Recommendation 1 - Burlington · File: 520-01-08 . Purpose: Address goal or action in strategic...

of Report PB-37-13

Planning and Building Department TO: Development and Infrastructure Committee

SUBJECT: Argo Palladium Corporation 4601 Palladium Way (Alton Community)

Report Number: PB-37-13 File Numbers: 510-01/08 & 520-01/08

Report Date: May 9, 2013 Ward Affected: 1 2 3 4 5 6 X All

Date to Committee: May 27, 2013 Date to Council: June 10, 2013

Recommendation 1 APPROVE the APPLICATION TO REGISTER A PLAN OF SUBDIVISION AFFECTING LANDS LOCATED AT 4601 PALLADIUM WAY, WITHIN THE ALTON COMMUNITY – ARGO PALLADIUM CORPORATION LANDS THAT the application submitted by Ron Young, Young Project Management, 4255 Kane Crescent, Burlington, Ontario, L7M 5C2 to register a plan of subdivision for land located at 4167 Dundas Street within the Alton Community, BE RECOMMENDED FOR DRAFT PLAN APPROVAL, to the Director of Planning for a period not exceeding three years, such approval being applied to the applicant’s revised draft plan dated, October 12, 2013, containing 18 detached dwelling lots, 11 residential part lots and employment block, as shown on Detail Sketch No. 2 attached to Planning Report PL-37-13; and that draft plan approval shall be subject to the conditions contained in Appendix II of Planning Report PL-37-13. File: 510-01/08

Recommendation 2 APPROVE AN APPLICATION TO REZONE LANDS LOCATED AT 4601 PALLADIUM WAY, WITHIN THE ALTON COMMUNITY – ARGO PALLADIUM CORPORATION LANDS THAT the application submitted by Ron Young, Young Project Management, 4255 Kane Crescent, Burlington, Ontario, L7M 5C2 to register a plan of subdivision for land located at 4167 Dundas Street within the Alton Community, to permit 18 detached dwellings, 11 residential part lots and employment uses, BE APPROVED;

of Report PB-37-13

and that By-law 2020.333 attached as Appendix I to Report PL-37-13, a by-law to rezone lands to permit 18 detached dwellings, 11 residential part lots and employment uses, be enacted and passed by Council; and that Council certifies that By-law 2020.333 conforms with the Official Plan of the City of Burlington; and, that amending By-law 2020.333 contained in Appendix I of this report be forwarded to Council for approval. File: 520-01-08

Purpose: Address goal or action in strategic plan Establish new or revised policy or service standard Respond to legislation Respond to staff direction Address other area of responsibility

Reference to Strategic Plan:

Vibrant Neighbourhoods Prosperity Excellence in Government N/A The proposed residential plan of subdivision will complete the residential development that was previously approved to the south, thereby allowing this new neighbourhood to thrive. The employment land on the north side of Palladium Way will be rezoned to allow development in accordance with the Business Corridor designation which will expand and link the economic development opportunities adjacent to Highway 407 and Palladium Way.

of Report PB-37-13

REPORT FACT SHEET

RECOMMENDATIONS: Approval with conditions Ward No.: 6

App

licat

ion

Det

ails

APPLICANT/OWNER: Argo Palladium Corporation

FILE NUMBERS: 520-01/08 & 510-01/08 (24T-08001/B)

TYPE OF APPLICATIONS: Zoning By-law amendment and plan of subdivision

PROPOSED USE: Detached residential dwellings and employment uses.

Prop

erty

Det

ails

PROPERTY LOCATION: Palladium Way, east of Walkers Line

MUNICIPAL ADDRESSES: 4601 Dundas Street

PROPERTY DIMENSIONS: Width: n/a Area: 0.8 ha resident 3.6 ha employ

EXISTING USE: Vacant

Doc

umen

ts

OFFICIAL PLAN Existing: Residential-Low Density and, Business Corridor

OFFICIAL PLAN Proposed: No changes proposed

ZONING Existing: ‘D’, Development

ZONING Proposed: RAL1 and BC1-319

NEIGHBOURHOOD MEETINGS: None

PUBLIC COMMENTS: None

PROCESSING TIME: 5 months

of Report PB-37-13

Background: In 2008, the initial applications were made for a zoning by-law amendment and plan of subdivision by the Ontario Realty Corporation (ORC). During the processing of the applications, the ORC was exploring opportunities to divest surplus land holdings. Applications for a zoning by-law amendment and plan of subdivision were then put ‘on hold’ during the sales period. When Argo Palladium purchased these lands, the applications were reactivated.

Site Description The subject vacant lands are located in north-central Alton, between Walkers Line and Appleby Line, as shown on Sketch No. 1. The original land holding is now divided into two parcels separated by the Palladium Way right-of-way. The employment land is approximately 3.6 hectares and the residential land is approximately 0.8 hectares, located on the north and south side of Palladium Way, respectively.

The residential property will complete the residential subdivision to the west and south containing detached homes on Marble Gate, Pottery Drive and Ray Lane. To the east of the site is a new public elementary school and Doug Wright park. The employment site is a part of the larger Business Corridor running along the north side of Palladium Way throughout the Alton Community, as shown on Sketch No. 2. The property is currently vacant and previously functioned as farmland.

of Report PB-37-13

Description of Applications The purpose of the applications is to amend the Zoning By-law and to complete a plan of subdivision that will contain detached residential lots on the lands south of Palladium Way. The lands located on the north side of Palladium Way will remain one block and are planned for employment uses. The applications propose RAL1 zoning for the residential land and BC1 zoning for the employment land. This zoning is consistent with the zoning in the immediate area and used throughout Alton. The following studies have been submitted in support of the proposed zoning By-law amendment and plan of subdivision:

• Functional Design Report (dated, October 2012) • Tree Inventory and Preservation Study (dated, October 10, 2012) • Traffic Overview Study (dated, October 10, 2012) • Stage 1-2, archaeological Assessment (dated, September 2004) • Noise Control Study (dated, October 5, 2012) • Phase I Environmental Site Assessment (dated, December 20, 2007) • Phase I Environmental Site Assessment Update (dated, October 3, 2012)

Discussion: Policy Framework The applications are subject to the following policy framework: the Provincial Policy Statement (PPS), the Places to Grow: Growth Plan for the Greater Golden Horseshoe, the Halton Region Official Plan, the City of Burlington Official Plan and Zoning By-law 2020. Planning staff has reviewed the applications in the context of this planning framework. The planning merits of the applications within this policy framework are provided below. Provincial Policy Statement The Provincial Policy Statement (PPS) provides direction on matters of provincial interest related to land use planning and development. All municipal land use planning decisions are required to be “consistent with” the Provincial Policy Statement (2005) which sets out broad policy direction on matters of provincial interest. The PPS requires that planning authorities ensure the efficient development of land resulting in healthy, liveable and safe communities. Land use patterns within settlement areas shall be based on densities and a mix of land uses which efficiently use land, and the infrastructure and public service facilities which are planned or available.

of Report PB-37-13

This proposal is consistent with the objectives and policies of the PPS and it completes an efficient development pattern established by previous planning for this area within the Alton community. Places to Grow Provincial Growth Plan The final Growth Plan for the Greater Golden Horseshoe (Growth Plan) came into effect on June 16, 2006 and was prepared under the Places to Grow Act, 2005. The Growth Plan is based upon principles that will guide decisions on land development. Municipalities are to optimize the use of existing and new infrastructure to support growth in a compact, efficient form. The subject site is within the urban area of Burlington and is designated for residential, and employment uses by the Alton Secondary Plan approved by Council in 2001. The Secondary Plan has managed the development of the Alton community which began in 2005. Despite preceding the Province’s Growth Plan, the Alton Secondary Plan provided the framework that has produced a compact community with higher densities, reduced street right-of-way widths and convenient access to future transit – all of which are goals of the Growth Plan. The proposal conforms to the principles and objectives of the Growth Plan. Regional Official Plan The subject property is within the Urban Area designation of the Regional Official Plan. The range of permitted uses in the Urban Area shall be in accordance with local Official Plans and Zoning By-laws; however, all development is subject to the policies of the Regional Official Plan. Within the Urban Area, permitted uses and the creation of new lots is to be in accordance with local Official Plans and Zoning By-laws. Regional planning staff has confirmed that the proposal by Argo Palladium Corporation conforms to the Regional Official Plan. City of Burlington Official Plan and Secondary Plan The Alton Secondary Plan was approved by Council in July, 2001. At the same time, Official Plan Amendment No. 3 (OPA No. 3), implementing the Secondary Plan, was adopted. As a result of an Ontario Municipal Board (OMB) hearing in April 2002, the amendment was modified. Subsequent to the Board decision, corresponding revisions were made to the Secondary Plan in May 2002.

The City of Burlington’s Official Plan designates the subject property, ‘Residential-Low Density’ and ‘Business Corridor’, south and north of Palladium Way, respectively. The proposed subdivision will be developed in conformity with the respective land use designations.

of Report PB-37-13

Alton Community Form Alton is approximately 412 hectares in size and has been under construction since 2005. The residential lands are nearly built-out in the central area between Walkers Line and Appleby Line. This former ORC parcel represents the last remaining interior section requiring Alton zoning to enable development to proceed. When the Alton community is completed, it will contain over 3,500 dwelling units and 40 plus hectares of employment land. Employment interest is in the early stages on Palladium Way and good progress can now be seen. Alton is planned as a mixed-use community with lands designated for a range of uses: low, medium and high-density residential housing types; some commercial uses; schools and parks; and open-space lands. Development in Alton consists of a street network based on a grid pattern that provides good connections between neighbourhoods, open space and transit. Thomas Alton Boulevard and Palladium Way are the two main collector roads and serve as transit routes (future consideration- Palladium).The community developed with a strong focus on urban design with attractive streetscapes. The community contains three parks. Palladium, Doug Wright and Norton. The neighbourhood parks provide a mix of active and passive recreation facilities generally oriented to the surrounding neighbourhoods. The Norton community park contains active recreation for the Alton community and city. The Alton community will contain three schools: two elementary schools (one public school and one separate school) adjacent to the neighbourhood parks. There is also a public high school along with a community centre that will soon open across from Norton park. Urban Design Guidelines – Alton Central East Community On March 22, 2004, Council approved the Urban Design Study and Guidelines for the Alton-Central East Planning Area. The intent of the Design Guidelines document is to support the urban form objectives for this community.

This vision for Alton subdivision design approvals include:

• block patterns that are pedestrian scaled, accommodate way finding and promote ease of orientation;

• a variety of housing forms and styles, and the de-emphasis of the

garage within the street zone;

• a coordinated and consistent approach to the design of public areas, community features and community markers (neighbourhood nodes and entranceway features);

of Report PB-37-13

• a street zone that is pedestrian scaled and provides a safe and

comfortable environment for community life; and,

• a street network and block pattern that provides multiple connections between neighbourhoods, to open space, to amenity areas and transit nodes.”

Prior to building permit issuance for all detached dwellings, a letter must be submitted from an architect or other qualified design professional, certifying that all of the relevant provisions of the Guidelines have been complied with. Subdivision Design

The overall subdivision design adjacent to the subject lands was approved by Council on September 26, 2005 (Multinational, File 510-02/05). The Multinational subdivision was registered in phases and the phase which includes Marble Gate, Pottery Drive and Ray Lane was registered as plan 20M-1079 on October 29, 2010. Each Alton plan of subdivision was evaluated to ensure that roads and lotting patterns would be integrated with future assembly and connections on the abutting lands. The residential lotting pattern in the proposed draft plan has been designed to integrate with, and complete, the Multinational subdivision. The employment block located in the plan of subdivision on the north side of Palladium Way will remain a block until a future purchaser(s) comes forward. At that time, land needs will be assessed and a potential consent application may be required to subdivide into smaller parcels. Transit Corridor

The Parkway Belt West Plan “Utility” designation applies to the south side of Highway No. 407 representing a longstanding Provincial Plan for transportation infrastructure in the corridor located on the south side of the highway. The 1978 Plan identifies as part of its Implementing Actions, that this right-of-way is to be acquired for inter-regional transit. This is the location of the City’s preferred transitway location. A segment of this 30 m wide strip is now located on the north side of the employment land and was secured by the Province through the use of Crown Right prior to the land sale to Argo Palladium Corporation.

Proposed Zoning Regulations The proposed residential zoning regulations rezone the land south of Palladium Way from ‘D’, development to RAL1 which is the same zoning that was approved by City Council in September 2005 for the adjacent Multinational residential subdivision. The RAL1 zone permits detached dwellings on lots with a minimum width of 11 m and area of 272 m2.

of Report PB-37-13

‘Business Corridor’ zoning is proposed for the north side of Palladium Way and connecting the BC1-319 between Walkers Line and Appleby Line. This zone requires buildings to be closer to the street than permitted in standard BC1 zoning. This zone also implements the design objectives of the Alton Urban Design Guidelines.

Financial Matters: In accordance with the Development Application Fee Schedule, all application fees have been paid and variable fees will be paid following draft plan approval.

Environmental Matters: The property lies within the West Sheldon Creek watershed however, it is not regulated by Conservation Halton. Therefore, stormwater management is addressed through the the ‘Functional Design Services Coordination Study, Central Alton Landowners Group’, revised July 2005 and the previously approved detailed design briefs for the West Sheldon Creek stormwater management facility. Prior to registration, an updated Phase I Environmental Site Assessment (ESA) and a Record of Site Condition are required to the satisfaction of the Region of Halton. These documents verify that there are currently no contamination concerns on the subject lands.

Communication Matters: Technical Agencies All internal departments and external agencies that responded to the circulation indicated no objection to the applications. Staff has incorporated the conditions requested to be imposed into the recommended conditions of approval contained in Appendix II. Public Comments There were no public comments received as a result of the public circulation of the proposed applications. CONCLUSION: The proposed applications conform to the policies of the Alton Secondary Plan and the Official Plan. The subdivision design and the recommended zoning regulations will allow for the completion of the adjacent residential neighbourhood as well as prepare the

of Report PB-37-13

employment land for development opportunities. Staff recommends approval of the applications, subject to the conditions of the report recommendations. Respectfully submitted, Mike Greenlee, MCIP, RPP Senior Planner Ext. 7860

Approvals: *required

*Department

City Treasurer General Manager City Manager

To be completed by the Clerks Department Committee Disposition & Comments

01-Approved 02-Not Approved 03-Amended 04-Referred 06-Received & Filed 07-Withdrawn

Council Disposition & Comments

01-Approved 02-Not Approved 03-Amended 04-Referred 06-Received & Filed 07-Withdrawn

Appendices: A. Appendix I – Zoning By-law 2020.333 B. Appendix II – Conditions of Draft Plan Approval

Notifications: (after Council decision)

Name Mailing or E-mail Address

Ron Young, Young Project Mgmt

4255 Kane Crescent, Burlington, Ontario, L7M5C2

of Report PB-37-13

of Report PB-37-13

APPENDIX I

BY-LAW NUMBER 2020.333, SCHEDULE ‘A’ AND EXPLANATORY NOTE

THE CORPORATION OF THE CITY OF BURLINGTON

BY-LAW NUMBER 2020.333

A By-law to amend By-law 2020, as amended; (Argo Palladium Corporation): Alton Community

File No.: 520-01/08

1. Zoning Map Number 25-E of PART 15 to By-law 2020, as amended, are hereby amended as shown on Schedule “A” attached to this By-law.

2. The lands designated as “A” on Schedule “A” attached hereto are hereby rezoned from D to BC1-319

3. The lands designated as “B” on Schedule “A” attached hereto are hereby rezoned

from D to RAL1. 4. Except as amended herein, all other provisions of this By-law, as amended, shall

apply. 5 a) When no notice of appeal is filed pursuant to the provisions of the Planning Act,

R.S.O. 1990, c.P.13, as amended, this By-law shall be deemed to have come

into force on the day it was passed

5 b) If one or more appeals are filed pursuant to the provisions of the Planning Act, as

amended, this By-law does not come into force until all appeals have been finally

disposed of, and except for such parts as are repealed or amended in

accordance with an order of the Ontario Municipal Board this By-law shall be

deemed to have come into force on the day it was passed.

ENACTED AND PASSED this ……..day of ………………… 2013.

MAYOR CITY CLERK

of Report PB-37-13

EXPLANATION OF PURPOSE AND EFFECT OF BY-LAW 2020.333

By-law 2020.333 rezones land at 4601 Dundas Street, in the Alton Community, to permit the completion of an existing residential plan of subdivision containing 18 detached lots, 11 residential part lots and employment use development on the north side of Palladium Way. For further information regarding By-law 2020.333, please contact Mike Greenlee, Senior Planner of the City of Burlington Planning Department at (905) 335-7600, extension 7860.

of Report PB-37-13

of Report PB-37-13

APPENDIX II

CONDITIONS OF DRAFT PLAN APPROVAL

And that draft plan approval shall be subject to the following conditions:

1. This approval applies to the draft plan certified by Tom Salb, O.L.S. dated, October 17, 2012, comprising of 18 detached dwelling lots, 11 residential part lots and employment block.

2. Sign the City’s Standard Subdivision Agreement and any other necessary agreement(s) in effect on the date of signing thereof, within three years of the date of Council approval; and acknowledge the implications of the standard conditions contained in the City’s Standard Subdivision Agreement, failing which, Council’s approval shall lapse.

3. The owner shall complete the following to the satisfaction of the Director of Engineering:

a) Dedicate to the City free of charge the following:

i. Any easements over the subject property required for services and/or utilities.

ii. Blocks of land or easements necessary to accommodate overland flow swales.

iii. A 15 -metre right of way for Ray Lane where adjacent to Palladium Way.

iv. A 17-metre right of way for Ray Lane for the portion not adjacent to Palladium Way, Pottery Drive and Marble Gate.

v. 3 -metre by 3 -metre daylight triangles at all local street and local to collector street intersections.

vi. 3 -metre by 3 -metre daylight triangles on the inside corner at bends on all streets where required.

b) Prepare and deposit all reference plans required for the foregoing dedications and a reference plan showing the boundaries of the property to UTM, NAD 83 Datum. Provide the City an electronic copy of the plan in Autocad 14 with all points and line work on separate layers.

c) Submit a copy of the updated parcel register when survey plans are submitted for the preparation of the subdivision agreement.

of Report PB-37-13

d) Provide parkland or cash-in-lieu of parkland in accordance with the City’s Parkland Dedication Policy and by-law and Master Parkland agreement, to the satisfaction of the City’s Supervisor of Real Estate.

e) Prior to the amending zoning by-law, approval of any engineering drawings and the lifting of the existing 0.3 metre reserves along either side of Palladium Way, the applicant shall enter into the Alton Central Master Cost Sharing Agreement, and include among other things an agreement to construct roads, infrastructure, storm water management facilities and external servicing, as well as provision for cost-sharing and construction.

f) Agree to provide a letter confirming the proposed development conforms to the Central Alton Community Functional Design Services Coordination Study prepared by Sernas Associates.

g) Submit a phasing plan for approval prior to any servicing, indicating the sequence of development, the land area in hectares, the number of lots and blocks for each phase, and the proposed use of all blocks including the proposed number of units. The phasing plan will incorporate an Agreement (to the satisfaction of the Director of Engineering) that must indicate the timing and sequence of development for the remaining lands and include securities to guarantee the implementation of the plan.

h) Ensure that construction access of all phases of subdivision servicing and house construction is to the satisfaction of the Director of Engineering and agree to pay for any required signage, barricades or other measures needed to achieve this.

i) Agree that development shall only commence in accordance with a functional design services co-ordination study, master cost sharing agreement, master parkland dedication agreement and master utilities plan to the satisfaction of the City of Burlington.

j) Agree as part of any initial phase of development, to construct or complete if portions have already been constructed by others, Palladium Way across the limits of the development, including underground hydro and decorative streetlighting, and to make appropriate cost sharing arrangements with the other Central Alton Landowners for both construction costs and land acquisition costs for this portion of Palladium Way.

k) Agree to construct concrete sidewalks on both sides of all local streets throughout the development except on window streets.

of Report PB-37-13

l) Agree to pay a share of the cost along with the other Central Alton landowners of a review of Right-Of-Way lighting standards to be used in Alton, the purpose of which was to develop standards that address issues of light pollution and energy efficiency and to implement the recommendations of the study.

m) Prepare for approval a geotechnical study with recommendations for service and road construction as well as house construction including details for house construction on fill lots and implement the recommendations of the approved study.

n) Prepare a postal service report and implement all necessary recommended facilities. All proposed facilities are to be shown on the engineering drawings.

o) Submit for approval, a revised detailed noise report that addresses the impact of noise and/or vibration generated from Highway 407, proposed land uses along Palladium Way, together with any other noise sources.

p) Implement the recommended noise and vibration controls in the approved report at no cost to the City. Provide any necessary warning clauses in all offers of purchase and sale for the appropriate lots and blocks. All affected lots shall be deemed unsuitable for building until the above has been satisfied. Make any changes to the draft plan to accommodate the approved recommendations. Provide necessary securities to ensure completion of all recommended noise mitigation features.

q) Agree to implement the recommendations of the approved revised/updated Servicing Report and agree to make any revisions to the draft plan necessary to implement the approved recommendations.

r) Agree to complete the servicing design for Block 30 to facilitate

development, including site grading and all necessary storm drainage facilities both internal and external to the site as part of the initial engineering submission. Further, agree to complete all earthworks prior to subdivision assumption and to provide $250,000 in related securities at the time of registration.

s) Design, locate and erect signs prior to the sale of any lots and prior to commencement of subdivision construction which provide notification of: the proposed land uses, road pattern, lotting, phasing of the proposed subdivision, the properties abutting the development, location of postal facilities, transit route locations and lots subject to warning clauses. The

of Report PB-37-13

signs shall be resistant to weathering and vandalism. All lots and blocks shall be deemed unsuitable for building until the above has been satisfied.

t) Submit overall parking plans for each street indicating proposed driveway locations and on-street parking spaces, in order to ensure that sufficient area is provided for on-street visitor parking at the rate of 0.5 spaces per unit.

u) Submit tree preservation plans in conjunction with the engineering lot grading and streetscape plans, and make satisfactory provisions for the preservation of any existing trees where feasible.

v) Prior to commencement of any excavation, install barriers around all trees to be preserved, to be maintained during all phases of servicing and development and ensure that trees designated for preservation are not removed or damaged.

w) Agree that any trees identified for preservation that are removed or damaged as a result of construction activity shall be replaced with an equivalent value of tree planting.

x) The owner acknowledges and agrees to prepare an overall utility distribution plan addressing the location (shared or otherwise), timing and phasing of all required utilities (on-grade, below-grade or above-grade), including gas, electrical, telecommunications, water, wastewater and stormwater services. Such overall utility distribution plan shall be to the satisfaction of all utility providers and shall be approved by the City prior to construction of any of the required utilities.

y) Agree to pay for storm sewer video inspection as per the current City Standard.

z) Agree to implement the recommendations of the approved Traffic Report and agree to make any revisions to the draft plan necessary to implement the approved recommendations.

aa) Prepare and implement the siltation and erosion control plan in order to control siltation and erosion during servicing and building construction.

bb) Prepare a Functional Drainage Report for the development and agree to implement the recommendations of this report, including any revisions of the plan that may be necessary to accommodate the proposed works.

of Report PB-37-13

cc) Implement the recommendations of the Sheldon Creek Subwatershed Impact Study.

dd) Pay for the cost of lifting existing 0.3 metre reserves as may be required.

ee) The owner shall acknowledge that the suitability of the land for the proposed use is a responsibility of the landowner, and that prior to the registration of the plan, the owner shall have an Environmental Site Assessment undertaken by a qualified professional engineer to ensure that the land is suitable for the proposed use. If in the opinion of the professional engineer, the Environmental Site Assessment indicates the land may not be suitable for the proposed uses, the engineer must so advise the Ministry of the Environment and the City of Burlington. The owner undertakes to do further investigative studies and to do all work required to make the lands suitable for the proposed use. The owner shall also agree to make available for inspection to all prospective purchasers copies of the completed Environmental Site Assessment and Record of Site Condition, if applicable.

ff) Agree to include the following clauses in the Subdivision Agreement and in all offers of purchase and sale and reservation agreements:

i. All Lots and Blocks

ii. “Purchasers are advised that due to the limited on-street parking, the Corporation of the City of Burlington will not issue driveway curb cut widening permits.”

iii. “Purchasers are advised that the City of Burlington Zoning By-law standards for the Alton Community require a minimum of two parking spaces to be provided per dwelling unit, one of which may be provided in the garage. Furthermore, the City of Burlington Parking By-law limits on-street parking to three hours.”

iv. “Purchasers are advised that there may be above-ground utility facilities such as hydrants, hydro transformers and telecommunication service pedestals located in front of their properties within the City’s road allowance or on easements.”

v. “Purchasers are advised that a drainage swale exists across the rear of the property and that the drainage swale area as indicated on the approved engineering drawings is not to be altered or blocked in any way nor are any structures, sheds etc. (fencing excepted) to be erected within the drainage swale area without the prior approval of the City of Burlington.”

of Report PB-37-13

vi. “Purchasers are advised that a 1.5 metre wide concrete sidewalk will be located 0.5 metres from the property line across the front of the unit which will limit the available parking space between the garage and the sidewalk to one car length.”

gg) Agree that either all buildings are to be provided with sump pumps, or provide hydraulic grade line calculations (and show on the plan and profile drawings) for the minor drainage system, indicating basement flooding is precluded during a 1 in 100 year storm event.

hh) Agree to provide all new home purchasers in the subdivision with an information brochure containing information on the ecological value and function of the natural areas within the community to be preserved and appropriate stewardship behaviour such as domestic pet control, no debris/garbage dumping, no vegetation removal and no pedestrian access except at specified trail locations.

ii) Prior to registration of the plan, the owner agrees to inform the City which telecommunications and electrical utilities will be installing what services in the subdivision. Once identified, these telecommunications and electrical utilities shall confirm in writing with the City that their requirements have been satisfied.

jj) Complete the following to the satisfaction of the Director of Engineering of the City of Burlington and Burlington Hydro Incorporated:

i. “Agree to satisfy all of the conditions and requirements, financial or otherwise, of Burlington Hydro Incorporated and provide the Director of Engineering with a clearance letter from Burlington Hydro Incorporated when its requirements have been met.”

kk) Agree to install temporary street name and stop signs on streets throughout the development prior to building permits being issued and maintain the signs until such time as the City has installed the permanent signs.

ll) Provide 1.2-metre high decorative metal fencing and special landscape treatment along the common boundary line of Palladium Way and Ray Lane in accordance with the City’s Urban Design Guidelines.

mm) Provide 1.8 -metre high black vinyl coated chain link fencing along the north boundary of the development where abutting the Highway 407 utility /transit corridor or other appropriate fencing/property demarcation as required by the Ministry of Transportation.

of Report PB-37-13

nn) Agree to include in all offers of Purchase and Sale or Lease for all lots /blocks adjacent to Palladium Way the following clause:

i. “Purchasers are advised that Palladium Way may be used as a future public transit route and that bus stops and passenger shelters may be located adjacent to any property along this route,”

oo) Indicate on all engineering drawings that Palladium Way may be used as a future public transit route.

pp) Agree that Blocks 19, 20, 21, 22, 23, 24, 25,26,27,28 and 29 will be deemed unsuitable for building until such time as they have been assembled with adjacent lands.

qq) Agree to make any excess parcel(s) that are unsuitable for development available for assembly with the adjacent developments.

rr) Agree to the following:

i. Permit the following telecommunication providers to locate their plant in a common utility trench within any future public highway of the Plan provided they have entered into, or are in the process of entering into, a Municipal Access Agreement with the City (“Telecommunications Providers”):

a. all “Canadian carrier” telecommunications service providers (as defined in subsection 2(1) of the telecommunications act)

b. a “distribution undertaking” (as defined in subsection 2(1) of the Broadcasting Act)

ii. Within 10 business days of receiving a list of Telecommunications Providers from the City, the Developer shall notify all Telecommunications Providers of the Plan and request to be notified within 10 business days as to whether they intend to locate their plant within any future public highway of the Plan.

iii. The Developer shall make satisfactory arrangements (financial and otherwise) with the City, Telecommunications Providers and other utilities for the installation of each facility in a common utility trench within future public highways prior to commencing any work within any future public highway of the approved draft plan of subdivision.

of Report PB-37-13

iv. The Developer shall not limit the ability of any Telecommunications Provider to install its plant in a timely and efficient manner.

v. Where works have commenced on Plans that have not been granted final approval as of September 24, 2001, the City and the Developer shall work with any Telecommunications Providers excluded from the development to allow for expeditious installation of the Telecommunications Providers’ plant in a reasonable manner and location, as approved by the City.

vi. The Developer shall install, at its own expense, 100mm diameter ducts at all road crossings for the use of Telecommunications Providers. The exact location and detailed specifications for these ducts shall be shown on the approved drawings.

vii. The Developer acknowledges and agrees the City may refuse to accept or assume any or all streets within the Plan until the provisions of this section have been complied with.

ss) Prior to registration and during the detailed design stage, agree to implement the recommendations of the approved revised/updated (per City comments) Central Alton Community Functional Design Services Coordination Study and agree to make any revisions to the draft plan necessary to implement the approved recommendations.

tt) Agree to provide a cash deposit to be used by the City for contracted or in-house expenses for dealing with non-compliance with City requirements for control of mud, dust and debris on roads and further agree that inspection staff time for invoicing on work undertaken will be charged at double the normal rate.

uu) Agree to hire a contractor on retainer to deal with after hour problems related to unsafe situations in active subdivisions and provide the City with the contractor’s 24 hours/7 days a week emergency contact phone number.

vv) Agree to install “Illegal Dumping Prohibited” signs at all blocks intended for future development.

ww) Agree to regrade and seed within 7 days, and cut weeds and remove debris within 48 hours, of a request by the City on any undeveloped lots or blocks as may be required.

xx) Agree to provide a cash deposit to be used by the City for contracted or in-house expenses for dealing with City requirements for control of grading

of Report PB-37-13

issues, weed control and debris removal, and further agree that inspection staff time for invoicing on work undertaken will be charged at double the normal rate.

yy) Agree to grade, place topsoil and seed any lot or block within 7 days of initial grading or topsoil stripping and which is not intended for development within 45 days. This requirement may vary depending on the season of the activity. The City will exercise discretion in applying the seeding requirement. In addition, temporary perimeter post and wire fencing is to be installed for any school or park block.

zz) Agree to provide an overall phasing schedule identifying proposed house construction, (start dates/occupation dates) tentative grading, sodding and tree planting schedules in accordance with the City’s grading and sodding policy and schedule.

aaa) Agree that sidewalk installation, lot and boulevard grading/sodding will be completed within 9 months of occupation and agree that at the time of sidewalk installation, the boulevard is to be rough graded to the level of the sidewalk should the boulevard sodding be delayed. Additionally, the owner agrees to complete the boulevard tree planting and associated landscaping within 18 months of adjacent home occupation.

bbb) Agree to pay for and provide securities in the amount of $15,000.00 for any future traffic calming facilities on Palladium Way, should they be identified as necessary at the time of full build out of the employment lands (north of Palladium Way).

ccc) Agree to construct the traffic calming facilities in the development in accordance with report TT14/06 dealing with Alton traffic calming measures.

4. Complete the following to the satisfaction of the Director of Engineering of the

City of Burlington and Burlington Hydro Incorporated: a) agree to satisfy all of the conditions and requirements, financial or

otherwise, of Burlington Hydro Incorporated; b) sign Burlington Hydro Incorporated’s subdivision agreement and any other

agreements required by Burlington Hydro Incorporated; and, b) provide the Director of Engineering with a clearance letter from Burlington

Hydro Incorporated when its requirements have been met.

of Report PB-37-13

5. The Owner shall complete the following to the satisfaction of the Director of Building and the City Solicitor of the City of Burlington:

a) include the following clauses in a registered portion of the subdivision

agreement, and that the owner ensure that warning clauses to this effect are included on all offers of purchase and sale and reservation agreements for all lots:

i) “Notwithstanding the side yard setback requirements in the City

of Burlington Zoning By-law 2020, and any amendments thereto, ensure that a minimum limiting distance of 1.2 m is maintained in order to address any unprotected openings, as per subsection 9.10.14 (spatial separation between buildings) of the Ontario Building Code, 1997.”

ii) “Where a common element condominium is proposed, a

common element condominium plan shall be submitted to the Chief Building Official prior to granting site plan approval. A proposed building location will be required as well.”

6. The Owner shall complete the following to the satisfaction of the Director of

Planning of the City of Burlington:

a) provide with the final plan a list of lot and block widths and areas prepared by an Ontario Land Surveyor, to ensure all blocks conform to Zoning by-law 2020, as amended;

b) prior to final approval, pay the City’s per unit registration processing fee; c) prior to the servicing of the plan, provide proposed street names for all

streets in the plan; and, d) at the site plan stage for non-residential buildings, or prior to building

permit issuance for detached dwellings, for all lots and blocks, implement the Alton Central East Community Urban Design Study, and submit a letter from an architect or other qualified design professional, certifying that all of the relevant provisions of the Alton Central East Community Urban Design Study and Guidelines, have been complied with on the plans.

7. Complete the following to the satisfaction of the Director of Planning and Director

of Engineering of the City of Burlington:

a) agree to display a copy of the approved draft plan and draft plan conditions, and all existing approved Alton subdivision plans in the sales office for the information of purchasers;

of Report PB-37-13

b) agree to provide copies of the draft plan conditions for the review of purchasers, if requested;

c) agree to display copies of the signed engineering drawings (specifically,

the utility coordinatiopn drawings) in the sales office when they become available, for the information of purchasers; and,

d) agree to make available to all purchasers a copy of the City of Burlington

"Information Sheet for New Home Buyers”.

8. Complete the following to the satisfaction of the Director of Finance:

a) prior to registration, pay all outstanding property taxes.

9. Complete the following to the satisfaction of the Region of Halton:

a) the Owner agrees to enter into a Subdivision Agreement(s), to satisfy all requirements, financial or otherwise, of the Local Municipality and the Region of Halton, including but not limited to, the phasing of the plan for registration, the provision of roads, watermains, wastewater mains, stormwater facilities and utilities;

b) the Owner agrees that Regional development charges are payable in

accordance with the applicable Regional Development Charge By-law and are required at the following stages: Subdivision Agreement Stage: Water and Wastewater (including any blocks intended for future development at the maximum density permitted under the applicable zoning by-law); and at Building Permit Issuance: All remaining Region-Wide Development Charges in effect on the date of issuance. Note: Any building permits which are additional to the maximum unit yield which is specified by the Subdivision Agreement are subject to all Regional Development Charges (including water and wastewater not collected at the subdivision agreement stage) prior to the issuance of the building permit, at the rate in effect on the date of issuance. It should be noted that a development charge agreement may be required to collect Regional development charges in advance of these two stages;

c) fees are required to be paid to the Region of Halton and the City of

Burlington for each extension to draft approval and for major revisions to the draft plan or conditions;

d) the Owner shall carry out a heritage resource assessment (archaeological

survey) of the subject property and, if recommended, mitigate/salvage/excavate any significant heritage resources to the satisfaction of the Regulatory Operations Unit of the Ministry of Culture. No grading or other soil disturbance shall take place on the subject property prior to the Region of Halton receiving a letter of release from the

of Report PB-37-13

Regulatory Operations Unit of the Ministry of Culture indicating that all heritage concerns have been satisfied;

e) All works which are the responsibility of the Owner to complete shall be supervised during construction by a licensed Professional Engineer of the Province of Ontario with all professional engineering fees paid by the Owner. The Owner’s engineer must provide competent full time inspection staff on site during construction activities to obtain the required “as constructed” field information, and to ensure compliance with the approved drawings and the Region’s Current Construction and Design Standards.

f) Upon draft approval Regional services within the plan of subdivision may

be installed, provided that the engineering drawings have been approved by the Region and City of Burlington, the Regional subdivision agreement has been executed, appropriate financial security has been posted, all relevant fees have been paid to the satisfaction of the Region, and all requisite government approvals have been obtained and notices given to all public utilities.

i) If Regional services are installed prior to subdivision registration, the

Owner agrees to either; (i) provide the Region "as constructed" drawings of those services, certified by a professional engineer before registration takes place; or (ii) post security equal to or greater than 50% of the cost of all Regional works.

g) that the Owner acknowledges, in writing, that registration of all or part of

this plan of subdivision may not take place until notified by the Region of Halton Development Co-ordinator that sufficient water capacity exists to accommodate this development;

h) the Owner acknowledges, in writing, that registration of all or part of this

plan of subdivision may not take place until notified by the Region of Halton Development Co-ordinator that sufficient Wastewater Plant capacity exists to accommodate this development;

i) the Owner acknowledges, in writing, that registration of all or part of this

plan of subdivision may not take place until notified by the Region of Halton Development Co-ordinator that sufficient storage and pumping facilities and associated infrastructure relating to both water and wastewater are in place;

j) the Owner acknowledges and agrees that there may not be sufficient

water or wastewater plant capacity; storage or pumping facilities and associated infrastructure to accommodate this development and that additional capacity may not become available within the term of this draft approval. The Owner acknowledges and agrees that granting of draft plan

of Report PB-37-13

approval does not imply a guarantee by the Region to service this development within the term of draft approval. The Region of Halton Development Coordinator will advise the Owner in writing at the time of first submission for engineering design approval of the availability of capacity of Regional services and the capacity available for the Owner's development. The registration of all or part of this plan shall not take place until the Region of Halton Development Co-ordinator has confirmed that capacity exists to accommodate this development;

k) the Owner agrees to conduct a survey of the static water level and quality

of all wells within 500 metres of the plan. The Owner further agrees to resolve any claims of well interruption due to the construction of municipal services to the satisfaction of Region of Halton Development Co-ordinator;

l) the Owner shall provide the subdivision with a looped water system to

help ensure a safe, secure and reliable water supply. This can be accomplished with two or more feeds from the Region's water supply. Should the connection points not be readily available adjacent to the site then the Owner will be required to extend watermains to the site at their own cost for this purpose.

m) prior to registration, an updated Phase I Environmental Site Assessment

(ESA) shall be submitted to the satisfaction of the Region of Halton. 10. Complete the following to the satisfaction of the Halton District School Board:

a) that the Owner agrees to place the following notification in all offers of purchase and sale for all lots/units and in the City’s subdivision agreement, to be registered on title:

i) prospective purchasers are advised that the schools on sites

designated for the Halton District School Board in the community are not guaranteed. Attendance at schools in the area yet to be constructed is also not guaranteed. Pupils may be accommodated in temporary facilities and/or be directed to schools outside of the area;

ii) prospective purchasers are advised that school buses will not enter

cul-de-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;

b) in cases where offers of purchase and sale have already been executed,

the owner send a letter to all purchasers which includes the above statements;

of Report PB-37-13

c) that the owner shall supply, erect and maintain signs advising prospective purchasers that the school sites are not guaranteed and that pupils may be directed to schools outside of the area. Specific wording is to be provided by the Halton District School Board;

d) that the owner submits a copy of the utility coordination plan, showing the

sidewalk locations, approved by the City of Burlington, be submitted prior to final approval to the Halton District School Board.

e) That the Owner provides the Halton District School Board a geo-

referenced AotoCAD file of the draft M-Plan once all Lot and Block numbering configuration has been finalized. Should any changes occur after the initial submission to the Lot and Block configuration has been finalized. Should any changes occur after the initial submission to the Lot and Block configuration or numbering on the draft M-Plan the Owner shall provide a new AutoCAD file and a memo outlining the changes.

11. Complete the following to the satisfaction of the Halton Catholic District School

Board:

a) that the Owner agree that a clause will be inserted into the Subdivision Agreement and all offers or purchase and sale for residential lots and units, stating 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,

b) that the Owner agree 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; and

c) the Owner agrees in the subdivision agreement to insert a restrictive

covenant for every Transfer/deed of land of lots adjoining sites intended for use or actually used for Catholic schools prohibiting the installation or use for any purposes of a gate in any boundary line fence on such school property.

of Report PB-37-13

12. The Owner shall agree to the following to be satisfaction of the Director of

Engineering of the City of Burlington and Canada Post:

a) include on all offers of purchase and sale, a statement which advises the prospective purchaser:

i) the home/business mail delivery will be from a designated

Centralized Mail Box; and, ii) that the developers/owners be responsible for officially notifying the

purchasers of the exact Centralized Mail Box locations prior to the closing of any home sales.

b) the Owner further agrees to:

i) work with Canada Post to determine and provide temporary

suitable Centralized Mail Box locations which may be utilized by Canada Post until the curbs and sidewalks are in place in the remainder of the subdivision;

ii) determine the location of all centralized mail receiving facilities in

co-operation with Canada Post Corporation and to indicate the location of the centralized mail facilities on appropriate maps and plans. Maps are also to be prominently displayed in the sales office showing specific Mail Box site locations; and,

iii) the multi-unit policy, which requires that the owner/developer

provide the centralized mail facility at their own expense, will be in effect for buildings and complexes with a common lobby, common indoor or sheltered space.

13. The Owner shall complete the following to the satisfaction of the Ministry of

Transportation and the Director of Engineering of the City of Burlington:

a) that prior to final approval, the owner shall submit to the Ministry of Transportation for their review and approval, a detailed storm water management report, with grading and drainage plans indicating the intended treatment of the calculated runoff for the 5, 10, 25, 50 and 100 year storms, and the resulting impacts on the Highway 407 Right-of-way. All proposed post-development site generated runoff affecting the Highway 407 Right-of-way must be maintained to pre-development levels.

b) that prior to final approval, the owner shall submit to the Ministry of Transportation for their review and approval, a detailed Traffic Impact Study by a RAQS approved consultant, addressing the anticipated traffic

of Report PB-37-13

volumes and their impacts on the Highway 407 and Appleby Line interchange.

c) the owner must also be advised that Ministry building/land-use permits for all buildings within 46 metres (150 feet) of the Highway 407 property line, will be required prior to any grading and construction on this site. Sign permits will be required as well. All applicable MTO permit applications may be obtained from our office located on the 7th Floor, Building "D, 1201 Wilson Avenue, Downsview, Ontario, and also available on our website athttp://www.mto.gov.on.ca/english/engineering/management/corridor/index.html

14. Prior to signing the final plan, the Director of Planning shall be advised by the

City of Burlington Clerk’s Department that Conditions 1 to 8 have been carried out to their satisfaction with a brief but complete statement detailing how each condition has been satisfied.

15. Prior to signing the final plan, the Director of Planning shall be advised by

Burlington Hydro that Condition 4 has been carried out to their satisfaction with a brief but complete statement detailing how the condition has been satisfied.


Regional Municipality of Halton Region that Condition 9 has been carried out to their satisfaction with a brief but complete statement detailing how the condition has been satisfied.


Halton District School Board that Conditions 10 has been carried out to their satisfaction with a brief but complete statement detailing how each condition has been satisfied.


Halton Catholic District School Board that Condition 11 has been carried out to their satisfaction with a brief but complete statement detailing how the condition has been satisfied.

19. Prior to signing the final plan, the Director of Planning shall be advised by

Canada Post Corporation that Condition 12 has been carried out to their satisfaction with a brief but complete statement detailing how the condition has been satisfied.


Ministry of Transportation that Condition 13 has been carried out to their satisfaction with a brief but complete statement detailing how the condition has been satisfied.

http://www.mto.gov.on.ca/english/engineering/management/corridor/index.html�

http://www.mto.gov.on.ca/english/engineering/management/corridor/index.html�

of Report PB-37-13

21. All of the above conditions shall be satisfied within 3 years of the granting of draft

approval, being , 2013. NOTES: a) The Owner is advised that additional fees are required by the City of Burlington

and the Region of Halton for each Extension to Draft Approval and for Major Revisions to the draft plan of conditions.

b) The Owner is advised that for any subdivision applications registered after

January 1, 2006, an additional processing fee of $870.00 per residential dwelling unit (2013 fee) is payable to the City of Burlington prior to plan registration.

c) The Owner, its successors and assigns, is hereby notified that City-wide

Development Charges may be payable in accordance with By-law No. 72-2004, as may be amended, upon issuance of a building permit at the rate in effect on the date issued. For further information, the owner is advised to contact the City Burlington Building and Planning Department at 905-335-7731.

d) Regional Development Charges and Surcharges are payable in accordance with the applicable Regional Development Charges by-law and are required at the following stages:

Subdivision Agreement: Water, wastewater and surcharges (including blocks

intended for future development at the maximum density permitted under the applicable zoning by-law).

Building Permit Issuance: All remaining Region-wide Development Charges in

effect at the date of issue.

Note: Any building permits which are additional to the maximum unit yield which is specified by the Subdivision Agreement are subject to all Regional Development Charges (including water, wastewater and surcharges not collected at subdivision agreement) prior to the issuance of the building permit, at the rate in effect at the date of issue. It should be noted that a development charge agreement may be required to collect Regional development charges in advance of these two stages.

e) Educational Development Charges are payable in accordance with the applicable

Education Development Charge by-law and are required at the issuance of a building permit. Any building permits which are additional to the maximum unit yield, which is specified by the Subdivision Agreement, are subject to Education Development Charges prior to the issuance of a building permit, at the rate in effect at the date of issuance.

of Report PB-37-13

f) The transmission lines abutting this subdivision operate at 500,00, 230,000, or 115, 000 volts. Section 186 – Proximity-of the regulations for Construction Projects in the Occupational Health and Safety Act, require that no object be brought closer than 6 metres to an energized 500 kV conductor. The distance for 230 kV conductors is 4.5 metres, and for 115 kV conductors, it is 3 metres. It is the proponent’s responsibility to be aware, and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Act. They should also be aware that the conductors can raise and lower without warning, depending on the electrical demand placed on the line.

g) At any time prior to final approval of the plan for registration, the City or Region

may amend, delete or add to the conditions and this may include the need for amended or new studies in accordance with Section 51 (18) of the Planning Act, 1990.

Recommendation 1 - Burlington · File: 520-01-08 . Purpose: Address goal or action in strategic...

Documents

Transcript of Recommendation 1 - Burlington · File: 520-01-08 . Purpose: Address goal or action in strategic...