Development Approval & Planning Policy Department

Transcription

1 DP To: From: Mayor and Members of Council Development Approval & Planning Policy Department Meeting: Subject: Zoning By-law Amendment Application The Correct Group of Companies Inc. Part Lot 31, Concession 3 WHS (Chinguacousy) East side of Creditview Road, south of Kennedy Road, Village of Cheltenham Ward: 2 File Numbers: RZ and 21T-85023C RECOMMENDATIONS That Report DP regarding a proposed Zoning By-law amendment application by Riepma Consultants Inc. on behalf of The Correct Group of Companies Inc. for Part of Lot 31, Concession 3 WHS (Chinguacousy), east side of Creditview Road and south of Kennedy Road in the Village of Cheltenham, be received; and That the Director of Development Approval and Planning Policy and the Town Solicitor be authorized to modify as necessary, the proposed redline revisions to the Draft Plan of Subdivision 21T-85023C and the Conditions of Draft Approval, attached as Schedules B and C respectively to Staff Report DP , prior to forwarding to the Ontario Municipal Board; and That the redline revisions to the Draft Plan of Subdivision 21T-85023C and the modifications to the Conditions of Draft Approval be forwarded to the Ontario Municipal Board for approval; and That a By-law be enacted to rezone portions of the subject lands from Rural Residential (RR) and Environmental Policy Area 1 (EPA1) to Open Space (OS), Environmental Policy Area 1 (EPA1) and Environmental Policy Area 1 Exception 405 (EPA1-405) zone categories. EXECUTIVE SUMMARY A Zoning By-law amendment application has been filed to fulfill a condition of a draftapproved plan of subdivision, referred to as the Upper Credit River Estates and formerly as the Birmann Subdivision. While a previous version of this draft plan of subdivision was approved by Regional Council (the approval authority at the time), the current version of this draft plan of subdivision was approved by the Ontario Municipal Board (OMB) in October, The Zoning By-law amendment application proposes to rezone Page 1 of 13

2 DP the Park Block within the subdivision lands as Open Space (OS); refine the Environmental Policy Area 1 (EPA1) zone boundary which coincides with the regulatory floodplain boundary along the southern limit of the subdivision development lands and include certain setback areas of the subdivision lands abutting the floodplain area within Environmental Policy Area 1 (EPA1) zone category; and re-zone the proposed stormwater management facility as Environmental Policy Area 1 Exception 405 (EPA1-405). The application has been circulated to internal departments and external agencies for review comments and a Public Meeting was held on September 4, The application has been reviewed in the context of the Provincial, Regional and Town of Caledon planning policy. Based on this review, staff has no objection to the approval of the subject application The draft approved plan is also subject to proposed redline modifications with respect to a change in servicing from a communal wastewater treatment plan to individual private septic systems. The Town has coordinated a review of the proposed modifications and has determined that the changes to the Draft Plan of Subdivision and implementing conditions of draft approval are satisfactory. Because the OMB has approved the current draft plan and related conditions, the Board has prevailing jurisdiction concerning the approval of the requested modifications which propose to alter the original approval order of the Board. The review of the proposed modifications has been completed and staff is satisfied with the draft plan changes as well as the corresponding changes to the conditions of draft approval. Staff will refer the proposed changes to both the draft plan and related conditions to the OMB for approval. DISCUSSION Purpose (background) The purpose of the Zoning By-law Amendment application is to fulfill a condition of draft approval for the Upper Credit River Estates plan of subdivision which was approved by Regional Council on June 8, 1989, with subsequent modifications approved by the OMB on October 22, The amendment proposes to refine the Environmental Policy Area 1 (EPA1) zone boundary as it corresponds with the southern limits of the subdivision development lands in accordance with the condition of draft plan approval which states: That the Town of Caledon's Restrictive Area Zoning By-law shall contain provisions which will have the effect of: a) placing all lands below the approved limit of development and lands containing natural hazards within the appropriate environmental restrictive use category; and b) placing all lands within the 5m development setback component in an appropriate restrictive use category for lots 17, 18, 19, 32 and 33, which Page 2 of 13

3 DP restricts all buildings and structures including swimming pools, decks, patios and gazebos The application was initially submitted to the Town on January 10, 2005 which at that time, proposed to re-zone the Park Block (Block 34) and the Communal Sewage System Block (Block 35) as Open Space (OS) with the stormwater management facility and the lands below the 100-year storm flood elevation (Block 36) to be zoned Hazard Land (HL). The lots within the subdivision were to remain in the Rural Residential zone. The applicant submitted a balanced cut and fill analysis as part of the Stormwater Implementation Report to support the proposed removal of the southern portion of Lots 17 to 19 from the flood plain and accordingly re-zone the entirety of these lots to Rural Residential. In reviewing the application, the Region did not express any concerns. CVC expressed concerns with regard to the cut and fill balance analysis provided as it did not satisfactorily demonstrate that the southern portion of Lots 18 and 19 could be removed from the floodplain and accordingly be re-zoned Rural Residential without adverse impacts. CVC also indicated that the 5 metre (16.4 ft.) development setback on Lots 17 to 19, as required by the above noted condition, could not yet be determined as this would be contingent on the location of the flood plain limit which needed to be confirmed through the review of the cut and fill balance analysis. The applicant was subsequently advised by the Town to consult with the CVC in order to address these concerns. The first Public Meeting for this application was held on May 4, At this meeting, a number of concerns were expressed specifically relating to the draft-approved plan of subdivision as follows: The number of lots that had been draft-approved by the Board; The performance, operation and maintenance of the proposed communal sewage treatment system; The intersection of the proposed subdivision road and the Caledon Trailway; Lack of public notification about the changes to the draft plan that were approved by the Board; and Outstanding concerns from the CVC regarding the engineering submissions. On June 27, 2013, the applicant submitted a revised draft Zoning By-law to reflect recently proposed changes to the draft plan which will be discussed in the later sections of this report and to address the comments pertaining to the initial application submission. The revised application now proposes the following: Rezone areas within subdivision lands as Environmental Policy Area 1 (EPA1) to reflect the regulatory floodplain boundary along the southern limit of the subdivision development lands. Page 3 of 13

4 DP As required in the conditions of draft approval, the 5.0 metre (16.4 ft.) development setback component from the regulatory floodplain area within Lots 18, 19, 32 and 33 will be included within the Environmental Policy Area 1 (EPA1) zone in order to prohibit structures such as swimming pools, decks and gazebos. Rezone the stormwater management facility as Environmental Policy Area 1 Exception 405 (EPA1-405). Exception 405 will permit the proposed facility as well as non-intensive recreational uses such as a pedestrian trail and nature viewing areas. Rezone the Park Block within the Open Space (OS) zone category. Planning Review Niagara Escarpment Plan (NEP) The subject property is situated within a Minor Urban Centre and is designated as Escarpment Rural Area within the Niagara Escarpment Plan (NEP). Portions of the subject property are also designated as Escarpment Natural Area which reflects the Credit River floodplain area. The subject lands, although located within the NEP, are not subject to NEC Development Control and therefore, no NEC Development Permit approvals are required. The proposed Zoning By-law Amendment application conforms to the policies of the Niagara Escarpment Plan. Region of Peel Official Plan The subject property is designated as Rural System within the Regional Structure (Schedule D ) of the Region of Peel Official Plan. Portions of the property are also designated as Core Area of the Greenlands System which reflects the Credit River floodplain area. The Rural System encompasses lands outside of the 2031 Regional Urban Boundary, including Rural Service Centres, Prime Agricultural Areas, lands identified and protected as part of the natural environment and resource areas. The proposed application meets the policies of the Regional Official Plan. Town of Caledon Official Plan The subject property is located within the Cheltenham Settlement Area (Village) on Schedule A of the Town of Caledon Official Plan. Portions of the property are also designated as Environmental Policy Area which reflects the Credit River floodplain area. The settlement area policies of the Town Official Plan indicate that residential uses shall be the predominant land use within village settlements. Staff is of the opinion that the proposed Zoning By-law amendment meets the general intent and purpose of the Caledon Official Plan. Comprehensive Zoning By-law No , as amended The subject lands are currently zoned Rural Residential (RR) and Environmental Policy Area 1(EPA1) as per Zoning By-law , as amended. The Zoning By-law amendment application has been submitted in order to satisfy a condition of draft plan approval and is proposing to Page 4 of 13

5 DP refine the existing Environmental Policy Area 1 (EPA1) zone boundary to coincide with the approved limits of development for the subdivision lands. In addition, a 5.0 metre (16.4 ft.) development setback component from the regulatory flood area within certain lots will be included within the Environmental Policy Area (EPA1) zone category to prohibit structures such as swimming pools, decks and gazebos. An implementing bylaw with details of the proposed modifications has been placed on the agenda for Council consideration. Staff has no objection to the proposed rezoning application. Draft Plan of Subdivision The Upper Credit River Estates plan of subdivision has an extensive history. The initial draft plan application submission was made by Ernest K. Birmann to the Region of Peel in August, This initial plan proposed 24 lots to be serviced by private wells and septic systems. In review of this application, Peel Health expressed concerns indicating that the proposed density could only be achieved if serviced by a communal water supply. A revised draft plan application was therefore submitted in January, 1987 showing 30 lots on a cul-de-sac serviced by a communal water supply and private septic systems. As a result of evolving concerns raised through agency review, this plan was further revised in October, 1987 to include a revised road layout (now a through-street) showing 23 lots which were also to be serviced by a communal well and individual private septic systems. A Public Meeting regarding this proposed plan of subdivision was held in May, 1988 and at this meeting, members of Council and area residents expressed concerns regarding water supply, water quality, drainage and access to the proposed lots. In May, 1989, Caledon Council recommended to the Region (approval authority at the time) that the 23 -lot Plan be draft approved, subject to various conditions. The Region granted draft approval of this plan on June 8, 1989 ( 1989 Plan ), subject to those conditions recommended by the Town. Mr. Birmann subsequently referred a number of these conditions to the OMB, including the requirements to construct the road to Town standards; to place lands below the flood line in an Open Space Zone category; and to provide boundary fencing adjacent to existing residential lots. In April, 1991, the Board determined that these conditions of draft approval were appropriate and reasonable in terms of both their wording and implementation. In May, 1993, a revised draft plan of subdivision application was submitted to the Region which proposed 33 lots on a through-road connecting Creditview Road to Credit Road and serviced by a communal sewage treatment system. The proposed water supply was to be obtained either from an on-site communal well and pumping facility or from the municipal water system which was planned and eventually constructed on Creditview Road in This municipal water supply was determined to have adequate capacity to service the proposed subdivision. Page 5 of 13

6 DP The revised application was prepared on the basis of a proposed treatment system that was considered at the time to provide an enhanced means of servicing in comparison to the individual private wastewater servicing approach. However, concerns were expressed by various agencies regarding the proposed communal sewage treatment system and the sufficiency of the hydrogeological information submitted in support of the revised application. Based on the concerns that the local community only had an opportunity to review the initial 23 lot proposal on individual systems and was not apprised of the current proposal, Council directed staff to hold a Public Information Meeting on the revised draft plan, which was held on September 28, The main objection expressed from area residents at this meeting was the number of lots in the revised plan of subdivision. In 1999, in support of the updated proposal, Mr. Birmann referred the initial 1989 draft approval conditions to the OMB on the basis that a number of these conditions were no longer relevant as they were not in keeping with the current requirements of various review agencies. At the outset of this hearing which commenced in October, 1999, the Cheltenham Area Residents Association (CARA) submitted a request to the Board to be granted party status at the subject hearing. This request was refused by the Board on the basis that there was no statutory requirement to notify CARA respecting the appeal of the conditions and there was no risk to the public interest which CARA sought to represent because of the long and intense involvement of the Town, the Region and the CVC regarding this matter. In 2000, the Board determined that the revised draft plan of subdivision should be approved but deferred its final order pending receipt of a series of draft plan approval conditions that had been mutually agreed upon by all parties. Having been provided with a final set of draft approval conditions to this effect, the Board issued its final order on October 22, 2001 for the draft approval of the 33 lot plan of subdivision ( 2001 Plan ). The draft approved plan now consisted of an internal cul-de-sac road, being serviced by municipal water and a communal sewage treatment system to be subsequently connected to the proposed Regional Wastewater Treatment Plant (WWTP). This draft approval and related conditions remain in effect. Draft-Approved Plan of Subdivision and Surrounding Land Uses The current draft-approved plan of subdivision consists of the following (see Schedule B ): 33 residential lots averaging 1,970 square-metres (0.49 acres) in area; a 0.19 hectare (0.47 acre) Park Block; a 5.86 hectare (14.5 acre) Open Space Block; and a 0.14 hectare (0.35 acre) Communal Sewage Disposal System Block. The site is located in the Cheltenham Village Settlement Area and is situated immediately north of the Credit River. The subject property is bordered by Creditview Page 6 of 13

7 DP Road to the west and Credit Road to the east. Access is provided to the development from Creditview Road. To the north, the lands are bordered partly by existing residential development fronting onto Kennedy road and the Caledon Trailway, which bisects the proposed road (see Schedule A Location Map). Redline Revisions to the 2001 Draft-Approved Plan Background Following the 2001 OMB draft approval, the lands were acquired by The Correct Group of Companies Inc. (Mr. Alan Furbacher) who would proceed with fulfilling the conditions of draft approval. In this regard, Mr. Furbacher had engaged in discussions with the Region regarding the proposed communal sewage servicing for the development. These discussions were supported by the ongoing work associated with the Cheltenham Village Study exercise, a long-term plan to guide development within the village that was initiated by the Town, the Region and the Credit Valley Conservation Authority (CVC). The servicing component of this study recommended an increase in the existing well water supply, an expansion of the existing reservoir and the construction of a new Wastewater Treatment Plant (WWTP). The communal sewage system to be constructed for the subdivision development was proposed to serve as a pumping station integrated with the WWTP. In the summer of 2009, the Region decided to indefinitely suspend its plans to construct the WWTP for the Village of Cheltenham. Mr. Furbacher then intended to proceed with the design and construction of communal wastewater treatment plant to service the 33- lot subdivision in accordance with the conditions of the 2001 OMB draft plan approval. However, based on concerns with having to maintain and operate this communal system, the Region requested that Mr. Furbacher eliminate the proposed communal wastewater treatment plant and proceed with private wastewater disposal systems for the individual lots. In November, 2012, Mr. Furbacher was advised by the Region to amend his conditions of draft plan approval to have the communal wastewater system reference in the draft approval documents removed. As the draft plan and related conditions were approved by the OMB, the Town would coordinate the review of this revision by circulating to the appropriate agencies with the objective of obtaining comments and preparing appropriate revised draft conditions. The Town would then refer the requested modifications to the OMB for a decision. Proposed Modifications The requested draft plan revisions consist of the following (see Schedule B ): Removal of the references to the communal sanitary treatment plant, to be replaced with individual septic system servicing; Deletion of the Communal Sewer Disposal System Block 35, to be combined with the adjacent Open Space Block 36; Page 7 of 13

8 DP A reduction in the proposed road allowance width from 20 metres to 18 metres; and Modifications to the Consolidated List of Conditions of Draft Plan Approval to reflect the change in the proposed servicing from a communal wastewater treatment system to individual private treatment systems (refer to Schedule C ). Draft Plan Redline Revisions - Agency Review The applicant has proposed to service all 33 lots with Waterloo Biofilter systems equipped with an enhanced nitrate-nitrogen removal component. The Waterloo Biofilter system is an advanced private septic treatment system which utilizes filtration and circulation processes that optimizes the biological degradation of household effluent prior to being discharged to a weeping tile bed. This system can also be equipped with additional effluent recirculation systems and/or enhanced filter components, which are proposed in this application in order to achieve an enhanced nitrate/nitrogen removal from the wastewater effluent. Generally, the Waterloo Biofilter system provides for a more compact design footprint and is therefore often used within smaller lot developments, in hydrogeologically sensitive areas, and/or in areas requiring enhanced effluent treatment. In reviewing the proposed Waterloo Biofilter treatment systems approach for this development, the Region of Peel retained a consulting firm (CIMA+) to determine if the lot sizes are adequate to support the proposed systems without impacts to groundwater and surface water resources in the area. The CIMA+ review was also conducted to determine if CVC s nitrogen recharge concentration requirement for private systems could be achieved. CVC requires that the annual average nitrate-nitrogen concentration recharge into the Credit River from private systems not exceed 3 mg/l in order to protect aquatic habitats. Both CIMA+ (on behalf of the Region of Peel) and the CVC have determined that the use of a Waterloo Biofilter system with an advanced filtration component for each lot within the subdivision is satisfactory from a technical perspective. Their review has verified that the proposed systems will achieve the targeted average annual nitratenitrogen recharge concentration of less than 3.0 mg/l. Accordingly, the corresponding redline modifications to the draft-approved plan and conditions are satisfactory from a technical perspective. As noted previously, because the most current draft plan and related conditions of draft approval were approved by the OMB, the requested redline modifications must be referred back to the Board for approval. A consolidated list of modified draft approval conditions has been prepared in conjunction with the comments received from various internal departments and external agencies. The redlined daft-approved plan and modified conditions of draft plan approval are attached under Schedules B and C to this report which will be forwarded to the OMB for final approval. Page 8 of 13

9 DP CONSULTATION Public Meeting In light of the amount of time that has elapsed since the initial Public Meeting held on May 4, 2005 for the Zoning By-law amendment application, a subsequent Public Meeting was held on September 4, 2013 for this application. Property owners within 120 metres (394 ft.) of the subject lands were provided notice by direct mail as required under the Planning Act. Notification of was also advertised in the Caledon Enterprise and Caledon Citizen on August 15, The purpose of this Public Meeting was to review the proposed zoning by-law amendment with the public and members of Council and to receive input on the subject application. Although minimal comments were provided specifically with respect to the subject zoning by-law amendment, a number of concerns were raised with the related Draft-approved Plan of Subdivision. The following areas of concern expressed at this meeting are summarized with responses as noted below: 1. Concern with the proposed change in servicing from communal wastewater treatment to individual private septic systems and questions concerning procedural status for approving these changes. As noted previously, because the draft plan of subdivision was approved by the OMB, the requested redline modifications to the draft plan based on the proposed change in servicing must be referred back to the Board for approval. The Town has coordinated the review of the proposed modifications which has included a circulation to relevant external agencies and internal departments for comments. A consolidated list of modified draft approval conditions has been prepared in conjunction with the comments received from various departments and agencies in this regard. Based on the completion of this review, staff will be forwarding these materials to the OMB for final review. Both the Region and CVC have no objections to the proposed servicing scheme. 2. Verification requested regarding the requirement for fencing to be installed within the subdivision lands where proposed residential lots will abut private property. A clause has been included within the conditions of draft plan approval which states that the Owner shall provide appropriate fencing (i.e. black vinyl coated chain-link, modified farm fencing or split-rail fencing) to the satisfaction of the Town, around the stormwater management pond, along the Caledon Trailway, and abutting private property where applicable. 3. Safety concern regarding the proposed Caledon Trailway crossing of the subdivision roadway, in proximity to the Creditview Road intersection. Page 9 of 13

10 DP The figure below illustrates the proposed design of the Caledon Trailway crossing and subdivision road intersection, as extracted from the draft Streetscape Plan provided with the detailed subdivision design submission. Staff have reviewed the proposed trailway crossing design with consideration to pedestrian safety and find the design to be satisfactory. A condition of draft plan approval has been included which will require the submission of a plan prior to any site alterations that demonstrates how the trailway users will be diverted around the site during construction. 4. Suggestions that the change to private septic systems should necessitate a reduction of the number of lots to 23, being the number of lots contemplated on private systems in The private septic systems proposed for the 33 lot plan of subdivision has been reviewed by the Region and CVC in accordance with their current standards and requirements. The Region and CVC have indicated that the proposed use of a singlepass Waterloo Biofilter with an advanced filtration component for all 33 lots is satisfactory from a technical perspective as it will meet the appropriate standards of CVC and the lots within the subdivision provide sufficient area to accommodate these systems. 5. Request for a pedestrian nature viewing area and trail connection from the internal cul-de-sac to Credit Road east of the proposed site, to be included in the subdivision design. The Town is supportive of this request. The design details of the pedestrian trail connection and seating area are being determined amongst the applicant, Town and CVC staff through review of the final engineering plans submission and review process as a condition of draft plan approval. Agency and Department Review The Zoning By-law Application and supporting submission materials were circulated to all appropriate external agencies and internal departments for their review and comment. Comments received through the review of this application are detailed in Schedule D attached to this report and are also summarized as follows: Town Department Comments: No concerns or objections expressed from the Building, Economic Development, Accessibility, Planning Law Office, Public Works, Engineering, and Urban Design Departments. Zoning and Landscaping comments have requested clarification regarding the zoning modifications proposed in the application. These comments have been Page 10 of 13

11 DP addressed in the amending by-law that has been placed on the agenda for Council consideration. Credit Valley Conservation (CVC): In their initial review of the application, CVC staff noted that in order to confirm the EPA1 zoning adjustments proposed in conjunction with the southern limit of development, the supporting detailed engineering drawings provided by the applicant with respect to the final subdivision design must be reviewed to the satisfaction of CVC. This is required in order to ensure there will be no adverse impacts to neighbouring properties as a result of the minor adjustments proposed to the floodplain area. In this regard, CVC staff has confirmed that the rear portions of Lots 18 and 19 are within the Regulatory Floodplain and should be rezoned in a restrictive zone category as required in the conditions of Draft Approval. The location of the floodplain area boundaries noted on the engineering plans reviewed by CVC is reflected in the corresponding By-law amendment schedule. CVC notes that they are satisfied with the proposed Zoning By-law amendment. External Agencies: No concerns or objections expressed from other external agencies, including the Region of Peel, Ontario Provincial Police (OPP), Dufferin-Peel Catholic District School Board, Peel District School Board and the Niagara Escarpment Commission. Financial Implications This property is currently assessed as residential ($485,800 CVA) and exempt ($63,458). The Town s share of taxes levied, based on the current value assessment is approximately $2,022. The property tax account is current. If the proposed amendments were to proceed as proposed the taxable assessment value of the subject property would change to reflect the change in usage and any development that occurs. Any future development would be subject to Town of Caledon development charges as per By-law No , currently $19,658.43/unit residential. Please note that the Town s development charge bylaw is currently under review. This development would also be subject to Region of Peel development charges, currently $35,418.51/unit residential; and $480.77/unit for GO Transit. The Education development charge is currently $2,146.00/unit. All of the development charges are payable prior to issuance of a building permit. Page 11 of 13

12 DP Applicable Legislation and Requirements Planning Act, R.S.O. 1990, c. P.13. COMMUNITY BASED STRATEGIC PLAN Strategic Objective Goal 2: Complete Our Community of Communities. Strategic Objective 2D- Manage Growth and Use Land Wisely. Strategic Objective 2E- Provide a High Quality Public Realm. Strategic Objective 2F- Connect Neighbourhoods. NEXT STEPS 1. DAPP staff will provide Notice of Council s decision in accordance with the requirements in the Planning Act. 2. DAPP staff will monitor for any appeals that may be received during the following twenty day appeal period. 3. DAPP staff will issue an affidavit, provided no appeals have been received. 4. DAPP Staff will forward the Draft Plan of Subdivision 21T-85023C redline revisions and modified Conditions of Draft Approval to the Ontario Municipal Board for approval ATTACHMENTS Schedule A Location Map Schedule B Draft Plan of Subdivision, Approved by the OMB on October 22, 2001 (Redline Revisions received June 27, 2013) Schedule C List of Modified Conditions of Draft Plan Approval Schedule D - Comment Sheet: RZ Prepared by: Brandon Ward Page 12 of 13

13 DP Approver (L1): Rob Hughes Approver (L2): Mary Hall Approver (L3): Carey degorter Approver (L4): Douglas Barnes Approver (L5): Page 13 of 13

14 ³ CHINGUACOUSY RD RAIL LINE RR KENNEDY RD CREDIT RD Subject Lands CREDITVIEW RD STATION RD LYONSVIEW LANE ³ Proposed Zoning By-law Amendment and Redlined Revisions to Draft-approved Plan of Subdivision RZ & 21T-85023C Upper Credit River Estates (Birmann) LOCATION MAP West Half of Lot 31, Concession 3 WHS (Caledon) Town of Caledon, Regional Municipality of Peel Date: July 2013 File No.: RZ T-85023C

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16 SCHEDULE A CONDITIONS OF DRAFT APPROVAL File: Subject: 21T-85023C Draft Plan of Subdivision Upper Credit River Estates Part of Lot 31 Con. 3 WHS (Chinguacousy) Town of Caledon, Regional Municipality of Peel Draft Plan Approval Date: October 22, 2001, As per OMB Decision (OMB File No.: PL Decision No. 1717) NOTE 1: In accordance with Regional Council Resolution as amended, draft approval granted under Section 50 of the Planning Act, 1983 is valid until draft approval is either withdrawn, or the plan is registered. The conditions of draft approval will, however, be reviewed initially 3 years after draft approval is granted and subsequently every 2 years to determine if the conditions are appropriate or whether draft approval should be withdrawn. AGENCY CONDITION MODIFICATION CONDITION CLEARANCE AGENCY APPLICANT 1. That the final plan conform to the revised draft plan prepared by Paul Theil Associates Limited dated April 1993 and revised on February 19, 2001, and further redlined dated June 27, DEVELOPMENT APPLICANT TOWN OF CALEDON: DEVELOPMENT APPROVAL & PLANNING POLICY (DAPP) 2. The owner shall enter into a Town of Caledon Subdivision Agreement or any other necessary agreements executed by the Owner, the Town and the Region or any other appropriate authority prior to any development within the plan to satisfy all financial, legal and engineering matters including land dedications, grading, easements, fencing, landscaping, provision of roads, stormwater management facilities, installation of municipal services in accordance with the latest Region standards and requirements, securities, parkland and cash contributions, and other matters of the Town and the Region respecting the development of these lands in accordance with the latest standards, including the payment of Town and Regional development charges in accordance with their applicable Development Charges By-laws. 3. That any proposed road allowances, road widening and/or daylight corners on the draft plan shall be dedicated as public highway on the final plan for registration. 4. That the horizontal and vertical alignments of all roads, including their relative intersection geometric, shall be designed to the latest municipal standards and requirements. In this regard, minor revisions to the road pattern, including intersection alignments, PLANNING LAW & REGION DEVELOPMENT DEVELOPMENT 1 of 17 March 17, 2014

17 AGENCY CONDITION MODIFICATION CONDITION may be required. 5. That all streets shall be named to the satisfaction of the Town of Caledon and the Region of Peel. In this regard, proposed street names must be submitted as soon as possible after draft approval has been received so that finalization of the plan is not unduly delayed. 6. That prior to final approval, a municipal numbering system be assigned to the satisfaction of the Town of Caledon and that the Owner agrees in the Subdivision Agreement to display the lot number and corresponding municipal address in a prominent location on each lot. 7. That any dead ends, open sides of road allowances or temporary cul-de-sacs created by this plan of subdivision be terminated by 0.3 m reserves to be conveyed to the Town of Caledon and held until required for future development of adjacent lands. 8. That prior to final approval, arrangements shall be made to the satisfaction of the Town of Caledon for the relocation of any utilities required by the development of the subject lands to be undertaken at the expense of the applicant. CLEARANCE AGENCY HERITAGE DEVELOPMENT DEVELOPMENT DEVELOPMENT PLANNING LAW 9. That the Owner shall agree not to remove any trees or topsoil from the land within the plan or start any grading of the lands within the plan, prior to registration of the plan, without the prior written authorization of the Town of Caledon. DESIGN & ENGINEERING APPLICANT PLANNING LAW 10. That a clause be included in the Subdivision Agreement stating that the Owner shall grant all necessary easements for drainage, utility and servicing purposes as may be required, to the appropriate agency or public authority. This shall include any necessary external easements and construction works for watermain looping. DESIGN & ENGINEERING PLANNING LAW 11. That a clause be included in the Subdivision Agreement that stormwater overland flow routes shall be kept within roads or approved walkways only, where possible. DAPP - LANDSCAPE 12. That prior to registration, the owner shall convey Block 34 to the Town for park purposes, free of all charges and encumbrances. The owner shall pay cash-in-lieu for the balance of parkland required in accordance with Town policy and Section 50 of the Planning Act (S.O. 1983). DAPP - LANDSCAPE 13. That prior to registration, the Owner shall at their sole cost, construct the park to basic park development conditions, which includes clearing, grubbing, grading, seeding, sodding, fencing DESIGN & ENGINEERING DESIGN & ENGINEERING DESIGN & ENGINEERING 2 of 17 March 17, 2014

18 AGENCY CONDITION MODIFICATION CONDITION and providing electrical and water servicing to the property line. All works shall be secured and completed to the satisfaction of the Town CLEARANCE AGENCY DAPP - LANDSCAPE 14. That a clause be included in the Subdivision Agreement stating that the park/open space Block shall not be used for stock piling or storage of any construction materials, including topsoil. PLANNING LAW 15. That a clause be included in the Subdivision Agreement to support an appropriate Zoning By-Law as may be required to permit the development of these lands in accordance with the approved plan of subdivision. DAPP - LANDSCAPE 16. That prior to any grading, servicing or Registration of the Plan, or whichever comes first, the Owner shall prepare a Tree Inventory Plan and Assessment Plan that documents and inventories all together with the proposed methods of tree preservation, remedial planting and removal of invasive species. The Owner shall agree in the subdivision agreement to undertake the measures identified in the approved Tree Inventory and Assessment Plan to the satisfaction of the Town. DAPP - LANDSCAPE 17. That prior to any grading, servicing or Registration of the Plan, or whichever comes first, the Owner shall prepare detailed landscape construction drawings for a Streetscape and Open Space Landscape Master Plan which complies with approved Birmann Subdivision Design Guidelines and the Town of Caledon Development Standards, Policies and Guidelines. The Master Plan shall address, but lot limited to, streetscape design, trail system establishment within the subdivision, as well as the interface between the subdivision and the Caledon Trailway, enhanced crossing treatment where the Caledon Trailway crosses the subdivision road, stormwater management facility planting, restoration planting within open spaces, park development, fencing and buffer treatment along the interface between the plan and adjacent residential lots to the satisfaction of the Town. With the exception of the park, the owner shall at their sole cost, implement the Master Plan in its entirety. DAPP 18. That prior to any grading, servicing or Registration of the Plan, or whichever comes first, the Owner shall provide a detailed plan for the safeguard of the Caledon Trailway. The plan shall include, but not limited to, the protection of the trail, construction access across the trail, re-routing of trail users and public notification, to all the satisfaction of the Town. All works within the trail property shall be secured. DESIGN & ENGINEERING DAPP - ZONING DESIGN & ENGINEERING DESIGN & ENGINEERING DESIGN & ENGINEERING CVC PLANNING LAW DAPP - LANDSCAPE 19. That a clause be included in the Subdivision Agreement stating that the Owner shall provide appropriate fencing abutting private property, where appropriate fencing does not already exist, such DESIGN & ENGINEERING 3 of 17 March 17, 2014

19 AGENCY CONDITION MODIFICATION CONDITION fencing to be approved by the Town of Caledon. The Owner need not, however, provide fencing along the boundary of lands outside the plan that are to be retained by the Owner except for the boundary between Lots 32, 33 and the lands to be retained. The Owner shall also provide appropriate fencing around the, the stormwater management pond, along the boundary between Lots 17, 18 and Block 35, Lot 1 and the Caledon Trailway and as may be required in the vicinity of the Caledon Trailway / road interface, such fencing to be approved by the Town of Caledon. All fencing shall be provided on the Open Space Landscape Master Plan. CLEARANCE AGENCY 20. Provision shall be made in the Subdivision Agreement that the development shall be staged to the satisfaction of the Region of Peel. In this regard, among other things, staging of the development of the Plan shall be based on the timing of road improvements, and the timing of the provision of other essential services and facilities for this subdivision. In this regard the Developer shall agree to enter into a phasing agreement if/and when required by the Region or the Town. 21. That the Owner shall make satisfactory arrangements with Canada Post and the Town of Caledon for the provision of suitable mail delivery facilities. 22. That Bell Canada shall confirm that satisfactory arrangements, financial and otherwise, have been made with Bell Canada for any Bell Canada facilities serving this draft plan of subdivision which are required by the Town of Caledon to be installed underground; a copy of such confirmation shall be forwarded to the Town of Caledon. 23. That the Owner shall agree in the Subdivision Agreement, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required for telecommunication services. If during development there are any conflicts with existing Bell Canada facilities or easements the Owner/developer shall be responsible for their rearrangement or relocation. CANADA POST BELL CANADA BELL CANADA PLANNING LAW DAPP - LANDSCAPE 24. That a clause be included in the Subdivision Agreement that, prior to offering units for sale, the Owner shall place a sign adjacent to or on the wall of the sales office(s), in a place readily visible to the public, which indicates the following: a. That the plan of subdivision is not yet registered, and that building permits cannot be issued until registration has taken place. b. That delays may accompany plan registration and may affect the ability of the developer to perform his obligations by the time specified in an agreement of purchase and sale; and DESIGN & ENGINEERING 4 of 17 March 17, 2014

20 AGENCY CONDITION MODIFICATION CONDITION c. That prior to the signing of an offer of purchase and sale, consultation with an agent/solicitor is advised. d. The location and type of all fencing to be installed within or on the boundaries of the land. e. The location of sidewalks, hydrants, streetlights, hydroelectric transformers, aboveground telephone and cable television facilities and Canada Post Trail boxes to be installed within the lands. f. The location of all trails and the Caledon Trailway. g. The location of the Park Block h. That purchasers are advised to refer to the development concept plan and/or design guidelines provided in condition number 50 which outline site specific landscape and design requirements for each residential lot. i. That purchasers are advised that this plan may not not accurately reflect the final locations of sidewalks, infrastructure and utilities located within the rights of ways/roads. Purchasers shall confirm of such with the Town. j. "For further information on proposed and existing land use, please call the Town of Caledon Planning Department, Caledon East, between 9:00 a.m. and 4:30 p.m., Telephone (905) That the map and/or sign required by condition number24 above shall be approved by the Town of Caledon's Director of Planning prior to the applicant either offering dwelling units for sale or prior to the registration of the plan, and, further that staff shall be permitted to monitor the sales office to ensure compliance. CLEARANCE AGENCY DEVELOPMENT DAPP - LANDSCAPE 26. That the clause be included in the Subdivision Agreement stating that the Owner shall include the following warning clauses in any agreement of purchase and sale entered into with respect to any lots on this plan: a. Purchasers are advised that any adjacent open space, woodlots or stormwater management facility may be left in a naturally vegetated condition and receive minimal maintenance. b. Purchasers are advised that fencing along the lines of Lots and/or Blocks abutting public lands is a requirement of the subdivision agreement and that all required fencing and barriers shall be constructed with all fencing materials including foundations, entirely on private property as shown on the approved construction drawings. Upon assumption of the municipal services 5 of 17 March 17, 2014

21 AGENCY CONDITION MODIFICATION DUFFERIN- CATHOLIC DISTRICT SCHOOL BOARD CONDITION in the subdivision by the Town, the maintenance of the fencing and barriers shall be the sole responsibility of the lot owner. c. Purchaser are advised that street tree planting is a requirement of the subdivision agreement and trees are planted on the private residential property in accordance with the approved street tree planting plan and the development concept plan and/or design guidelines. The Town will not accept requests for changes to tree species types or the elimination of a street tree. Utility locations, setbacks and driveway locations may cause some residential lots to not receive a street tree. Please check with the Town to confirm the planned location and types of street trees. d. Purchasers are advised to confirm with the Town of Caledon final locations of street trees, sidewalks, infrastructure and utilities that may be located on or adjacent to the property they are purchasing or leasing. e. Purchasers are advised that all residential lots shall conform to the development concept plan and/or design guidelines which establish specific landscape criteria as it relates to grass, landscaping, vegetative buffer, fencing and retaining walls. Purchasers shall familiarize themselves with the design criteria. f. Purchasers are advised that approval from the Town is required for each residential lot prior to submission of drawings for building permits to ensure conformity with the development concept plan and/or design guidelines. 27. That the applicant shall agree in the Servicing and/or Subdivision Agreement to include the following warning clauses in all offers of purchase and sale of residential lots: a. whereas, despite the best efforts of the Dufferin-Peel Catholic District School Board, sufficient accommodation may not be available for all anticipated students from the area, you are hereby notified that students may be accommodated in temporary facilities and/or bussed to a school outside of the neighbourhood, and further, that students may later be transferred to the neighbourhood school. b. That the purchasers agree that for the propose of transportation to school, the residents of the subdivision shall agree that children will meet the bus on the roads presently in existence or at another place designated by the board. CLEARANCE AGENCY DUFFERIN- CATHOLIC DISTRICT SCHOOL BOARD DISTRICT SCHOOL BOARD 28. Prior to final approval, the Town of Caledon shall be advised by DISTRICT SCHOOL BOARD 6 of 17 March 17, 2014

22 AGENCY CONDITION MODIFICATION DISTRICT SCHOOL BOARD CONDITION the School Board(s) that satisfactory arrangements regarding the provision and distribution of educational facilities have been made between the developer/applicant and the School Board(s) for this plan. 29. The developer shall agree to erect and maintain signs at the entrances to the subdivision which shall advise prospective purchasers that due to present school facilities, some of the children from the subdivision may have to be accommodated in temporary facilities or bussed to schools, according to the Board s Transportation Policy. CLEARANCE AGENCY DISTRICT SCHOOL BOARD DISTRICT SCHOOL BOARD 30. The Board requires that the following clause be placed in any agreement of purchase and sale entered into with respect to any lots on this plan, within a period of five years from the date of registration of the subdivision agreement: "Whereas, despite the efforts of the Peel District School Board, sufficient accommodation may not be available for all anticipated students in the neighbourhood schools, you are hereby notified that some students may be accommodated in temporary facilities or bused to schools outside of the area, according to the Board's Transportation Policy. You are advised to contact the School Accommodation department of the Peel District School Board to determine the exact schools." An addition, portables, boundary change and/or school reorganization may be required at the affected school(s) to accommodate the anticipated number of students from this development. CVC 31. That prior to the registration of the plan, the approved limit of development shall be shown as a surveyed line on the final plan, to the satisfaction of Credit Valley Conservation; CVC 32. That the Town of Caledon's Restrictive Area Zoning By-law shall contain provisions which will have the effect of: a. placing all lands below the approved limit of development and lands containing natural hazards within the appropriate environmental restrictive use category; and b. placing all lands within the 5m development setback component in an appropriate restrictive use category lots 18, 19, 32 and 33, which restricts all buildings and structures including swimming pools, decks, patios and gazebos. CVC 33. That all lands below the development limit, as depicted on the draft plan, be dedicated, at the time of registration of the plan, at no cost, to the Town of Caledon or Credit Valley Conservation, for conservation purposes, subject to any necessary easements for DISTRICT SCHOOL BOARD CVC DEVELOPMENT CVC 7 of 17 March 17, 2014

23 AGENCY CONDITION MODIFICATION CONDITION road and infrastructure purposes. 34. That prior to the registration of the plan and any site grading or servicing, detailed site grading and drainage plans, as well as a Stormwater Implementation Report, (in conformity with the Storm Water Management Report, prepared by Paul Theil and Associates dated April 30, 1998), shall be prepared and be acceptable to Credit Valley Conservation and the Town of Caledon. Such report shall, in the least: a) describe the means whereby stormwater will be treated and conveyed from the site to the receiving body; b) describe the means whereby erosion, sedimentation and their effects will be contained and minimized on the site both during and after the construction period; and c) contain a balanced cut and fill analysis which addresses lots 17, 18 & 19, the internal road and the storm water management facility located partially in the flood plain. d) contain a balanced cut and fill analysis which addresses lots 17, 18 & 19, the internal road and the storm water management facility located partially in the flood plain. CLEARANCE AGENCY CVC DESIGN & ENGINEERING CVC 35. That prior to registration of the plan, the appropriate approvals be received from Credit Valley Conservation (or on appeal, to the Mining and Lands Commissioner), pursuant to Ontario Regulation 160/06, as amended (Development Interference with Wetlands, and Alterations to Shorelines and Watercourses), 36. That any riparian and flood plain areas that are disturbed must be restored/enhance in accordance with a reasonable planting plan to be submitted to and approved by Credit Valley Conservation and the Town of Caledon. CVC CVC DESIGN & ENGINEERING CVC 37. Wastewater servicing shall be by way of individual disposal systems for each lot to meet the applicable standards of the Region of Peel and Credit Valley Conservation Authority. As per the memo provided by RH 2 O North America dated July 19, 2013 and drawings prepared by Gunnell Engineering Ltd. Dated July 10, 2013 all lots are to be equipped with the WSB clean wastewater treatment system with Nitrex filters for combined dentrification and tertiary treatment with the capability of meeting the nitrogen limit of 3mg/l at the sensitive receptor. APPLICANT 38. That the clause be included in the Servicing and/or Subdivision Agreement stating that the owner shall include a warning clause CVC DEVELOPMENT 8 of 17 March 17, 2014

24 AGENCY CONDITION MODIFICATION CVC APPLICANT CVC CONDITION in any agreement of purchase and sale entered into with respect to any lots on this plan to give notice to purchasers of the maintenance and monitoring requirements for the private sewage disposal systems. 39. That a monitoring and contingency plan be developed and approved to the reasonable satisfaction of Credit Valley Conservation, the Town of Caledon and the Regional Municipality of Peel, for the ongoing maintenance of private sewage disposal systems to be consistent with the requirements of the Ontario Building Code. CLEARANCE AGENCY CVC BUILDING & SUPPORT SERVICES CVC 40. That the Subdivision Agreement contain provisions, with wording acceptable to Credit Valley Conservation, wherein the Owner agrees: a) to carry out or cause to be carried out the works as noted in Conditions 31 to 39 inclusive. b) that permits be received for any grading and/or development pursuant to Ontario Regulation 160/06 as amended (Development Interference with Wetlands and Alterations to Shorelines and Watercourses), as necessary. c) to install the appropriate sediment control measures as approved by Credit Valley Conservation and the Town of Caledon. d) that prior to the issuance of building permits, all features (that are not part of the houses), required for stormwater management purposes be constructed and operational to the satisfaction of Credit Valley Conservation and the Town of Caledon. e) to ensure that a warning clause is included in any Agreement of Purchase and Sale respecting lots backing onto the watercourse corridor (lots 17, 18, 19, 32 & 33), advising that a 5m development setback shall be maintained or enhanced to promote the environmental integrity of the adjacent watercourse corridor and that that construction, including swimming pools, decks, patios, tennis courts, gazebo's (etc.,) or any grading or vegetation removal, within this 5m buffer, shall not be permitted. f) to register on title to lots 17, 18, 19, 32 & 33, prior to conveyance by the Owner, a restrictive covenant that runs with the land to ensure compliance with (e) above; and g) to maintain all stormwater management and erosion and sedimentation control structures in operating condition and good repair during the development and CVC 9 of 17 March 17, 2014

25 AGENCY CONDITION MODIFICATION CONDITION construction period, to the satisfaction of the Town of Caledon and Credit Valley Conservation. 41. That the Owner be advised that, in order to expedite clearance of the conditions of draft plan approval, that a copy of the draft Subdivision Agreement should be forwarded to Credit Valley Conservation as soon as same is available. 42. That the Owner shall agree in the Subdivision Agreement: a. that an amount, a minimum of $20,000.00, shall be held in the Letter of Credit until final acceptance of the watermain systems is issued by the Region of Peel, to serve as protection for the private wells in the zone of influence of the subdivision plan. The amount shall be based on the anticipated cost of replacing water supplies within the zone of influence as shown in the schedules of the agreement. If the private well systems in the zone of influence deteriorate due to the servicing of the plan of subdivision, the developer will provide temporary water supply to the affected residents upon notice by the Region. If the quanfity and quality of water in the existing wells is not restored to its original condition within a month after first identification of the problem, the developer will engage the services of a recognized hydrogeologist to evaluate the wells and recommend solutions including deepening the wells or providing a permanent water service connection from the watermain to the well systems. b. that the Owner shall agree in the Subdivision Agreement to monitor wells, subject to the home Owner's permission, within the zone of influence, and to submit results to the Region of Peel, prior to the registration or pre-servicing of the plan of subdivision. 43. That the road pavement width shall be 8.7rn and rolled curbs, terminating in a cul-de-sac, subject to the fronts of all houses being located at least 15m from the road and that no garages shall encroach on that setback, unless otherwise requested by the Town. The boulevard grade adjacent to the curbs are to be at 1.5% grade and the cul-de-sac pavement width is to be designed to the latest Regional Municipality of Peel standards for refuse vehicles. Should the pavement be offset at the Trailway location, then an attempt shall be made by the Owner to provide additional right-of-way width for the standard boulevard. CLEARANCE AGENCY CVC DESIGN & ENGINEERING 10 of 17 March 17, 2014

26 AGENCY CONDITION MODIFICATION CONDITION CLEARANCE AGENCY DAPP 44. Prior to signing the final plan, the Town s Director of Development Approval & Planning Policy shall be advised that all Conditions have been carried out to the satisfaction of the relevant agencies, and that a brief but complete statement detailing how each Condition has been satisfied has been provided: DAPP ENGINEERING 45. That prior to pre-servicing of the subdivision, the Owner shall submit a composite utilities plan to the satisfaction of the Town of Caledon and the operators of such utilities. DAPP - ENGINEERING 46. That prior to any works commencing on-site, arrangements shall be made to the satisfaction of the Town of Caledon, for a suitable construction traffic route. 47. That prior to final approval, the Owner's engineer is required to submit to the Region of Peel, Public Works Department all engineering drawings in rnicrostation format according to the latest version of the Region's Development Procedure Manual That prior to final approval, the Owner shall agree, in the Subdivision Agreement, to provide the Town of Caledon with a digitized copy of the M-Plan immediately following registration of the plan. That a Provision shall be made in the Subdivision Agreement with respect to construction and looping of watermain inside and outside the Plan (easterly to Credit Road), to the satisfaction of the Region of Peel. The works are 100% the financial responsibility of the Developer. The Developer is responsible to ensure that their design, materials and construction practices conform to the latest Region of Peel standards, specifications, materials and design criteria. DAPP - LANDSCAPE 50. That prior to Registration, the Owner shall, in consultation with the Town, prepare a development concept plan and/or design guidelines that provide for the development of the lands in a manner that is consistent with the village character of Cheltenham through such means as providing for variability in lot frontages and frontyard setbacks (no amendment to the draft plan approval will be required in order to make any such changes to the frontages of the lots) and through the exterior appearance of the buildings and the design of the landscaping and public infrastructure, all to the satisfaction of the Town. DAPP 51. That a clause be included in the Subdivision Agreement stating that the Owner shall agree to obtain the Town s approval for drawings showing plan and elevation views for each lot within the subdivision, prior to submission of drawings for building permits, in order to ensure conformity with the development concept plan and/or design guidelines provided in condition number 50, All DEVELOPMENT DESIGN & ENGINEERING DESIGN & ENGINEERING DESIGN & ENGINEERING DEVELOPMENT 11 of 17 March 17, 2014

27 AGENCY CONDITION MODIFICATION DAPP PLANNING LAW DAPP PLANNING LAW DAPP PLANNING LAW DAPP PLANNING LAW DAPP PLANNING LAW DAPP PLANNING LAW CONDITION administrative fees for this process shall be paid by the Owner. 52. That the development shall be connected to the municipal trunk water main. 53. Prior to the preparation of any agreement, the Owner shall pay to the Town all fees set out in the Fees By-law for the preparation and registration of the agreement and all documents necessary to give effect to the approval of the Plan of Subdivision. 54. Prior to registration, the Owner shall provide evidence of compliance with all of the conditions of draft approval, at its sole cost and expense. 55. That a clause be included in the subdivision agreement stating that the subdivision agreement is made for business purposes and is a 'business agreement' as defined under the Limitations Act, 2002, as amended. Further, no limitation periods set out in the Limitations Act, 2002 other than the ultimate limitation period set out in section 15 of the Act shall apply to this subdivision agreement and the obligations imposed therein. 56. That a clause be included in the subdivision agreement stating that the Owner shall convey/dedicate, gratuitously and free and clear of all encumbrances, any required road or highway widenings, 0.3m (1 ft.) reserves, walkways, daylight triangles, buffer blocks and utility or drainage easements or any other easements as required to the satisfaction of the Town, the Region or other authority. 57. That a clause be included in the subdivision agreement stating that the Owner shall provide the Town with postponements of any outstanding encumbrances in favour of the Subdivision Agreement. 58. That a clause be included in the subdivision agreement stating that prior to assumption, the Owner shall provide evidence of compliance with all terms and conditions of the subdivision agreement and any other applicable agreement, at its sole cost and expense. CLEARANCE AGENCY PLANNING LAW PLANNING LAW PLANNING LAW PLANNING LAW PLANNING LAW PLANNING LAW 59. Provision shall be made in the Subdivision Agreement that the Developer pay the Region s costs for updating its electronic as constructed information for the infrastructure installed by the developer. The cost will be based on a per kilometre basis for combined watermains and sanitary sewers installed as per Regional User Fee By-law. 60. Provision shall be made in the Subdivision Agreement that the Region will hold back on the Letter of Credit a suitable amount until the as-constructed drawings for the development have 12 of 17 March 17, 2014

28 AGENCY CONDITION MODIFICATION CONDITION been received as laid out in the current Development Procedure Manual. 61. Provision shall be made in the Subdivision Agreement that a suitable amount will be held back on the Letter of Credit to cover the costs of services completed by the Region that are covered under time and material basis as noted in the Region s current Development Procedure Manual. The holdback amount will be up to $15, for each occurrence. 62. Provision shall be made in the Subdivision Agreement that the Developer acknowledges that by proceeding with the construction of internal works in advance of external works to service the development, the Developer is doing so completely at his own risk. 63. Provision shall be made in the Subdivision Agreement that the Developer acknowledges and agrees that preliminary acceptance of Regional services will not be issued for this development or any phase thereof, until watermains to service this development are constructed to the Region s satisfaction and are in service. 64. Provision shall be made in the Subdivision Agreement that the Developer maintains adequate chlorine residuals in the watermains within the subdivision, from the time the watermains are connected to the municipal system until such time as the Region issues final acceptance. In order to maintain adequate chlorine residuals, the Developer will be required to either install automatic flushing devices or retain Regional staff to carry out manual flushing. Regional staff will conduct the monitoring and testing for chlorine residual. The costs associated with the monitoring and flushing will be the responsibility of the Developer as per Regional User Fee Bylaw. 65. Provision shall be made in the Subdivision Agreement, that the applicant s engineer is required to submit to the Region of Peel, Public Works Department, ties to all main line valves prior to preliminary acceptance. 66. Provision shall be made in the Subdivision Agreement that the applicant s engineer is required to submit to the Region of Peel, Public Works Department, ties to all individual water service boxes prior to final acceptance. 67. Provision shall be made in the Subdivision Agreement that the Region of Peel may require the Developer to construct a sampling hydrant (at the Developers cost) within the proposed Plan. Location and the requirement for sampling hydrant will be determined at the engineering review stage. CLEARANCE AGENCY 13 of 17 March 17, 2014

29 AGENCY CONDITION MODIFICATION CONDITION CLEARANCE AGENCY 68. Provision shall be made in the Subdivision Agreement that the Developer agrees that financing and construction of all temporary/permanent infrastructures not covered by the Current Development Charges By-law shall be 100% financial responsibility of the Developer. 69. Provision shall be made in the Subdivision Agreement that all lots or blocks must be serviced via internal road system or reciprocal access easements. 70. Provision shall be made in the Subdivision Agreement that neither the Developer nor any Builder will apply for Building Permit of any lots or blocks in the development until the Region of Peel, Public Works Department, has given written notice to the Town and the Developer that the external watermains are completed and available to service the development. 71. Provision shall be made in the Subdivision Agreement that prior to the issuance of building permits for all lots and blocks, satisfactory arrangements must be made with the Regional Municipality of Peel with regard to water service applications and payments of the required connection charges. The Region will not accept payment for building permits until fire protection for the development is available and all securities for the development are in place. 72. Provision shall be made in the Subdivision Agreement that a restriction on transfer or charge for all lots and blocks within the Plan of subdivision, save and except those to be conveyed to the Town and/or the Region, shall be registered on title to the said lots and blocks prohibiting any transfer or charge of said lots and blocks without the consent of the Region until all external watermain works (watermain looping easterly to Credit Road) to service this development have been completed to the Region s satisfaction. The Developer shall be responsible for all costs in relation to said restriction on title. 73. Provision shall be made in the Subdivision Agreement that the Developer will be responsible 100% for all costs associated with the relocation of existing services to accommodate this development. The Developer shall make appropriate arrangements with the Region regarding financing and relocation of Regional services prior to execution of the Subdivision Agreement. 74. Provisions shall be made in the Subdivision Agreement with respect to servicing of the existing properties within the zone of influence should the existing private services (well and septic system) deteriorate due to the servicing of the proposed 14 of 17 March 17, 2014

30 AGENCY CONDITION MODIFICATION CONDITION development. CLEARANCE AGENCY 75. Provision shall be made in the Subdivision Agreement that the Developer will be responsible for any Claims related to any impact on neighbouring septic beds arising out of the construction of municipal works related to the development of the Plan. Prior to pre-servicing of the subdivision, the Developer shall conduct the Preconstruction Survey of the septic beds within the zone of influence at 100% his cost, to which the Region has full access, including the final report and all background material relating thereto. The Developer shall agree that the results of the Preconstruction Survey shall constitute the status of the existing septic beds prior to the construction of any municipal works. The Developer shall assume all costs and expenses relating to the resolution of any such Claims. 76. Provision will be required in the Subdivision Agreement for the following clause: An amount shall be held in the Letter of Credit until final acceptance of the subdivision by the Municipality to serve as protection for the private wells in the zone of influence of the subdivision plan. The amount shall be based on the anticipated cost of replacing water supplies within the zone of influence as shown in the schedules of the agreement. The minimum amount shall be $20, If the private well systems in the zone of influence deteriorate due to the servicing of the plan of subdivision the developer will provide temporary water supply to the residents upon notice by the Region and it will continue supplying the water to the effected residents until the issue is resolved to the satisfaction of involved parties. If the quantity of water in the existing wells is not restored to its original condition within a month after first identification of the problem, the developer will engage the services of a recognized hydrogeologist to evaluate the wells and recommend solutions including deepening the wells or providing a permanent water service connection from the watermain to the dwelling unit. 77. Developer shall inspect, evaluate and monitor all wells within the zone of influence prior to, during and after the construction has been completed. Progress Reports should be submitted to the Region as follows: A. Base line well condition and monitoring report shall be submitted to the Region prior to the pre-servicing or registration of the plan (whichever occurs first) and shall include as a minimum requirement the following tests: a) Bacteriological Analysis - Total coliform and E-coli counts b) Chemical Analysis - Nitrate Test 15 of 17 March 17, 2014

31 AGENCY CONDITION MODIFICATION CONDITION c) Water level measurement below existing grade B. In the event that the test results are not within the Ontario Drinking Water Standards, the Developer shall notify in writing the Homeowner, the Region of Peel s Health Department (Manager - Environmental Health) and Public Works Department (Development Supervisor) within 24 Hours of the test results. C. Well monitoring shall continue during construction and an interim report shall be submitted to the Region of Peel for records. Well monitoring shall continue for one year after the completion of construction and a summary report shall be submitted to the Region of Peel prior to final acceptance. CLEARANCE AGENCY 78. Provision shall be made in the Subdivision Agreement that the Developer acknowledges that location and off-sets for watermains must be acceptable to the Region. 79. Provision shall be made in the Subdivision Agreement that landscaping, signs, fences, gateway features or any other encroachments will not be permitted within the Region s easements and/or Right-of-Way limits unless appropriate landscaping drawings have been submitted to the Region for review and approval. Upon consideration, if approved, an Encroachment Agreement and Regional Council approval will be required. In addition, all cost and fees associated therewith shall be the responsibility of the Developer. 80. The applicant/owner shall grant/obtain (at no cost to the Region) all necessary easements for Regional infrastructures, as may be required by the Region to service proposed development and/or external lands. 81. Prior to final approval by the Town of Caledon, a copy of the proposed final plan must be forwarded to the Region of Peel. 82. Prior to the Region granting clearance of the draft plan conditions of subdivision approval, the following must be forwarded to Alison Docherty at the Region s Legal Services Division: i) A copy of the final M-plan; ii) A copy of the final R-plans; and, iii) The documents required as per Schedules of the Subdivision Agreement. 16 of 17 March 17, 2014

32 NOTE 2: In order to expedite the clearance of conditions, we suggest that a copy of the signed Subdivision Agreement be forwarded to the following agencies upon execution: Credit Valley Conservation 1255 Old Derry Road Meadowvale, Ontario L5N 6R4 Attention: Garry Murphy Dufferin Peel Catholic District School Board 40 Matheson Boulevard West Mississauga, Ontario L5R 1C5 Attention: Planning Department Peel District School Board 5650 Hurontario Street Mississauga, Ontario L5R 1C6 Attention: Planning and Accommodation Department Bell Canada Development and Municipal Services Control Centre Floor 5, 100 Borough Drive Scarborough, Ontario M1P 4W2 Attention: Ms. Gael Chalmers 17 of 17 March 17, 2014

33 PUBLIC MEETING COMMENT SHEET PIM Date: September 4, 2013 Prepared: August 30, 2013 Planner: Brandon Ward Ext Proposed Zoning By-law Amendment Upper Credit River Estates (Birmann Subdivision) Alan Furbacher c/o The Correct Group of Companies West Half of Lot 31, Concession 3 W.H.S. Ward 2 East side of Creditview Road, south of Boston Mills Road, Village of Cheltenham File Number: RZ (Related File No.: 21T-85023C) The following comments have been received regarding the above-noted files, based on the July 31, 2013 circulation: EXTERNAL AGENCY COMMENTS Ontario Provincial Police August 2, 2013 Comments: No concerns Region of Peel August 27, 2013 Comments: No comments provided regarding the proposed Zoning By-law amendment. Dufferin-Peel Catholic District School Board August 19, 2013 Comments: No comments provided regarding the proposed Zoning By-law amendment. Peel District School Board August 15, 2013 Comments: No comments provided regarding the proposed Zoning By-law amendment. Credit Valley Conservation Authority (CVC) August 20, 2013 Comments: In order to provide comments on the proposed zoning by-law amendment, CVC requires an updated Plan showing existing grades, staked top-of-bank, Regional floodplain and 100 year floodplain. Niagara Escarpment Commission (NEC) August 15, 2013 Comments: The subject lands, though located within the Niagara Escarpment Plan (NEP), are not subject to NEC Development Control and therefore, no NEC Permit approvals are required in relation to the proposed development. No further comments provided regarding the proposed Zoning By-law amendment application. S:\Legislative Services\C - Council\C05 - Committee Agendas\Public Information Meetings\2013\ \DAPP Matter\Sept PIM Comment Sheet - ZBLA (Aug ).doc (Page 1 of 5)

34 Hydro One Networks XXXX Comments: Pending Enbridge Gas XXXX Comments: Pending Bell Canada - XXXX Comments: Pending Rogers Cable - XXXX Comments: Pending Canada Post XXXX Comments: Pending TOWN OF CALEDON DEPARTMENT COMMENTS Building and Support Services Section August 9, 2013 Comments: No concerns. Building Permits will be required for any proposed building construction. Economic Development August 9, 2013 Comments: No formal comments. Administration Department: Accessibility August 26, 2013 Comments: No comments. Planning Law Office August 19, 2013 Comments: A title search was conducted which yielded the following results: Legal Description: PIN: being Part of Lot 31, Concession 3 WHS (Ching), in the Town of Caledon, in the Regional Municipality of Peel. PIN: being Part of Lot 31, Concession 3 WHS (Ching), in the Town of Caledon, in the Regional Municipality of Peel. Name of Owner: Ontario Limited Mortgage: PR is a Charge registered on title on August 1, 2003 Postponements will be required at the time of registration of the plan of subdivision. S:\Legislative Services\C - Council\C05 - Committee Agendas\Public Information Meetings\2013\ \DAPP Matter\Sept PIM Comment Sheet - ZBLA (Aug ).doc (Page 2 of 5)

35 Other: Instrument R is an Agreement between Ernest K. Birmann, the Credit Valley Conservation Authority and Marjorie Emmeline Birmann which specifies that the Owner must obtain approval from CVC prior to building. No comments provided regarding the proposed Zoning By-law amendment application. The following conditions are to be included as part of the draft approved conditions. These conditions are to be cleared by Planning Law prior to final approval and registration of the M-plan: 1. The owner shall enter into a Town of Caledon Subdivision Agreement or any other necessary agreements executed by the Owner, the Town and the Region or any other appropriate authority prior to any development within the plan to satisfy all financial, legal and engineering matters including land dedications, grading, easements, fencing, landscaping, provision of roads, stormwater management facilities, installation of municipal services, securities, parkland and cash contributions, and other matters of the Town and the Region respecting the development of these lands in accordance with the latest standards, including the payment of Town and Regional development charges in accordance with their applicable Development Charges By-laws. **lf the above condition is similar to another condition, this condition is not required. However, Planning Law should be the clearing agency for any conditions that include agreements. 2. Prior to the preparation of any agreement, the Owner shall pay to the Town all fees set out in the Fees By-law for the preparation and registration of the agreement and all documents necessary to give effect to the approval of the Plan of Subdivision. 3. Prior to registration, the Owner shall provide evidence of compliance with all of the conditions of draft approval, at its sole cost and expense. 4. That a clause be included in the subdivision agreement stating that the subdivision agreement is made for business purposes and is a 'business agreement' as defined under the Limitations Act, 2002, as amended. Further, no limitation periods set out in the Limitations Act, 2002 other than the ultimate limitation period set out in section 15 of the Act shall apply to this subdivision agreement and the obligations imposed therein. 5. That a clause be included in the subdivision agreement stating that the Owner shall convey/dedicate, gratuitously and free and clear of all encumbrances, any required road or highway widenings, 0.3m (1 ft.) reserves, walkways, daylight triangles, buffer blocks and utility or drainage easements or any other easements as required to the satisfaction of the Town, the Region or other authority. 6. That a clause be included in the subdivision agreement stating that the Owner shall provide the Town with postponements of any outstanding encumbrances in favour of the Subdivision Agreement. 7. That a clause be included in the subdivision agreement stating that prior to assumption, the Owner shall provide evidence of compliance with all terms and conditions of the subdivision agreement and any other applicable agreement, at its sole cost and expense. Public Works Department August 6, 2013 Comments: No comments provided regarding the proposed Zoning By-law amendment application. S:\Legislative Services\C - Council\C05 - Committee Agendas\Public Information Meetings\2013\ \DAPP Matter\Sept PIM Comment Sheet - ZBLA (Aug ).doc (Page 3 of 5)

36 Parks and Recreational Department August 27, 2013 Comments: 1. The combining of Blocks 35 and 36 and rezoning to Open Space shall not be considered in any way as parkland dedication. 2. The developer will be required to pay Cash in Lieu of Parkland on the under-dedication of parkland in accordance with Town policies. 3. No further comments provided regarding the proposed Zoning By-law amendment application. Development Approval and Planning Policy: Engineering August 19, 2013 Comments: We have no concerns with respect to the re-zoning application. Development Approval and Planning Policy: Landscape Architect August 9, 2013 Comments: Further information and clarification is required from the applicant in order for a complete review to be provided. The following items require further clarification in reviewing this current submission: ZONING BY-LAW 1. Please provide clarification for the RR exception zone requirement on Lot 17. The zone exception is restricting pools patios and decks which are structures that already would not be accepted in this area of the front yard. The area identified for the RR exception does not match to the floodplain line as shown on the redlined draft plan. Therefore, it is unclear as to why the current RR exception zone has been delineated as shown. 2. The triangular parcel of land shown beside lot 18 on the zoning map is identified as EPA1. Is this to be identified as a lot or block on the draft plan? The 2011 engineering plans identify it as block 39. All of the drawings need to clearly illustrate the limits of lots and blocks. 3. Please clarify if the proposed EPA1 zone on lots 18 and 19 is the zone to follow the regulatory flood line? 4. The RR Exception zone proposed on lots 32 and 33 are identified on the zone map as a 5.0 m wide zone. The area which is being shown on the rezoning map matches the area delineated on the engineering plans as a 10.0m no disturbance limits. The engineering plans identify both 5.0m development setback and a 10.0m no disturbance zone in various areas of the plan. There should be consistency provided on the zoning map for which area requires the zoning exception. Development Approval and Planning Policy: Urban Design August 27, 2013 Comments: No comments provided regarding the proposed Zoning By-law amendment application. Development Approval and Planning Policy: Zoning August 14, 2013 Comments: Draft Zoning By-law received August 2, 2013: - The proposed use is listed as Single Family Residential. This is a use type not a specific use (i.e., detached dwelling etc.). All specific uses intended for this site must be listed (i.e, home occupation, day care, etc.). - The applicant is proposing to prohibit all buildings and structures including swimming pools, decks, patios and gazebos in the requested Rural Residential Exception (RR-xx) Zone. Currently our S:\Legislative Services\C - Council\C05 - Committee Agendas\Public Information Meetings\2013\ \DAPP Matter\Sept PIM Comment Sheet - ZBLA (Aug ).doc (Page 4 of 5)

37 definition of structure excludes septic systems. Clarification is requested as to whether the intent is to prohibit them in these areas as well. - If the intent is for no development whatsoever, Staff would suggest two options. a) In order to simplify the zoning, Staff questions whether the area could be rezoned EPA1 as opposed to RR-X since it is already adjacent to the EPA1 zone. b) Alternatively, it should include the words but not limited to after including. - The schedule must delineate only the areas to be rezoned and must be submitted in CAD format. Policy and Sustainability Section XXXX Comments: Pending Corporate Services Department: Treasury - XXXX Comments: Pending Fire and Emergency Services Department XXXX Comments: Pending Policy and Sustainability Section: Heritage XXXX Comments: Pending S:\Legislative Services\C - Council\C05 - Committee Agendas\Public Information Meetings\2013\ \DAPP Matter\Sept PIM Comment Sheet - ZBLA (Aug ).doc (Page 5 of 5)