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COMMITTEE OF THE WHOLE MEETING
July 2, 2014
SRPRS.14.127
Planning and Regulatory Services
Planning Division
SUBJECT:
A Request for Approval - Draft Plan of Condominium - JACQUARD
DEVELOPMENTS INC. - Town File No. D05-13005 19CDM(R)-13005(SRPRS.14.127)
Owner
Agent
Jacquard Developments Inc.
15 Sims Crescent, Unit 1
L4B 1C9
Richmond Hill, ON
1448774 Ontario Limited
81 Sunset Boulevard
Alliston, ON
L9R 1Y8
Location
Lot 40, Plan 65M-2104
(Municipal Address: 15 Sims Crescent)
PURPOSE
A request for approval of a draft Plan of Condominium to facil itate condominium tenure for
the existing two-storey industrial/commercial building located on the subject lands.
RECOMMENDATION(S)
a)
That the proposed draft Plan of Condominium submitted by JACQUARD
DEVELOPMENTS INC. for lands known as Lot 40, Plan 65M-21 04 (Municipal
Address: 15 Sims Crescent), Town File No. DOS-13005 (19CDM(R)-13005), be
draft approved, subject to the following conditions:
i)
that draft approval be subject to the conditions as set out in Appendix " A"
to SRPRS.14.127;
ii)
that prior to draft approval being granted, the applicant pay the applicable
processing fees in accordance with the Town 's Tariff of Fees By-law No.
115-13; and,
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225 East Beaver Creek Road, Richmond Hill, ON L4B 3P4 T 905 771 8800 RichmondHill.ca
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TOWN OF RICHMOND HILL- COMMITTEE OF THE WHOLE MEETING
SRPRS.14.127
July 2, 201 4
Page 2
iii) that a by-law be enacted authorizing the Mayor and Clerk to execute the
Condominium Agreement referred to in Appendix "A" to SRPRS.14.127.
Contact:
Shelly Cham , Planner II @ Extension 3438 and/or
Gus Galanis , Manager of Development- Site Plans@ Extension 2465
Submitted by:
Ana Bassios
Commissioner of Planning and Regulatory Services
M. oan Anderton
ef Administrative Officer
LOCATION MAP
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SUBJECT LANDS
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TOWN OF RICHMOND HILL- COMMITTEE OF THE WHOLE MEETING
SRPRS.1 4.127
July 2, 201 4
Page 3
BACKGROUND INFORMATION
The subject draft Plan of Condominium was received and deemed complete on October
21, 2014. The application was subsequently circulated to relevant Town departments and
external agencies for review and comment. The draft Plan of Condominium application is
now being brought forward for consideration in conjunction with the related Zoning By-law
Amendment application (Town File No. 002-13019) to amend the "General Industrial (M2) Zone" under By-law No. 150-80, as amended , applicable to the lands to permit the
existing development to be used fully for office purposes.
The purpose of this report is to seek Council's approval of the applicant's draft Plan of
Condominium application.
SUMMARY ANALYSIS
Site Location and Adjacent Uses
The subject lands are located at southeast corner of Sims Crescent and have a total lot
area of approximately 0.49 hectares (1.21 acres). The lands presently support a twostorey industrial/commercial building and abuts Sims Crescent to the north and west,
industrial uses to the south and east (refer to Map 1).
Owner's Request
The owner of the subject lands is requesting approval of a draft Plan of Condominium
pursuant to Section 51 of the Planning Act, R.S.O., 1990, in order to permit the
establishment of condominium tenure for the existing building located on its land hold ings
(refer to Map 4).
Official Plan and Zoning
The lands are presently designated "Employment Area" under the prov1s1ons of the
Town's Official Plan (July 201 0) which permits high performance industrial uses,
warehousing and enclosed storage of goods associated with a high performance industrial
use, major office and office uses, hotels, convention centres and banquet facilities,
community uses, linear parks and urban squares, automotive service commercial uses
and automotive repair and service types of uses subject to detailed policies. In addition,
the designation would permit secondary uses including accessory retail , day nursery use
and ancillary commercial uses.
By-law No . 150-80, as amended, zones the subject lands "General Industrial (M -2) Zone "
(refer to Map 3) which would permit public uses, industrial uses includ ing warehousing of
goods and materials , assembly of manufactured goods and materials, manufacture of
goods and materials, printing , research and development, and office uses accessory to
the permitted uses , and commercial uses. As noted previously, the applicant has
submitted a related Zoning By-law Amendment application to permit the entire building to
be used for office purposes (Town File No . 002-13019) .
TOWN OF RICHMOND HILL- COMMITTEE OF THE WHOLE MEETING
SRPRS.14.127
July 2, 2014
Page 4
Development Proposal
The following is summary of the development statistics for the development:
Site Area:
Number of Units:
Total Building Floor Area :
Parking Spaces:
Building Height:
0.49 hectares ( 1.21 acres)
7 units
2036.31 square metres (21 ,918.66 square feet)
48 spaces (including 2 disabled parking spaces)
two-storeys
Supporting Documentation/Reports
The applicant has submitted the following documents and reports to the Town in support
of the proposed development:
•
•
•
•
•
Draft Plan of Condominium
Site Plan
Elevations
Building Sections
Concept Site Plan
PLANNING ANALYSIS
Site Plan Approval
The existing development on the lands was subject to a Site Plan Agreement dated
December 7, 1998 and registered at the Land Registry Office in Newmarket on April 6,
1999, as amended on October 19, 1999.
Staff notes that in conjunction with the related Zoning By-law Amendment application, the
applicant has submitted a revised Site Plan to reflect the proposed site design changes,
specifically the removal of one loading space and the addition of parking spaces. In this
regard , should Council approve the applicant's Zoning By-law Amendment request, the
existing Site Plan agreement must be amended to reflect the revised site design
accordingly.
Department Comments
Development Engineering staff has reviewed the proposed Plan of Condominium and
have provided standard conditions of approval. Engineeri ng staff has no further comments
with respect to the site circulation but note that the remain ing loading space must be
shared amongst all unit holders and that the space must identified as part of the common
elements to be established through the condominium app roval.
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TOWN OF RICHMOND HILL- COMMITTEE OF THE WHOLE MEETING
SRPRS.14.127
July 2, 2014
Page 5
Required Condominium Agreement
As required with all condominium approvals, the owner of the subject lands, if deemed
necessary, may be required to enter into a standard Condominium Agreement with the
municipality. The agreement, if required, shall direct the applicant to agree that all of the
Town 's cond itions of approval, financial and otherwise, are to be satisfied . A cond ition
reflecting the preceding will form part of the draft approval for the subject draft Plan of
Condominium.
FINANCIAL/STAFFING/OTHER IMPLICATIONS
The recommendation does not have any financial , staffing or other implications.
RELATIONSHIP TO THE STRATEGIC PLAN
The proposed draft Plan of Condominium application would align with Goal Two of the
Town's Strategic Plan -Better Choice in Richmond Hill by providing better options for
where to live. The proposed application would also align with Goal Four of the Strategic
Plan - Wise Management of Resources in Richmond Hill by committing to use land
responsibly .
CONCLUSION
The applicant is seeking Council's approval of a draft Plan of Condominium related to the
existing two-storey industrial/commercial building located on its land holdings. Staff is
recommend ing that the applicant's request be approved subject to the conditions set out
in Appendix "A" to this report and the applicant paying the applicable processing fees in
accordance with the Town's Tariff of Fees By-law No. 115-13.
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TOWN OF RICHMOND HILL· COMMITTEE OF THE WHOLE MEETING
SRPRS.1 4.127
July 2, 2014
Page 6
APPENDIX CONTENTS
"A" Schedule of Draft Cond itions 19T(R)-13005- ATTACHED
Drawings
Map 1 -
Aerial Photograph
Map 2 -
Neighbourhood Context
Map 3-
Existing Zoning
Map 4-
Draft Plan of Condominium 19CDM(R)-13005
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TOWN OF RICHMOND HILL- COMMITTEE OF THE WHOLE MEETING
SRPRS.14.127
July 2, 2014
Page 7
SCHEDULE "A"
SCHEDULE OF CONDITIONS
"Standard Condominium"
DRAFT PLAN OF CONDOMINIUM
JACQUARD DEVELOPMENTS INC.
Lot 40, Plan 65M-2104
Town of Richmond Hill
TOWN FILE NO.: D05-13005
19CDM(R)-13005
THE CONDITIONS OF THE COUNCIL OF THE TOWN OF RICHMOND HILL TO BE
SATISFIED PRIOR TO THE RELEASE FOR REGISTRATION OF PLAN OF
CONDOMINIUM 19CDM(R)-13005, TOWN OF RICHMOND HILL, ARE AS FOLLOWS:
TOWN OF RICHMOND HILL
Planning and Regulatory Services (Development Planning Division)
1. Approval shall relate to a Draft Plan of Condominium prepared by Donald E. Roberts
Ltd ., Ontario Land Surveyors, Reference No.: 86 .191 7.2, dated October 10, 2012 .
2. The Owner shall fulfill Site Plan provisions pertaining to a related Site Plan Agreement
between the Owner and the Town dated December 7, 1998 and reg istered in the Land
Registry Office of the Land Titles Division of York Region as Instrument No.
LT1348913, as amended, to the satisfaction of the Commissioner of Planning and
Regulatory Services.
3. The Owner shall enter into a Condominium Agreement, if required to do so by the
Town which shall be registered on title and to the satisfaction of the Town Solicitor, in
priority to all other claims or interest.
4. The Owner shall submit plans of Condominium pre-approved by the Land Registry
Office, satisfactory to the Town , prior to final approval of the Plan of Condominium.
5. Prior to final approval , the Owner shall , if required to do so by the Town , submit to and
obtain the approval of the Town for the form and content of the Condominium
Description and Declaration and the Owner shall incorporate into the Plan and
Declaration under Section 7 of the Condominium Act, 1998, all right(s)-of-way and
easements for vehicular access, on-site traffic circulation , municipal servicing or utility
servicing to the satisfaction of the Town .
TOWN OF RICHMOND HILL- COMMITTEE OF THE WHOLE MEETING
SRPRS. 14.127
July 2, 2014
Page 8
Plann ing and Regulatory Services (Regulatory Services Division)
6. Prior to final approval of the Plan, the Owner shall provide the Town with evidence in
the form of an Architect's Certificate or other certification, satisfactory to the Town ,
stating that all buildings are substantially completed to the extent that all boundaries of
the units to be created have been constructed.
7. Prior to final approval of the Plan , the Owner shall provide the Town with evidence in
the form of an Ontario Land Surveyor's Certificate stating that all buildings have been
located on the ground in accordance with the Site Plan contained in the said Site Plan
Agreement between the Owner and the Town dated December 7, 1998, as amended .
8. Prior to final approval of the Plan , the Owner shall have fully complied with all orders
issued pursuant to the Building Code Act, 1992 and shall have completed all work
necessary to correct any building deficiencies related to said order to the satisfaction of
the Town.
Plann ing and Regulatory Services (Development Engineering Division)
9. Prior to final approval of the Plan , the owner shall provide the Town with evidence in
the form of Engineer's Certificate stating that all grading , drainage, above and below
ground services, asphalt paving , concrete works and demarcation of parking spaces
have been substantially completed in accordance with the plans and conditions in the
said Site Plan Agreement.
10. The Owner shall file with the Town , if required to do so by the Town , certification from
a Professional Engineer or Ontario Land Surveyor that all necessary easements
required to service the lands within the Plan and any adjoining lands (if such
adjoining lands were, at any time, a single parcel of land with the lands within
the Plan) for access, parking , water, sanitary sewer and storm sewer purposes, have
been lawfully created or will be lawfully created upon the registration of the Declaration
referred to in Condition 5.
Finance
11. Prior to final approval, the Owner shall pay the applicable Release Fees to the
satisfaction of the Town.
12. The Owner shall pay any outstanding taxes owing to the Town .
13 . The Owner shall pay any outstanding Local Improvement charges owing against the
subject lands.
Power Stream Inc.
14. Prior to final approval, the Owner shall enter into a Licence Agreement with Power
Stream Inc.
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TOWN OF RICHMOND HILL- COMMITTEE OF THE WHOLE MEETING
SRPRS.14.127
July 2, 2014
Page 9
Bell Canada
15. Prior to final approval , the Owner shall satisfy the requirements of Bell Canada .
Canada Post
16. Prior to final approval, the Owner shall satisfy the requirements of Canada Post.
En bridge
17. Prior to final approval, the Owner shall satisfy the requirements of En bridge.
Clearance Conditions
18. Planning and Regulatory Services (Development Planning Division) shall advise that
Conditions 1 to 5 have been satisfied . The clearance letter shall include a brief
statement detailing how each condition has been met.
19. Planning and Regulatory Services (Regulatory Services Division) shall advise that
Conditions 6 to 8 have been satisfied. The clearance letter shall include a brief
statement detailing how each condition has been met.
20. Planning and Regulatory Services (Development Engineering Division) shall advise
that Conditions 9 to 10 have been satisfied . The clearance letter shall include a brief
statement detailing how each condition has been met.
21 . Finance shall advise that Conditions 11 to 13 have been satisfied . The clearance letter
shall include a brief statement detailing how each condition has been met.
22. Power Stream Inc. shall advise that Condition 14 has been satisfied . The clearance
letter shall include a brief statement detailing how each condition has been met.
23. Bell Canada shall advise that Condition 15 has been satisfied . The clearance letter
shall include a brief statement detailing how each condition has been met.
24. Canada Post shall advise that Condition 16 has been satisfied . The clearance letter
shall include a brief statement detailing how each condition has been met.
25 . Enbridge shall advise that Condition 17 has been satisfied . The clearance letter shall
include a brief statement detailing how each condition has been met.
TOWN OF RICHMOND HILL - COMMITTEE OF THE WHOLE MEETING
SRPRS.14.127
July 2, 2014
Page 10
DATED at Richmond Hill this***** day of*****, 20**.
Ana Bassios
Commissioner of Planning and Regulatory Services
NOTE:
'
WHERE FINAL APPROVAL FOR REGISTRATION HAS NOT BEEN GIVEN W ITHIN THREE (3) YEARS
AFTER THE DATE UPON WHICH APPROVAL TO THE PROPOSED PLAN OF CONDOMIN IUM WAS
GIVEN , THE TOWN OF RICHMOND HILL MAY, IN ITS DISCRETION AND PURSUANT TO THE PLANNING
ACT, R.S.O. 1990, WITHDRAW ITS APPROVAL TO THIS PROPOSED PLAN OF CONDOMINIUM , UNLESS
APPROVAL HAS BEEN SOONER W ITHDRAWN, BUT THE TOWN OF RICHMOND HILL MAY, FROM TIME
TO T IME , EXTEND THE DURATION OF THE APPROVAL.
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Block 28
4
File No.DOS-13005
Town of Richmond Hill
Planning and Regulatory
Services Department
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