Recommendation - Burlington€¦ · Recommendation: Endorse planning ... RM1, H-RM1 and RM4 as shown on Zoning Sketch No. 1. Uses permitted in an RM1 zone include detached, semi -detached,

Page 1 of Report PB-87-13

Planning and Building Department TO: Community Services Committee

SUBJECT: Site Plan Application submitted by Branthaven Fairview Inc. for a 58-unit townhouse development at 2072 – 2102 Ghent Avenue

Report Number: PB-87-13 File Number(s): 535-21/12

Report Date: October 30, 2013 Ward(s) Affected: 1 2 3 4 5 6 All

Date to Committee: November 13, 2013 Date to Council: November 25, 2013

Recommendation: Endorse planning and building department report PB-87-13 that supports draft approval of an application for site plan approval, submitted by Branthaven Fairview Inc., to permit the construction of 30 townhouses and 28 back to back townhouses at 2072-2102 Ghent Avenue, subject to the conditions listed in Appendix F of planning and building department report PB-87-13, for Council’s consideration in determining the City’s position on the site plan before the Ontario Municipal Board. The site plan application addressed in this report consists of:

The following plans prepared by RN Design Ltd., Planning Department date stamped July 24, 2013, unless otherwise indicated:

Site Plan (date stamped October 18, 2013) Dwg No. D10 Garage and Privacy Screen Detail Plans for standard townhouses: Dwg No. A1 - Block A Floor Plans Dwg No. A2 - Block A Floor Plans Dwg No. A3 - Block A Elevations Dwg No. A1 - Block B Floor Plans Dwg No. A2 - Block B Elevations Dwg No. A1 - Block C Floor Plans Dwg No. A2 - Block C Floor Plans Dwg No. A3 - Block C Elevations Dwg No. A1 - Block D Floor Plans Dwg No. A2 - Block D Elevations Dwg No. A1 - Block E Floor Plans Dwg No. A2 - Block E Floor Plans Dwg No. A3 - Block E Elevations


Plans for Back to Back Townhouses: Dwg No. A1 - Block F Floor Plans Dwg No. A2 - Block F Floor Plans Dwg No. A3 - Block F Elevations Dwg No. A1 - Block G Floor Plans Dwg No. A2 - Block G Floor Plans Dwg No. A3 - Block G Elevations

And the following Servicing and Grading Plans prepared by Urbantech West Ltd., Planning Department date stamped July 24, 2013 unless otherwise indicated:

Dwg No. SG-1 - Site Grading Plan (date stamped

October 18, 2013) Dwg No. SS-1 - Site Servicing Plan Dwg No. STM-1 - Storm Drainage Area Plan Dwg No. STM-2 - Pre-Development Storm Drainage

Area Plan Dwg No. SAN-1 - Sanitary Drainage Area Plan Dwg No. EC-1 - Erosion & Sediment Control Plan Dwg No. EC-2 - Erosion & Sediment Control Section &

Details Plan

And the following Landscape Plans prepared by Adesso design inc., Planning Department date stamped July 24, 2013 unless otherwise indicated:

Dwg No. L-1 - Vegetation Management Plan Dwg No. L-2 - Vegetation Management Plan (tree

table Dwg No. L-3 - Landscape Plan (date stamped

September 24, 2013) Dwg No. L-4 - Foundation Planting Plan Dwg No. L-5 - Amenity Area (date stamped

October 25, 2013) Dwg No. L-6 - Details

The applicant shall obtain final site plan approval within 2 years from the date of draft site plan approval, failing which, such approval shall lapse; and

In the event that Council directs City staff to support draft approval of the Branthaven Fairview Inc. site plan application by the Ontario Municipal Board, request the Ontario Municipal Board, in its hearing of appeals to Council’s


approval of Zoning By-law 2020.332, to amend the by-law by inserting a regulation limiting the size of decks on standard townhouse units as listed below:

Maximum size of decks on standard townhouses: 1.2 m x 2.4 m

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 This report presents staff’s findings on the review of the site plan

application submitted by Branthaven Fairview Inc. seeking approval of a 58 unit townhouse development on the south side of Ghent Avenue. The site plan application was submitted on November 22, 2012 and was undelegated by Council on April 8, 2013. In July 2013, the applicant appealed the site plan to the Ontario Municipal Board (“OMB”) for Council’s failure to make a decision on the application within 30 days. The OMB has scheduled a 4-day hearing to start November 26, 2013 on the related rezoning appeal and this site plan appeal.

Reference to Strategic Plan:

Vibrant Neighbourhoods Prosperity Excellence in Government N/A

Approval of this site plan would permit the development of standard and back to back townhouses in an area designated for medium density development. The proposal would satisfy goals to increase the range of housing options and promote liveable neighbourhoods where more people can walk, cycle or use public transit given the design and location of this development close to community facilities and the downtown.


REPORT FACT SHEET

RECOMMENDATIONS: 1) Receive the planning report supporting draft approval of the Branthaven site plan subject to conditions; and 2) Request the OMB to amend zoning by-law 2020-332 to provide regulations addressing the size of decks.

Ward No.: 2

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APPLICANT/OWNER: Branthaven Fairview Inc.

FILE NUMBER: 535-21/12

TYPE OF APPLICATION: Site Plan (appealed by applicant to OMB)

PROPOSED USE: 58-unit townhouse development including 30 2-storey standard townhouses and 28 3-storey back-to-back townhouses

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PROPERTY LOCATION: South side of Ghent Avenue, approx. 260 m east of Brant Street

MUNICIPAL ADDRESSES: 2072, 2076, 2084, 2088, 2092, 2096, 2100 and 2102 Ghent Avenue.

PROPERTY DIMENSIONS: Area: 1.19 ha; Frontage: 129 m; Depth: 92 m

EXISTING USE: Vacant (previously 8 detached dwellings)

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OFFICIAL PLAN Existing: Residential – Medium Density

OFFICIAL PLAN Proposed: No change

ZONING Existing: RM1, H-RM1 and RM4

ZONING approved under By-law 2020.332 (April 29, 2013): RM3-441 and O3 (appealed to OMB)

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KEY ISSUES: Tree preservation, stormwater management and land use compatibility

NEIGHBOURHOOD MEETINGS:

Meetings held for related rezoning application: 1. June 25, 2012 2. September 26, 2012 (co-ordinated by Ward

Councillor

PROCESSING TIME: 11 months

OMB Hearing Date: November 26-29, 2013


BACKGROUND

Site Description

The site plan application affects 8 properties that have been assembled by Branthaven Fairview Inc. (“Branthaven”) on the south side of Ghent Avenue, approximately 260 metres east of Brant Street, as shown in the location sketch below.

The properties have a combined area of 1.19 hectares and previously supported 8 detached dwellings that were demolished earlier this year. Rambo Creek traverses the rear yards of the two easterly properties (2100 and 2102 Ghent Avenue) and mature vegetation exists adjacent to the creek and along the southerly and internal property boundaries. Uses on adjacent properties include the following:

North: Ghent Ave. and a mix of townhouses, low-rise apartment buildings and detached dwellings

East: Detached dwellings on properties traversed by Rambo Creek

South:

Detached dwellings on properties traversed by Rambo Creek

West: Detached and semi-detached dwellings


Previous/ related application

Branthaven submitted a rezoning application on May 29, 2012 to permit the development of a 58-unit townhouse development on the 8 assembled properties (File 520-10/12). The properties were zoned RM1, H-RM1 and RM4 as shown on Zoning Sketch No. 1. Uses permitted in an RM1 zone include detached, semi-detached, duplex and triplex dwellings, as well as retirement homes up to 4 storeys in height. The RM4 zone permits only detached and semi-detached dwellings. A rezoning was therefore required to permit townhouse uses and to consider site-specific regulations addressing the built form, site layout and density of the proposed development. Several reports and plans were submitted by the applicant in support of the rezoning application as listed below: Planning Justification Report, Ruth Victor & Associates Site Plan, RN Design Preliminary Architectural Elevations Site Grading Plan, Urbantech Survey by S.D. McLaren Stormwater Management Report, Urbantech West Letter from Urbantech West re municipal serviceability Vegetation Management Plan, Adesso design inc Traffic Impact Study, Paradigm Transportation Solutions Ltd Environmental Site-Screening Questionnaire Phase 1 ESA prepared by Soil-Mat Engineers & Consultants Ltd

Two neighbourhood meetings were conducted to present and discuss the rezoning application on June 25 and September 26, 2012. The statutory public meeting was held by the Development & Infrastructure Committee on December 3, 2012 with a staff report that included the public comments received on the rezoning application (PB-73-12). A second report was presented to the Development & Infrastructure Committee on March 25, 2013 providing staff’s analysis of the application and recommended rezoning of the lands to RM3-441 and O3 to permit the proposed 58-unit townhouse development. The recommendations in this second report were approved by Council, with modifications, on April 8, 2013 (PB-15-13). The applicant cleared the required conditions and Council enacted Zoning By-law 2020.332 on April 29, 2013. In May 2013, the city received two appeals of the zoning by-law from Allison & David Thornton, 2064 Ghent Avenue, and from Emil Sekerinski, 2101 Deyncourt Drive. The city received notice on August 12, 2013 that the OMB has scheduled a hearing on the zoning by-law appeal, and Branthaven’s site plan appeal, to begin November 26, 2013. Staff is currently preparing for this hearing.


Site Plan Application

Branthaven submitted the site plan application for the subject properties on November 22, 2012. The application was circulated to technical staff to assist in their review of the rezoning application but processing could not be completed while the rezoning application was still in process.

Site Plan Details

The site plan proposes the development of 30 2-storey townhouses around the perimeter of the site, 28 3-storey back to back townhouses in the centre of the site, and two common amenity areas as shown in Sketch No. 2. Materials submitted with the site plan application include a revised stormwater management report and the 30+ plans listed in the recommendation section of this report including the site plan, elevations and floor plans for each of the proposed 7 buildings, engineering and servicing plans, and landscape plans. Staff obtained permission from the applicant to post these plans and reports on the city’s planning web page to facilitate public review of the proposal. These plans can also be viewed by contacting Planning Department staff and display boards illustrating some of these plans will be made available at the November 13, 2013 committee meeting.

Delegated vs. Undelegated

In Burlington, decisions on most site plan applications are made by the Director of Planning & Building as Council delegated its powers and authority to approve site plans to the Director. Council may, however, pass a resolution to retain its decision making authority on an application. This process is called “undelegation” and requires staff to prepare a report and recommendation for consideration by the Development & Infrastructure Committee and Council in making a decision. Undelegation can occur if there is a lot of public interest concerning a proposed development, or a report may be brought forward to Council if planning staff and the applicant are not in agreement over a proposal. In this case, questions and concerns were raised by surrounding residents during the processing of the related rezoning file and Council undelegated the site plan application on April 8, 2013.

Objectives of Site Plan Review

The objective of site plan review is defined in Part VI– Implementation, Section 2.5.1 of the Official Plan as follows: “to ensure safe, functional and orderly development having high standards of design and efficiency of land use and servicing, particularly with respect to site function.” The Official Plan further identifies the criteria which are used to review a site plan including: compatibility with adjacent uses, urban design standards, function and efficiency, safety and access, adequacy of servicing, grading and drainage, and landscaping and lighting.


Site Plan Process

The process for reviewing site plans involves circulation of plans and reports to technical staff and agencies representing disciplines such as engineering, forestry, transportation, building, zoning, fire, the School Boards, Region of Halton, Police Services, Burlington Hydro, Burlington Accessibility Advisory Committee and Conservation Halton. Staff reviews the proposal and provide comments, often resulting in plan revisions, to ensure the development is in compliance with the Official Plan, Zoning By-law and approved development standards. The site plan process does not have a legislatively required public circulation or public meeting as is the case for other types of planning applications such as Official Plan and rezoning amendments. There are also no legislative appeal rights to a site plan that are available to members of the public. Staff’s practice is to advise the Ward Councillor when a site plan application is received and the Ward Councillor may initiate public consultation to keep residents informed of development activity in their neighbourhood. There are 3 key timelines in the processing of site plan applications:

1. The submission of a complete application. 2. Issuance of Draft Site Plan Approval (with conditions to be

addressed by the applicant). 3. Issuance of Final Site Plan Approval and Zoning Clearance

(required before an applicant can submit a building permit application.)

If an application is supported by staff, the report to committee addresses item 2 above as staff could not recommend final site plan approval until the conditions associated with draft site plan approval are fulfilled. The subject report focuses on the draft site plan approval stage and staff has included recommended conditions in Appendix F for Council’s consideration. There is a further circumstance with this application as Branthaven appealed the site plan to the OMB in July 2013 for Council’s failure to make a decision on the site plan within 30 days of its submission. The effect of this appeal is that the OMB now has carriage of the decision on the site plan application. The OMB joined the site plan appeal with the hearing on the rezoning appeal that is scheduled to begin on November 26, 2013. This report has been prepared to advise Council of Planning staff’s opinion on the site plan application and to assist in Council’s determination of the City’s position on the site plan at this hearing.


DISCUSSION:

Proposal The application proposes the construction of a 58-unit townhouse development in 7 buildings. One building fronts on Ghent Avenue and includes 7 units with driveways onto Ghent Avenue, and the remaining 51 units will obtain access from an internal private road. Each unit provides two parking spaces and visitor parking is distributed throughout the site in four separate parking areas. Two common amenity areas are provided for future residents in the southwest and southeast (adjacent to Rambo Creek) corners of the site. The units are intended to become part of a standard condominium plan of subdivision.

Property Details

Lot Area: 1.19 ha Zoning: RM3-441 and O3 (under appeal) Parking: - Required:

116 occupant (2 per unit) + 22 visitor spaces = 138 spaces

- Provided 138 spaces Building: - Units:

30 townhouses in 5 buildings 28 back to back townhouses in 2 buildings

- Height:

Townhouses are 2 storeys and up to 9.52 m Back to backs are 3 storeys and up to 12.65 m

- Exterior Materials: Brick, stone with stucco accents in earth tones (see Sketch No. 3)

Application Processing Time

The subject application was processed in 11 months. The application was initially circulated to technical staff in November 2012 and several revisions were submitted to respond to issues raised during the processing of the related rezoning application. The site plan process cannot be completed until zoning is in place permitting the proposed uses. Upon appeal of the site plan in July 2013 and the subsequent scheduling of an OMB hearing on the rezoning and site plan appeals to begin November 26, 2013, staff proceeded with preparation of this report to provide Council with Planning staff’s opinion of the proposed site plan that will be considered by the OMB at the upcoming hearing. The applicant has submitted further revisions to the site plan, grading plan, landscape plans and rear elevations over the past several months in order to attempt to satisfy staff concerns with the proposed site plan that could otherwise be in dispute before the OMB at the site plan hearing.


Official Plan

The subject lands are designated Residential-Medium Density in the Burlington Official Plan. Housing forms permitted in this designation include detached and semi-detached homes, townhouses, street townhouses and stacked townhouses, back to back townhouses, attached housing and walk-up apartments with a density ranging between 26 and 50 units per net hectare. The density of the proposed development is now 50 units per hectare as a result of the zoning report recommendation to zone a portion of the subject property adjacent to Rambo Creek as open space. The proposed development is in accordance with the land use and density provisions of the Official Plan.

Zoning By-law 2020

The properties are zoned RM1, H-RM1 and RM4, medium density zones that do not permit townhouses. Zoning By-law 2020-332, approved by Council on April 29, 2013, rezoned the lands to RM3-441 and O3 to permit the proposed 58 unit townhouse development. The staff report on the rezoning application (PB-15-13) presented staff’s rationale for site specific regulations including a reduced front yard setback and landscape area along Ghent Avenue, a 10% reduction in visitor parking spaces, and a 4.5 m landscape buffer as a component of the required 9 m rear yard along the southerly property boundary. Staff finds the proposed development is in accordance with the RM3 zoning regulations addressing building form, density, building height, yards and amenity area requirements other than those specified in By-law 2020.232 which is currently under appeal.

Site Plan Issues

As indicated earlier, the site plan review process is designed to ensure the development satisfies the city’s zoning and development standards; to ensure safe, functional and orderly development; high standards of design and efficiency of land use and servicing; and address aesthetics, urban design and compatibility. The consideration of these development elements is discussed below.

• Urban Design & Streetscape

The layout of the townhouse blocks is designed so the 2-storey units are located along the east, south and west property boundaries adjacent to existing detached dwelling units (see Sketch No. 2). The buildings incorporate variations to building facades and rooflines to add visual interest, covered porches, enhanced building materials (stone and brick), and craftsman style garage doors with decorative windows. The side elevations of Buildings A and E will face Ghent Avenue therefore enhanced elevations including entrance doors and covered porches connecting to a walkway are featured in this area. To address land use compatibility concerns, the zoning by-law requires a landscape buffer abutting R1, R2 and R3 zones, in this case along the southerly property boundary. The landscape buffer is


intended to provide separation between uses and provide screening by means of dense landscaping or a combination of a fence and landscaping. The proposed development is designed to provide a landscape buffer along all perimeter boundaries. The plan shows a 2 m wood privacy fence and preservation of existing mature trees along the southerly property boundary with the planting of two pin oak trees to fill in gaps. Along the east and west property boundaries, 60 mm sugar maple trees will be planted: 7 trees in the rear of the 7 townhouse units in Building A along the east boundary, and 12 trees in the rear of the 12 townhouse units along the west boundary (Buildings D and E). The proposed 3-storey back to back townhouses are located in the central portion of the site. Block G faces Ghent Avenue and incorporates the variations in setbacks, building facades and roofline to add visual interest and support a functional and pedestrian-oriented streetscape. Concerns were raised by area residents during the rezoning process about the reduced setbacks for 2nd floor balconies along this frontage. It is staff’s opinion that the balconies, having an actual distance from the sidewalk (i.e. the active public realm) of approximately 7.5m, add to the visual interest of the building and can provide eyes on the street. The standard townhouse blocks provide amenity space in the individual rear yards. As the back to back units provide only small balconies as private amenity space, two common amenity areas have been located in the southeast and southwest corners of the site. These are both intended to function as passive areas with the larger southeast area to include benches and ornamental landscaping.

• Rear decks and patios

The concept plans submitted with the rezoning application, and plans and elevations submitted with the initial site plan application did not include decks on the perimeter 2-storey townhouse units. In July 2013, a revised site plan was submitted proposing decks on these units but no changes were shown on the elevations. In discussions with staff, Branthaven advised that to meet grading criteria related to the sanitary sewer on Ghent Avenue, access to the rear of these townhouse units could not be provided at grade so they proposed main floor elevated decks with exterior stairs down to grade. Staff is not supportive of elevated decks that become an active amenity area on the perimeter units due to the impact of this activity on adjacent lots. Several options were discussed with Branthaven to consider design solutions that provide rear access to the units and


minimize impacts on adjacent lots. Raising the overall grade was not supported as this would negatively impact the retention of existing boundary trees and require the buffer fence to be located atop a retaining wall. Branthaven submitted a revised proposal on October 18, 2013 that replaces the decks from the main level living area with small landings (approximately 1.1 m x 2.3 m) with steps down to a patio. A patio is defined as a platform having a height of up to 60 cm from the lowest level of grade. Cross-sections were also submitted showing the visibility of these landings and patios from adjacent lots as the number of steps down to grade increases as one moves from Ghent Avenue to the southerly townhouse units. Attached as Sketch 4 is the proposed elevations for Building A with this landing/patio proposal. Sketch 5 provides a cross-section for the end unit of this building that could require 7 steps to the patio level. It is staff’s opinion that this landing/patio approach is a reasonable solution that will provide access to the rear yard for future townhouse residents but ensures the active rear yard amenity area, which can accommodate BBQs and patio furniture, is at grade. Along with the landscape buffer and wood privacy fence around the perimeter of the property, this solution reduces development impacts on adjacent lots to the east, south and west. It is staff’s position that to support the landing/patio proposal, an amendment should be made to Zoning By-law 2020.323 to limit the size of decks on this property to the proposed landing area. Zoning By-law 2020 currently permits decks in all zones subject to setback requirements so for the subject site, where a 9 m rear yard is required, the setback to the deck would be 6 m. Staff is requesting the OMB to approve the following amendment to Zoning By-law 2020.332, at the forthcoming hearing on the zoning by-law appeal:

Maximum size of decks on standard townhouses: 1.2 m x 2.4 m Discussions concerning this proposed zoning amendment are ongoing with the applicant. Staff anticipates an update can be provided at the November 13, 2013 Committee meeting.

• Grading and Drainage

The property will be graded so as to be self-sufficient with regards to stormwater management and drainage. During the rezoning stage, many questions were raised concerning the details of the proposed underground storage tank, the outlet to Rambo Creek, and the potential for downstream flooding. The April 2013 Council approval of the rezoning application included a revised condition requiring the


underground storage tank to be sized to control the 100 year post-development peak discharge to the 2 year pre-development peak level and not allow infiltration to occur. This condition has been addressed in a revised stormwater management report and revised engineering drawings. Engineering staff now advise the stormwater management system has been designed to their satisfaction. Potential impacts on groundwater levels were also raised during the rezoning stage and the applicant was required to undertake a ground water impact assessment that was peer reviewed by a consultant retained by the city. Draft conditions included in Appendix F of this report require that this groundwater monitoring study continue during construction, for a 2-year post construction period, and should there be any negative impacts during this monitoring period, that the developer correct the problem.

• Parking The site provides the required two parking spaces per townhouse unit, one unit in the driveway and one in the garage. Zoning by-law 2020.332 requires 22 visitor parking spaces and these have been distributed in four parking areas throughout the site to provide minimal walking distance for visitors to any building.

• Tree Removals

Report PB-15-13 discussed the vegetation management plan and tree inventory submitted with the rezoning application. The plan proposed the removal of 4 city trees on the Ghent Avenue right-of-way and focused on the saving of a number of privately owned trees on the external boundaries of the site and the amenity area closest to Rambo Creek. Similar to many infill projects, the plan proposed the removal of a large number of internal trees that conflict with the development. Council approved the recommendation in Report PB-15-13 to remove 4 city trees (a Honey Locust–35cm DBH in fair condition; Norway Maple–30cm DBH in good condition; Cedar–10cm DBH in good condition and Colorado spruce–20cm DBH in good condition) on April 8, 2013. Branthaven was required to provide compensation for the tree removals by planting 5–100mm calliper trees in the Ghent Avenue right of way and providing monetary compensation to the city in the amount of $1425.00. In September 2013 Branthaven submitted a revised landscape plan that is now able to save the Norway Maple located in front of the most westerly back to back townhouse unit that was previously identified for planting of a new tree. The effect of this change is that only 3 city trees are proposed for removal. City staff support this change and have revised the required tree planting conditions in Appendix F so the applicant will only be required to plant 4 new trees along the Ghent


Avenue right of way instead of 5. There is no change concerning the monetary compensation.

• Landscape Plan

The applicant has also undertaken further revisions to the landscape plan in recent months addressing the species, size and number of trees to be planted. The revised plans increase the number of trees to be planted within the development site or on the street right of way from 53 to 60, and the number of shrubs from 262 to 300. The landscape plan now includes: 19 arrowhead sugar maples (60 mm) along the east and west

property boundaries between the 2-storey townhouses and the adjacent properties

13 chanticleer pears (60 mm) internal to the site between unit driveways

4 autumn blaze maples (100 mm) along Ghent Street (the new city trees)

7 embers maples (60 mm) internal to the site 2 pin oaks (60 mm) along the southerly buffer 3 red maples, 1 alternate-leaved dogwood and 11 white cedars

in the amenity area adjacent to Rambo creek The sizes of trees to be planted exceed the requirements of the city’s site plan guidelines and will result in a denser landscape buffer at time of planting between the proposed development and adjacent lots. The landscape plan also provides extensive ornamental plantings in front of townhouse units, in the easterly amenity area and along the Ghent Avenue frontage. These plan revisions have been reviewed and are supported by the city’s landscape architect.

• Fencing The development proposes 2 m wood board fencing along the east, south and west property boundaries with the exception of the lands in the vicinity of Rambo Creek where engineering staff requested a chain link fence and gate to provide access to the creek for maintenance purposes. Fencing is part of the required buffer between the townhouse units that along with dense vegetation enhances compatibility and minimizes potential impacts to adjacent lands. Within the development, partition walls will be provided between the standard townhouse units to divide the rear privacy areas. A site-specific regulation of Zoning By-law 2020.232 provides that these privacy areas do not need to be fully enclosed at the rear as perimeter fencing is being provided and this facilitates co-ordinated maintenance of the rear yard amenity and buffer areas by the future condominium corporation.


• Lighting A standard development condition requires the applicant to submit lighting and photometric details to the city’s site engineering section for review and approval prior to final site plan approval. This lighting condition is included in Appendix F of this report.

• BAAC The Burlington Accessibility Advisory Committee submitted concerns about the initial development proposal that provided only one accessible parking space for visitors and recommended consideration of internal sidewalks and barrier free curbs to permit people using personal mobility devices to access their mailboxes. The applicant met with BAAC representatives in January 2013 and prepared revisions to respond to these concerns. The revised plan provides two accessible parking spaces, one on each side of the central back to back townhouse block (Building F) and added internal walkways adjacent to Building G. BAAC submitted revised comments advising they are satisfied with the location of the accessible spaces and provided further suggestions concerning seating that meets accessible design requirements for the amenity area.

Communication Matters:

• Public Review

As discussed earlier, there is no legislative requirement concerning circulation of site plan applications nor is there a public meeting component. As there was extensive public interest in the related rezoning application and the site plan was undelegated, staff has provided notice of the subject report to approximately 40 individuals who either signed in at the initial neighbourhood meeting on the rezoning application, submitted correspondence to planning staff or delegated at committee on the rezoning application. Many concerns raised during the rezoning process addressed matters typically submitted at the site plan stage including the engineering details of stormwater management, grading and drainage plans, and detailed landscape plans along the Ghent Avenue right of way as well as buffer plantings. Staff finds these concerns have been addressed in the revised reports and plans submitted by Branthaven.

• Technical Review

No agencies or departments submitted objections to this development proposal. Conditions requested by technical reviewing staff and agencies have been included in Appendix F.


Financial Matters:

The application was processed under the standard fees for a full site plan application. The proposed conditions of draft site plan approval (Table 1) outline additional fees and securities that would be required prior to issuance of a Board Order for final site plan approval to ensure completion of the work as described in the plans.

Conclusion: Staff has reviewed the proposed site plan in accordance with the policies of the Official Plan and the requirements of the Zoning By-law and have no objections. Staff’s review has considered such issues as building design and orientation, grading and drainage, land use compatibility, landscaping and impacts on streetscape. Staff is satisfied with the proposal subject to the conditions in Appendix F and the recommended modification to Zoning By-law 2020.332. Planning staff supports draft approval of the site plan application. This report and the draft site plan conditions have been prepared for Council’s consideration in determining the City’s position on the site plan before the Ontario Municipal Board. Respectfully submitted, Silvina Kade, MCIP RPP, AICP Senior Planner-Development Review 905-335-7600 Ext. 7871

Approvals: *required

Approved by Bruce

Krushelnicki n/a Approved by Scott Stewart n/a

*Department

City Treasurer General Manager City Manager

Appendices: A. Zoning Sketch No. 1 B. Detail Sketch No. 2 C. Detail Sketch No. 3 D. Detail Sketch No. 4 E. Detail Sketch No. 5 F. Proposed conditions of draft site plan approval

Notifications: (after Council decision)

Name Mailing or E-mail Address

Sean Wadsworth Branthaven Fairview Inc.

[email protected]

mailto:[email protected]


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


Appendix A: Zoning Sketch No. 1


Appendix B: Detail Sketch No. 2


Appendix C: Detail Sketch No. 3


Appendix D: Detail Sketch No. 4


Appendix E: Detail Sketch No. 5


Appendix F

CONDITIONS APPLYING TO DRAFT SITE PLAN APPROVAL

APPLICATION NAME: Branthaven Ghent – Origins Development ADDRESS: 2072 – 2102 Ghent Avenue File: 535-21/12

The Owner shall fulfill the following conditions prior to obtaining Final Site Plan Approval and within 2 years from the date of Draft Site Plan Approval, failing which, such approval shall lapse; and THAT the conditions of draft approval are as follows:

1.0 Legal Group

1.1. Execute and register an agreement under Section 4l of the Planning Act or any other agreement to the satisfaction of the City Solicitor dealing with all the facilities or matters shown on the plans and drawings and the conditions set out herein.

2.0 Site Engineering Group

2.1. Provide a copy of the Ministry of Environment Environmental Compliance Approval (ECA) for storm outlet.

2.2. Submit for approval a letter from a qualified acoustical consultant that the cumulative level of noise for the air conditioner units meets MOE guidelines.

2.3. Submit for approval certification by a qualified acoustical consultant that the required noise control measures have been incorporated into the builder’s plans.

2.4. Submit for approval details of all outside lighting including catalogue cuts of proposed fixtures.

2.5. Pay to the City $15,000 to compensate for the cost of the anticipated maintenance and remedial works that will ultimately be required for the section of creek on the development site.

2.6. Prior to commencement of any site work, install hoarding around trees identified on the approved landscape/tree saving plan and implement the City’s tree protection standards for those trees to be saved. Call 335-7600 Ext 7772 or 7428 to arrange for an inspection. Hoarding is to remain in place and be maintained for the duration of construction.

2.7. Prior to final site plan approval, submit details of a construction management plan including the following: a) traffic and pedestrian control measures, specifically addressing signage, pedestrian

routing b) haulage route c) crane assembly (if required) to the satisfaction of the Director of Engineering.

(Contact Transportation Services for signage specs and locations) d) details of trades parking e) details of truck stacking f) vehicle wash down area to be contained within site g) location of sanitary facilities h) location of site trailer and material storage areas i) emergency phone number shall be posted at entrance


2.8. Provide details of utility connection locations. 2.9. Submit for approval and implement siltation control measures. Call 335-7600 Ext 7772 or

7428 to arrange for an inspection. Siltation control shall be maintained during all phases of construction.

2.10. Submit for approval revised site grading and servicing plans stamped and certified by a Professional Engineer.

2.11. The Storm water management facility shall be designed and constructed to the satisfaction of the Director of Engineering. Provide confirmation that the storage tanks will not allow infiltration to occur.

2.12. Dedicate to the City free of charge lands in accordance with Schedules B and C of the Section 41 Agreement.

2.13. Pay the City fees identified in Table 1. 3.0 Zoning Group

3.1. The rezoning, under File 520-10/12 to be finalized prior to final site plan approval. 3.2. A Zoning Clearance Certificate is required to be made for each block prior to final site

plan approval. 3.3. Revised full size rear elevation drawings are required for Blocks A, B, C, D and E,

showing all decks and walkouts prior to draft site plan approval. 3.4. Submit a survey plan, prepared by an Ontario Land Surveyor, showing the location

and setbacks of the proposed buildings and any encroachments. 4.0 Planning Group

4.1. Pay the City fees identified in Table 1. 4.2. Submit a computer disk of the site plan in a compatible AutoCAD (2000) file. 4.3. Submit for approval revised deck and patio details for the standard townhouse

buildings. 4.4. Submit a revised site plan and floor plans showing the deck details. 4.5. Submit details and locations for all utility metres, transformers, air conditioners, etc.

Utility metres shall not be located on elevations facing a street. 5.0 Urban Forestry/Landscape

5.1. If boundary trees and vegetation within three meters on both sides of a mutual lot line will be affected by the proposed development, there are two options: a) The adjacent property owner(s) shall be consulted and made aware of the

proposed development and requested to submit in writing that there are no concerns with the proposed treatment of existing boundary trees and vegetation; or

b) A certified arborist shall be retained to address the potential impact on the existing boundary trees and vegetation and provide a letter or report to that effect, confirming in their opinion that the boundary trees and vegetation will survive the construction. The arborist letter or report shall also include the preservation methods, including pruning and fertilizing, that can be implemented by the Owner in order to ensure boundary tree and vegetation saving along the mutual lot line(s) both within the subject and adjacent lots.

5.2. If a fence is proposed along the mutual lot line, the applicant is to submit for approval, a letter outlining the terms of an agreement, signed by both the owner and the affected adjacent property owner, when conflicts arise between existing boundary trees and vegetation and construction of new fencing.


5.3. A refundable Tree Permit in the amount $200 is required for the retention and protection of two existing City trees, and for the removal of four City trees.

5.4. Securities will be required for the protection of trees in the amount of $4,160.00 (as calculated by the City Forester).

5.5. Tree Hoarding and Protection will be required as per City standard NO SS12A with hoarding to be in place during all phases of construction. Failure to comply or removal of hoarding without City authorization will result in the loss of the security deposit.

5.6. The deposit(s) mentioned above, shall be returned to the Owner if the tree(s) are not injured or damaged, as determined by the City Arborist, otherwise, the deposit(s) shall be retained by the City, indefinitely, for the on-going maintenance, preservation, and/or eventual replacement of the tree.

5.7. In addition, compensation must be provided for the four trees to be removed. The required compensation will be the re-planting of four - 100mm calliper new trees in the City’s right of way along Ghent Avenue, with additional monetary compensation of $1,425.00. Street tree species as listed on plan (Acer Freemanii) is an approved species. Any changes must be approved by the City Arborist.

5.8. As a certified arborist report or letter was required for both boundary trees and vegetation and City trees:

5.9. Submit for approval, a letter of confirmation that a certified arborist has been hired to ensure the preservation of the trees and vegetation by: a) Conducting regular inspections of the trees and vegetation during the construction

phase b) Monitoring construction activities to ensure activities will not cause damage or

harm to the trees and vegetation and c) Conducting regular inspections of the trees and vegetation after the construction

phase to ensure the continued well being of trees and vegetation. d) The frequency of the inspections is to be the satisfaction of the City Arborist and

outlined in the subject letter of confirmation. The inspections are to be weekly as a minimum during the construction activity period(s) in the vicinity of the trees and vegetation being saved. The Owner shall pay for all costs relating to the work done by the certified arborist and pay for all of the certified arborists' on-going recommended preservation methods.

5.10. Submit a letter of confirmation from the contractor/project manager responsible for the sites development, that all the tree and vegetation saving documentation contained in the site plan approval, consisting of protection standards and hoarding in the vicinity of trees and vegetation being saved, has been reviewed and agreement to comply with the approved tree and vegetation saving measures is stated.

6.0 Regional Municipality of Halton

6.1. The Owner shall contact the Regional Services Permit Section (905-825-6000 Ext 7878) for a more detailed review of the water and sanitary servicing proposed and to obtain water and sanitary sewer Services Permits, and pay all necessary fees. Note: The issuance of a Regional Services Permit is Halton Region’s confirmation that servicing will be available to service this site.

6.2. The Owner acknowledges that there may not be sufficient water or sanitary capacity to accommodate this development and that additional capacity may not be available within the term of this site plan approval. The Owner acknowledges that granting of site plan approval does not imply a guarantee by the Region to service this development within the term of the site plan approval.


6.3. The Owner agrees that they will comply with the Region’s multi-unit servicing policy as set out in Report PPW01-96 and specifically Section 3.2 as follows: “The servicing requirements consist of individual water meters and individual water shut off valves for each unit with individual water laterals for each unit going directly to the unit from the watermain without passing in front of or behind or through any other units, unless the piping is located in a tunnel pipe corridor, common basement or parking garage.

6.4. The applicant is required to provide justification to the Region on how the Health Department comments have been considered.

7.0 Fire Group

7.1. Submit for approval an 8 ½ x 11 reduced site plan drawing clearly denoting the designated fire access routes for sign designation and record purposes.

8.0 Conservation Halton

8.1. Revise the landscape plan for the amenity area to provide non-rare species adjacent to the watercourse.

SCHEDULE “B”

1. Dedicate to the City free of charge lands for a 0.856 m widening of Ghent Avenue, and pay all associated costs, including the cost of preparing the reference plan. The reference plan and all associated plans shall be related to 6 degrees UTM Datum, NAD 83.

SCHEDULE “C”

1. Pay for the cost of releasing existing easement known as Part 4 on Plan 20R5901. 2. Dedicate to the City, free of charge an easement for the creek and access along internal

driveway and pay all associated costs, including the cost of preparing the reference plan. The reference plan and all associated plans shall be related to 6 degrees UTM Datum, NAD 83.

SCHEDULE “D” The Owner covenants and agrees to complete the following to the satisfaction of the Director of Engineering: Lighting

1. Should changes be made to the approved lighting, the Owner agrees to submit details for approval prior to installation. Note: Additional lighting to include, but not be limited to, security, sign, landscape lighting and wall washes.

2. Should the exterior lighting ever be identified as a problem by the Director of Engineering on adjacent properties or roads, the Owner agrees to implement satisfactory remedial measures.


Warning Clauses

3. Agree to include the following warning clauses in all Offers to Purchase, Agreements to Purchase, and Sale or Lease and Condominium Declaration: a) Purchasers/Tenants are advised that maintenance is required for the underground

Atlantis Tank storage system and associated stormceptor as per manufacturer’s specifications.

b) Landscaping or grade alterations are not permitted within the 4 metre easement adjacent to the creek block.

Site Services

4. Construct servicing, grading, off-street parking, ingress and egress and landscaping displayed on the approved plans, including any revisions noted thereon. Provide a sanitary manhole at the street line.

5. Weeping tiles are to be pumped as per the City’s storm water management policy. 6. Downspouts to discharge onto grass areas not on walkways or driveways. 7. Prior to pouring internal curbing, provide 48 hours notice to Engineering Development

staff for inspection. 8. Retaining walls over 1.0 m in height to be designed and certified by a professional

engineer. 9. Prior to sodding, call 905-335-7600 ext 7772 or 7428 for a grading inspection. 10. Sod all boulevards at the Owners expense, where applicable. 11. Prior to constructing driveways and commencing trenching on the City’s road allowance

obtain an entrance permit and a trench excavation permit from the Engineering Department.

12. NOTE: Prior to concrete installations on any part of City property (i.e. boulevard and road allowance), site engineering staff to be contacted for inspections of concrete forms and for monitoring concrete pours. Soils Consultant to provide reports confirming that slump tests and compressive strength tests meet City of Burlington criteria.

13. Control points for curb returns to remain in place for site engineering staff to confirm radii.

14. The Owner shall deliver for approval of the Director of Engineering elevations of the top of foundation walls, footings and/or ground floor slab elevations for the building prior to commencement of framing/above grade/superstructure work. These elevations shall be prepared by an Ontario Land Surveyor or the Consulting Engineer for the Developer and shall show actual elevations of footings and/or ground floor slab elevations when constructed.

15. A Site Alteration Permit as per By-law 6-2003, may be required for the receiving parcel, if it is importing fill/topsoil from this site or for the parcel from which topsoil/fill is being exported to this site.

Waste Management

16. Should the Owner later wish to change the approved waste management process/garbage facilities details are required to be submitted for approval.

17. Should the approved garbage facilities ever be identified as a problem, the Owner agrees to implement appropriate remedial measures to the satisfaction of the Director.

18. All perishable, recyclable garbage is to be stored within the dwelling unit.


Road and Site Maintenance

19. Implement the following for the control of mud, dust, and construction traffic and site maintenance: a) During wet conditions, tires of all vehicles/equipment leaving the site are to be scraped b) Any mud/material tracked onto the road shall be removed immediately by hand or

rubber tire loader 20. If excavated material must be disposed of, the Engineering Department and the applicant

will select a haulage route. In addition to the above measures, the following will be required: a) The name of the contractor providing the haulage service b) Monitoring of the haulage route twice daily (at noon and end of workday) to ensure

route is clean and monitoring of trucks to ensure there is no overloading that may cause spillage.

21. Should unforeseen problems arise, the owner/s agree to take appropriate remedial action to the satisfaction of the Director of Engineering

22. Roads to be FLUSHED and swept on Friday afternoons 23. Take all necessary steps to prevent building material, construction debris or waste being

spilled or tracked onto abutting properties or public streets during construction and proceed immediately to clean up any areas so affected and

24. Should the development choose not to comply with the City’s mud/dust control requirements on the public road allowance and litter control on site, necessary works will be carried out by the City’s contractor and charged against the curb bond deposit and/or the letter of credit.

25. Should a situation present itself, such that the normal flow of traffic is disrupted, the provisions of the Ontario Traffic Manual, Book 7, Temporary Conditions must be followed at all times - including but not limited to appropriate Traffic Control Person(s) and related signage. Cost to be borne by the developer as per Ontario Ministry of Labour and City requirements. The City will not tolerate any substandard activity in this regard. a) Two flagmen will be dedicated to direct construction vehicles into and out of the site at

all times. b) At the discretion of the Director of Transit & Traffic or designate, pay duty police officers

provided by the Halton Regional Police Service may be required to direct traffic. Cost to be borne by the developer.

c) The traffic lanes of Ghent Avenue cannot be closed completely. Any lane closures or restrictions are only allowable if express permission is provided in advance by the City project supervisor for unavoidable or emergency situations.

d) Any proposed closures (sidewalk or roadway) or lane restrictions must be communicated, to key agencies well in advance (including City of Burlington Transit & Traffic Dept., Burlington Fire Dept., Region of Halton Land Ambulance Services and the Halton Regional Police Service, and Ontario Provincial Police) to avoid congestion in the area and make sure the appropriate notifications can be provided and detours and other signing erected.

Performance and Securities Prior to any reductions/releases of performance securities, submit the following to the satisfaction of the Director of Engineering:

26. As constructed drawings of record for all engineering works required by the approved site plans, certified by the Consulting Engineer. (Securities collected in connection with the approved site plan will not be release until an as constructed survey has been submitted for


approval detailing building locations, parking and driveway layouts, including dimensions as per By-Law 2022, as amended.)

27. Letter of certification from the Consulting Engineer to confirm that all storm water quality devices, manholes and catch basins have been inspected and cleaned as required, including confirmation of acceptable Mandrel testing and video inspection. Provide confirmation the Stormceptor has been inspected and cleaned and provide future maintenance schedule for Stormceptor and Atlantis system.

28. Submit a copy of the Service Company’s paid invoice for the clean-out work. 29. Certification by the Lighting Consultant that the lighting was installed as per the approved

plan(s). 30. Detailed confirmation by the Noise Consultant that all recommendations contained in the

Noise Report have been implemented. General Development Requirements

1. No work shall be done until the Director of Engineering has approved the plans and all work (grading, drainage, construction access, fencing, servicing and driveway locations) shall conform to such plans.

2. If during any phase of construction potentially adverse environmental impact to the site is discovered or occurs, the developer/owner agrees to: inform the City/Region/MOE immediately retain a qualified Environmental Consultant to investigate, report and remediate as may be required, all in compliance with Ontario Regulation 153/04.

3. The Owner shall pay the cost of relocating any existing services or utilities made necessary by reason of the development

4. With every application for a Zoning/Grading Certificate, provide certification by the Acoustical Consultant that the recommended noise and vibration controls in the approved report have been implemented for the proposed dwelling. (If noise control is required)

5. All streets abutting on the lands covered by this Agreement and to be used for access during the construction of any building/s on the approved Site Plan/s, shall be kept in good and usable condition during the said construction and, if damaged, will be restored immediately by the Owner. If the Owner fails to do this work on reasonable notice, the City may go in and do it at his expense. All vehicles making delivery to or taking materials from the lands on the said approved Site Plan/s, shall be adequately covered and not unreasonably loaded so as to not scatter refuse, rubbish or debris on the said streets abutting. Where more than one access may be had to the development site, the Director of Engineering may prohibit use of one or more, but not all, for the delivery of materials.

6. Take all necessary steps to prevent building material, mud, waste, soil or dust from being spilled or tracked onto public streets during construction and proceed immediately to clean up any streets so affected and agree that the performance securities may be used by the Director of Engineering to cover the cost of cleanup necessitated by failure to comply within a reasonable time frame with these requirements.

7. The Owner will take all necessary steps as directed from time to time by the Director of Engineering to control dust, weeds, noise and any other nuisances.

8. The Owner shall make good all damage to other properties caused by anything done in connection with the development.

9. The Owner shall construct all works necessary as approved by the Director of Engineering to provide for proper drainage and storm water management of all lands included in the development plan and adjacent lands which drain there through, or where existing drains in adjacent or abutting lands have been cut.


10. The Owner shall construct all works required to rectify and alleviate any drainage problem in the manner required by the Director of Engineering upon written notice by him such work shall be in accordance with plans approved by the Director of Engineering.

11. Indemnify and save harmless the City and Burlington Hydro, its officers, employees, servants or agents from all costs, damages, claims, actions, demands, losses, causes, or action, interest and suits that it or they may incur or be put to as a result of, or in any connection with, the servicing of and construction on the lands covered by this agreement.

12. A groundwater monitoring study shall continue during construction and post development. The monitoring should be done quarterly for a 2 year period post construction. If new wells are required during construction they must be added to the west side of the property with continuous monitoring capability. The developer shall submit annual reports to the Director of Engineering.

13. If during the 2 year post development monitoring period it is demonstrated that groundwater levels have been negatively impacted by the development, the developer shall rectify the problem to the satisfaction of the Director of Engineering.

Project Implementation Requirements

1. Prior to commencing any site works, the Developer shall submit a preliminary schedule for the servicing contract, utilities work, and building construction.

2. Schedule shall include start dates/occupation dates, tentative grading, sodding and tree planting schedules in accordance with the City’s grading and sodding policy and schedule.

3. Agree to hire a contractor on retainer to deal with after hour problems related to unsafe situations and provide the City with the contractors 24 hours/7 days a week emergency contact phone number to deal with after hours site problems and unsafe situations.

4. Any required driveway access or utility disruption for affected residents/businesses will be communicated verbally or via written notices at least forty-eight (48) hours in advance to the residents/businesses. Verbal contacts will generally be done at reasonable hours (between 8:00 a.m. and 7:00 p.m.) The driveway and utility disruption will be done responsibly and minimize inconvenience to the area residents/businesses. In certain situations, the driveways may need to be reinstated or utility service restored immediately.

5. Utility trenches, service cuts, etc. in front of adjacent homes shall not be left in an unfinished or open cut condition for more than 3 days if no activity is imminent (i.e. temporary trench filling, grading may be required as directed).

6. The site shall be maintained in a secure fashion at all times. Any notification of trespassing or safety concerns shall be communicated to the Halton Police.

7. Trees identified for protection by the City Arborist will be marked and fenced off as per City requirements. Significant damage to the trees or to the branches shall be reported immediately to the City’s Engineering representative. Significant damage may warrant additional landscaping or tree planting to be carried out at the Developers expense.

8. The Developer and his contractor(s) shall acknowledge and abide by all applicable City By-laws and agree to obtain all necessary permits as directed.

9. The Developer shall not enter any adjacent properties without 48-hour prior notice to homeowner for any required work. Any approved works that require encroachment onto adjacent properties shall be restored to a condition at least equal to or better than previous condition. These works may include but not limited to grading, sod, landscaping, driveways, fencing etc. Any entry onto adjacent private lands will require the consent of the property owner.

10. Minor changes/amendments to the original City approval(s) (initiated by the Developer) that would not require a formal application to the City (i.e. variances etc.) shall be clearly communicated to the affected residents.


11. If any disputes regarding the above are not resolved in a mutually acceptable manner (at the staff level), a meeting would be arranged with the affected residents, Developer and senior City staff. If issues cannot be amicably resolved, a mediation session may be necessary. The cost of the mediation shall be borne by the Developer.

12. If the Developer fails to comply with the above expectations and the project incurs significant delays, the development securities required by the subdivision or development agreement may be used by the City to carry out any outstanding works deemed necessary as per this checklist to bring the site into compliance.

The Owner covenants and agrees to complete the following to the satisfaction of the Director of Planning and Building: Planning Group

1. Comply with the terms of any previous agreement still in effect, namely, the Residential Development Agreement registered as Instrument HR1100583 on May 16, 2013.

The Owner covenants and agrees to complete the following to the satisfaction of the Director of Transit and Traffic: Transit and Traffic

1. Post parking for the physically challenged in accordance with By-law 101-1990. 2. Install signs for visitor parking. 3. Contact Kelly Hall - Transit & Traffic Department at 335-7600 #7560 for the number and

location of required signs. The Owner covenants and agrees to complete the following to the satisfaction of the Chief Fire Prevention Officer: Parking and Fire

1. The Owner covenants and agrees to complete the following to the satisfaction of the Chief Fire Prevention Officer:

2. Hydrant protection 3. Fire access route designation and posting on both sides, where possible, is to be in

accordance with City of Burlington By-law 26-1979. Contact Parking Services at (905) 335-7600 extension 7560 for the number and location of required signs.

General

1. Prior to first occupancy, submit a plan outlining postal arrangements and facilities for this site. (Where required).

The Owner covenants and agrees to complete the following to the satisfaction of the Director of Roads and Parks Maintenance: RPM

1. During the construction phase and for three (3) years after the date of the issuance of the building permit, the Owner shall pay for on-going inspections, reports and preservation


methods recommended by the certified arborist, in addition to the deposit(s) mentioned above. If the tree dies or needs to be replaced within those three (3) years, the Owner shall pay for replacement planting with nursery stock according to the City of Burlington’s Aggregate Calliper Formula. Replacement trees must have a minimum height of 180cm for coniferous replacements and 80mm calliper for deciduous replacements to the satisfaction of the City Arborist. If the Owner meets its financial obligations and there is no further need to care for the tree, after the three (3) years, the City shall return the deposit(s) or the balance of the deposit(s) if the City had to use some of the money for monitoring, preservation or replacement of the tree. If the tree does not recover to the satisfaction of the City Arborist, then the City shall retain the deposit for the continued maintenance, preservation or eventual replacement of the tree. The Owner may be required to post additional securities if, in the opinion of the City Arborist, the saved tree is very damaged and will need on-going monitoring, preservation, or replacement that will exceed the cost of the deposit(s) mentioned above.

2. Should any of the saved trees die within three years of issuance of a building permit, provide replacement planting with nursery stock having a minimum height of 180 cm for coniferous replacements and 80 mm calliper for deciduous replacements to the satisfaction of the City Arborist.

The Owner covenants and agrees to complete the following to the satisfaction of the Halton District School Board (HDSB):

1. The Owner agrees to place the following notification in all offers of purchase and sale for all lots/units and in the subdivision agreement, to be registered on title:

a) Prospective purchasers are advised that schools on sites designated for the Halton

District School Board in the community are not guaranteed. Attendance at schools in the area is not guaranteed. Pupils may be accommodated in temporary facilities and/or be directed to schools outside the area.

b) Prospective purchasers are advised that school busses 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.

2. In cases where offers of purchase and sale have already been executed, the Owner

shall send a letter to all purchasers which includes the above statement. 3. The Owner shall supply, erect and maintain signs at all major entrances into the new

development advising prospective purchasers that pupils may be directed to schools outside of the area. The owner will make these signs to the specifications of the Halton District School Board and erect them prior to the issuance of building permits.

4. The Owner submits a copy of the approved sidewalk plan, prepared to the satisfaction of the City of Burlington, to the Halton District School Board.

5. Provide to the Halton District School Board a geo-referenced AutoCAD file of the draft

M-Plan once all Lot and Block numbering configuration has been finalized and provide any changes that may occur after initial submission.


The Owner covenants and agrees to complete the following to the satisfaction of the Halton Catholic District School Board (HCDSB):

1. The Owner agrees that a clause be included within the development agreement and all offers of purchase and sale for residential units, that “sufficient accommodation may not be available for students residing in this area and that you are notified that students may be accommodated in temporary facilities and/or bussed to existing facilities outside the area.” Further the clause will specify that the “Halton Catholic District School Board will designate pick up points for the children to meet the bus on roads presently in existence or other pick up areas convenient to the Board.”

2. The Owner agrees to erect and maintain signs at all major entrances into the new

development advising prospective purchasers regarding the availability of school accommodation. The Owner will make these signs to the specification of the Halton Catholic District School Board and erect them prior to the issuance of building permits.


Documents

Recommendation - Burlington€¦ · Recommendation: Endorse planning ... RM1, H-RM1 and RM4 as shown on Zoning Sketch No. 1. Uses permitted in an RM1 zone include detached, semi -detached,