pbd-2021-41 august 10, 2021 report to: submitted by
TRANSCRIPT
PBD-2021-41
August 10, 2021
REPORT TO: Mayor James M. Diodati and Members of Municipal Council
SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2021-41
26T-11-2021-001 and AM-2021-001 Garner Road Draft Plan of Subdivision and Zoning By-law Amendment Application East side of Garner Road, South of Lundy’s Lane Applicant: 1198815 Ontario Limited Agent: Bousfields Inc. (David Falletta)
RECOMMENDATIONS 1. That the application to amend the Zoning By-law be approved, subject to the
regulations outlined in this report;
2. That the Plan of Subdivision be draft approved subject to the conditions in the attached Appendix A;
3. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council’s decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged;
4. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council; and,
5. That the Mayor and City Clerk be authorized to execute the Subdivision Agreement and any required documents to allow for the future registration of the Subdivision when all matters are addressed to the satisfaction of the City Solicitor.
EXECUTIVE SUMMARY 1198815 Ontario Limited has submitted a revised application to subdivide 3.75 hectares (9.26 acres) of land on the east side of Garner Road south of Lundy’s Lane. The original application was to subdivide 4.23 hectares (10.45 acres) into 47 detached dwelling lots, 2 blocks for 8 on-street townhouses, 1 block for 14 block townhouses, 1 block for an apartment building, as well as blocks for stormwater management access, landscaping, road widening, and land to be dedicated as municipal streets. The revised application removed the proposed apartment building block and proposes 47 detached dwelling lots, 2 blocks for 8 on-street townhouses, 1 block for 12 block townhouses, as well as blocks for stormwater management access, landscaping, road widening, and land to be dedicated as municipal streets. As a result of the removal of the apartment building block, the Official Plan amendment application (to permit a density of 243 units per hectare) was withdrawn and the zoning by-
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law amendment application was revised to remove the request to zone the land a site specific Residential Apartment 5F Density (R5F) zone to permit an apartment building. The applicant has also applied to amend Zoning By-law No.79-200 to zone the proposed detached dwelling lots a site specific Residential 1F Density (R1F) zone, the proposed on-street townhouse blocks a site specific Residential Mixed (R3) zone, the proposed block townhouse block a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone, and the proposed landscape and stormwater management access blocks the Open Space (OS) zone. Planning staff recommends the applications, for the following reasons:
The proposed development conforms to Provincial policies with respect to contributing towards the achievement of intensification targets in the Designated Greenfield Areas;
The proposed development is in conformity with the City’s Official Plan and the Garner Neighbourhood Secondary Plan as it provides a variety of housing types, meets the density targets, offers efficient expansion of infrastructure, and is transit supportive; and,
The requested site specific residential zones maintain appropriate regulations for the proposed dwelling types and ensure the proposed development will be compatible with surrounding properties. The requested Open Space (OS) zone is appropriate for the stormwater management access block.
The conditions of draft plan approval, which must be satisfied before subdivision registration, are listed in Appendix A. These conditions address servicing, road widenings, parkland cash-in-lieu payment, landscaping, utility installation, and all other matters related to the development of the subdivision.
BACKGROUND Proposal 1198815 Ontario Limited has submitted a revised application to subdivide 3.75 hectares (9.26 acres) of land on the east side of Garner Road south of Lundy’s Lane. Refer to Schedule 1 for the location and Schedule 2 for details of the proposed subdivision. Originally the applicant proposed to subdivide 4.23 hectares (10.45 acres) into 47 detached dwelling lots, 2 blocks for 8 on-street townhouses, 1 block for 14 block townhouses, 1 block for an apartment building, as well as blocks for stormwater management access, landscaping, road widening, and land to be dedicated as municipal streets. The revised application removed the apartment building block, which now is part of the other lands owned by applicant, and reduced the number of block townhouse units by 2. The developer made these changes as a result of public comments received and will plan a comprehensive development proposal for their abutting land holdings.
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As a result of the removal of the apartment building block, the Official Plan amendment application (to permit a density of 243 units per hectare whereas 100 units per hectare may be considered) was withdrawn and the zoning by-law amendment application was revised to remove the request to zone the proposed apartment building block a site specific Residential Apartment 5F Density (R5F) zone. The land is currently zoned Development Holding (DH), in part, and Tourist Commercial (TC), in part in By-law No. 79-200. The revised application requests the land be zoned in By-law No. 79-200 as follows: the proposed detached dwelling lots a site specific Residential 1F Density (R1F) zone; the proposed on-street townhouses a site specific Residential Mixed (R3) zone; the proposed block townhouses a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone; and, the proposed stormwater management access and landscape blocks the Open Space (OS) zone. Site Conditions and Surrounding Land Uses
The subject land is vacant and predominately flat grassland with scattered shrubs and trees. The subject land is immediately bounded by Garner Road to its west with several large detached dwelling lots, to its south-west is the Niagara Falls Golf Course and agricultural land; detached dwellings and the terminus of Angie Drive are to its east; detached dwellings, on-street townhouses, and a stormwater management pond are to its south; and, additional vacant lands of the owner, adult entertainment facilities, commercial uses (including motel and campgrounds), as well as, a light manufacturing facility are to its north.
Circulation Comments
Building Services
- Building permits will need to be obtained. Building permit fees and development charges will be assessed during building permit application review.
Business Development, GIS Services, Legal Services, and Hydro One
- No objections.
District School Board of Niagara
- The Board is satisfied future students from the proposed development may be accommodated at existing schools.
Fire Services, Parks & Landscape Services, Municipal Works, Transportation Services, Bell Canada, Enbridge Gas Inc., Canada Post, and Niagara Region
- No objections, subject to meeting the conditions listed in Appendix A.
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- Transportation Services no concerns with the potential increase in traffic or level of
service at internal intersections. This section of Garner Road is expected to have transit service in the future. Staff have contacted Niagara Regional Police to enforce existing stop signs and have determined the existing speed control devices are effective in having vehicles operate at acceptable speed levels.
- Transportation Services conditions include: the requirement for traffic calming measures (a speed cushion is recommended between Lots 1 and 2 and just east of Block 50) and sidewalks (on both sides of Street “A” (Angie Drive), the east side of Garner Road, and the inside of Street B) to assist with pedestrian safety.
- Municipal Works conditions include: the provision of servicing and grading plans for review and approval.
Public Submissions
A total of 23 letters of objection and 2 letters of general support for the original application and 1 letter regarding the revised application have been received on the applications as of the date of the preparation of this report and are listed on this afternoon’s agenda. Concerns raised include: proposed apartment building (now removed from the revised draft plan), awareness of campfire smoke from nearby campgrounds, current condition of Garner Road, speed, traffic, parking, bus stops, crime, construction activities, preservation of trees, parkland, sewer extension on Garner Road and future development, drainage, the condominium townhouse block design considerations (i.e. buffer, fence, and private lane), buffers and fence along south property limit, school capacities, and opportunities for public participation.
Neighbourhood Open House A neighbourhood open house was held remotely on March 29, 2021 and was attended by the applicant’s agents as well as approximately 14 residents and interested persons. Concerns raised include: the proposed apartment building (now removed from the revised draft plan), speed, traffic, current condition of Garner Road, the condominium townhouse block design considerations (i.e. buffer, fence, and private lane), and impacts of construction vehicle routes. With respect to these concerns, staff offer the following comments:
Provincial, Regional, and Local policies support a mixture of housing in new developments. The revised draft plan has removed the proposed apartment building. Concerns that specifically relate to the apartment building are no longer applicable to the revised applications.
A warning clause addressing campfires has been included in the conditions.
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Municipal Works staff indicate improvements for the section of Garner Road closest to Lundy’s Lane are not yet budgeted. The proposed development offers cost sharing opportunities, which with approval of Capital funding, will allow coordination of work. When Garner Road, a planned cycling route, is reconstructed, a bike lane will be provided in each direction.
Angie Drive is a collector road and was always planned to extend to Garner Road. Traffic calming measures are to be implemented as conditions of approval to ensure traffic safety.
School Boards establish and coordinate the location of bus stops with their transportation providers.
The subdivision agreement will have clauses that address dust, dirt, and noise generated from development.
A neighbourhood park is not identified in the Garner Neighbourhood Concept Land Use Plan for the subject land. A condition requires cash-in-lieu of parkland dedication.
Sanitary sewers will extend south from Lundy’s Lane, watermain will extend east from Angie Drive, and storm water will be directed towards the existing stormwater management facility located south of the subject land.
Developers are responsible for the cost and extension of services.
The condominium townhouse block will be subject to a future vacant land condominium application which will address fencing, landscaping, and the private lane location.
ANALYSIS/RATIONALE
1. Provincial Policies The Planning Act requires City planning decisions to be consistent with the Provincial Policy Statement and conform to the Provincial “A Place to Grow” Plan. The proposed development is consistent and conforms as follows:
The proposed development is an efficient expansion of the Westlane community, is transit supportive, assists in the creation of a complete community, and minimizes land consumption and servicing costs;
The Air and Noise Study have concluded there are no potential adverse effects from nearby light industrial operations. Draft plan conditions address the proposed noise mitigation measures and required warning clauses;
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The proposed subdivision’s density is 45.6 jobs and persons per hectare that will assist the City in meeting its Designated Greenfield Area density target across its entire Greenfield Area. While the proposed density is below the target, the City’s density target will be met in combination with other greenfield developments that have exceeded the density target. In addition, the permitted development of the lands along Lundy’s Lane for apartments will assist in meeting density targets for the Garner Neighbourhood; and,
The recommended regulations will facilitate the development of land in a manner that offers housing that will accommodate the needs of people of all ages, abilities, and incomes while maintaining appropriate levels of health and safety.
2. Official Plan and Garner Neighbourhood Secondary Plan The Official Plan and Garner Neighbourhood Secondary Plan designates the subject land as Residential. With the removal of the apartment building block, the official plan amendment, to address the proposed density of this block, is no longer required. The proposed development conforms as follows:
The proposed development will have a range of dwelling types with a density of 45.60 jobs and persons per hectare which will contribute to the City’s Greenfield Area density target. While this is less than the 53 people and jobs per hectare Greenfield Area density target, the lands on the south side of Lundy’s Lane may be permitted to be developed for apartment buildings up to a density of 100 units per hectare which will offset the density shortfall. It meets the Garner Neighbourhood Secondary Plan density target (25 units per net hectare), utilizes land efficiently, and is transit supportive;
The extension of municipal services from Lundy’s Lane and Angie Drive is orderly and logical. Conditions of approval address servicing matters;
Angie Drive is a collector road which is planned, by the Garner Neighbourhood Concept Land Use Plan, to extend to Garner Road; and,
The surrounding transportation network can support the proposed development. Conditions of approval include road widening and sidewalk construction to facilitate active transportation.
3. Zoning By-law
The subject land is currently zoned Development Holding (DH), in part, and Tourist Commercial (TC), in part.
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Residential Lots and Blocks The applicant is requesting the detached lots be zoned a site specific Residential 1F Density (R1F) zone, the on-street townhouses be zoned a site specific Residential Mixed (R3) zone, and the block townhouses be zoned a specific Residential Low Density, Grouped Multiple Dwellings (R4) zone. The R1F zone permits a detached dwelling, a home occupation, and accessory buildings and accessory structures.
The R3 zone permits a detached dwelling, a semi-detached dwelling, a duplex dwelling, an on-street townhouse dwelling, a triplex dwelling, a quadruplex dwelling, a home occupation in a detached dwelling or semi-detached dwelling or a duplex dwelling, and accessory buildings and accessory structures. The R4 zone permits a townhouse dwelling, an apartment dwelling, group dwellings, accessory buildings and accessory, and a home occupation in a detached dwelling or semi-detached dwelling or a duplex dwelling.
The changes to the standard R1F regulations are summarized in the following table:
ZONE REGULATION EXISTING REGULATION REQUESTED REGULATION
Minimum Lot Area 320 m2 (3444.5ft2) 290 m2 (3,121.5 ft2)
Lot Frontage Interpretation Lot frontage is based on the front yard and depth.
Where two side lot lines are not parallel, the lot frontage is measured at a point 6 m (19.68 ft) from the front lot line.
Maximum lot area which can be used as a surface parking area
30% 25%
Maximum width of a driveway or parking area in the front yard of a lot
60% of the lot frontage but in no case more than 9 m
55% of the lot frontage.
The requested zoning is appropriate as follows:
The R1F zone is intended to regulate single detached dwellings;
The requested reduction in the R1F regulations regarding minimum lot area is supported as an acceptable building envelope remains and the reduced lot area facilitates a compact urban form;
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The requested reduction in the maximum lot area that can be used as a surface parking area and width of driveway or parked area is supported as the lot area is smaller than the standard regulation and will ensure that a suitable amount of landscaping is provided; and,
The requested definition of lot frontage is necessary to maintain a consistent interpretation where the front yard depth is reduced.
The changes to the standard R3 regulations are summarized in the following table:
ZONE REGULATION EXISTING REGULATION REQUESTED REGULATION
Minimum Lot Area – For an on-street townhouse dwelling
200 m2 (2,152.8 ft2) for each dwelling unit
180 m2 (1,937.5ft2) for each dwelling unit
Minimum Lot Frontage- For an on-street townhouse dwelling
6.5 m (21.3 ft) for each dwelling unit
6 m (19.7 ft) for each dwelling unit
Minimum Front Yard Depth 6 m (19.7 ft) plus any applicable distance specified in section 4.27.1
4.5 m (14.8 ft) for dwelling
6 m (19.7 ft) for private garage
Minimum Interior Side Yard – For an on-street townhouse dwelling
3 m (9.8 ft) 1.5 m (4.9 ft)
Minimum Exterior Side Yard Width
4.5 m (14.8 ft) plus any applicable distance specified in section 4.27.1
3 m (9.8 ft)
Maximum Lot Coverage 45% 50%
Maximum Height of Building or Structure
10 m (32.81 ft) subject to section 4.7
10.5 m
Maximum Number of Dwelling Units on One Lot
1 only 8 units in an on-street townhouse dwelling
Tandem Parking Not permitted for required parking
Permit for required parking
The requested zoning is appropriate as follows:
The R3 zone is intended to regulate on-street townhouse dwellings;
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The requested reduction in the R3 regulations for on-street townhouses regarding the required minimum lot area, lot frontage, front yard depth, interior side yard, and exterior side yard is supported as suitable setbacks are maintained, an acceptable building envelope remains, and a compact urban form will result. By maintaining the minimum front yard depth for the private garage, the townhouse dwelling will be more prominent which is good urban design; and,
The requested increase in the R3 regulations for on-street townhouses regarding maximum lot coverage and height is supported as the resulting building dimensions and height will not have a negative impact on abutting properties.
Staff do not support the following requested changes:
The requested permission for 8 units in an on-street townhouse dwelling is not required as 4 units are proposed for each block. Planning staff is supportive of 4 units in an on-street townhouse dwelling as the massing is appropriate.
The requested permission to permit tandem parking for the on-street townhouses is not supported. No hardship is expected as on-street townhouses are only required to have one parking space per unit.
The changes to the standard R4 regulations are summarized in the following table:
ZONE REGULATION EXISTING REGULATION REQUESTED REGULATION
Minimum Lot Area – For a townhouse dwelling
250 m2 (2,691 ft2) 180 m2 (1937.5 ft2) for each dwelling unit
Minimum Lot Frontage – For a townhouse dwelling or an apartment dwelling containing more than four dwelling units
30 m (98.4 ft) 6 m (19.7 ft) for each dwelling unit either on a street, private lane, or common elements condominium lane
Minimum Front Yard Depth- For a townhouse dwelling
6 m (19.7 ft) plus any applicable distance specified in section 4.27.1
For any part of the dwelling 4.5 m (14.7 ft) For any part of a private garage with access from the front lot line 6 m (19.7 ft)
Minimum Interior Side Yard One-half the height of the building
1.5 m
Minimum Exterior Side Yard Width
4.5 m (14.8 ft) plus any applicable distance specified in section 4.27.1
3 m (9.8 ft)
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Maximum Lot Coverage 35% 50%
Maximum Height of Building or Structure
10 m (32.81 ft) subject to section 4.7
10.5 m subject to section 4.7
Maximum Number of Detached Dwellings on One Lot
Subject to compliance with section 7.9.3, more than one dwelling is permitted on one lot
8 units in a townhouse dwelling
Parking and access requirements
In accordance with section 4.19.1
2 parking spaces for each dwelling unit which may be provided in tandem
The requested zoning is appropriate as follows:
The R4 zone is intended to regulate block townhouse dwellings;
The requested reduction in the R4 regulations for townhouses regarding required minimum lot area, front yard depth, and interior side yard are supported as suitable setbacks are being maintained and an acceptable building envelope remains. It is not expected that garages from the block townhouse will face onto a municipal street; however, if this occurs by retaining the minimum front yard depth for the private garage will result in the townhouse dwelling be more prominent which is good urban design;
The requested increase in the R4 regulations for townhouses regarding maximum lot coverage and height is supported as the resulting building dimensions and height will not have a negative impact on abutting properties; and,
The requested permission for 8 units in a block townhouse dwelling is supportive as the massing is appropriate. The request is not required as more than one dwelling is permitted on a lot.
Staff do not support the following requested changes:
The requested definition to reduce the lot frontage and interpret a private lane or common elements condominium lane as a street or to include within the requested regulations the term street is not consistent with Zoning By-law 79-200 which treats a townhouse block as a lot and frontage on a public street as the lot frontage. Current regulations permit the anticipated built form or the proposed development.
The requested minimum lot frontage in the amending by-law should retain the standard lot frontage requirement of 30 m. A requirement of 6 m frontage for each dwelling unit on a private lane or common elements condominium lane is supported;
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The requested minimum exterior side yard width is not required as neither of the side yards abuts a street or reserve; and,
The request to permit tandem parking is not supported. With 12 units and 4 visitor parking spaces proposed, the required 16 parking spaces are provided.
Planning staff recommends that the amending by-law limit the permitted uses in the site specific R4 zone to block townhouse units only to ensure the proposed block townhouse units are what is constructed.
Other Lands
The applicant is requesting the landscape block and stormwater management access block be placed under the Open Space (OS) zone. The requested zoning is appropriate for the stormwater management access block as it will function with the abutting stormwater management facility on land that is zoned OS. Staff does not support the landscape block being zoned OS as the block is recommended to be dedicated as part of the Street “A” right-of-way. The zoning would remain DH.
4. Subdivision Design and Conditions of Approval
The proposed subdivision extends Angie Drive westward to connect to Garner Road and creates 1 new municipal street, 67 dwelling units, as well as blocks for stormwater management access, and road widening. A comprehensive set of conditions, addressing City, Regional, and agency concerns, are listed in Schedule A and includes the following:
Extension of roads and services at the developer’s cost;
Land currently depicted as Block 52, the proposed landscape block, is to be dedicated as part of the Street “A” right-of-way. The Block is too small to develop on its own and its size is not acceptable as parkland dedication. A more efficient use of the land results after Street “A” is realigned to include the Block 52 land. The shifting of Street “A” will result in a comparable portion of land becoming part of the additional lands of the owner that may be developed at a later date. A draft plan condition requires the reconfiguration of Block 52 and Street “A” to be at the satisfaction of Municipal Works and Transportation Services. To ensure that any access to this road is reviewed, a 0.3 m reserve is to be located on the north side of Street “A”;
Cash in lieu of parkland dedication; and,
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All other matters typically covered under the subdivision process (i.e. execution of a subdivision agreement, provision of utilities and mail service, engineering works, landscaping, street naming, and necessary fees and securities.
FINANCIAL IMPLICATIONS The proposed development will generate development charge contributions and property tax revenue for the City. Extension of services is to be at the applicant’s cost; if other landowners benefit from the extension of these services, the City may consider the execution of a front ending agreement to require future contributions from the other land owners. There are no other financial implications.
CITY’S STRATEGIC COMMITMENT The proposed subdivision supports the Diverse and Affordable Housing Strategic Priority by providing housing to meet the needs of people of all ages, incomes and abilities. LIST OF ATTACHMENTS
Schedule 1- Location Map Schedule 2- Subdivision Plan Schedule 3- Proposed Zoning Appendix A- Conditions for Draft Plan Approval
Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted:
Jason Burgess, Chief Administrative Officer J. Hannah: cv Attach. S:\PDR\2021\PBD-2021-41, Draft Plan of Subdivision & Zoning By-law Amendment - Garner Road Subdivision (26T-11-2021-001 & AM-2021-001).docx
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SCHEDULE 1 (Location Map)
Other Lands
of Owner
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SCHEDULE 2
(Subdivision Plan)
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SCHEDULE 3
(Zoning Map)
XX
XX
XX
-XX
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APPENDIX A
1. Approval applies to the Garner Road Draft Plan of Subdivision prepared by Bousfields Inc., dated May 5, 2021, showing 47 lots for detached dwellings, Blocks 48-49 for 8 on-street townhouse units, Block 50 for 12 block townhouse units, Block 51 for stormwater management access, Block 52 for road allowance, Block 53 for road widening, and streets that are to be dedicated as public highways.
Planning and Legal
2. The developer enter into a registered Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Subdivision Agreement, they may be required to become party to the Subdivision Agreement for the purpose of enforcing such conditions. If the development is to be constructed and subdivision plans registered in two or more phases, a separate Subdivision Agreement will be required for each phase.
3. The developer submit a Solicitor’s Certificate of Ownership for the subdivision land to the City Solicitor prior to the preparation of the Subdivision Agreement.
4. The developer receive final approval of the Zoning By-law amendment to provide land use regulations to guide the development of the subdivision.
5. The developer provide three calculated plans and a letter prepared by an Ontario Land Surveyor to Planning, Building & Development confirming that all lots and blocks comply with the Zoning By-law.
6. The developer provide four copies of the pre-registration plan to Planning, Building & Development and a letter stating how all the conditions imposed have been or are to be fulfilled.
Municipal Works
7. The roadways and sidewalks be designed and constructed in accordance with City standards which, in part, include the following:
(a) Provide plan and profile drawings as part of the subdivision submission and construct the roadways to an urban cross section in accordance with City Standards;
(b) Dedication of all new road allowances (Streets “A” and “B”) to the City as public highways; all roadways and sidewalks to be constructed to municipal requirements [Street “A” 21.15 m in width with a 9.15 m collector platform width; Street “B” 18.0 m width with a 8.0 m local road platform width] ; Street “A” shall have concrete sidewalk on both sides of the road from the existing Angie Drive to garner Road and include sidewalk returns on Garner Road to facilitate future sidewalk construction/extension, as per City Standards for a
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21 m right-of-way; Street “B” shall have concrete sidewalk on the “inside of the street loop adjacent to lots 37 to 47 (inclusive) and lot 32 as per City standards and to the satisfaction of the City;
(c) Road improvements to Garner Road from of South of Lundy’s Lane to the Garner/Street “A” intersection may be required;
(d) A Development Agreement may be required for the Garner Road works;
(e) Dedication of 2.94 m wide road widening (Block 53) along the Garner Road frontage of the property;
(f) Dedication of daylighting triangle with 7 metre legs at the intersection of Garner Road and Street “A”,
(g) Dedication of daylighting triangles with 5 metre legs at all other intersections, the inside corners of road bends, and the northeast corner of Lot 42;
(h) Dedication of all road allowances and daylight triangles to the City as public highways and dedication of any 0.3 m reserves deemed necessary;
(i) Dedication of Block 52 as road allowance to form part of Street “A”, and the realignment of the Garner/Street “A” intersection and Street “A”, and the dedication of a 0.3 m reserve along Street “A” from the Garner/Street “A” intersection to the west property line of Block 49, to the satisfaction of Municipal Works and Transportation Services;
(j) Speed control measures within the subdivision, in the form of speed cushions on Street “A” between Lots 1 and 2 and just east of Block 50 (or alternative locations as determined through the detailed design assessment) to the satisfaction of the City;
(k) All streets named to the City’s satisfaction—Street “A” be named Angie Drive;
(l) That the 0.3 metre reserve, identified as Block 212 of registered plan 59M-384, be dedicated as a public highway and form part of Angie Drive; and,
(m)Provide a plan that illustrates building orientation, especially on corner lots, for addressing purposes.
8. The services be designed and constructed in accordance with City standards which, in part, include the following:
(a) Provide detailed drawings as part of the subdivision submission;
(b) Design and construction of municipal water distribution, sanitary sewer and storm sewer systems at Developer’s cost in accordance with the Ministry of Environment, Conservation and Parks (MECP) and City standards;
(c) Review of the local municipal sanitary system to the City’s satisfaction and all
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costs associated will be the sole responsibility of the developer including all required improvements prior to all final approval of the development;
(d) The existing 300 dia. sanitary sewer on Garner Rod to be extended southerly to the Garner Road/Street “A” intersection. The City is open to cost sharing for the incremental cost of the sewer greater than 250 dia.;
(e) Testing of new municipal watermains shall be completed in the presence of a Certified Water Operator using the City’s Watermain Commissioning Checklist;
(f) Provision of an overland flow route to be designed within the right-of-way for major storm events and constructed in accordance with the MECP Guidelines and City standards;
(g) Weeping tile to be connected to the storm sewer system via sump pumps and all rainwater leaders to outlet to grade and directed to front and/or rear yards;
(h) A stormwater management facility access road is required within Block 51 and across the north limit of the facility to Garner Road; and,
(i) Application of the City’s Lot Grading and Drainage Policy in accordance with City Standards.
9. The developer submit a Functional Servicing Report, signed by a professional engineer licensed to practice in the province of Ontario, demonstrating that the existing and proposed watermains and sanitary sewers are sufficient to service all phases of the development.
10. The developer submit a Stormwater Management Plan, signed by a professional engineer licensed to practice in the province of Ontario, confirming that the proposed storm sewers and stormwater management facilities are sufficient to service all phases of the development and shall reflect the draft approved plan of subdivision. It shall be designed and implemented in accordance with the MECP Guidelines and applicable regulatory Agencies to the satisfaction of the City including all maintenance assessor works.
11. The developer submit a Geotechnical Report prepared by a qualified geotechnical engineering or soils consultant, licensed in the province of Ontario, to the satisfaction of Municipal Works and shall implement any recommendations of the Geotechnical Report.
12. The developer submit Canada Post’s Plan for placement of community mail boxes to Transportation staff for review and comments.
13. The developer submit a Hydrant coverage drawing to ensure adequate fire protection.
14. The developer shall accommodate for the provision of one boulevard tree per lot and
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two boulevard trees per corner lot and shall pay the City the required fees for boulevard tree planting according to the City’s satisfaction.
15. The developer pay the Development Charges in force at the time of execution of the Subdivision Agreement and Building Permit issuance as per the City’s Development Charges By-law.
16. The developer grant the City and public utility companies any easements required to service the subdivision. The Developer shall be responsible for any and all costs related to the acquisition and transference of the aforementioned easements.
17. The developer prepare a street lighting drawing and photometric plan, in accordance with City specifications (as amended).
18. The developer submit the digital data and contract documents in accordance with the City CAD standards and prepare construction contracts using the City of Niagara Falls template including the Schedule of Quantities and Unit Prices format.
19. The developer pay the required fees for Engineering Inspection and Administration for the subdivision.
20. The developer is responsible to obtain all required Agency approvals (i.e. MNR, NPCA, DFO, Regional Niagara, MTO, MECP, CN, OPG, Hydro One Networks Inc., etc.) and is required to apply for a Site Alteration Permit if any works are to be scheduled to commence prior to full execution of any applicable Municipal Agreements.
21. The developer shall enter into a separate Subdivision Agreement for each stage of the development.
22. The developer shall enter into a Subdivision Agreement with the City of Niagara Falls to ensure all above referenced comments and conditions are addressed to the City’s satisfaction.
23. The developer shall enter into a Cost Sharing Agreement with the City of Niagara Falls for works on Garner Road for upsizing/additional depth of underground servicing and any road works deemed to qualify.
Parks Design
24. Parkland dedication to be taken as cash-in-lieu for the proposed development, based on professional appraisal
25. Landscape privacy buffering treatment to be addressed for the existing residential lots abutting the proposed development.
26. The developer provide landscape plans for the subdivision prepared and stamped by a landscape architect (OALA) to the satisfaction of the City, showing complete design and landscape information including but not limited to: fencing entrance
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features, roadway greenspaces, and streetscapes. Items such as streetscape enhancements for Garner Road would include consideration of fencing type and style, consistent in design and construction with relationship to associated development areas along Garner Road.
27. Should any subdivision entry features be proposed, details of the features be provided to Parks Design for review, along with cost estimates for initial construction and future repair/replacement of the features. NOTE: Subdivision entrance features are to be erected on lands to be dedicated to the City.
28. The developer provide accessible pedestrian routes be provided in form of sidewalks strategically located, with connectivity to townhouse blocks.
Fire Services
29. The developer submit servicing plans to the Fire Prevention Office and shall clearly indicate width of all roads, curbs radii and the location of all fire hydrants.
30. That adequate water for fire fighting purposes be immediately available and accessible with sufficient volume and/or flow to facilitate firefighting operations prior to the construction of buildings.
Bell Canada
31. The developer is hereby advised that prior to commencing any work within the Plan, the developer must 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 existing 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).
32. The developer enter into an agreement (Letter of Understanding) with Bell Canada complying with any underground servicing conditions imposed by the municipality, and if no such conditions are imposed, the developer shall advise the municipality of the arrangement made for such servicing.
33. The developer acknowledges and agrees to convey any easement(s) as deemed necessary by Bell Canada to service this new development. The developer further agrees and acknowledges to convey such easements at no cost to Bell Canada. The developer agrees that should any conflict arise with existing Bell Canada facilities where a current and valid easement exists within the subject area, the
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developer shall be responsible for the relocation of any such facilities or easements at their own cost.
34. The developer is advised to contact Bell Canada at [email protected] during the detailed utility design stage to confirm the provision of communication/telecommunication infrastructure needed to service the development. It shall be noted that it is the responsibility of the developer to provide entrance/service duct(s) from Bell Canada’s existing network infrastructure to service this development. In the event that no such network infrastructure exists, in accordance with the Bell Canada Act, the developer may be required to pay for the extension of such network infrastructure. If the developer elects not to pay for the above noted connection, Bell Canada may decide not to provide service to this development.
Canada Post
35. That Community Mail Boxes (CMBs) be located in locations determined in cooperation with Canada Post, and that the developer identify these sites on a display in the sales office and on appropriate maps, information boards and plans.
36. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that mail will be delivered via a CMB. The developer also agrees to note the locations of all CMBs within the development, and to notify affected homeowners of any established easements granted to Canada Post to permit access to CMBs.
37. The developer satisfy all requirements of Canada Post regarding granting necessary easements for CMBs, concrete pads for CMBs, temporary CMBs, walkways to CMBs, curb depressions for wheelchair access, informing potential homeowners of CMB locations, timing of construction and identification of CMBs and related works on engineering servicing drawings.
Enbridge
38. The developer shall contact Enbridge Gas Inc.’s Customer Connections department by emailing [email protected] to determine gas availability, service, and meter installation details and to ensure all gas piping is installed prior to the commencement of site landscaping (including, but not limited to: tree planting, silva cells, and/or soil trenches) and/or asphalt paving. If the gas main needs to be relocated as a result of changes in the alignment or grade of the future road allowances or for temporary gas pipe installations pertaining to phase construction, all costs are the responsibility of the applicant.
39. The developer provide Enbridge Gas Inc. with easements required to service this development, and any future adjacent developments, at no cost.
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Regional Municipality of Niagara
40. That the developer submits a Grading Plan, stamped by a qualified acoustical consultant, illustrating the required 2.4m high noise barrier along the east property line of Lot 23, along the north property lines of Lot 11 to Lot 23, and along the west property lines of Lot 11 and the north-most townhouse unit in Block 48.
41. That the developer submits verification from a qualified acoustical consultant that
the noise control measures were properly incorporated into architectural and mechanical drawings and specifications for the proposed dwellings.
42. That the subdivision agreement include a clause requiring verification from a
qualified acoustical consultant that the noise control measures have been properly installed during construction.
43. That the subdivision agreement include a clause requiring the developer to
implement the recommendations of the Noise Impact Study, prepared by Thornton Tomasetti Canada Inc. (dated June 7, 2021), including the installation of a noise barrier, forced air heating systems with the provision for future installation of air conditioning by the occupants, and inclusion of warning clauses in all development agreements and Offers and Agreements of Purchase and Sale or Lease.
44. That the developer agrees to include the following warning clauses in all Agreements
of Purchase and Sale or Lease or Occupancy for the relevant units, as outlined in the Noise Impact Study (dated June 7, 2021) and the Regional letter (dated April 9, 2021), and that they also be included in the subdivision agreement:
o “Purchasers/tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the Ministry of the Environment, Conservation and Parks' noise criteria.”
o “This dwelling unit has been designed with the provision for adding central air conditioning at the occupant’s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of Environment.”
o “The lands in the plan of subdivision may be exposed to noise, reduced air quality, odour, dust or vibrations from nearby industrial/commercial operations that may interfere with some activities of the owners/tenants who occupy these lands.”
o “These lands are in proximity to lands designated for agricultural uses. The lands may be subject to noise, odour, and/or dust from nearby agricultural operations that may interfere with some activities of the dwelling occupants.”
45. That the developer receive acceptance from the Ministry of Heritage, Sport, Tourism
and Culture Industries (MHSTCI) for the Stage 1 Archaeological Assessment,
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prepared by Amec Foster Wheeler Environment & Infrastructure (dated June 16, 2017). If the Ministry requires further archaeological work to be completed prior to acknowledging this report, these report(s) must also be submitted to and acknowledged by the Ministry, to the satisfaction of Niagara Region, prior to clearance of this condition. No demolition, grading or other soil disturbances shall take place on the subject property prior to the issuance of a letter from MHSTCI through Niagara Region, confirming that all archaeological resource concerns have met licensing and resource conservation requirements.
46. That the developer submit a Stage 2 archaeological assessment (and any required
subsequent archaeological assessments), for the undisturbed and well drained portions of the subject land (as illustrated in Appendix A: Figure 6 of the Stage 1 Archaeological Assessment, prepared by Amec Foster Wheeler Environment & Infrastructure, dated June 16, 2017), to the Ministry of Heritage, Sport, Tourism and Culture Industries (MHSTCI) and receive an acknowledgement letter from the MHSTCI (copied to Niagara Region) confirming that all archaeological resource concerns have met licensing and resource conservation requirements prior to any development on the site. The remainder of the subject lands (Appendix A: Figure 7 of the Assessment) does not require further archaeological assessment. If Stage 3 or 4 study is recommended to mitigate any adverse impacts to significant archaeological resources found on the site through preservation or resource removal and documentation by the licensed archaeologist or the Ministry, these report(s) must also be submitted to and acknowledged by the Ministry, to the satisfaction of Niagara Region, prior to clearance of this condition. No demolition, grading or other soil disturbances shall take place on the subject property prior to the issuance of a letter from the MHSTCI through Niagara Region confirming that all archaeological resource concerns have met licensing and resource conservation requirements.
47. That the subdivision agreement include the following clause: “Should deeply buried archaeological remains/resources be found during
construction activities, all activities impacting archaeological resources must cease immediately, and the proponent must notify the Archaeology Programs Unit of the Ministry of Heritage, Sport, Tourism and Culture Industries (416-212-8886) and contact a licensed archaeologist to carry out an archaeological assessment in accordance with the Ontario Heritage Act and the Standards and Guidelines for Consultant Archaeologists.
In the event that human remains are encountered during construction, all activities
must cease immediately and the local police as well as the Cemeteries Regulation Unit of the Ministry of Government and Consumer Services (416-326-8800) must be contacted. In situations where human remains are associated with archaeological resources, the Ministry of Heritage, Sport, Tourism and Culture and Industries should also be notified to ensure that the site is not subject to unlicensed alterations which would be a contravention of the Ontario Heritage Act.”
48. That the developer provides a written acknowledgement to Niagara Region stating
that draft approval of this subdivision does not include a commitment of servicing
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allocation by Niagara Region as servicing allocation will not be assigned until the plan is registered and that any pre-servicing will be at the sole risk and responsibility of the developer.
49. That the developer provides a written undertaking to Niagara Region stating that all
Offers and Agreements of Purchase and Sale or Lease, which may be negotiated prior to registration of this subdivision, shall contain a clause indicating that servicing allocation for the subdivision will not be assigned until the plan is registered. A similar clause shall be inserted in the subdivision agreement between the developer and the City.
50. That prior to final approval for registration of this plan of subdivision, the developer
shall submit the design drawings [with calculations] for the sanitary and storm drainage systems required to service this development and obtain Ministry of the Environment Conservation and Parks Environmental Compliance Approval(s) under the Transfer of Review Program.
51. That prior to approval of the final plan or any on-site grading, the developer shall
submit a detailed stormwater management plan for the subdivision and the following plans designed and sealed by a qualified professional engineer in accordance with the Ministry of the Environment, Conservation and Parks documents entitled Stormwater Management Planning and Design Manual (March 2003) and Stormwater Quality Guidelines for New Development (May 1991), or their successors to Niagara Region for review and approval:
a) Detailed lot grading, servicing and drainage plans, noting both existing and
proposed grades and the means whereby overland flows will be accommodated across the site;
b) Detailed construction plan, including erosion and sediment control plan, for
retrofitting the stormwater management facility;
c) That the developer provide Niagara Region a copy of the Ministry Environmental Compliance approval for the stormwater management facility to service this development.
52. That the subdivision agreement between the developer and the City contain
provisions whereby the developer agrees to implement the approved plan(s) required in accordance with the above Condition.
53. That detailed engineering plans for the proposed site servicing be submitted
showing any required removal and replacement works for the existing Regional signal infrastructure at the intersection of Garner Road and Lundy’s Lane.
54. That the developer ensure that all streets and development blocks can provide an
access in accordance with Niagara Region’s Corporate Policy and By-laws relating to the curbside collection of waste and recycling.
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NOTES 1) Prior to granting final approval, the City must be in receipt of written
confirmation that the requirements of each condition have been met satisfactorily and that all fees have been paid to the satisfaction of Niagara Region. Clearance requests shall be submitted to the Region in accordance with the Memorandum of Understanding, which stipulates that requests for formal clearance of conditions are to be received and circulated to the Region by the local municipality. The local municipality is also responsible for circulating a copy of the draft agreement, and the Region is unable to provide a final clearance letter until the draft agreement is received. The Region is committed to reviewing submissions related to individual conditions prior to receiving the formal request for clearance. In this regard, studies and reports (one hard copy and a PDF digital copy) can be sent directly to the Region with a copy provided to the local municipality.
2) Prior to final approval for registration, a copy of the executed Subdivision Agreement for the proposed development should be submitted to Niagara Region for verification that the appropriate clauses have been included. Niagara Region recommends that a copy of the draft agreement be provided in order to allow for the incorporation of any necessary revisions prior to execution.
55. That the developer agrees to include the following warning clause in all Agreements of Purchase and Sale or Lease or Occupancy that they also be included in the subdivision agreement:
o “The lands in the plan of subdivision may be exposed to campfire smoke
from nearby campground operations that may interfere with some activities of the owners/tenants who occupy these lands.”
Clearance of Conditions
Prior to granting approval to the final plan, Planning, Building & Development requires
written notice from applicable City Divisions and the following agencies indicating that
their respective conditions have been satisfied:
Legal Services for Conditions 2 and 3
Planning and Development Services for Conditions 4 to 6 inclusive
Transportation Services for Condition 7
Municipal Works for Conditions 7 to 8 inclusive
Landscape Architect for Conditions 24 to 28 inclusive
Fire Services for Conditions 29 to 30 inclusive
Bell Canada for Conditions 31 to 34 inclusive
Canada Post for Conditions 35 to 37 inclusive
Enbridge Gas Inc. for Conditions 38 to 39 inclusive
Regional Municipality of Niagara for Conditions 40 to 54 inclusive