Ontario Land Tribunal Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 08, 2023 Case No(s):OLT-22-003382 OLT-22-003387 OLT-22-003385

PROCEEDING COMMENCED UNDER subsection 17(40) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant:

Vogue Wycliffe (Oakville) Limited

Subject:

Failure of Town of Oakville to announce a decision respecting Proposed Official Plan Amendment No. OPA 1732.02

Description:

To permit the redevelopment of the Property for thirty-five units

consisting of 8 semi-detached dwellings, 14 freehold townhouses on a public road and 13 townhouse units.

Reference Number:

OPA 1732.02

Property Address:

3171 Lakeshore Road West

Municipality:

Town of Oakville

OLT Case No.:

OLT-22-003382

Legacy Case No.:

PL200232

OLT Lead Case No.:

OLT-22-003382

Legacy Lead Case No.:

PL200232

OLT Case Name:

Vogue Wycliffe (Oakville) Limited v. Oakville (Town)

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

Applicant/Appellant:

Vogue Wycliffe (Oakville) Limited

Subject:

Application to amend Zoning By-law No. 2014-014- Neglect of the Town of Oakville to make a decision

Description:

To permit the redevelopment of the Property for thirty-five units

consisting of 8 semi-detached dwellings, 14 freehold townhouses on a public road and 13 townhouse units

Reference Number:

Z.1732.02

Property Address:

3171 Lakeshore Road West

Municipality:

Town of Oakville

OLT Case No.:

OLT-22-003385

Legacy Case No.:

PL200233

OLT Lead Case No.:

OLT-22-003382

Legacy Lead Case No.:

PL200232

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

Applicant/Appellant:

Vogue Wycliffe (Oakville) Limited

Subject:

Proposed Plan of Subdivision – Failure of the Town of Oakville to make a decision

Description:

To permit the redevelopment of the Property for thirty-five units consisting of 8 semi-detached dwellings, 14 freehold townhouses on a public road and 13 townhouse units.

Reference Number:

24T-19003/1732

Property Address:

3171 Lakeshore Road West

Municipality:

Town of Oakville

OLT Case No.:

OLT-22-003387

Legacy Case No.:

PL200234

OLT Lead Case No.:

OLT-22-003382

Legacy Lead Case No.:

Pl200232

BEFORE:

) Tuesday, the 8th day

BLAIR S. TAYLOR )

VICE-CHAIR ) of August, 2023

THESE MATTERS having come before the Tribunal and in consideration of all of the evidence and submissions heard by all Parties in this matter, the Tribunal, on May 6, 2021 in Case File OLT-22-003382 (PL200232), rendered a decision approving the subject development in principle but withholding the Final Order pending the finalization of the Zoning By-law amendment and the completion of a real estate transaction between the Town of Oakville and Vogue Wycliffe (Oakville) Limited;

AND THE TRIBUNAL being advised on consent of the Town of Oakville and Vogue Wycliffe (Oakville) Limited that the Zoning By-law amendment has been finalized and the real estate transaction having been completed;

THE TRIBUNAL THEREFORE MAKES ITS FINAL ORDER that the appeals filed by Vogue Wycliffe (Oakville) Limited are hereby allowed in part;

THE TRIBUNAL FURTHER ORDERS that the amendment to the Livable Oakville Official Plan is hereby approved as set out in Attachment “A” to this Order;

THE TRIBUNAL FURTHER ORDERS that the amendment to the Town of Oakville’s Zoning By- law No. 2014-014 is hereby approved as set out in Attachment “B” to this Order;

THE TRIBUNAL FURTHER ORDERS that the Draft Plan dated 02/Mar/2021 and attached hereto as Attachment “C” is approved;

THE TRIBUNAL FURTHER ORDERS that the Draft Plan Conditions attached hereto as Attachment “D” are hereby approved with the addition of condition 44d which shall read: There will be no windows on the rear elevation above the second storey of the proposed semi-detached buildings (excluding sky-lights);

AND THE TRUBNAL FURTHER ORDERS that the Town of Oakville shall be the approval authority for the clearing of conditions for the Draft Plan as provided for in s. 51(56.1) of the Planning Act.

“Euken Lui” EUKEN LUI REGISTRAR

Ontario Land Tribunal

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

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal.

ATTACHMENT “A”

THE CORPORATION OF THE TOWN OF OAKVILLE

BY-LAW NUMBER 2023-012

Official Plan Amendment 39

A by-law to adopt an amendment to the Livable Oakville Plan, Official Plan Amendment Number 39 (Vogue Wycliffe (Oakville) Limited, 3171 Lakeshore Road West, File No.: OPA 1732.02)

WHEREAS the Livable Oakville Official Plan was adopted by Council on June 22, 2009, and approved with modifications by the Ontario Municipal Board on May 10, 2011; and,

WHEREAS the Local Planning Authority Tribunal, in an appeal filed under section 17(40) of the Planning Act, (formerly LPAT Case No. PL200232, now OLT Case No. OLT-22-003382) rendered an interim decision on May 6, 2021 granting approval of the proposed amendment to the Livable Oakville Official Plan, but withheld its final order subject to the final document being submitted for final approval;

WHEREAS the Ontario Land Tribunal, as successor to the Local Planning Appeal Tribunal has issued a final decision,

NOW THEREFORE:

1. The Livable Oakville Official Plan is amended in accordance with Official Plan Amendment 39, attached as Appendix “A” to this by-law.

ORDERED by the Ontario Land Tribunal dated , 2023 for Case Number OLT-22-003382.

MAYOR CLERK

APPENDIX “A” to By-law 2023-012

Constitutional Statement

The details of the Amendment, as contained in Part 2, constitute Amendment Number 39 to the Livable Oakville Plan.

Part 1 – Preamble

A. Purpose and Effect

The purpose of the proposed Official Plan Amendment is to facilitate the development of eight (8) semi-detached dwellings and twenty-seven (27) townhouse dwellings on the subject lands. The development proposal will yield an overall density of 40 dwelling units per site hectare.

The effect of the proposed amendment to the Livable Oakville Plan is to:

• Increase the permitted density for the Low Density Residential lands to 31 dwelling units per site hectare; and

• Re-designate the southern portion of the site from Low Density Residential to

Medium Density Residential.

These amendments will facilitate the development of the lands at an increased level of density that is compatible with the surrounding neighbourhood. The increased density will provide additional housing options in a neighbourhood that is dominated by single detached residential dwellings. The development will also support the existing transit system and the increased population will be beneficial to the Bronte Village Commercial area. In this way, the proposed development conforms to the Provincial Policy Statements and the Growth Plan for the Greater Golden Horseshoe.

B. Location

The lands subject to this amendment are located on the north side of Lakeshore Road West, west of Mississauga Street, east of Chalmers Street and west of Strathcona Avenue in the Town of Oakville. The site has an approximate frontage of 95m along Lakeshore Road West and a total site area of 1.0 hectares (2.45 acres).

2

The lands are legally known as PT LT 32, CON 4 TRAF, SDS, PART 4, 20R12966; OAKVILLE. T/W EASE H782489 OVER PT 3, 20R12966; and PCL BLOCK 79-1, SEC M257; BLK 79, PL M257; OAKVILLE. The location of the

lands is shown on Appendix 1 to this Amendment.

C. Basis

The Official Plan Amendment is based on the following:

The subject lands are designated Low Density Residential according to ‘Schedule F – South West Land Use’. Four consultations were undertaken with local residents to provide input into the creation of the proposed development. Higher and lower density development scenarios were discussed as was the potential connection of the disparate portions of Victoria Street. Consultations were also undertaken with Town staff and Councillors.

An increase in the permitted density results in one additional semi-detached dwelling being permitted on the lands designated Low Density Residential, and results is a more complete form of development along the north side of the private condominium road with no detrimental impact to the existing development to the north. Further, the addition of Medium Density Residential land uses will allow for a more efficient use of the land and support intensification throughout the built-up area which is encouraged by the Growth Plan, the Region of Halton Official Plan and the Livable Oakville Official Plan. Townhouse dwellings provide an alternative low-rise built form which is compatible in this context with the predominantly single detached residential built form of the surrounding area. The semi-detached dwellings provide an additional housing option and provide a transition between the medium density townhouses to the south and the single detached dwellings to the north. The proposed amendment supports the policy framework guiding the development of the subject lands and is compatible with the surrounding established residential area.

3

Part 2 – The Amendment

A. Map Change

This Official Plan Amendment reflects modifications to Schedule F of the Livable Oakville Plan as shown below.

B. Text Change

Item 1: Part E, Section 29.1, South West Exceptions – Schedule F, is amended by adding the following exception policy to the end of section 29.1 using the next available policy number:”

“On the lands designated Low Density Residential and Medium Density Residential, located north of Lakeshore Road West and between the terminus of Victoria Street to the east and west:

a) Development shall be permitted on a private road.

b) On the portion of land designated Low Density Residential, a density of up to 31 dwelling units per site hectare shall be permitted.

c) On the portion of land designated Medium Density Residential, up to 27 townhouses shall be permitted.”

4

5

ATTACHMENT “B”

THE CORPORATION OF THE TOWN OF OAKVILLE BY-LAW NUMBER 2023-023

A by-law to amend the Town of Oakville Zoning By-law 2014-014 to permit the use of lands described as 3171 Lakeshore Road West (Vogue Wycliffe (Oakville) Limited, File No.: Z.1732.02)

WHEREAS the Local Planning Appeal Tribunal in an appeal under section 34(11) of the Planning Act, R.S.O. 1990, c. P.13, (formerly LPAT Case No. PL200232, now OLT Case No. OLT-22-003382) issued an interim decision on May 6, 2021 giving approval in principle to an amendment to Zoning By-law 2014-014, subject to a final version of the amendment being submitted to the Tribunal for approval;

WHEREAS the Ontario Land Tribunal, as successor the Local Planning Appeal Tribunal, has issued a final order.

PURSUANT to subsection 34(26)(b) of the Planning Act, RSO 1990, c. P. 13:

1. Map 19(1) of By-law 2014-014 is amended by rezoning the lands as depicted on Schedule ‘B’ to this By-law.

2. Part 15, Special Provisions, of By-law 2014-014, as amended, is further amended by adding a new Section 15.423 as follows:

423

3171 Lakeshore Road West

Vogue Wycliffe (Oakville) Limited

Parent Zones: RL8, RM1

Map 19(1)

(2023-023)

15.423.1 Zone Provisions for RL8 – Semi-detached Dwellings, Block A

The following regulations apply to all lands identified as Block A on Figure 15.423.1:

a)

Minimum interior side yard

1.4 m

b)

Minimum rear yard

7.0 m

c)

Maximum storeys

3

d)

Maximum residential floor area for semi-detached dwelling on Map 19(1)

260.0m2

e)

Minimum front yard

3.2 m

f)

Maximum floor area for private garage

33.5 sq.m

15.423.2 Zone Provisions for RL8 – Semi-detached Dwellings, Blocks B, C and D

The following regulations apply to all lands identified as Blocks B, C and D on Figure 15.423.1:

a)

Minimum interior side yard

1.2 m

b)

Maximum storeys

3

c)

Maximum residential floor area for semi-detached dwelling on Map 19(1)

250.0m2

d)

Minimum front yard

3.5 m

e)

Maximum floor area for private garage

33.5 sq.m

15.423.3 Zone Provisions for RM1 – Block E

The following regulations apply to all lands identified as Block E on Figure 15.423.1:

a)

Minimum lot frontage

19.8 m

b)

Minimum flankage yard

1.2 m

15.423.4 Zone Provisions for RM1 – Block F

The following regulations apply to all lands identified as Block F on Figure 15.423.1:

a)

Minimum flankage yard

1.8 m

b)

Minimum front yard

3.0 m

15.423.5 Zone Provisions for RM1 – Block G

The following regulations apply to all lands identified as Block G on Figure 15.423.1:

a)

Minimum flankage yard

1.8 m

b)

Minimum front yard

3.0 m

c)

Maximum balcony projection

2.7 m

15.423.6 Zone Provisions for RM1 – Block H

The following regulations apply to all lands identified as Block H on Figure 15.423.1:

a)

The lot line abutting Lakeshore Road West shall be deemed the front

lot line

b)

Minimum lot area per dwelling

127.0 m2

c)

Minimum front yard

3.0 m

d)

Minimum rear yard

2.6 m

e)

Maximum balcony projection

2.7 m

15.423.7 Zone Provisions for RM1 - Block I

The following regulations apply to all lands identified as Block I on Figure 15.423.1:

a)

The lot line abutting Lakeshore Road West shall be deemed the front

lot line

b)

Minimum lot area per dwelling

116.0 m2

c)

Minimum front yard

3.0 m

d)

Minimum flankage yard

2.4 m

e)

Minimum rear yard

2.1 m

f)

Minimum setback to rear porch

0.76 m

g)

Maximum balcony projection

2.7 m

15.423.8 Additional Zone Provisions For All Lands

The following regulations apply to all the lands subject to this Special Provision:

a)

Maximum encroachments into minimum yard for porches with or without foundations and including access stairs

Up to 1.5 m from the applicable lot line

b)

Maximum encroachment into rear yard for an

uncovered platform

2.0 m

15.423.9 Parking Regulations

The following parking regulations apply:

a)

Minimum number of visitors parking spaces

0.35/dwelling unit

b)

Minimum landscape width for surface parking area

along any road adjacent to Block G

0.94 m

c)

Notwithstanding section 5.8.7 a), the minimum private garage setback of 5.7 metres from the applicable lot line for Block G as shown on Figure 15.423.1 shall not apply.

15.423.10 Special Site Figures

Figure 15.423.1

3. This By-law is enacted to implement a decision of the Ontario Land Tribunal pursuant to Section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended and comes into force the day the final Order is issued.

ORDERED by the Ontario Land Tribunal on , 2023 in OLT Case No. OLT-22-003382.

MAYOR CLER

ATTACHMENT “C”

Return to Index

BEARING NOTE

BCEOAORRIDNIGNSATEASREARGERIDD, EURITVMEDZOFNREOM17,GPNSAOOB8S3ER(VCASTRIOS)N(2S010U.0S)ING THE CAN-NET REAL

SIB(NI)

(BY REGISTERED PLAN M-10)

DRAFT PLAN OF SUBDIVISION

PART OF LOT 32, CONCESSION 4,

TIME NETWORK

COORDINATE VALUES ARE, TO URBAN ACCURACY PER SEC. 14 (2) OF O.REG. 216/10, AND CANNOT, IN THEMSELVES, BE USED TO RE-ESTABLISH CORNERS OR BOUNDARIES SHOWN ON THIS PLAN.

POINT ID

NORTHING

EASTING

ORP A

4804561.31

603892.37

ORP B

4804653 06

603912.23

ORP C

4804679.59

603845.11

DISTANCES ARE GROUND AND CAN BE CONVERTED TO GRID BY MULTIPLYING BY THE COMBINED SCALE FACTOR OF 0.999724

L O T 2

LOT

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LOT 6,

REGISTERED PLAN M-10

SOUTH OF DUNDAS STREET

(GEOGRAPHIC TOWNSHIP OF TRAFALGAR)

AND BLOCK 79, REGISTERED PLAN M-257 TOWN OF OAKVILLE

REGIONAL MUNICIPALITY OF HAL TON

WESTON CONSULTING

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DEVELOPMENT STATISTICS: UNITS AREA(HA)

Street Townhouses [Block 1]:

3

0.0539

Condominium Townhouses & Semi-Detached [Block 2]:

32

0.8159

Open Space [Block 3]:

0.0037

0.3 m Reserve [Block 4]:

0.0028

Roads:

0.1163

TOTAL

Overall Density 40.1 uph (excl. Open Space & Road)

35

0.9926

Street Townhouses (3 units): Semi-Detached (8 units): Condo townhouses (24 units): Visitor Parking:

Total:

WESTON CONSULTING

planning + urban design

Parking spaces provided

6

32

48

14

100

Vaughan: 201 MillwayAve. Suite 19 Vaughan, Ontario L4K 5K8

T. 905.738.8080 F. 905.738.6637

Toronto 268 Berkeley St

Toronto, Ontario M5A 2X5

T. 416.640.9917 F. 905.738.6637

REVISIONS LIST

1-800.363.3558 westonconsulting.com

2MAR 2021

REVISE CUL-DE-SAC PER REVISED SITE PLAN

23 OCT 2019

UPDATE PER SURVEYOR'S COMMENTS

19JUNE2019

FIRST ISSUE

25m File Number: 8030

Drawn By: SM

Planner: KF

Scale: 1:300

CAD: 8030/draft plans/D4.dgn

Drawing Number:

D4

ATTACHMENT “D”

APPENDIX A – CONDITIONS OF DRAFT PLAN APPROVAL

Town File No.’s: Z.1732.02, OPA.1732.02 & 24T-19003/1732

Draft Plan Dated 02/Mar/2021

TOWN OF OAKVILLE CONDITIONS OF DRAFT APPROVAL FOR THE REGISTRATION OF 3171 LAKESHORE ROAD WEST

This approval applies to the draft plan of subdivision (24T-19003/1732 prepared by Weston Consulting Planning and Urban Design dated 02/Mar/2021) illustrating 4 blocks and the extension of Victoria Street. The conditions applying to the approval of the final plan for registration are as follows:

CONDITIONS

CLEARANCE AGENCY

CONDITIONS TO BE MET PRIOR TO PRE-GRADING OR PRE--SERVICING

That the Owner shall conduct a survey of the property to identify all existing wells related to the former use of the lands. The Owner further agrees to decommission any existing wells in accordance with Ministry of Environment Guidelines prior to commencing the development of these lands to the satisfaction of the Region’s Development Project Manager.

RMH (LPS)

The Owner agrees to conduct a survey of the property to identify all existing private septic systems related to the former use of the lands. The owner further agrees to decommission any existing private septic systems in accordance with MOE guidelines prior to commencing the development of these lands to the satisfaction of the Region’s Development Project Manager.

RMH (LPS)

Grading

The Owner shall demonstrate, at the Engineering Review stage, no grading works on adjacent lands, or, if grading onto adjacent lands is desired and accepted by the abutting Owner, that written acceptance by the abutting land Owner of the proposed grading works on their lands is provided to the Town as part of the Engineering approval and prior to plan registration.

OAK (DE)

That the Owner shall not install any municipal services on the site until the Owner has entered into a Preservicing Agreement or Subdivision Agreement with the Town. Pre-servicing may occur in accordance with the Town's pre-servicing policy.

OAK (DE)

CONDITIONS TO BE MET PRIOR TO INITIATING SALES PROGRAMME

NEIGHBOURHOOD INFORMATION MAPPING

That the Owner shall enter into a No Pre-Sales Agreement with Halton Region (which may be registered on title to the subject lands at the Region’s

sole discretion and at the Owner’s sole expense) to ensure that lots or blocks within the draft plans are not offered for sale until sufficient servicing

RMH (LPS)

allocation has been secured, and all requirements stipulated in the No Pre- Sales Agreement and the Allocation Agreement for the 2020 Allocation Program have been fulfilled, and further that the Halton Region 2020 Allocation Program is deemed by Halton Region to be sufficiently subscribed and in effect.

The developer shall prepare a preliminary neighbourhood information map for the subdivision, to the satisfaction of the Town’s Director of Planning Services. The Map is to be posted in a prominent location in each sales office from where homes in the subdivision are being sold. The Map shall include the location and type of parks, open space / valleyland and walkways, a general description of their proposed facilities as well as the following information:

a) All approved street names,

b) The proposed land uses within the subdivision based on the draft approved plan,

c) The immediately surrounding existing and proposed land uses and potential building heights,

d) Where applicable, a statement indicating that place of worship and school sites may be used for residential uses if they are not acquired for their original purpose within the time period specified in the subdivision agreement,

e) Those lots or blocks that have existing and potential environmental noise constraints based on the noise feasibility study. Include all relevant warning clauses on the map,

f) The approximate locations of noise attenuation walls and berms,

g) The approximate locations and types of other fencing within the subdivision,

h) Where parks and open space, stormwater management facilities and walkway / vista blocks / servicing blocks are located,

i) The types and locations of village squares, parks, valley lands and other open space (i.e. passive or active) and a general description of their proposed facilities and anticipated level of maintenance,

j) The locations of all anticipated Canada Post Community Mailboxes,

k) The anticipated Transit routes through the subdivision,

l) The following standard notes:

1. “This map, and the following list, is intended to provide

OAK (PS)

potential home buyers with general information about the neighbourhood and the surrounding area. If you have specific questions, you are encouraged to call the Town’s Planning Department during normal business hours which are 8:30 am to 4:30 pm, Monday to Friday.”

2. “Please Note: this map is based on information available on

(month/year) and may be revised without notice to purchasers.”

3. “The map shows that there will be several types of proposed and potential housing and building heights in the subdivision.”

4. “Sites shown on the map for future schools, townhouses, parks, shopping etc. could have driveways anywhere along their street frontage.”

5. “Some streets in this subdivision will be extended in the future and temporary access roads may be closed.”

6. “There may be catch basins or utilities easements located on some lots in this subdivision.”

7. “Some lots and blocks will be affected by noise from adjacent roads, and warnings will apply to purchasers.”

8. “Some dwelling units are in proximity to commercial, institutional and/or school uses from which activities may at times be audible. The map shows that some of the lots affected by noise will be fitted with noise barriers and some of the homes will be provided with central air conditioning to allow bedroom windows to be closed if necessary due to the noise.”

9. “Neighbourhood Park Block(s) will be developed as an active park(s) and may contain play equipment, walkways, lighting, landscaping and passive use free-play areas. Residents close to Block(s) may be disturbed by noise and lighting from the park. For detailed information pertaining to park or open space issues, please call the Town’s Parks & Open Space Department 905.845.6601 ”

10. “Natural Heritage System, valleys, woodlots and stormwater management ponds in this subdivision will be left in a natural condition with minimal maintenance and no grass cutting, only periodic removal of debris. Residents adjacent to these blocks are requested to limit the use of pesticides and fertilizers to reduce adverse effects on the NHS.”

11. “Community mailboxes will be directly beside some lots.”

12. “Purchasers are advised that the final location of walkways in Blocks may change without notice.”

13. “School sites in this subdivision may eventually be converted to residential uses.”

14. “Most streets contain on-street parking, and may be available for overnight parking, subject to parking permits.”

15. “The completion of some dwellings in this subdivision may be delayed until after the completion of exterior finishes on the adjacent buildings.”

16. “There may be Transit bus routes on some streets within this subdivision with stops beside some homes. Oakville Transit reserves the right to introduce transit services and facilities such as bus stops, shelters, pads and associated amenities on any municipal rights-of-way to provide effective service coverage.”

17. “Boulevard trees will be planted according to Town standards and a tree will not necessarily be located in front of every home. Purchasers are further advised that home builders are not permitted to charge a purchaser separately for the cost of trees, sodding, fencing and paving of the driveway apron. The Town will not reimburse purchasers, nor assist in any recovery of moneys paid, under any circumstance.”

18. “The design of features on public lands may change. Builders' sales brochures may depict these features, however, the Town has no control over builders' sales brochures.”

19. “Gates are not permitted in fences when lots abut the Natural Heritage System, a trail, valleyland, active park, woodlot or stormwater management pond.”

20. “The Town's Zoning By-law regulates the width of driveways. Please do not have your driveway widened before inquiring about the permitted driveway width for your lot.”

21. “This community is subject to Architectural Control. Models available for sale have to be pre-approved by the Control Architect and certain models may not be available for some of the lots. Check with your builder regarding the particular situation for the model and lot you intend to purchase.”

22. “Halton Region is responsible for household garbage, recycling and green bin collection. For further information, please call 311 or visit Halton.ca”

23. “For further general information on proposed and existing land use, please call the Town’s Planning Department 905.845.6601.”

24. “For detailed grading and berming information, please call the Town’s Development Engineering Department 905.845.6601”

CONDITIONS TO BE MET PRIOR TO FINAL APPROVAL / REGISTRATION

That the Owner shall provide confirmation to the satisfaction of the Town’s Finance Department that all outstanding property taxes and outstanding debts have been paid prior to plan registration.

OAK (F)

That the Owner enter into a standard form subdivision agreement to the satisfaction of the Town to address all matters related to the financial and construction obligations and build out of the subdivision, including but not limited to, development charge reimbursements, works to be completed on behalf of the Town, subdivision assumption and maintenance and monitoring of stormwater management facilities, homeowner warning clauses, etc.

OAK(PS) (DE)

That the Owner shall provide a certificate signed by the surveyor and the Owner stating that the plan proposed to be submitted for registration is the same as the latest (most recent) draft approved plan and, if the plans are not the same, that any differences between the proposed registered plan and the latest draft plan are accepted by the Town.

OAK (DE)

That the owner design, construct, and have in operation all stormwater management facilities, or alternative measures, in accordance with the approved EIR / FSS, to the satisfaction of the Development Engineering Department. The Owner is responsible for planting all required vegetation within 12 months of draft plan registration.

OAK (DE)

The Owner shall distribute in a manner satisfactory to the Town a communication strategy and information package to be available in the sales office and to be provided to all prospective purchasers. The homeowners’ information booklet shall be supplied by the Town and entirely financed by the Owner.

OAK (DE)

That the Owner shall revise/update the Environmental Impact Report / Functional Servicing Study (EIR/FSS) to reflect all comments from the Town, Conservation Halton and Regional Municipality of Halton and agree to implement all final recommendations contained within the approved EIR / FSS including any addendums (inclusive of all transportation infrastructure - roads, transit, pedestrian and cycling) to the satisfaction of the Town, Regional Municipality of Halton and Conservation Halton.

OAK (PS) (DE)

CH

That the Owner shall dedicate all lands to be conveyed to the Town,

Regional Municipality of Halton or other authority free of charge and with clear title (free and clear of encumbrances) and any necessary easements. A

OAK (PS, DE)

RMH (LPS)

Certificate of Title shall be provided, in a form satisfactory to the Town, Region or other authority.

Note: Lands to be conveyed to Town (both the road block and the creek block), must meet the generic environmental (soil, groundwater and sediment) standards for the associated land use. Information, reports and documents regarding the environmental conditions issued by a Qualified Person (QP) as defined in ON. Reg. 153/04 is required to confirm this condition is met. In addition, a reliance letter to the town is required for the town to rely upon the findings from those reports and documents by the QP.

If risk assessment were to be conducted on the residential block(s), appropriate risk mitigation measures must be deployed to support the proposed land use, but also to ensure no off-site contamination and/or increase risks to adjoining properties in the future.

That the owner prepare and agree to implement the following studies to the satisfaction of the Town (and the Regional Municipality of Halton where applicable):

• Composite Utility Plan

OAK (DE)

That the Owner shall provide digital discs of the registered plan of subdivision with the following coordinate system UTM NAD 83 Zone 17 to the Regional Municipality of Halton and the Town of Oakville, and approved flood plain/meander belt to Conservation Halton, prior to registration of the plan.

OAK (DE) RMH (LPS) CH

That the Owner shall provide the Town, together with the final plan, a list of lot and block widths, depths and areas prepared by an Ontario Land Surveyor, to ensure all lot and blocks meet or exceed the minimum requirements of the approved Zoning By-law. The Owner shall agree to revise the draft plan as required in order to comply with all provisions of the approved Zoning By-law.

OAK (Z)

That all public streets within the subdivision be named to the satisfaction of the Engineering and Construction Department and in accordance with Street Names for Public Roads procedure.

OAK (EC)

That prior to registration of the plan, the Owner’s surveyor shall submit to the Town horizontal co-ordinates of all boundary monuments. These co- ordinates are to be based on 6 degree UTM Projection, NAD83 Datum. Exemptions and alternatives to this can only be granted by the Engineering and Construction Department.

OAK (EC)

RMH (LPS)

1. The Owner’s surveyor shall submit to Halton Region, and electronic copy of horizontal co-ordinates of all boundary monuments for the approved draft plan of subdivision. These co-ordinates must be to real 6 degree UTM co-ordinates, NAD 83 datum.

2. The development shall be subject to full municipal water and sanitary sewer services to the satisfaction of the Region of Halton.

3. Any existing water service connections and/or sanitary service laterals to be disconnected from the system and abandoned must be decommissioned per the standards and specifications of the Region of Halton.

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

5. The Owner shall enter into a subdivision agreement and satisfy all requirements, financial and otherwise, of The Regional Municipality of Halton, including but not limited to, the phasing of the plan for registration, investigation of soil contamination and soil restoration, the provision of roads and the installation of water and sanitary sewer services, utilities and drainage works. This agreement is to be registered on title to the lands.

6. The Owner shall prepare a detailed engineering submission for the Regional infrastructure works required for this subdivision and it is to be submitted to the Regional Development Project Manager for review and approval prior to the preparation of the Regional subdivision agreement.

7. That the owner acknowledges, in writing, that registration of all or part of this plan of subdivision may not take place until notified by the Region’s Development Project Manager that sufficient water capacity exists to accommodate this development.

8. The Owner acknowledges, in writing, that registration of all or part of this plan of subdivision may not take place until notification by the Region’s Development Project Manager that sufficient Wastewater Plant capacity exists to accommodate this development.

9. That the Owner acknowledges, in writing, that registration of all or part of this plan of subdivision may not take place until notification by the Region’s Development Project Manager that sufficient storage and pumping facilities and associated infrastructure relating to both water and wastewater are in place.

10. The Phase 1 and 2 ESA reports are older than 18 month old. A letter of update confirming that no potentially contaminating activity has taken place on site since the completion of the ESA reports and the validity of results presented, is required to be submitted to the satisfaction of Halton Region.

11. The Owner is required to submit to the Region of Halton, a Ministry of the Environment Conservation and Parks - (MOECP) acknowledged Record of Site Condition (RSC) that is certified by a Qualified Person as defined in Ontario Regulation 153/04 and indicates that the environmental condition of the site is suitable for its proposed land use.

12. The Owner is required to submit a signed Waste Management drive through agreement, to the satisfaction of Halton Region.

In addition, the following Regional Notes must be added to the draft approval.

1. NOTE: The Owner will be required to pay all applicable Regional development charges in accordance with the Region of Halton Development Charges By-law(s), as amended. If a subdivision (or other form of development) agreement is required, the water, wastewater and road portions of the Regional development charges for residential units are payable upon execution of the agreement or in accordance with the terms and conditions set out in the agreement. In addition, commencing January 1 ,2017 every owner of land located in Halton Region intended for residential development will be subject to the Front-ending Recovery payment. Residential developments on lands located in Halton Region that prior to January 1, 2017 are part of a Regional allocation program, or have an executed Regional/Local Subdivision or consent agreement, or have an executed site plan agreement with the Local Municipality, or received a notice in writing from the Local Municipality that all requirements under the Planning Act have been met, or obtained a building permit are not subject to the Front-ending Recovery Payment.

The above note is for information purpose only. All residential development applicants and every owner of land located in Halton Region assume all of the responsibilities and risks related to the use of the information provided herein.

Please visit our website to obtain the most current information on Development Charges (DCs) and Front-ending Recovery Payment (FERP), which is subject to change.

2. Purchasers and/or tenants of lots are advised that the Owner will be responsible for waste disposal until such time as Halton Region deems their street safe and accessible to receive Regional waste collection services.

The Owner shall submit to the Planning Services Department six (6) folded copies of the final draft plan of subdivision along with applicable Land Registry Office J form for sign off. Upon acceptance, the town will forward

these materials to the Region of Halton for final sign off.

RMH(LPS) OAK (PS)

That the Owner agrees that should the development be phased, a copy of the phasing plan shall be submitted prior to final approval to the Halton District School Board and the Halton Catholic District School Board. The phasing plan will indicate the sequence of development, the land area, the number of lots and blocks and units for each phase.

HDSB HCDSB

That the Owner shall provide the Town with evidence that satisfactory arrangements, financial and otherwise, have been made with Canada Post Corporation for the installation of Community Mail Boxes as required by Canada Post Corporation, prior to registration of the plan.

CP

That the Owner shall provide Union Gas Limited the necessary easements and/or agreements required by Union Gas Limited for the provision of local gas services for this project, in a form satisfactory to Union Gas Limited.

UG

The Owner shall confirm that sufficient wire-line communication / telecommunication infrastructure is currently available within the proposed development to provide communication / telecommunication service to the proposed development.

In the event that such infrastructure is not available, the Developer is hereby advised that the developer may be required to pay for the connection to and/or extension of the existing communication / telecommunication infrastructure.

If the Developer elects not to pay for such connection to and/or extension of the communication / telecommunication infrastructure, the Developer shall be required to demonstrate to the municipality that sufficient alternative communication / telecommunication facilities are available within the proposed development to enable, at a minimum, the effective delivery of communication/telecommunication services for emergency management services (i.e. 911 Emergency Services).

BC (Cogeco)

CONDITIONS TO BE MET PRIOR TO FINAL APPROVAL/ REGISTRATION

NEIGHBOURHOOD INFORMATION MAPPING

The developer shall prepare a final neighbourhood information map, based on the final M-plan, and approved by the Town’s Director of Planning Services, to replace the preliminary neighbourhood information map in all affected sales offices. This map shall contain the following information:

a) all of the information required on the preliminary map,

b) the locations of all sidewalks and walkways,

OAK (PS)

c) the locations of all rear yard catch basins and utilities easements on private property where applicable,

d) the proposed locations of all above ground utilities, where known,

e) the proposed locations of all bus stops,

f) The proposed locations of all temporary mailboxes.

The developer shall ensure that each builder selling homes within the subdivision:

a) provides prospective purchasers with a “Notice to New Home Purchasers” from the Town in the prescribed format that includes all of the notes required on the neighbourhood information maps, and,

attaches a copy of the most up-to-date neighbourhood information map to each offer of purchase and sale agreement.

CLOSING CONDITIONS

Prior to signing the final plan the Director of Planning Services 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.

OAK (PS)

Prior to signing the final plan the Director of Planning Services shall be advised by the Regional Municipality of Halton that all applicable conditions have been carried out to their satisfaction with a brief but complete statement detailing how each condition has been satisfied.

OAK (PS) RMH (LPS)

Prior to the signing of the final plan the Director of Planning Services shall be advised by the Conservation Halton that all applicable conditions have been carried out to their satisfaction with a brief but complete statement detailing how each condition has been satisfied.

OAK (PS) CH

Prior to signing the final plan the Director of Planning Services shall be advised by the Halton District School Board that all associated conditions have been carried out to their satisfaction with a brief but complete statement detailing how each condition has been satisfied.

OAK (PS) HDSB

Prior to signing the final plan, the Director of Planning Services shall be advised by the Halton Catholic District School Board that all associated conditions have been carried out to their satisfaction with a brief but complete statement detailing how the condition has been satisfied.

OAK (PS) HCDSB

Prior to signing the final plan, the Director of Planning Services shall be advised by the telecommunications provider that all associated conditions have been carried out to their satisfaction with a brief but complete statement

detailing how the condition has been satisfied.

OAK (PS)

BC, Cogeco

Prior to signing the final plan the Director of Planning Services shall be advised by Canada Post that all associated conditions have been carried out to their satisfaction with a brief but complete statement detailing how each condition has been satisfied.

OAK (PS) CP

Prior to signing the final plan, the Director of Planning Services shall be advised by Oakville Hydro that all associated conditions have been carried out to their satisfaction with a brief but complete statement detailing how the condition has been satisfied.

OH

Prior to signing the final plan, the Director of Planning Services shall be advised by Union Gas that all associated conditions have been carried out to their satisfaction with a brief but complete statement detailing how the condition has been satisfied.

UG

All of the above conditions shall be satisfied within 3 years of the granting of draft approval by the Ontario Land Tribunal, being

[Date].

OAK (PS)

NOTES:

1. That the Owner shall obtain a Permit from Conservation Halton, pursuant to Ontario Regulation 162/06, for any development or site alteration within the regulated area including, but not necessarily limited to, dumping of fill, grading, stormwater outfalls, and watercourse crossings.

2. That the Owner shall obtain a site alteration permit under By-law 2008-124, as it may be amended from time to time or any successor thereto, prior to any earth moving activities. Matters to be addressed as part of the site alteration permit shall include but not be limited to confirmation of construction access, installation and maintenance of erosion and sediment controls, mud tracking, stabilization, grading and seeding of non-development blocks.

3. Payment of cash-in-lieu of parkland in accordance with the applicable by-law will be payable prior to the first building permit issuance in accordance with the provisions of Section 42 of the Planning Act.

4. The Owner should obtain the written approval of the Ministry of the Environment, Conservation and Parks (MECP) for any work within significant habitat of endangered and threatened species, as per the Endangered Species Act, where necessary.

5. The Owner should ensure that any vegetation removal take place outside of the nesting season, pursuant to the Migratory Bird Convention Act, where necessary.

6. The Owner will be required to pay all applicable Regional development charges in accordance with the Region of Halton Development Charges By-law(s), as amended. If a subdivision (or other form of development) agreement is required, the water, wastewater and road portions of the Regional development charges are payable upon execution of the agreement or in accordance with the terms and conditions set out in the agreement. In addition, commencing January 1, 2017 every owner of land located in Halton Region intended for residential development will be subject to the Front- ending Recovery payment. Residential developments on lands located in Halton Region that prior to January 1, 2017 are part of a Regional allocation program, or have an executed Regional/Local Subdivision or consent agreement, or have an executed site plan agreement with the Local

Municipality, or received a notice in writing from the Local Municipality that all requirements under the Planning Act have been met, or obtained a building permit are not subject to the Front- ending Recovery Payment.

The above note is for information purpose only. All residential development applicants and every owner of land located in Halton Region assume all of the responsibilities and risks related to the use of the information provided herein.

Please visit our website at www.halton.ca/developmentcharges to obtain the most current development charge and Front-ending Recovery Payment information, which is subject to change.

7. Purchasers and/or tenants of lots are advised that the Owner will be responsible for waste disposal until such time as Halton Region deems their street safe and accessible to receive Regional waste collection services.

8. Fees are required by Halton Region for each extension to draft approval and for major revisions to the draft plan or conditions.

9. Please note the Owner should be made aware that Halton Region will have the following requirements at the time of registration of the subdivision:

• Final draft M plans signed and dated by the Owner, Surveyor and initialled by the Town’s Planner

• Regional Registration fee

• Registry Office review form

MATTERS TO BE DEALT WITH IN THE SUBDIVISION AGREEMENT OR THROUGH TOWN STANDARDS

Town File No.’s: 24T-19003/1732 Revised Draft Plan Dated

on 02/Mar/2012

This approval applies to the draft plan of subdivision (24T-19003/1732 prepared by Weston Consulting Planning and Urban Design dated 02/Mar/2012 illustrating 4 blocks) The conditions that will be incorporated into the Subdivision Agreement are as follows:

CONDITIONS TO BE INSERTED INTO SUBDIVISION AGREEMENTS

(Town and/or Regional Municipality of Halton)

CLEARANCE AGENCY

The Owner acknowledges that the Town may require redline revisions to the draft plan to ensure property alignment with existing or proposed lots, blocks, streets, and/or facilities on lands adjacent to this draft plan.

OAK (PS)

That the Owner agrees to submit a revised Planning Statistics Spreadsheet to the satisfaction of Planning Services based upon the registration of M-Plans.

OAK (PS)

That the Owner acknowledges that any eligible Development Charge reimbursements will be in accordance with the Town’s Development Charge By- law. The Owner agrees to submit progress reports for any Development Charge reimbursable items identified to be reimbursed through Development Charge credits, whether repaid through Development Charge credits or other means, in a form satisfactory to the Town’s Finance Department. The Owner further agrees to abide by the Town’s requirements for matters dealing with Development Charge credits.

OAK (F)

The Owner acknowledges that work completed on behalf of the Town shall not exceed the estimated values contained within the subdivision agreement and that the Town will not accept any further progress certificates relating to the Schedule ‘K’ works and will not consider the payment of said progress certificates received after the assumption of the subdivision by the Town. The Owner further acknowledges that work done on behalf of the Town may not be reimbursed until funded in the Town’s approved capital budget.

OAK (DE)(F)

The Owner agrees to provide notice to prospective purchasers upon the completion and approval of the Composite Utility Plan showing the location of all community facilities (community mail boxes, bus shelter and stops, street trees, sidewalks, street light poles, hydrants, cable boxes, transformers or any other above grade facilities) to the satisfaction of staff and that this plan be displayed in the sales office.

OAK (DE)

That the Owner’s engineer provide certification that all Erosion and Sediment Controls are in a state of good repair and Stormwater outfalls are operational to

the satisfaction of the Development Engineering Department prior to building permit issuance.

OAK (DE)

That the Owner agrees to construct stormwater management facilities according to the approved plans and reports for this subdivision. Additionally, the Owner agrees to monitor and maintain the facilities until they are accepted by the town. The Owner shall provide a monitoring procedure and schedule for all stormwater management facilities / works immediately after all stormwater management facilities / works become operational. All monitoring shall be in accordance with the requirements of the approved EIR / FSS, Development Engineering Procedures and Guidelines Manual and North Oakville Monitoring Guidelines. Monitoring and maintenance is to be undertaken by the Owner for a minimum period of 2 years once all stormwater management works become operational and stabilized or at the Town’s discretion for a minimum period of 2 years following construction of the majority of the contributing drainage area in accordance with the approved Operations Maintenance and Monitoring Program. Should the monitoring results fail to demonstrate to the satisfaction of the Town of Oakville, acting reasonably, that the performance of the stormwater management facilities / works is in accordance with acceptable engineering practices, the Owner shall take immediate remedial action.

OAK (DE)

That storm sewerage, lot grading and street grading must be in conformity with the Town of Oakville's Storm Drainage Policies and Criteria Manual and to the satisfaction of the Development Engineering Department, in accordance with the Development Engineering Procedures and Guidelines Manual.

OAK (DE)

The Owner agrees to pay for electricity supplied to light the streets in the development until such time as the first homeowners take possession. This will include the supply of power to the street lights, the commodity cost, transmission and independent electricity marketing operator charges, distribution charges and administration fees, details of which will be outlined in the subdivision agreement.

OAK (DE)

The Owner shall agree to deposit mylars and digital discs (.dwg file format) of the registered plan of subdivision to the satisfaction of the Town.

OAK (DE)

That the Owner agrees to pay for and install all required temporary signage as per the approved Traffic and Parking Management Plan prior to the issuance of any building permits and agrees to ensure that these temporary signs are maintained throughout the construction phase or until the permanent signage is installed.

OAK (DE)

That the Owner agrees to pay for and install all permanent signage within six

(6) months of the first building occupancy as per the approved Traffic and Parking Management Plan. In the event that the Owner fails to install the permanent signage in the required timeframe the Town may carry out the work on behalf of the Owner, and will charge the Owner a 100% administration surcharge for all costs incurred by the Town in carrying out this work

OAK (DE)

That the Owner shall place public and educational signage within the NHS Block to identify the general operation of the facilities and list public restrictions

for recreational use all to the satisfaction of the Engineering and Construction Department.

OAK (DE)

That the Owner agrees within the subdivision agreement to deliver to the Town the following materials to accommodate PSAB requirements (hereinafter in this section referred to as the “Materials”) within the times herein provided:

a) Prior to registration of the Plan, a table in form and content acceptable to the Town and certified accurate by an Ontario Land Surveyor, setting out the area of all lands to be dedicated to the Town pursuant to this agreement, including rights of way (herein after referred to as the “Dedicated Lands”);

b) Prior to acceptance of Maintenance, a table in form and content acceptable to the Town, and certified by the Owner’s Engineer, setting out all materials used in the Town’s Work, the dates of their respective installation, together with certification of their fair market value at installation; and

c) Prior to assumption of the Plan, updated certification by the aforementioned Ontario Land Surveyor, Owner’s Engineer or Appraiser as applicable, of the Materials and their current fair market value in form and content acceptable to the Town, together with certification in the manner and by the persons set out herein of any works to be assumed by the Town and not previously certified.

OAK (DE)

That the Owner agrees that all roadways are to be designed to Town of Oakville standards and partial roads within the draft plans are not permitted, unless other suitable arrangements are made with the Director of Development Engineering.

OAK (DE)

In the event that required subdivision land use and notice signage becomes damaged and/or missing from their original approved locations, the Town may re-install signage on the Owner’s behalf and the Owner shall reimburse the Town for such works.

OAK (DE)

That the Owner satisfies the telecommunications provider with respect to their land requirements and agrees to permit all electrical and telecommunication providers who have signed the Town’s access agreement to locate on the roads within the plan and that the Owner allow these services to connect to the buildings, all to the satisfaction of the Town.

OAK (DE)

That the Owner designs, constructs and has in operation all necessary flood control structures and stormwater outfall structures prior to the issuance of any building permits to the satisfaction of the Conservation Halton and Development Engineering Department and Parks and Open Space Department.

OAK (DE, POS)

CH

That the Owner retain the services of a landscape architect in good standing with the OALA from a roster of prequalified landscape architectural consultants and agrees to provide for the preparation and submission of landscape plans including planting, grading, sodding, fencing together with cost estimates for the open space system including walkways, natural heritage system buffer areas and stormwater management facilities. Native non-invasive species shall be planted for lands

adjacent to Natural Heritage System (Block 6), including swales and stormwater management facilities, and within Conservation Halton’s regulated area.

OAK (PS, POS, DE) CH

That the Owner agrees at their cost to implement a municipal tree planting program for all public roads in accordance with the approved Composite Utility Plan and/or Tree Planting Plan. The selection of species, calliper and timing of work shall be undertaken to the satisfaction of the Development Engineering Department and in accordance with the latest Town standards and specifications within the final and approved North Oakville Urban Forest Strategic Management Plan, where applicable.

OAK (DE, POS)

That the Owner agrees to submit prior to Assumption an inventory of all boulevard trees planted by species, size, and x/y coordinates in a digital format acceptable to the Parks and Open Space Department and Development Engineering.

OAK (POS, DE)

That the Owner warranty all boulevard street trees and trees planted in open space areas for a period of 2 years from the date of planting and agrees to maintain in a healthy condition all trees until Assumption or to the end of the warranty period, where the warranty extends beyond assumption.

OAK (DE, POS)

That the Owner agrees to place topsoil on lots, boulevards and parkland in accordance with approved Town standards.

OAK (POS, DE)

That the Owner implements a monitoring program to the satisfaction of the Town and Conservation Halton for Erosion and Sediment control, stormwater management facilities, modified streams and stormwater management works, municipal services and trails with the Natural Heritage System, in accordance with the Water Resources Final Mediation Reports (Ontario Municipal Board) dated 30 August, 2007. The Owner shall submit monthly sediment and erosion control reports during construction to the satisfaction of Conservation Halton and the Town of Oakville.

OAK (DE) (CH)

That the Owner agrees to post acceptable securities with the Town of Oakville as part of the subdivision agreement, for the purpose of ensuring the construction and completion of all works identified on the approved engineering plans including the rehabilitation of any Natural Heritage System block which may be disturbed during the development of the subdivision.

OAK (DE)

That the Owner agrees to not store construction materials on vacant lots and/or open space blocks that abut lots which are occupied by homeowners.

OAK (DE, POS)

That the Owner provides a fire break plan and other fire prevention measures to the satisfaction of the Town of Oakville, where necessary.

OAK (FD)

That the Owner acknowledges that all works which are the responsibility of the Owner to complete, shall be subject to general construction observation by a licensed Professional Engineer of the Province of Ontario with all professional engineering fees paid by the Owner. The Owner’s engineer must provide competent full-time staff on site during construction activities to obtain the required “as constructed” field information, and to ensure general compliance to

the best of his/her professional knowledge with the approved drawings and the Town and Region’s Current Construction and Design Standards.

RMH (LPS) OAK (DE)

That the Owner agrees to conduct a survey of the static water level and quality of all wells within 500 metres of the plan. The Owner further agrees to resolve any claims of well interruption due to the construction of municipal services to the satisfaction of the Region’s Development Project Manager.

RMH (LPS)

That the Owner acknowledges that development shall be subject to full municipal water and sanitary sewer services to the satisfaction of the Regional Municipality of Halton.

RMH (LPS)

The Owner agrees that Halton Region will provide full collection curb side in front of the individual homes and collection will not begin collection until development is 90% occupied or Regional waste collection trucks can safely access the site. Until Regional collection commences it is the responsibility of the Owner/Developer to provide appropriate private collection to occupied units.

RMH (LPS)

That the Owner shall submit a copy of the approved sidewalk plan, prepared to the satisfaction of the Town of Oakville, to the Halton District School Board and Halton Catholic District School Board.

OAK (DE) HDSB HCDSB

That the Owner provides the Halton District School Board a geo-referenced AutoCAD file of the draft M-plan once all Lot and Block numbering configuration has been finalised. Should any changes occur after the initial submission to Lot and Block configuration or numbering on the draft M-plan the Owner shall provide a new AutoCAD file and a memo outlining the changes.

HDSB

That the Owner agrees to erect and maintain signs at all major entrances into the new development advising prospective purchasers that a permanent school is not available and that alternate accommodation and/or bussing will be provided. The Owner will make these signs to the specifications of the respective School Board and erect them prior to the issuance of building permits.

HDSB HCDSB

That the Owner agrees to ensure that all new home buyers will be officially notified of the exact Community Mail Box locations prior to any house sales. Also, that the owner shall post in a clear site a copy of the plan indicating the Community Mail Box sites at the sales office. This plan is requested to be completed and approved prior to the start of the House sales for the subdivision. Once the homeowner has closed their home sale, the developer shall notify all new homebuyers of the process to initiate Mail Delivery as well as the address of the local Post office where new homeowners can go and show their warranty documentation as well as a license for identification to begin the process of requesting mail delivery.

CP

The Owner agrees to provide the location of all Community Mail Boxes on the approved Composite Utility Plan to the satisfaction of the Town and Canada Post.

CP

The Owner agrees, prior to offering any units for sale, to display and maintain a map on the wall of the sales office in a place readily accessible to potential homeowners that indicates the location of all Community Mail Boxes within the

development, as approved by Canada Post. Further, the Owner agrees to inform all homebuyers of the process to initiate mail delivery for their new home address.

CP

The Owner agrees to provide a suitable and safe temporary site for Community Mail Box locations. This temporary mail box pad will be a compacted gravel area with a minimum of a single row of patio stones for mail box placement. Temporary pad specifications will be provided to the Owner during the siting process. This location must be set up a minimum of 30 days prior to first occupancies.

CP

That the Owner acknowledges that where multi-unit or commercial, office or similar buildings are located, one or more conduit or conduits of sufficient size will be provided from each unit to the room(s) in which the telecommunication facilities are situated and one or more conduits from the room(s) in which the telecommunication facilities are located to the street line.

The Owner shall indicate in the Agreement, in words satisfactory to Bell Canada, that it will grant to Bell Canada any easements that may be required, which may include a blanket easement, for communication/telecommunication infrastructure. In the event of any conflict with existing Bell Canada facilities or easements, the Owner shall be responsible for the relocation of such facilities or easements.

BC/Cogeco

That the Owner acknowledge its responsibility to up-front the cost of any extension to the electrical distribution system.

OH

That the Owner agrees to place the following notification in all offers of purchase and sale for all lots and/or units and in the Town’s subdivision agreement to be registered on title:

a) “Purchasers and /or tenants are advised that gates are not permitted to be installed along any boundary fence adjacent to any lands intended for a school.”

b) “Purchasers are advised that the Town of Oakville’s current street tree planting standards, which are subject to change, are intended to have an average of one tree for every 12 metres of frontage to be considered for planting in order to accommodate future tree growth. This means that not every house is intended to receive a tree. Purchasers are also advised that the ability to accommodate the planting of a street tree within the public road allowance will be influenced by housing form, development setbacks, utilities, driveway width and location. The Town reserves the right, in its sole discretion, to determine whether a street tree will be planted at any particular location within the subdivision particularly on narrow building lots.”

c) “Purchasers are advised that winter maintenance and snow plowing from public streets and laneways will be done in accordance with the Council approved protocol and policies for snow removal.”

d) “Purchasers and/or tenants are advised that the homeowner’s builder is responsible for the timing and coordination of rectifying lot grading

matters which occur prior to assumption.”

OAK (PS, DE) (POS) CH

HDSB HCDSB CP

e) “Purchasers and/or tenants are advised that prior to the placement of any structures in side and rear yards, the Zoning By-law should be reviewed to determine compliance and that a Site Alteration Permit may be required prior to proceeding to do any site work.”

f) “Purchasers and/or tenants are advised that private landscaping is not permitted to encroach within the Town’s road allowance, public open space or Natural Heritage System area. Any unauthorized encroachments are to be removed by the homeowner prior to Assumption.”

g) “Purchasers and/or tenants are advised that an overall grade control plan has been approved for this Plan and further some lots will incorporate the drainage of adjoining lots through the design of swales and rear lot catch basins.”

h) “Purchasers are advised that any unauthorized alteration of the established lot grading and drainage patterns by the homeowner may result in negative drainage impacts to their lot and/or adjoining lots.”

i) “Purchasers and/or tenants are advised that home/business mail delivery will be from designated Community Mail Boxes and that purchasers are to be notified by the developer/owner regarding the exact centralized mail box locations prior to the closing of any home sales. “

j) “Purchasers are advised that the schools on sites designated for the Halton District School Board or Halton Catholic District School Board in the community are not guaranteed. Attendance in the area is not guaranteed. Pupils may be accommodated in temporary facilities and/or be directed to schools outside of the area.”

k) “Purchasers are advised that school buses will not enter a cul-de-sac and pick-up points will be generally located on through streets convenient to the Halton Student Transportation Services. Additional pick-up points will not be located within the subdivision until major construction activity has been completed.”

l) “Purchasers are advised that the Town Stormwater Management Ponds will be subject to scheduled maintenance and periodic cleanout in accordance with Town requirements.”

m) “Purchasers are advised that driveway entrance widenings or modifications will not be permitted where they impact on the availability of on-street parking space. Property Owners must take note of the available parking space on their own private lot and purchase homes with knowledge that additional space for more personal / family vehicles may be limited or unavailable.”

n) “Purchasers are advised that Catholic school accommodation may not be available for students residing in this area, and that you are notified that students may be accommodated in temporary facilities and/or bussed to existing facilities outside the area. Halton Catholic District School Board

will designate pick up points for the children to meet the bus on roads presently in existence or other pick up areas convenient to the Board.”

o) “Purchasers are advised that North Oakville is founded on the principle of public transit as a priority and as such buses with varying frequencies of services are expected to operate throughout the neighbourhoods. Residents are expected to accept bus operations, with their associated impacts as a reality along roadways of this community. Transit infrastructure including bus stops and bus shelters may be located on municipal streets within subdivisions either as temporary and/or permanent features.”

p) “Purchasers are advised that Public roads are expected to accommodate pedestrians, cyclists and vehicles of all types. Temporary and/or permanent public parking along municipal roads except laneways adjacent to any property can be made available for on-street parking by the public and is not reserved for use by the property Owner. This will be most evident in close proximity to parks, schools, laneways and commercial or mixed-use districts where visitors to these locations will be encouraged to park on- street in accordance with municipal requirements as on-site parking space will be minimal or non-existent.

q) “Purchasers are advised that there is the potential for high water pressures within the subdivision”

In cases where offers of purchase and sale have already been executed, the Owner shall send a letter to all purchasers which includes the above statements.

42. That the owner acknowledges that easements across the internal road network for pedestrian and active transportation access will be required, to the satisfaction of the Town’s Development Engineering Department, and that such conveyance shall occur no later than through the site plan process.

43. That the owner acknowledge that payment to the Town in favour of the access/easement over the West Street unopened road allowance (to the east of the subject lands) will be based on fair market value for the said access/easement as determined by an appraisal, and the cost of the appraisal will be borne solely by the owner.

44. That the owner acknowledges and agrees, that through the site plan process, to make reasonable efforts to use/implement/attain the following:

a) permeable pavers for the purpose of discouraging vehicular traffic from Victoria Street to the private road;

b) maximum tree preservation along the north property line (with the recognition that some trees are anticipated to be lost); and

c) additional tree planting along the north property line for the purposes of visual screening, particularly in areas where trees are proposed for removal. Through the site plan process, Vogue Wycliffe will work with its project landscape architect/arborist to review all landscape plans to identify opportunities for additional plantings along the northern property line, where these can be accommodated in consideration of

existing site conditions and would be aesthetically and ecologically advantageous.

d) There be will no windows on the rear elevation above the second storey of the proposed semi-detached buildings (excluding sky-lights).

45. That the owner acknowledges and agrees that the entirety of the subject lands shall be subject to Site Plan Approval.

46. That the owner acknowledges and agrees that construction access to the subject lands will be exclusively from Lakeshore Road West, and that construction access from Victoria Street will be prohibited.

47. That the owner acknowledges and agrees to provide the Town with a survey describing the existing boundary trees at the Property that are subject to the Trees Act.

LEGEND – CLEARANCE AGENCIES

BC

Bell Canada

Cogeco

Cogeco Cable

CP

Canada Post

HCDSB

Halton Catholic District School Board

HDSB

Halton District School Board

CH

Conservation Halton

MTCS

Ministry of Tourism, Culture and Sport

OAK (A)

Town of Oakville – Planning Administration

OAK (F)

Town of Oakville - Finance

OAK (L)

Town of Oakville – Legal

OAK (DE)

Town of Oakville – Development Engineering Department

OAK (PS)

Town of Oakville – Current Planning Services

OAK (LR)

Town of Oakville – Long Range Planning

OAK (Z)

Town of Oakville – Building Services Department, Zoning Section

OAK (FD)

Town of Oakville – Fire Department

OAK (POS)

Town of Oakville – Parks and Open Space Department

OAK (EC)

Town of Oakville – Engineering and Construction Department

OAK (T)

Town of Oakville – Transit

OH

Oakville Hydro

RMH (LPS)

Regional Municipality of Halton – Legislative and Planning Services

UG

Union Gas