staff report for committee of the whole meeting · construction will complete northern heights...

Staff Report for Committee of the Whole Meeting Date of Meeting: February 21, 2017 Report Number: SRPRS.17.020

Department: Planning and Regulatory Services Division: Development Planning

Subject: Request for Approval – Related Draft Plans of Condominium – Great Land (Yonge 16th) Inc. – Town Files D05-16006 (19CDM(R)-16006) and D05-16007 (19CDM(R)-16007) (SRPRS.17.020)

Owner: Great Land (Yonge 16th) Inc. 25 Torbarrie Road Toronto, Ontario ML3 1G5

Agent: Same

Location: Legal Description: Part of Lots 4, 5, 6, 7 and 11, Plan 3806 Municipal Addresses: 9191, 9199, 9201 and 9205 Yonge Street

Purpose: A request for approval of two related draft Plans of Condominium concerning a mixed use high density residential/commercial development that is currently under construction on the subject lands.

Recommendations: a) That the proposed draft Plans of Condominium submitted by Great Land

(Yonge 16th) Inc. for lands known as Part of Lots 4, 5, 6, 7 and 11, Plan 3806(Municipal Address: 9191, 9199, 9201 and 9205 Yonge Street), Town Files D05-16006 (19CDM(R)-16006) and D05-16007 (19CDM(R)-16007), be draft approved,subject to the following conditions:

i) that draft approval be subject to the conditions as set out in Appendices“A” and “B” to SRPRS.17.020;

Agenda Item 6

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Town of Richmond Hill – Committee of the Whole Meeting Date of Meeting: February 21, 2017 Report Number: SRPRS.17.020

ii) that prior to draft approval being granted, the applicant pay the applicableprocessing fees in accordance with the Town’s Tariff of Fees By-lawNumber 95-16; and,

iii) that a by-law be enacted authorizing the Mayor and Clerk to execute theCondominium Agreement referred to in Appendices “A” and “B” toSRPRS.17.020;

Contact Person: Ferdi Toniolo, Planner II, phone number 905-771-2442 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

Location Map Below is a map displaying the property location of the subject lands. Should you require an alternative format, call the person listed under “Contact” above

"Signed version on file in the Office of the Clerk"

"Signed version on file in the Office of the Clerk"

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Background Information The subject draft Plans of Condominium applications were received on May 17, 2016 and deemed complete on the same date. The applications were subsequently circulated to Town departments and external agencies for revision and comment. Draft Plan of Condominium application D05-16006 relates to the residential component of the development as shown on Maps 4 to 15 of this report and draft Plan of Condominium application D05-16007 relates to the commercial component of the development as shown on Maps 16 and 17.

The purpose of this report is to seek Council’s approval of the applicant’s draft Plans of Condominium.

Summary Analysis Site Location and Adjacent Uses The subject lands are located on the east side of Yonge Street, south of 16 Avenue and have a lot area of 1.79 hectares or 4.4 acres (refer to Map 1). The lands abut a four storey commercial building to the north, the extension of Northern Heights Drive to the east and townhouses to the south. Northern Heights Drive, which now terminates at the subject lands, is currently under construction by Great Land within its landholdings. This construction will complete Northern Heights Drive between Yonge Street and Sixteenth Avenue.

Owner’s Request The owner of the subject lands is seeking approval of two related draft Plans of Condominium pursuant to Section 51 of the Planning Act, R.S.O., 1990, in order to permit the establishment of condominium tenure with respect to the high density mixed use residential/commercial development that is presently under construction on its land holdings (refer to Map 3). The project is comprised of two (2) distinct elements being the residential component and the commercial component of the development. The applicant is proposing that the two components enter into reciprocal cost sharing agreements for mechanical, electrical, utility, emergency services, site servicing, loading, driveways, garbage loading bays, landscaping, etc. In addition, easements will be required between the two (2) components for access, services, utilities, building maintenance and facilities, etc.

Zoning The subject lands are currently zoned “Residential Tenth Density (RM10) Zone” and “Park (P) Zone” pursuant to Zoning By-law No. 278-96, as amended, which was approved by the Ontario Municipal Board (OMB) on September 13, 2012. The by-law establishes the current zoning designation and specific development standards to facilitate the construction of the approved development currently under construction on the subject lands (refer to Maps 2 and 3).

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Development Proposal The approved development is comprised of two high density mixed use buildings, with ground level commercial uses and 919 apartment units, at-grade and three levels of underground parking (refer to Map 3). The following is summary of the approved Site Plan development statistics for the development:

Site Area: 1.79 hectares or 4.4 acres

Number of Units: 907 residential units, 12 live/work units, 1 community unit, 27commercial units

Total Building Floor Area: 69,940.0 square metres (742,852.5 square feet)

Number of Buildings: 2 Number of Towers: 4 Number of Storeys in Towers: 11 to 24 storeys

Parking: 1050 spaces

Visitor Parking: 142 spaces

Supporting Documentation/Reports The applicant has submitted the following documents to the Town in support of the proposed development:

Development Application Summary;

residential draft Plan of Condominium; and,

commercial draft Plan of Condominium

Planning Analysis Site Plan Approval A Site Plan Agreement for the applicant’s development proposal was executed on March 28, 2013 and registered at the Land Registry Office on April 16, 2013. Building Permits have been issued and the development is under construction at this time (refer to Map 3).

Required Condominium Agreement As required with all condominium approvals, the owner of the lands, if deemed necessary, may be required to enter into a standard Condominium Agreement(s) with the municipality. The agreement(s), if required, shall direct the applicant to agree that all of the Town’s conditions of approval, financial and otherwise, are to be satisfied. A condition reflecting the preceding will form part of the draft approval for the subject draft Plans of Condominium.

Financial/Staffing/Other Implications The recommendation does not have any financial, staffing or other implications.

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Relationship to Strategic Plan The proposed development would align with Goal One - Stronger Connections in Richmond Hill by strengthening connections to transit. The proposal would align with Goal Two - Better Choices in Richmond Hill by providing for a range of housing options for people, and providing for a mix of business opportunities and providing better quality options to achieve the community vision for the Town. The proposal would further align with Goal Four - Wise Management of Resources in Richmond Hill by creating opportunities for live/work balance within the community and by using land responsibly and utilizing existing infrastructures.

Conclusions The applicant is seeking Council’s approval of two draft Plans of Condominium related to mixed use high density residential/commercial development that is under construction on the subject lands. Staff is recommending that the applicant’s request be approved subject to the conditions set out in Appendices “A” and “B” to this report and the applicant paying the applicable processing fees in accordance with the Town’s Tariff of Fees By-law Number 95-16.

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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, Schedule of Draft Conditions 19T(R)-16006, Attached

Appendix B, Schedule of Draft Conditions 19T(R)-16007, Attached

Map 1, Aerial Photograph

Map 2, Existing Zoning

Map 3, Approved Site Plan

Map 4, Residential Component, Draft Plan of Condominium 19CDM(R)-16006,Sheet 1 of 12

Map 5, Draft Plan of Condominium 19CDM(R)-16006, Sheet 2 of 12











Map 16, Commercial Component, Draft Plan of Condominium 19CDM(R)-16007,Sheet 1 of 2

Map 17 Draft Plan of Condominium 19CDM(R)-16007, Sheet 2 of 2

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Appendix A Schedule of Conditions Standard Condominium

Draft Plan of Condominium Great Land (Yonge 16th) Inc.

Part of Lots 4, 5, 6, 7 And 11, Plan 4342 Town Of Richmond Hill Town File: D05-16006

19CDM(R)-16006

The Conditions Of The Council Of The Town Of Richmond Hill To Be Satisfied Prior To The Release For Registration Of Plan Of Condominium 19CDM(R)-16006, Town Of Richmond Hill, Are As Follows:

Town of Richmond Hill Planning and Regulatory Services (Development Planning Division) 1. Approval shall relate to a Draft Plan of Condominium prepared by R. Avis

Surveying Inc., dated May 11, 2016.

2. The Owner shall fulfill Site Plan provisions pertaining to a related Site PlanAgreement between the Owner, the Town and York Region dated March 28,2013 and registered in the Land Registry Office of the Land Titles Division ofYork Region as Instrument No. YR1966266, to the satisfaction of theCommissioner of Planning and Regulatory Services.

3. The Owner shall enter into a Condominium Agreement, if required to do so bythe Town which shall be registered on title and to the satisfaction of the TownSolicitor, in priority to all other claims or interest.

4. The Owner shall submit Plans of Condominium pre-approved by the LandRegistry Office, satisfactory to the Town, prior to final approval of the Plan ofCondominium.

5. Prior to final approval, the Owner shall submit to and obtain the approval of theTown for the form and content of the Condominium Disclosure Statement,Description and Declaration and the Owner shall incorporate into the Plan andDeclaration under Section 7 of the Condominium Act, 1988, all right(s)-of-wayand easements for vehicular access, on-site traffic circulation, municipalservicing or utility servicing, and any facilities, services and other matters whichthe Owner is required to address in the Declaration under the Agreement madepursuant to Section 37 of the Planning Act between the Owner and the Towndated August 23, 2013, to the satisfaction of the Town.

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6. Prior to final approval, the Owner shall have fully complied with the Agreementmade pursuant to Section 37 of the Planning Act between the Owner and theTown dated August 23, 2013 to the satisfaction of the Town.

7. Prior to final approval, the Owner shall enter into an agreement on termssatisfactory to the Town and the Region to convey four residential units toHousing York Inc. as set out in the Agreement made pursuant to Section 37 ofthe Planning Act between the Owner and the Town dated August 23, 2013.

Planning and Regulatory Services (Regulatory Services Division) 8. Prior to final approval of the Plan, the Owner shall provide the Town with

evidence in the form of an Architect’s Certificate or other certification, satisfactoryto the Town, stating that all buildings are substantially completed to the extentthat all boundaries of the units to be created have been constructed.

9. Prior to final approval of the Plan, the Owner shall provide the Town withevidence in the form of an Ontario Land Surveyor’s Certificate stating that allbuildings have been located on the ground in accordance with the Site Plancontained in the said Site Plan Agreement between the Owner and the Towndated March 28, 2013.

10. Prior to final approval of the Plan, the Owner shall have fully complied with allorders issued pursuant to the Building Code Act, 1992 and shall have completedall work necessary to correct any building deficiencies related to said order to thesatisfaction of the Town.

Planning and Regulatory Services (Development Engineering Division) 11. Prior to final approval of the Plan, the Owner shall provide the Town with

evidence in the form of Engineer’s Certificate stating that all grading, drainage,above and below ground services, asphalt paving, concrete works anddemarcation of parking spaces have been substantially completed in accordancewith the plans and conditions in the said Site Plan Agreement. To guaranteecompletion of the aforesaid work, the Letter of Credit secured through the SitePlan Agreement will be kept in full force by the Town.

12. The Owner shall file with the Town, if required to do so by the Town, certificationfrom a Professional Engineer or Ontario Land Surveyor that all necessaryeasements required to service the lands within the Plan and any adjoining lands(if such adjoining lands were, at any time, a single parcel of land with thelands within the Plan) for, but not limited to, access, parking, water, streetlighting, sanitary and storm sewer, structural support and maintenance havebeen granted or will be granted upon registration of the CondominiumDeclaration, together with a certification from a solicitor authorized to practice inOntario that a reciprocal operating and cost-sharing agreement that deals withmutual easements for the provision of services, lateral support and access forinstallation and maintenance of services will be in place and will bind the

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landowner and condominium corporation to be created on the subject lands by registration of the Condominium Declaration.

Planning and Regulatory Services (Parks Planning and Natural Heritage Division) 13. The Owner shall complete all required landscape works and the undertaking of

any maintenance in the manner specified in the Site Plan Agreement.

14. The Owner shall meet all of the Site Plan Agreement requirements associatedwith the preparation and conveyance of the parklands (see paragraphs 14 and15 in the Site Plan Agreement) prior to registration of the declaration anddescription for the last condominium to be created for the subject lands.

15. The Owner shall agree within the Condominium Declaration to make provisionsfor the ongoing maintenance of all common element landscape areas.

Finance 16. Prior to final approval, the Owner shall pay the applicable Release Fees to the

satisfaction of the Town.

17. The Owner shall pay any outstanding taxes owing to the Town.

18. The Owner shall pay any outstanding Local Improvement charges owing againstthe subject lands.

York Region 19. Prior to final approval, the Owner shall provide confirmation that all of the

conditions of Site Plan approval issued for the subject property under RegionalFile No. SP-R-026-08, have been satisfied.

20. Prior to final approval, the Owner shall execute all Regional Agreements andobtain all of the necessary permits required as part of the Site Plan approval forthe subject property under Regional File No. SP-R-026-08.

21. Prior to final approval, the Owner shall confirm that all of the works within theYonge Street and/or 16th Avenue right-of-way have been completed to thesatisfaction of the Region or that the Region holds sufficient securities to coverthe cost of any outstanding works. Should there be insufficient security to coverthe cost of the remaining works, the Owner shall arrange for the deposit ofadditional securities in the amount sufficient to cover the cost of all outstandingworks.

22. Prior to final approval, the Owner shall provide confirmation that all transfers ofobligation have been completed where Regional Agreements requireresponsibility to change from the Owner to the Condominium Corporation.

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Bell Canada 23. Prior to final approval, the Owner shall satisfy the requirements of Bell Canada

with respect to the proposed condominium development on the subject lands.

Canada Post 24. Prior to final approval, the Owner shall satisfy the requirements of Canada Post

with respect to the proposed condominium development on the subject lands

Enbridge Gas 25. Prior to final approval, the Owner shall satisfy the requirements of Enbridge Gas

Distribution with respect to the proposed condominium development on thesubject lands

Power Stream Inc. 26. Prior to final approval, the Owner shall satisfy the requirements of Power Stream

Inc. with respect to the proposed condominium development on the subject lands

Clearance Conditions 27. The Town shall advise that Conditions 1 to 18 have been satisfied. The

clearance letter shall include a brief statement detailing how each condition hasbeen met.

28. York Region shall advise that Conditions 19 to 22 have been satisfied. Theclearance letter shall include a brief statement detailing how each condition hasbeen met.

29. Bell Canada shall advise that Condition 23 has been satisfied. The clearanceletter shall include a brief statement detailing how the condition has been met.

30. Canada Post shall advise that Condition 24 has been satisfied. The clearanceletter shall include a brief statement detailing how the condition has been met.

31. Enbridge Gas shall advise that Condition 25 has been satisfied. The clearanceletter shall include a brief statement detailing how the condition has been met.

32. Power Stream Inc. shall advise that Condition 26 has been satisfied. Theclearance letter shall include a brief statement detailing how the condition hasbeen met.

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DATED at Richmond Hill this ***** day of *****, 20**.

___________________________________________ Ana Bassios Commissioner of Planning and Regulatory Services

Note: Where Final Approval For Registration Has Not Been Given Within Three (3) Years After The Date Upon Which Approval To The Proposed Plan Of Condominium Was Given, The Town Of Richmond Hill May, In Its Discretion And Pursuant To The Planning Act, R.S.O. 1990, Withdraw Its Approval To This Proposed Plan Of Condominium, Unless Approval Has Been Sooner Withdrawn, But The Town Of Richmond Hill May, From Time To Time, Extend The Duration Of The Approval.

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Appendix B Schedule of Conditions Standard Condominium

Draft Plan of Condominium Great Land (Yonge 16th) Inc.

Part of Lots 4, 5, 6, 7 And 11, Plan 4342 Town of Richmond Hill Town File: D05-16007

19CDM(R)-16007

The Conditions Of The Council Of The Town Of Richmond Hill To Be Satisfied Prior To The Release For Registration Of Plan Of Condominium 19CDM(R)-16007, Town Of Richmond Hill, Are As Follows:

Town of Richmond Hill Planning and Regulatory Services (Development Planning Division)

1. Approval shall relate to a Draft Plan of Condominium prepared by R. AvisSurveying Inc., dated May 11, 2016.

2. The Owner shall fulfill Site Plan provisions pertaining to a related Site PlanAgreement between the Owner, the Town and York Region dated March 28,2013 and registered in the Land Registry Office of the Land Titles Division ofYork Region as Instrument No. YR1966266, to the satisfaction of theCommissioner of Planning and Regulatory Services.

3. The Owner shall enter into a Condominium Agreement, if required to do so bythe Town which shall be registered on title and to the satisfaction of the TownSolicitor, in priority to all other claims or interest.

4. The Owner shall submit Plans of Condominium pre-approved by the LandRegistry Office, satisfactory to the Town, prior to final approval of the Plan ofCondominium.

5. Prior to final approval, the Owner shall submit to and obtain the approval of theTown for the form and content of the Condominium Disclosure Statement,Description and Declaration and the Owner shall incorporate into the Plan andDeclaration under Section 7 of the Condominium Act, 1988, all right(s)-of-wayand easements for vehicular access, on-site traffic circulation, municipalservicing or utility servicing, and any facilities, services and other matters whichthe Owner is required to address in the Declaration under the Agreement madepursuant to Section 37 of the Planning Act between the Owner and the Towndated August 23, 2013, to the satisfaction of the Town.

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6. Prior to final approval, the Owner shall have fully complied with the Agreementmade pursuant to Section 37 of the Planning Act between the Owner and theTown dated August 23, 2013 to the satisfaction of the Town.

7. Prior to final approval, the Owner shall enter into an agreement on termssatisfactory to the Town and the Region to convey four residential units toHousing York Inc. as set out in the Agreement made pursuant to Section 37 ofthe Planning Act between the Owner and the Town dated August 23, 2013.

Planning and Regulatory Services (Regulatory Services Division) 8. Prior to final approval of the Plan, the Owner shall provide the Town with

evidence in the form of an Architect’s Certificate or other certification, satisfactoryto the Town, stating that all buildings are substantially completed to the extentthat all boundaries of the units to be created have been constructed.

9. Prior to final approval of the Plan, the Owner shall provide the Town withevidence in the form of an Ontario Land Surveyor’s Certificate stating that allbuildings have been located on the ground in accordance with the Site Plancontained in the said Site Plan Agreement between the Owner and the Towndated March 28, 2013.

10. Prior to final approval of the Plan, the Owner shall have fully complied with allorders issued pursuant to the Building Code Act, 1992 and shall have completedall work necessary to correct any building deficiencies related to said order to thesatisfaction of the Town.

Planning and Regulatory Services (Development Engineering Division) 11. Prior to final approval of the Plan, the Owner shall provide the Town with

evidence in the form of Engineer’s Certificate stating that all grading, drainage,above and below ground services, asphalt paving, concrete works anddemarcation of parking spaces have been substantially completed in accordancewith the plans and conditions in the said Site Plan Agreement. To guaranteecompletion of the aforesaid work, the Letter of Credit secured through the SitePlan Agreement will be kept in full force by the Town.

12. The Owner shall file with the Town, if required to do so by the Town, certificationfrom a Professional Engineer or Ontario Land Surveyor that all necessaryeasements required to service the lands within the Plan and any adjoining lands(if such adjoining lands were, at any time, a single parcel of land with thelands within the Plan) for, but not limited to, access, parking, water, streetlighting, sanitary and storm sewer, structural support and maintenance havebeen granted or will be granted upon registration of the CondominiumDeclaration, together with a certification from a solicitor authorized to practice inOntario that a reciprocal operating and cost-sharing agreement that deals withmutual easements for the provision of services, lateral support and access forinstallation and maintenance of services will be in place and will bind the

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landowner and condominium corporation to be created on the subject lands by registration of the Condominium Declaration.

Planning and Regulatory Services (Parks Planning and Natural Heritage Division) 13. The Owner shall complete all required landscape works and the undertaking of

any maintenance in the manner specified in the Site Plan Agreement.

14. The Owner shall meet all of the Site Plan Agreement requirements associatedwith the preparation and conveyance of the parklands (see paragraphs 14 and15 in the Site Plan Agreement) prior to registration of the declaration anddescription for the last condominium to be created for the subject lands.

15. The Owner shall agree within the Condominium Declaration to make provisionsfor the ongoing maintenance of all common element landscape areas.

Finance 16. Prior to final approval, the Owner shall pay the applicable Release Fees to the

satisfaction of the Town.

17. The Owner shall pay any outstanding taxes owing to the Town.

18. The Owner shall pay any outstanding Local Improvement charges owing againstthe subject lands.

York Region 19. Prior to final approval, the Owner shall provide confirmation that all of the

conditions of Site Plan approval issued for the subject property under RegionalFile No. SP-R-026-08, have been satisfied.

20. Prior to final approval, the Owner shall execute all Regional Agreements andobtain all of the necessary permits required as part of the Site Plan approval forthe subject property under Regional File No. SP-R-026-08.

21. Prior to final approval, the Owner shall confirm that all of the works within theYonge Street and/or 16th Avenue right-of-way have been completed to thesatisfaction of the Region or that the Region holds sufficient securities to coverthe cost of any outstanding works. Should there be insufficient security to coverthe cost of the remaining works, the Owner shall arrange for the deposit ofadditional securities in the amount sufficient to cover the cost of all outstandingworks.

22. Prior to final approval, the Owner shall provide confirmation that all transfers ofobligation have been completed where Regional Agreements requireresponsibility to change from the Owner to the Condominium Corporation.

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Bell Canada 23. Prior to final approval, the Owner shall satisfy the requirements of Bell Canada

with respect to the proposed condominium development on the subject lands.

Canada Post 24. Prior to final approval, the Owner shall satisfy the requirements of Canada Post

with respect to the proposed condominium development on the subject lands

Enbridge Gas 25. Prior to final approval, the Owner shall satisfy the requirements of Enbridge Gas

Distribution with respect to the proposed condominium development on thesubject lands

Clearance Conditions 26. The Town shall advise that Conditions 1 to 18 have been satisfied. The

clearance letter shall include a brief statement detailing how each condition hasbeen met.

27. York Region shall advise that Conditions 19 to 22 have been satisfied. Theclearance letter shall include a brief statement detailing how each condition hasbeen met.

28. Bell Canada shall advise that Condition 23 has been satisfied. The clearanceletter shall include a brief statement detailing how the condition has been met.

29. Canada Post shall advise that Condition 24 has been satisfied. The clearanceletter shall include a brief statement detailing how the condition has been met.

30. Enbridge Gas shall advise that Condition 25 has been satisfied. The clearanceletter shall include a brief statement detailing how the condition has been met.

DATED at Richmond Hill this ***** day of *****, 20**.

___________________________________________ Ana Bassios Commissioner of Planning and Regulatory Services

Note: Where Final Approval For Registration Has Not Been Given Within Three (3) Years After The Date Upon Which Approval To The Proposed Plan Of Condominium Was Given, The Town Of Richmond Hill May, In Its Discretion And Pursuant To The Planning Act, R.S.O. 1990, Withdraw Its Approval To This Proposed Plan Of Condominium, Unless Approval Has Been Sooner Withdrawn, But The Town Of Richmond Hill May, From Time To Time, Extend The Duration Of The Approval.

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Map 1 Aerial Photograph

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Map 2 Existing Zoning

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Map 3 Approved Site Plan

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Map 4 Residential Component – Draft Plan of Condominium 19CDM(R)-16006 – Sheet 1 of 12

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Map 12 Residential Component – Draft Plan of Condominium 19CDM(R)-16006 Sheet 9 of 12

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Map 16 Commercial Component – Draft Plan of Condominium 19CDM(R)-16007 – Sheet 1 of 2

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Map 17 Commercial Component – Draft Plan of Condominium 19CDM(R)-16007 – Sheet 2 of 2

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