Local Planning Appeal TribunalTribunal d'appel de ramenagementlocal

Ontario

ISSUE DATE: August 16, 2018 CASE NO(S).: PL170853

The Ontario Municipal Board (the "OMB") is continued under the name Local PlanningAppeal Tribunal (the "Tribunal"), and any reference to the Ontario Municipal Board orBoard in any publication of the Tribunal is deemed to be a reference to the Tribunal.

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O.1990, c. P. 13, as amended

Applicant and Appellant:Subject:

Existing Zoning:Proposed Zoning:

Purpose:

Property Address/Description:Municipality:Municipality File No.:OMB Case No.:

OMB File No.:

OMB Case Name:

Nobleton Estates Inc.

Application to amend Zoning By-law No. 74-53, asamended - Neglect of the Township of King to make adecision

"Rural General (RU1)""Residential Urban [Nobleton] (R1N-X)", "ResidentialUrban [Nobleton] (R1N-XX)" and "Open Space &Conservation (O)"To permit the development of five (5) residential lotseach with a single detached dwelling, as weli as theinclusion of environmental buffer landsPart of Lot 6, Concession 8Township of KingZ-2014-07

PL170853

PL170853

Nobleton Estates Inc. v. King (Township)

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O.1990, c. P. 13, as amended

Applicant and Appeliant:Subject:

Purpose:

Property Address/Description:Municipality:

Nobleton Estates Inc.

Proposed Plan of Subdivision - Failure of the Townshipof King to make a decisionTo permit the deveiopment of five (5) residential lotseach with a singie detached dwelling, as weli as theinclusion of environmental buffer lands

Part of Lot 6, Concession 8Township of King

Municipality File No.: 19T-14K010MB Case No.: PL170853

0MB File No.: PL170854

Heard: July 20, 2018 by telephone conference call

APPEARANCES:

Parties Counsel

Nobleton Estates Inc Mary Flynn-Guglietti

Township of King Tom Haiinski

Toronto and Region Jonathan WigieyConservation Authority

PL170853

MEMORANDUM OF ORAL DECISION DELIVERED BY SHARYN VINCENT ONJULY 20,2018

INTRODUCTION

[1] This is a settiement hearing of appeals brought by Nobleton Estates Inc. against

the Township of King ("Township") Council's failure to make a decision on an application

to rezone lands constituted as Part of lot 6, concession 8, in order to permit the

subdivision of the iands into five iots for the purpose of constructing five detached

residences.

[2] The settlement, on consent of all parties, amends the Future Development zoning

in force pursuant to By-law No. 2016-71 to site-specific RIC-I(H) and R1C-2(H), Open

Space, and Environmentai Protection in order to permit the creation of five detached lots

through draft plan of subdivision, also before the Tribunal on settlement.

[3] The draft plan is accessed from a proposed local public road extending from the

adjacent registered Plan of Subdivision 65M-4287, connecting to Northcott Way and the

streets beyond.

3 PL170853

[4] A small addition to an existing local park Is to be dedicated and a 10 metre

natural buffer created as Part 7, adjacent to the natural heritage feature/vaiiey is

intended to ensure that the natural heritage function is maintained and is satisfactory to

the Toronto and Region Conservation Authority ("TROA").

FINDINGS AND ORDER OF THE TRIBUNAL

[5] The Tribunal accepted the uncontradicted opinion of Roy Mason, qualified to give

expert opinion evidence in matters of land use planning. The testimony was supported

by Affidavit evidence, as amended by viva voce evidence to reflect the final form of the

Implementing by-law preferred by the Township and which incorporates the buffering

treatment responding to the concerns of the property owners located to the north.

[6] With respect to the draft conditions, the Tribunal finds that the conditions address

the protection of the environmental features, make provision for securing an appropriate

parkland dedication, establish the servicing framework for the lots, subject to Hold

provisions in the implementing by-law to allow the Township to resolve an overall

infiltration/capacity issue and satisfy the criteria of s. 51(24) of the Planning Act

[7] The Tribunal accepts the evidence of Mr. Mason that the zoning by-law, in final

form as Exhibit 2, Tab E2, and draft conditions had regard to s. 2 matters of the Act, are

consistent with the Provincial Policy Statement and conform to the Growth Plan, the

Greenbelt Plan and the Region of York Official Plan, all as more particularly set out in

paragraphs 44-60 of the Affidavit evidence filled as Exhibit 2, as amended by Tab E2,

the final form amending by-law.

[8] Within the Nobleton Community Plan the lands are designated "Residential" and

"Natural Heritage". The limit of the natural heritage area was staked on a site walk with

TROA. The proposed density of 4.4 units per hectare falls within the permitted of 12

units per hectare and the site-specific zone requirements will result in a development

characterized by the witness as complementary to and compatible with the surrounding

residential neighbourhood.

4 PL170853

[9] The Tribunal therefore is satisfied on the evidence of the witness and the consent

of the approval authorities that the Draft Plan, Zoning By-law Amendment and

conditions represent good planning and are consistent with and conform to Provincial

Policy and applicable Official Plans.

ORDER

[10] The Tribunals allows the appeal in part and approves the Draft Plan of

Subdivision appended hereto as Attachment 1, the Conditions of Approval, Attachment

2 and amends Zoning By-law No. 2016-71 in the form appended as Attachment 3.

[11] The Tribunal withhold its Order with respect to the Draft Plan and Conditions

subject to the Municipality advising that the necessary agreements with respect to a no-

pre sales condition has been executed.

''Sharyn Vincent

SHARYN VINCENT

MEMBER

If there is an attachment referred to in this document,please visit www.elto.gov.on.ca to view the attachment in PDF format.

Local Planning Appeal TribunalA constituent tribunal of Environment and Land Tribunals Ontario

Website: www.elto.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

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Subject:

ATTACHMENT 2

CONDITIONS OF DRAFT APPROVAL

19T-14K01

Owner/Applicant; Nobleton Estates IncAgent; KIM Planning Partners Inc.

AGENCY/DEPARTMENT

CONDITIONCLEARANCE

AGENCY

PUNNING

DEPARTMENT1

The Plan shallrelateto the draftplanofSubdivision, preparedbyKLM Planning Partners, datedJune12,2015 and subject to the following revisions:• minor road alignment,

• temporary turning circles.

PLANNING

PUNNING

DEPARTMENT2

TheOwner shall convey the following lands, without monetary consideration and free from allencumbrances:

a) Block6 for open space purposes, to the Township:b)Block 7forbuffer purposes, to the Township or theToronto andRe^onConservation Authority;

PLANNING

PUNNING

DEPARTMENT;

ENGINEERING,

PUBUC WORKS

AND BUILDING

DEPARTMENT

3

The Owner andallencumbrancers shall enterIntoa Subdivision Agreement, which shallIdentify howalldraftplanconditions are beingaddressed, withtheTownship of King asapproved byCouncil, to beregistered ontitleofthe landsandpursuantto the provisions ofthe Planning Act, to satisfy allof therequirementsand conditions of the Township withrespect to the developmentof the lands,financial andotherwise, including butnotlimited to,as theTownship may consider necessary, the preparation ofaildetailed engineering design to the satisfaction oftheTownship Director of Engineering, Public Works andBuilding, payment ofdevelopment charges, the provision ofroadsandmunicipal services, landscaping andfencing.

TheOwner shallalsoagreeinthe Subdivision Agreement to comply withallofthe financial, legal, andengineering requirements asadoptedbyCouncil forthe Township of King andshall agreeto participate inapre-designconsultation meetingwith Township of King staff regardingthe constructionof roadsandservices.

PUNNING

PUNNING

DEPARTMENT4

Theownerand allencumbrancers shallagree inthe Subdivision Agreement, to be registeredasa firstchargeagainstallof the landsaffected,to provide at the Owner'sexpenseallservicesbasedon currentdesign standards approved bythe Township, andwithoutlimiting the generality of the foregoing, suchservices shallinclude sanitarysewers,watermalns, storm sewers,foundation draincollector(FDC) sewers,sidewalks, pavedroads,curbs, gutters,LEO street lighting, underground utilities, tree planting, walkways,fencing andscreening, stormwater management controlincluding UD (Low Impact Development) facilities,public trails and walkways, and sodding.

PUNNING

PUNNING

DEPARTMENT5 Priorto final approval the Owner shall provide all processing and administrative fees. Suchfees willbe

charged at prevailing rates of approvedTownship Policies and By-laws on the dayof payment.PUNNING

PUNNING

DEPARTMENT6

Theroadallowances Included withinthisdraft planofsubdivision shallbe dedicatedas publichighwayswithoutmonetaryconsideration and free of allencumbrances.Roadwidenings, daylighttriangles, walkwayblocks, environmental and bufferblocks, and parkblocks and0.3mreserves included within thisdraftplanofsubdivision shallbe dedicated to the Township of King or the Region of York without monetaryconsideration and free of all encumbrances.

PUNNING

PUNNING

DEPARTMENT7

TheOwner shall agree In the SubdivisionAgreement that any dead ends or open sides of road allowancescreated by this draft plan of subdivisionshall be terminated in0.3 metre reserves, to be conveyed to theTownship without monetaryconsiderationand free of allencumbrances,to be held by the Township untilrequired for future road allowances or development of adjacent lands. Atsuch time as a road terminatingat a 0.3 metre reserve is to be extended, the Township will lift the reserve.

TheOwnershallfurther agree Inthe subdivision agreement to makeanynecessaryarrangementswith theTownship and/or Region of York with respect to the liftingof any existing0.3 metre reserves Inorder toprovide for access and development of the subject lands.

PUNNING

PUNNING

DEPARTMENT8

Prior to Final Approval the Director of Planning shall be satisfied that the Region of Yorkhas confirmed thatadequate water supplyand sanitary sewage treatment facility and related infrastructure capacitiesareavailable for the proposed development.

PUNNING

PUNNING

DEPARTMENT9

TheTownship of King shall have assigned by By-lawor resolution of Council,the required amount ofmunicipal water and sanitary sewer allocationfor the number of units/lots to be registered in any phase ofdevelopment proposed within the draft plan of subdivision.

PUNNING

PUNNING

DEPARTMENT10 TheOwner shall agree in the SubdivisionAgreement to save harmless the Townshipand the Regionof York

from anyclaimor actionas a result of water or sanitaryservicing not beingavailablewhen anticipated.PUNNING

PLANNING

DEPARTMENT11

TheOwner shall agree in the Subdivision Agreement that in the event that the Draft Approved Plan is notRegistered within three (3) years from the date which DraftApproval by the Townshipbecomes final, thedraft approval may lapse at the discretion of the Township but may be extended by the Township subject toany revisions to the draft conditions determined appropriate by the Township in consultation with theRegion of Yorkand other agencies.

In the event that the Draft Approved Plan is not Registered within three (3) years from the date which DraftApprovalby the Township becomes final, the Township may re-consider the servicingallocation and assignit to another development.

PLANNING

PLANNING

DEPARTMENT12

The Owner shall agree in the Subdivision Agreement to implement the recommendations of the studies,plans and reports referred to in the draft plan conditions and/or other studies, plans, reports providedduring the review of the draft plan of subdivisionand detail design, as required by and to the satisfaction ofthe Directorof Planningand Director of Engineering,PublicWorks and Building.

PLANNING

PLANNING

DEPARTMENT13

TheOwner shall have prepared, by a qualified professional, for the review and approval of the TownshipDirector of Planning in consultation with any necessary peer-review consultant (at the Owner's expense),recommendations with respect to energy efficient housing design and construction techniques such asEnergyStar, to improve the energy efficiencyof the homes within the draft plan, and proposeimplementation methods.

PLANNING

That a ZoningBy-lawfor the development of these lands with appropriate "Holding" provisions shall havebeen passed under Section 34 of the Planning Act, R.S.0.1990, c.P.13, as amended, and be in full force andeffect prior to registration of the plan.

PUNNING

DEPARTMENT14

Further, that the Zoning By-law adopted to implement this plan of subdivision contain "Holding" provisionsto ensure that prior to the lifting of the H-Hold!ng provisions that arrangements satisfactory to theTownship and the Region of York are In place with respect to the provision of municipal water, sanitarysewer, stormwater management fadlldes, roads/streets, contingency fire protection measures, subdivisionand site plan agreement requirements, noise attenuation measures, access, and other matters as

necessary.

PLANNING

PUNNING

DEPARTMENT15

The Owner shall agree to provide to the Township digital files (PDF, dxf, dwg or shp file format) of theregistered plan of subdivision and any reference plans related to applicable easements, rights-of-way,etc.,all to the satisfaction of the Director of Planning. The Owner shall agree in the Subdivision Agreement toprovide a mylar, electronic PDFcopies, and fifteen (15) paper copies of the Registered Plan to the TownshipClerk.

The Owner shall also agree to provide an Ontario Land Surveyor certificate confirming that ail of the lots

and blocks within the Plan, or any phase thereof, fully comply with the provisions of the Township of KingZoningBy-lawsapplicable to the subject lands including,without limiting the discretion of the Township asto the form of the said certification, a copy of the Plan or any relevant phase thereof showing the relevantzoning designation for each lot.

PLANNING

Prior to final approval, or the release of building permits for model homes if permitted by the Townshipprior to registration of the Plan, whichever occurs first, architectural control design guidelines to be appliedto the entire draft plan shall be submitted for approval by the Director of Planning.The architecturalcontrol design guidelines shall address and be consistent with the approved Urban Design Guideiines"noted In Condition19, which shall be revised to address any comments by the Township, to the satisfactionof the Director of Planning.

PUNNING

DEPARTMENT16

The Owner shall agree In the subdivision agreement that:a) a control architect satisfactory to the Township shall be retained at the cost of the Owner, to ensure thatall development proceeds In compliance with the approved architecturai control design guidelines;

b) prior to the submission of individual building permit applications, the control architect shall havestamped and signed the drawings certifying compliance with the approved architectural control designguidelines;

c) the Township may undertake periodic reviews to ensure compliance with the architectural control designguidelines; should inadequate enforcement be evident, the Township may cease to accept drawingsstamped by the control architect and retain another control architect at the expense of the Owner.

PLANNING

PLANNING

DEPARTMENT

PUNNING

DEPARTMENT

PLANNING

DEPARTMENT

PUNNING

DEPARTMENT

PUNNING

DEPARTMENT

17

18

19

20

21

Prior to final approval, the Owner shall submit an Urban DesignGuidelines Report to the satisfaction of theTownship,which shall identify all the urban design objectives for the draft plan.Thefinal report shaii address any comments providedby the Township to the satisfactionof the DirectorofPlanning, including:• internal landscaping on boulevards as it relates to the road rights-of-ways and the location ofunderground services (le. typical road sections incorporating boulevard trees);• co-ordination of the urban design/streetscape elements as they relate to all streets within the PlanIncluding entrance features and medians;• landscaping includingfencing, gateway features and typicalcross-sections required to determineappropriate locations for buffer landscaping.• the appropriate landscape treatment and configurationfor the stormwater management pond andlandscaping &walkways within environmental buffers.• The location and paving treatment of community mail boxes.• illustrate interfaces between residential blockand open space and collector road systems; private-publicinterface,particularlywith respect to the open space system;entrance features and integrationwith, orbuffering for adjacent existing neighbourhoods.

Thelocation, route and de^gn of the publictraii/walkway systemin the bufferblocks, parkblock, andother areas of the draft plan, and any revisions to add additional walkway blocks as necessary

TheOwner shall agree in the SubdivisionAgreement to implement the recommendations and requirementsof the Urban Design Guidelines at no cost to the municipality.

Theowner agrees to provide a certificate signed by an Ontario LandSurveyor and the Owner that the planproposed to be submitted for registration is the same as the latest (most recent) draft approved plan and, ifthe plans are not the same, that any differences between the proposed registered plan and the latest draftplan are accepted by the Township.

That the Owner agree in the SubdivisionAgreement, that prior to any soil disturbance or pre-grading of thelandswithinthis plan, a Stage 1and Stage 2 Archaeological Assessmentshaiibe completed in accordancewithProvincial guidelines,to the satisfaction of the Directorof Planningand the Ministryof Cultureand,further, that a Stage3 and/or a Stage 4 ArchaeologicalAssessment(s)may be required if archaeologicalremains are identified through the Stage 2 assessment. The Owner shall agree to implement therecommendations of the ArchaeologicalAssessmentjs) includingany related revisions to the draft plan asmay be required to the satisfaction of the Director of Planning.

The Ownershallacknowledge and agreein the Subdivision Agreement, priorto anygrading, site servicing,or demolition works and prior to final approval, to implement the recommendations of a Cultural HeritageAssessment report, to the satisfaction of the Directorof Planning.

TheOwner shall cause the following information to be displayed on the interior wail of the sales office,information approved by the Director of Planning, prior to offering any units for sale, to be monitoredperiodicaiiy by the Township. No building permit shall be issued for a sales office or model home, or aresidential unit until such information is approved by the Directorof Planning.a) the Plan for the broader area, showing surrounding land uses, arterials/highways, railwaysand hydrolines etc.

b) the location of street utilities, community mailboxes, entrance features, fencing and noise attenuationfeatures, together with the sidewalk plan approved in conjunction with draft plan approval.c) the location of parks, open space, stormwater management facilities and trails.

d) the location of institutional uses, including schools, places of worship, community facilities.e) the location and type of commercial sites.f) colour-coded residential for singles, semis, multiples, and apartment units.g)The followingstatement on the plan/map: "Thismap is based on information available as of (date ofmap), and may be revised or updated without notification to purchasers." (In such circumstances, theOwner is responsible for updating the map and forwarding it to theTownship for verification.)

PUNNING

PLANNING

PUNNING

PUNNING

PUNNING

PARKS

DEPARTMENT

AND PUNNING

DEPARTMENT

PLANNING

DEPARTMENT

CLERK

DEPARTMENT

CLERK

DEPARTMENT

PUNNING

DEPARTMENT

22

23

24

25

26

h) Until the plan Is registered the followinginformation must also be shown in BOLD CAPITAL TYPE:THE PLANOF SUBDIVISIONIS NOT YETREGISTERED;

THE CONSTRUaiON OF THE HOMES CANNOT COMMENCE UNTIL AFTER REGISTRATION AND THE ISSUING

OFBUILDING PERMITS (EXCLUDING MODEL HOMES);

THATNOTWITHSTANDINGTHE EXPECTATIONS OF THE VENDORSAND PURCHASEOF HOUSES, ITIS POSSIBLE

THAT DELAYSCOULD OCCUR WITH RESPECT TO THE REGISTRATION OF THE PUN OF SUBDIVISION AND THE

ISSUINGOF BUILDING PERMITS. WHICHMAYAFFECT THEABILITY OF THE VENDORSTO PERFORMTHEIR

OBLIGATIONS WITHIN THE TIME PRESCRIBED IN ANY AGREEMENTS OF PURCHASE AND SALE."

The plan required by this condition shall be approved by the Director of Planning prior to the Owneroffering dwelling units for sale and/or registration of the plan, whichever occurs first.

The Owner shall dedicate to the Township without monetary consideration and free of all charges andencumbrances, the parkland dedication and/or cash-In-lieu of parkland at the discretion of the Township,as required under the Planning Act, Parkland By-law2011-120, as amended, and the KingCityCommunityPlan. Lands used for trail purposes (unless they are located In a Park block) and environmental lands shallnot be Included as part of the parkland dedication requirement.

TheOwner shall agree In the subdivision agreement that, at the Township's sole discretion, cash-in-lleu ofparkland in accordance with the Planning Ad, Parkland By-law2011-120, as amended, and the KingCityCommunity Plan, shall be paid to the Township by the Owner prior to final approval. Prior to the executionof the subdivision agreement, the required payment to the Township shall be calculated in accordance withthe Township's Parkland By-law 2011-120, as amended, to the satisfaction of the Township's Director ofRnance and Treasurer, including an appraisal report and/or other Information required by the Director ofFinance and Treasurer,

or other arrangements to the satisfaction of the Township of Kingand In accordance with the conditionsand requirements of the Subdivision Agreement. The appraisal report and/or other Information required bythe Director of Finance shall be at the Owner's cost

ifdetermined necessary by the Director of Planning, Director of Parks and Recreation prior to final approvaland registration of the plan, the Owner shall enter Into a parkland dedication agreement with the Townshipreconciling parkland dedication andcashinlieuofparkland requirements, ifany,forthe lands.TheOwner shallagree Inthe Subdivision Agreementto place a sign to be not less than 1.2 metres by 1.2metres on all blocks (I.e. parkland, stormwater management facilities and Institutional, as applicable) toadvise of the future use of these blocks, and to maintain these signs In good condition until such time as theland Is developed. This signage is to be erected to the satisfaction of the Director of Planning prior to theregistrationof the plan.

That prior to final approval and registration of the plan, all road allowances shall be named to thesatisfaction of the Township and the Regionof York. Inthis regard the Owner shall submit a list of proposedstreet names in accordance with the Township's street naming policy to the Clerk for approval by Council.

The Owner agree in the subdivision agreement to obtain the municipal address from the Clerkfor each lotand that street address numbers shall be permanently embedded in or attached to the exterior of eachdwelling, to the satisfaction of the Township.Where the Owner proposes to proceed with the construction of a model home(s), the Owner shall enterinto an agreement with the Township setting out conditions in accordance with the Township's policyandshall fulfill relevant conditions of the said model home agreement prior to the Issuance of any buildingpermit.

PARKS

PUNNING

FINANCE

PUNNING

CLERK

CLERK

PUNNING

PARKS

DEPARTMENT

PLANNING

DEPARTMENT

PLANNING

DEPARTMENT

ENGINEERING,

PUBLIC WORKS

AND BUILDING

DEPARTMENT

ENGINEERING,

PUBLIC WORKS

AND BUILDING

DEPARTMENT

ENGINEERING,

PUBLIC WORKS

AND BUILDING

DEPARTMENT

ENGINEERING,

PUBLIC WORKS

AND BUILDING

DEPARTMENT

ENGINEERING,

PUBLIC WORKS

AND BUILDING

DEPARTMENT

27

28

29

30

31

32

33

Prior to registration of the Plan, the Owner shall prepare an Open Space Landscape Master Plan shalladdress and be consistent with DesignGuidelines which shall be revised to address any comments by theDirectorof Planning.The Plan shall include detailed siting, route, and design information for the publictrail/walkway system within the draft plan which Is to be located in the buffer blocks and other areas of thedraft plan, in accordance with an approved trail plan for the draft plan approved by the Directorof Planningand Director of Parks and Recreation. The Owner shall agree in the subdivision agreement to construct ailof the trails within the draft plan at the Owner's sole cost, to the satisfaction of the Director of Planning andDirector of Parks and Recreation.

These plans shall conform to the approved Urban Design/Landscape Guidelines for the Draft Plan and thelatest version of the Township's Development Standards, Policies and Guidelines. The Owner shall agree inthe Subdivision Agreement to prepare detailed landscape construction drawings and Implement theapproved Open Space Landscape Master Plan to the satisfaction of the Director of Planning and Director ofParks and Recreation. These plans will be implemented by the Owner at his cost with the exception of thepark block.

Prior to registration of the Plan, the Owner shall prepare a Landscape Plan to the satisfaction of the Directorof Planningand Directorof Engineeringand PublicWorkswith respect to screening, privacyand bufferpurposes in relation to the adjacent neighbouring lands. The Owners shall acknowledge and agree in theSubdivision Agreement to enter into a covenant.

TheOwner shall provide a tree assessment Includingan inventory of all existing trees, assessment ofsignificant trees to be preserved and proposed methods of tree preservation and/or remedial plantings inaccordance with the Township's Development Design Criteria respecting the preservation and protection oftrees and vegetation. The Owner further agrees not to remove trees without the written approval of theTownshipof Kingand to satisfy all provisions of the Regionof YorkTree By-law. New tree plantings shall belarger caliper trees to the satisfaction of the Director of Engineering, Public Works and Building.

The Owner shall further agree to undertake reasonable efforts to relocate trees that are to be removedfrom the area of site grading and alteration and place such trees in other more appropriate locations on theproperty.

The Owner shall agree in the Subdivision Agreement to implement the recommendations of the report andplan.

TheOwner shall agree in the subdivision agreement to provide upgraded screening (fencing, plantings orcombination of both] within the iot(s) along the rear and/or side lot line, as applicable, for the purposes ofscreening between the lots within the draft plan and the existing residential homes/lots.

Ifany plantings or screening will be located on lands of adjacent owners, the Owner shall enter into anagreement withanysuchadjacentownerto provide forsuchplantings orscreening.TheOwner acknowledgesthat finalengineeringdeslgnfs)may result Invariationsto the Plan(i.e. in theconfiguration of road allowances, storm water management block, and lotting, number of lots, etc.) whichmay be reflected in the final plan to the satisfactionof the Directorof Engineering, PublicWorksandBuildingand Director of Planning.

The Owner shall submit a Phasing Plan for the review and approval of the Director of Engineering, PublicWorksand Building and Director of Planning which details the order and progression of the developmentand construction of the phases/stages of the draft plan of subdivision. The Phasing Plan shalladdress/indicate:

the orderly development of the subject lands, together with consideration for adjacent lands and accessand servicing connections thereto; and the orderly sequence of services;ii. available water and sanitary servicing capacity;ill. the timing of the construction of associated servicing works, stormv/ater management facilities(temporary and permanent), roads improvements, internal and external to the draft plan,iv. the first phase/stage shall Include ail the municipal infrastructure and municipal blocks, and morespecifically, shall Include the stormwater management and related drainage facilities,ailenvironmentallands (and related buffers) to be conveyed into public ownership, and other blocksas required by and tothe infrastructure and municipal blocks, and more specifically, shall Include the stormwater managementand related drainage facilities, all environmental lands (and related buffers) to be conveyed into publicownership, and other blocks as required by and to the satisfaction of the TownshipDirectorof Planning.TheOwner shall agree in the SubdivisionAgreement to provide a financialcontribution equal to the full lifecyclecost for any dedicated Foundation DrainCollectorSystem(3rd sewer pipe) required for thedevelopment. Sump pumps shall not be used for foundation drainage except where permitted andapproved bythe Director of Engineering, Public Works andBuilding.

PARKS

PLANNING

PLANNING

EPWB

EPWB

EPWB

EPWB

ENGINEERING,

PUBLIC WORKS

AND BUILDING

DEPARTMENT

34

TheOwner shall agree in the SubdivisionAgreement to provide to the Director of Engineering,Public Worksand Buildingengineering drawings for and to construct to the satisfaction of the Township, plannedwatermalns, sanitary sewage works, and storm water management works, sanitary sewage works,telecommunications and Internet service (including provisions for broadband via fibre optic cable), theelectricalsupply system and/or other infrastructure, as determined to be necessary by the DirectorofEngineering, PublicWorksand Buildingincludingapproved connections to existingsystems, both withinand external to the draft plan of subdivision.

Prior to the registration of the plan, the Owner's surveyor shall submit to the Director of Engineering, PublicWorksand Building, horizontal co-ordinates of all boundary monuments for the approved draft plan ofsubdivision.

EPWB

ENGINEERING,

PUBLIC WORKS

AND BUILDING

DEPARTMENT

35

Theengineering drawings and designs of the above servicingworks, shall address, include and makeallowance for the construction of services for external lands, which rely upon or connect through thesubject lands and the Owner shall agree in the Subdivision Agreement to make satisfactory arrangementswith the Township so that the construction of these works is coordinated with the subdivisiondevelopment, all to the satisfaction of the Director of Engineering, PublicWorks and Building.

EPWB

ENGINEERING,

PUBLIC WORKS

AND BUILDING

DEPARTMENT

36

Prior to final approval the Owner shall have prepared by a qualified professional and to the satisfaction ofthe Director of Engineering,PublicWorks and Buildinga Functional ServicingReport In accordance with therequirements of the Township of King Designcriteria (as amended from time to time), for the review andapproval of the Townshipof King. The Owner shall agree Inthe SubdivisionAgreement to carry out, orcause to carry out, the recommendations set out in the approved report, to the satisfaction of the Directorof Engineering, Public Works and Building.

EPWB

ENGINEERING,

PUBUC WORKS

AND BUILDING

DEPARTMENT

37

The Owner shall have prepared by a qualified professional and to the satisfaction of the Director ofEn^neertng, Public Works and Building a water system hydraulic analysis and report that will addressinternal and external impacts of the draft plan of subdivision on the existing water system, for the reviewand approval of the Directorof Engineering,PublicWorks and Building. Thisshall Include updating andcalibrating the existing model.

The owner shall agree in the Subdivision Agreement to cany out, or cause to carry out, therecommendations set out In the approved report, to the satisfaction of the Township Director ofEngineering, Public Works and Building.

EPWB

ENGINEERING,

PUBLIC WORKS

AND BUILDING

DEPARTMENT

38

TheOwner acknowledges and agrees that the need for improvements to the Township's water distributionsystem. If any. will be based on an updated calibrated model of the Township's Water Distribution System.Should the modeling provided indicate the need for improvements to the external system, the Owner shallcontribute their share of the cost of any external upgrades to the existing water distribution system shoulda calibrated model Indicate it Is required to adequately service the water demands of the Draft Plan. TheOwner shall provide the calibration of the Township's Water Distribution System model to the satisfaction

of the Director of Engineering, Public Works and Building.

EPWB

ENGINEERING,

PUBLIC WORKS

AND BUILDING

DEPARTMENT

39

The Owner agrees that the water distribudon system for this draft plan of subdivision shall be loopedwithin this draft plan of subdivision and with the existing watermain system on the periphery of this draftplan of subdivisionas necessary, and that allowance shall be made for the future servldng of parcels ofland abutting this draft plan of subdivision as required by the Director of Engineering,PublicWorks andBuilding.

EPWB

ENGINEERING,

PUBLIC WORKS

AND BUILDING

DEPARTMENT

40TheOwner shall agree that no building permits willbe applied for nor Issued until the Director ofEngineering, PublicWorksand BuildingIssatisfied that adequate access, municipalwater, sanitary andstorm services are available to service the development.

EPWB

ENGINEERING,

PUBLIC WORKS

AND BUILDING

DEPARTMENT

41

The Owner shall have prepared by a qualified professional and to the satisfaction of the Director ofEngineering, Public Works and Buildinga sanitary system analysis and report that v/ill address Internal andexternal Impacts of the draft plan of subdivision on the existing sewer system, for the review and approvalof the Director of Engineering, Public Works and Building.This shall include updating design sheets of theexisting system based on the proposed sewage flows. The Owner shall agree In the Subdivision Agreementto carry out, or cause to carry out, the recommendations set out in the approved report, to the satisfactionof the Director of Engineering, Public Works and Buildingat no cost to the Township.

EPWB

ENGINEERING, .

PUBLIC WORKS

AND BUILDING

DEPARTMENT

42

The Owner shall have prepared by a qualified professional and to the satisfaction of the Director ofEngineering,PublicWorks and Buildinga traffic report that will address internal andexternal traffic impacts of the draft plan of subdivision, for the review and approval of the Director ofEn^neerlng, Public Works and Building.The Owner shall agree in the Subdivision Agreement to carry out,or cause to carry out, the recommendations set out In the approved report, to the satisfaction of theTownship Director of Engineering, Public Works and Building.

EPWB

ENGINEERING,

PUBUC WORKS

AND BUILDING

DEPARTMENT

43

Prior to pre-servicing or registration of the Plan, whichever comes first, the Owner will be required toprepare a detailed Stormwater Management Report in accordance with Township Design Criteria togetherwith the necessary hydrology, specific to the proposed development, to ensure that the proposedstormwater facilities and associated infrastructure have been appropriately sized to provide the necessarystorage needed to control post development flowsIn accordance with unit flowrates established by theTRCA, all to the satisfaction of the Director of Engineering,PublicWorks and Buildingand TRCA. The reportshould also address LowImpact Development (LID) measures includingInfiltration,lot level controls,conveyance controls and end of pipe controls. In addition, this report is to Includea water balance analysison a catchment and land use basis together with a mitigation strategy. The Owner shall agree In theSubdivision Agreement to carry out or cause to carry out the recommendations of the approved report.

Ifit is determined that the pond blocks have to be increased In size, then the appropriateadjustments/revisions will need to be applied to the draft plan, ail to the satisfaction of the Director ofEngineering,PublicWorks and Building. These adjustments may Include changes to adjacent lots or blocks.

EPWB

ENGINEERING,

PUBUC WORKS

AND BUILDING

DEPARTMENT

44

TheOwner shall agree to prepare a Construction Management Report to address, but not be limited to, thefollowing issues and further agrees to undertake all recommendations outlinedInthe said report subject to the approval of Township Director of Engineering,PublicWorks and Building:a. Site access

b. Construction limits;

C. Sediment controls;

d. Vegetation protection;e. Construction timing as It relates to protection of natural areas;f. Well impact from any dewatertng activitiesg. Site stabilization.

EPWB

ENGINEERING,

PUBUC WORKS

AND BUILDING

DEPARTMENT

45

Prior to final approval, the Owner shall submit a noise and/or vibration study, prepared by a qualifiedconsultant for approval by the Director of Engineering, PublicWorks and Building.The preparation of the noise report shall include the ultimate traffic volumes associated with thesurrounding road and rail network. The Owner shall agree In the Subdivision Agreement to Implement thenoise attenuation features and other recommendations of the report and to include warning clauses, asmay be required therein, in the Purchase and Sale Agreements.

EPWB

ENGINEERING,

PUBUC WORKS

AND BUILDING

DEPARTMENT

46

TheOwner shall agree to supply and install all acoustic barriers, as recommended In the noise study asapprovedby the Director,prior to occupancyof any affected dwellingsin those locationsas indicated onthe approved construction drawings to the satisfaction of the Directorof Engineering,PublicWorksandBuilding.

EPWB

ENGINEERING,

PUBUC WORKS

AND BUILDING

DEPARTMENT

47The Owner shall agree In the Subdivision Agreement that all lots or blocks to be left vacant shall be graded,seeded, maintained, signed and fenced if required prohibiting dumping and trespassing, all to thesatisfaction of the Township Director of Engineering, Public Works and Building.

EPWB

ENGINEERING,

PUBLIC WORKS

AND BUILDING

DEPARTMENT

48TheOwner agrees that all lands being conveyed to the Township shall be graded for adequate drainage andseeded/sodded as required by and to the satisfaction of the Township Director of Engineering, PublicWorks and Building.

EPWB

ENGINEERING,

PUBUC WORKS

AND BUILDING

DEPARTMENT

49

TheOwner shall agree that any balance of the lands subject to later phases of development shall bemaintained in accordance with the Township of KingProperty Standards Policies and Bylawand thatmeasures such as fencing be taken to ensure no unauthorized dumping, fiHing or access. The Owner shallagree that all lots or blocks to be left vacant shall be graded, seeded, maintained and signed to prohibitdumping and trespassing.

EPWB

ENGINEERING,

PUBLIC WORKS

AND BUILDING

DEPARTMENT

SO

Priorto the initiation of grading or stripping of topsoll, or prior to registration, whichever comes first, theOwner shall submit an Erosion and Sedimentation Control Plan Including topsoll storage plan detailing thelocation, size, side slopes, stabilization methods and time period, for approval by the Director ofEngineering, PublicWorks and Building.The Owner shall agree in the SubdivisionAgreement to install,inspect, and maintain the erosion and sedimentation controls until all the lots and blocks are graded,sodded and certified by the consulting engineer.

In addition, the Owner shall prepare a Soil Management Plan with the objective of minimizing excess soilgenerated from the site, all to the satisfaction of the Directorof Engineering, PublicWorks and Building.Further, the Owner shall agree to pay the applicable Soil Import/Export Fee in accordance with Township bylawjs), prior to FinalApproval where applicable.

EPWB

ENGINEERING,

PUBLIC WORKS

AND BUILDING

DEPARTMENT

51

TheOwner shall agree In the SubdivisionAgreement that construction access shall be provided only in alocation approved by the Township Director of Engineering, PublicWorks and Buildingand/or theappropriate road authority and be designed Inaccordancewith the Township Standards, to the satisfactionof the Director of Engineering, Public Works and Buildingor the appropriate road authority.

EPWB

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ATTACHMENT 3

THE CORPORATION OF THE TOWNSHIP OF KING

BY-LAW NUMBER 2018-^1

A BV-LAWTO AMEND ZONING BY-LAW NUMBER

2016-71. AS AMENDED

WHEREAS Zoning By-law Number 2016-71, being a By-law to regulate the use of landand the character, location and use of Buildings and structures in the Township of King, waspassed on the ll'^ day ofJuly, 2016;

AND WHEREAS it is deemed necessar/ to further amend By-law Number 2016-71, asamended, and such amendment conforms to Amendment No. 57 and Amendment No. 570 to

the Official Planfor the Township of King, known otherwise as the Nobleton Community Plan.

AND WHEREAS, the matters herein set out are in conformity with the Official Plan of theTownship of King, as amended;

AND WHEREAS authority is granted pursuant to Sections 34 and 36 of the Planning Act,R.S.O. 1990, Chapter P.13, to the Council of the Corporation of the Township of King to exercisesuch powers:

NOW THEREFORE the Council of the Corporation of the Township of King HEREBYENAaS AS FOLLOWS:

1. THAT the lands subject to this By-law consist of Part of Lot 6, Concession 8, Township ofKing, Regional Municipality of York, as more particularly shown on Schedule "1"attached hereto.

2. THAT Schedule "1" and Schedule "2" form part of this By-law.

3. THAT Schedule "A" and Schedule A2 of By-law 2016-71, as amended, is hereby amendedby changing the 2one symbol on the lands described in Part 1 above from "Future

Development [FD]" to "Residential - Single Detached "C" - [R1C-1{H)]", "Residential -Single Detached "C" - (R1C-2{H)]", "Open Space [OS]" and "Environmental Protection[EPj" - as shown on Schedule "1".

4, THAT By-law 2016-71, as amended, is hereby further amended by adding the followingSections following Section 6.5.4:

"SECTION 6.5.4.1- RESIDENTIAL-SINGLE DETACHED "C"- RlC-lfH)l ZONE

No person shall within the Residential - Single Detached "C" - [RlC-l(H))Zone, use any Lot or erect, alter or use any Building or Structure exceptin accordance with the following provisions below and unless otherwisestated in this By-law, all other provisions of Zoning By-law 2016-71 shallapply, including the provisions of the parent zone.

I. The width of a private garage shall be measured between the interiorfaces of the private garage.

II. The front face of a garage shall be deemed to be the wall containing thedoor(s) allowing vehicular access to the garage.

III. The minimum lot frontage shall be 14.5 m.

IV. Ifthe front face of an attached private garage faces the front lot line, theattached private garage shall be located at least 1.5 m further from thefront lot line than either the portion of the dwelling closest to the frontlot line or the portion of the porch closest to the front lot line. In noinstance shall an attached private garage facing the front lot line belocated closer than 6.0 m from the front lot line.

V. If the width of an attached private garage facing the front lot lineexceeds 6.0 m, the front face of the attached private garage for theportion of the garage in excess of the initial 6.0 m garage width shall belocated at least 1.5 m further from the front lot line than the front face

of the initial 6.0 m garage width.

VI. The minimum rear yard shall be 7.5 m.

VII. The minimum side yard shall be 1.5 m. The minimum side yard on atleast one side of the dwelling on an interior lot shall be 3.35 m if adetached private garage is located in the rear yard or if a private garageattached to the rear wall of the dwelling is located abutting the rearyard.

VIII. The maximum width of a private garage shall not exceed 9.0 m.

IX. A parking space within a private garage means an area measuring aminimum of 2.6 m by 5.8 m exclusive of any aisles or ingress and egresslanes, useable for the temporary parking or storage of motor vehicles.

X. The minimum number of parking spaces required shall be two (2)parking spaces for each dwelling unit.

XI. No portion of the walls or doors of a private garage shall be deemed tobe obstructing a driveway or passageway.

XII. Porches with or without roofs and with or without foundations not

exceeding 1 storey in height may encroach no more than 2.4 m into theminimum front and/or rear yard.

XIII. The structures associated with a porch (including sills, belt courses,cornices, gutters, pilasters, eaves, parapets, canopies, overhangs.

railings and steps may encroach into any minimum yard provided saidstructure is located no closer than 1.0 m from the front or rear lot line.

XIV. A detached private garage facing a street line shall be set back at least6.0 m distant from said street line.

XV. Notwithstanding the definition of "Lot Area" to the contrary, any portionof the lot used as a right of way or easement may be included incalculating Lot Area.

XVI. Notwithstanding the definition of "Lot Frontage" to the contrary, anydistance between the side lot lines traversed by a right of way oreasement may be included in the calculation of Lot Frontage.

XVII. Notwithstanding any other provision to the contrary, central aircondition units and heat pumps shall be permitted in any required yardexcept the required front yard, provided that any such unit is setback aminimum of 0,6 metres from a lot line.

XVIII. The maximum width of a driveway shall be 9.0 metres except within theFront Yard Minimum where the maximum driveway width shall be 6.0metres.

Notes:

(1) Notwithstanding Section 6.5.4.1 of this By-law, the lot identified as LotNumber 2 on the Draft Plan of Subdivision 19T-14K01 shall have an east

minimum side yard of 3.0 metres.

(2) Notwithstanding Section 6.5.4.1 of this By-law, the lot identified as LotNumber 3 on the Draft Plan of Subdivision 19T-14K01 shall have a west

minimum side yard of 3.0 metres.

"SECTION 6.5.4.2-RESIDENTIAL-SINGLE DETACHED "C" - fRlC-2fH)1 ZONE

No person shall within the Residential - Single Detached "C" - [R1C-2(H)]Zone, use any Lot or erect, alter or use any Building or Structure exceptin accordance with the following provisions below and unless otherwisestated in this By-law, all other provisions of Zoning By-law 2016-71 shallapply, including the provisions of the parent zone.

I. The width of a private garage shall be measured between the interiorfaces of the private garage.

II. The front face of a garage shall be deemed to be the wall containing thedoor(s) allowing vehicular access to the garage.

III. The minimum lot frontage shall be 10.0 m.

The minimum front yard shall be 39.0 m.

IV. If the front face of an attached private garage faces the front lot line, theattached private garage shall be located at least 1.5 m further from thefront lot line than either the portion of the dwelling closest to the frontlot line or the portion of the porch closest to the front lot line. In noinstance shall an attached private garage facing the front lot line belocated closer than 40.5 m from the front lot line.

V. If the width of an attached private garage facing the front lot lineexceeds 6.0 m, the front face of the attached private garage for theportion of the garage In excess of the initial 6.0 m garage width shall belocated at least 1.5 m further from the front lot line than the front face

of the Initial 6.0 m garage width.

VI. A strip of land not less than 3.0 m In width abutting the northerly sidelot line shall be used for no other purpose than landscaping andscreening and shall extend from the street line to the eastern limit of Lot

38 of Registered Plan 65M-4287. Screening shall consist of plantings of acontinuous un-pierced hedge row of coniferous or shrubs at a minimumof 1.8 metres in height and For all other side lot lines, the minimum sideyard shall be 1.5 m. Notwithstanding the above, a fence shall bepermitted to be erected in the landscape area.

VII. The maximum width of a private garage shall not exceed 9.0 m.

VIII. A parking space within a private garage means an area measuring aminimum of 2.6 m by 5.8 m exclusive of any aisles or ingress and egresslanes, useable for the temporary parking or storage of motor vehicles.

IX. The minimum number of parking spaces required shall be two (2)parking spaces for each dwelling unit.

X. No portion of the walls or doors of a private garage shall be deemed tobe obstructing a driveway or passageway.

XI. Porches with or without roofs and with or without foundations not

exceeding 1 storey in height may encroach no more than 2.4 m into theminimum front and/or rear yard.

XII. The structures associated with a porch (including sills, belt courses,cornices, gutters, pilasters, eaves, parapets, canopies, overhangs,railings and steps may encroach into any minimum yard provided saidstructure is located no closer than 1.0 m from the front or rear lot line.

XIII. A detached private garage facing a street line shall be set back at least40.5 m distant from said street line.

XIV. Notwithstanding the definition of "Lot Area" to the contrary, any portionof the lot used as a right of way or easement may be included incalculating Lot Area.

XV. Notwithstanding the definition of "Lot Frontage" to the contrary, anydistance between the side lot lines traversed by a right of way oreasement may be included in the calculation of Lot Frontage.

XVI. Notwithstanding any other provision to the contrary, central aircondition units and heat pumps shall be permitted in any required yard

except the required front yard, provided that any such unit is setback aminimum of 0.6 metres from a lot line.

XVII. The maximum width of a driveway shall be 9.0 metres except within theFront Yard Minimum where the maximum driveway width shall be 6.0metres.

5. THAT the following Holding (H) provisions shall apply as follows:

I. Council for the Township of King may amend this By-law to remove the Holding(H) symbol from all or parts of the land, in whole or in stages, which are zonedwith a Holding (H) symbol, to permit the development of the lands inaccordance with the provisions of this By-law, at such time that the followingprovisions, as applicable to the relevant lands/2one(s), have been fulfilled:

(a) That the Council of the Township of King has assigned water andsanitary sewer servicing allocation to all or parts of the lands to which aHolding (H) symbol has been applied. The Holding (H) symbol shallremain for any lands/zone(s), which have not been assigned water andsanitary sewer servicing allocation;

(b) That Draft Plan of Subdivision 19T-14K01 has been draft approved and aSubdivision Agreement has been executed between the Township ofKing and the owner of the lands, which are the subject of this By-lawand any encumbrancer(s), if any.

6. THAT this By-law shall come into force and effect on the day it was passed by theCouncil of the Township of King.

READ a FIRST and SECOND time this day of , 2018.

READ a THIRD time and FINALLY PASSED this day of , 2018.

Steve Pellegrini, Mayor

Kathryn Smyth, Clerk

PART OF LOT 6. CONCESSION 8TOWNSHIP OF KING IN THE REGIONAL MUNICIPALfTY OF YORK

THIS IS SCHEDULE "1" TO BY-LAW N0.2018-^L

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PASSED ON THIS DAY OF

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NORTHCOn WAY

R^SIDEtlriALI

ruLAND SUBJECT TO THIS AMENDMENT

ZONE CATEGORIES

HRIC-I(H) - RESIDENTIAL - SINGLE DETACHED [RIC-I(H)] ZONEBr1C-2(H) - RESIDENTIAL - SINGLE DETACHED [R1C-2(H)] ZONEHOS - OPEN SPACE ZONE• eP - ENVIRONMENTAL PROTCCTION

STEVE PEaEGRINI. MAYOR

2018

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KATHERYN MOYLE, CLERK

PART OF LOT 6. CONCESSiON 8TOWNSHIP OF KING IN THE REGIONAL MUNICIPALTTY OF YORK

THIS IS SCHEDULE 2 TO BY-LAW NO.2018-J

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STEVE PEliEGRINI. MAYOR

PASSED ON THIS DAY OF

SURROUNOINO UNHSSUKJECTTOZONING BV-UW7J-S3. AS AMENDED

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2018

STIBROUNDINO LANDS SORIECTTO

ZONINGBV-LAW74-33.ASAMENDED

KATHERYN SMYTH, CLERK

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