, 79 and 80 have beensatisfied; the clearance letter shall contain a brief statement detailing how eachcondition has been met.
NOTE: Where final approval for registration has not been given within three (3) years after the date upon which approval to the proposed Plan ofSubdivision was given, The Town of Richmond Hill may, in its
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discretion, and pursuant to the Planning Act, R.S.O. 1990, withdraw its approval to this proposed Plan of Subdivision, unless approval has been sooner withdrawn, but The Town of Richmond Hill may from time to time extend the duration of the approval.
In accordance with Section 51(41) of the Planning Act, R.S.O. 1990, the decision to approve the draft Plan of Subdivision, subject to the above conditions, is deemed to have been made on __________________.
_________________________________________ Ana Bassios Commissioner of Planning and Regulatory Services The Town of Richmond Hill
DATE:
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Map 1 Aerial Photograph
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Map 2 Neighbourhood Context
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Map 3 Revised Draft Plan of Subdivision
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Map 4 Original Draft Plan of Subdivision
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Map 5 Official Plan Designation
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Map 6 Residential Infill Bathurst and Puccini Neighbourhood Plan
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Map 7 Existing Zoning
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