and Members of Municipal Council

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1 REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M. Diodati and Members of Municipal Council Planning, Building & Development 26T Winzen Niagara Draft Plan of Subdivision 4825 Pettit Avenue Applicant: Winzen Niagara Homes Ltd. (Raymond Zenkovich) Agent: Upper Canada Consulting (William Heikoop) RECOMMENDATION 1. That the Winzen Niagara Plan of Subdivision be draft approved subject to the conditions in Appendix A. 2. 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. 3. 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. 4. 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 Winzen Niagara Homes Ltd. has applied to subdivide 4.2 hectares of land located at 4825 Pettit Avenue into 11 blocks of land for 61 on-street townhouse dwelling units fronting onto Pettit Avenue and Cropp Street and a 12 th block of land for the future development of multiple unit residential dwellings. Planning staff recommends the applications for the following reasons: The proposal complies with Provincial policies with respect to achieving intensification within the Built-Up Area; and, The subdivision complies with the Residential and Special Policy Area designation in the City s Official Plan and the site specific zoning by-law, as approved by the Ontario Municipal Board. The conditions of draft plan approval, which address noise, servicing, reconstruction of Pettit Avenue and Cropp Street, parkland dedication, utility installation, mitigation of

2 2 impacts from the railway and all other matters related to the development of the subdivision, are listed in Appendix A. BACKGROUND Proposal Winzen Niagara Homes Ltd. has applied to subdivide 4.2 hectares of land located at 4825 Pettit Avenue into 11 blocks of land for 61 on-street townhouse dwelling units fronting on to Pettit Avenue and Cropp Street and a 12 th block of land for the future development of stacked townhouse dwellings and apartment buildings. Refer to Schedule 1 for further detail. The land is designated Residential and a Special Policy Area, which permits the development of the frontage lands with single detached, semi-detached and on-street townhouse dwellings and the balance of the lands with 4 to 6 storey apartment buildings with densities up to 128 units per hectare. The frontage of the land along Cropp Street and Pettit Avenue is zoned a site specific Residential Mixed (R3-989) zone which permits the proposed on-street townhouse dwellings, while the balance of the land behind is zoned a site specific Residential Apartment 5D Density (R5D-990) zone, which permits apartment buildings and stacked townhouses. Site Conditions Surrounding Land Uses The land was once used for industrial purposes but is now vacant. The property is flat with little vegetation. Lands to the south and east are occupied by single detached and semi-detached dwellings. Lands to the west are mainly used for automotive purposes. The CN railway abuts the land to the north. Circulation Comments Regional Municipality of Niagara (the Region) - No objections from a Regional or Provincial perspective. Requested conditions are included in Appendix A and address noise and vibration mitigation, servicing and waste collection as well as required warning clauses. Parks Design, Transportation Services, Municipal Works, Fire Services, Enbridge Gas, Niagara Peninsula Conservation Authority (NPCA) and Canada Post - No objections, subject to the conditions included in Appendix A.

3 3 ANALYSIS/RATIONALE 1. Provincial Policy Statement and Growth Plan The Planning Act requires City planning decisions to comply with Provincial policies. These policies direct municipalities to facilitate residential intensification by directing 40% of all residential development to built-up areas. The proposed development will assist in meeting these targets and is a form of residential intensification promoted by the Province. 2. Official Plan Official Plan Amendment No. 111, approved by the Ontario Municipal Board in 2013, designates the subject land as Residential and Special Policy Area No. 66. This Special Policy Area permits the development of single detached, semidetached, on-street townhouse dwellings, or a combination thereof, with a density range of 34 to 61 units per hectare, along Pettit Avenue and Cropp Street and the balance of the lands with apartment dwellings up to a maximum density of 128 units per hectare. The proposed subdivision complies with the Official Plan as follows: blocks of land for the on-street townhouse units are located along Cropp Street and Pettit Avenue and will result in a density of 54 units per hectare, within the permitted density range, providing a transition from the low density residential uses to the south and east and the higher density development proposed for the rest of the land; the 12 th block will be developed for apartment buildings and stacked townhouses in conformity with the Special Policy Area policies; and the required environmental studies have been completed and a Record of Site Condition has been filed with the Ministry of Environment and Climate Change. Therefore the site is suitable for residential use. 3. Zoning By-law Blocks 1 to 11 inclusive are zoned site specific Residential Mixed (R3-989), in accordance with Zoning By-law No as amended, which permits single detached, semi-detached and on-street townhouse dwellings. The proposed onstreet townhouse blocks and units comply with the lot area and lot frontage regulations of this zone. Block 12 is zoned site specific Residential Apartment 5D Density (R5D-990). The applicant intends to develop these lands in the future for apartment buildings and stacked townhouses through a separate condominium application. The R5D-990 zone permits these types of dwellings.

4 4 4. Subdivision Design and Conditions of Approval The proposed subdivision will divide the frontage lands in 11 blocks for on-street townhouse dwelling units as the first phase of development. Block 12 would be developed with apartment and stacked townhouse buildings as the second phase. The individual townhouse dwelling units would have frontages of between 6.1 and 10.9 metres, which complies with zoning. Due to the CN rail line to the north of the property, noise and vibration mitigation measures are required. The noise and vibration study submitted with the application recommends a safety berm and sound wall, with a combined height of 5.5 metres on Block 12, upgraded building construction, provision for air conditioning, masonry walls for dwelling units within 100 metres of the railway and warning clauses. In addition, the typical requirements of CN Rail, including chain link fencing, drainage report and an environmental easement to be registered on title, are secured through the conditions listed in Appendix A. The development proposes the utilization of existing water and sewer infrastructure services along Pettit Avenue and Cropp Street, which in some cases dates back to the 1960 s. To ensure there is capacity for the townhouses the applicant will be required to confirm available flow and pressure in a servicing brief. Furthermore, if existing infrastructure cannot accommodate the new connections without getting damaged, the developer may be required to install new PVC water and sanitary pipes at its expense. In addition, disturbed paved areas of Pettit Avenue and Cropp Street will be required to be repaved at the applicant s expense to the satisfaction of the City. To ensure proper turn around facilities for emergency and waste disposal vehicles a proper turn around bulb is required to be built at the north end of Pettit Avenue. The additional land required to accommodate the bulb will need to be dedicated to the City from Block 12. The balance of the conditions in Appendix A are standard conditions of draft plan approval and include the dedication of necessary daylight triangle, installation of municipal services, road and pathway construction, provision of utilities to the subdivision and submission of necessary cash-in-lieu of parkland payment, development fees and securities to the City. FINANCIAL IMPLICATIONS The proposed development will generate development charge contributions, funds for park development and property tax revenue for the City. There are no other financial implications. CITY S STRATEGIC COMMITMENT The proposed subdivision complies with the City s Official Plan and Zoning By-law.

5 5 LIST OF ATTACHMENTS Schedule 1 Location Map Schedule 2 Subdivision Plan Appendix A Conditions for Draft Plan Approval Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Bryce:mb Attach. S:\PDR\2018\, 26T , Winzen Niagara.docx

6 6 SCHEDULE 1

7 7 SCHEDULE 2

8 8 APPENDIX A Conditions for Draft Plan Approval 1. Approval applies to the Winzen Niagara Draft Plan of Subdivision prepared by Upper Canada Consultants, dated November 17, 2017, showing 11 blocks for 61 on-street townhouse dwelling units, 1 block for future development and 1 block for a daylight triangle. 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 subject lands. 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 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 lands to the City Solicitor prior to the preparation of the Subdivision Agreement. 4. The subdivision be designed and constructed in accordance with City standards which, in part, include the following: (a) (b) (c) (d) (e) (f) (g) (h) Roadways and sidewalks to municipal requirements; Dedication of a daylight triangle with 5 metre legs at the north-west corner of Pettit Avenue and Cropp Street; Construction of a turning basin at the north end of Pettit Avenue, with necessary land for its construction to be dedicated by the applicant; Replacement of concrete curbs and gutters on both sides of Cropp Street and Pettit Avenue abutting the property in accordance with City standards; Resurfacing of the full width of Cropp Street and Pettit Avenue with hot mix asphalt in accordance with City standards for the lengths impacted by the development; A sidewalk to be constructed on north side of Cropp Street and the west side of Pettit Avenue, and tactile warning plates added to the existing sidewalks at the Cropp Street and University Avenue, Pettit Avenue and Cropp Street and Burdette Avenue intersection crossings, and maintenance of the connectivity to Morrison Street, and replacement of any sidewalk damaged by construction related to the proposed development, all to the City s satisfaction; Confirmation of available flow, pressure and capacity for water, sewer and storm sewer systems in a servicing brief to be prepared and signed by a professional engineer; Provision of water distribution, sanitary sewer and storm sewer systems in accordance with the Ministry of the Environment and Climate Change (MOECC) Guidelines and City Standards;

9 9 (i) (j) (k) (l) (m) Testing of the watermains shall be completed in the presence of a Certified Water operator using the City s Watermain Commissioning Checklist; Weeping tile be connected to the storm sewer system via sump pumps and all rainwater leaders outlet to grade and be directed to the front/rear yards; Connections to existing maintenance holes and sewers shall be professionally cored in place and slugs removed; Provision of an overland storm water flow route, designed within the right-ofway for major storm events and constructed in accordance with the MOECC and City Standards; and Application of the City s Lot Grading and Drainage Policy in accordance with the City Standards, with the design to allow for the efficient drainage of surface water away from the buildings to a suitable outlet. 5. The developer submit a Geotechnical Report prepared by a Soils Consultant to the satisfaction of Municipal Works. 6. The developer pay the Development Charges in force at the time of execution of the Subdivision Agreement as per the City s Development Charges By-law. 7. The developer grant the City and public utility companies any easements required to service the subdivision. 8. The developer submit the digital data and contract documents in accordance with the City CAD standards, and itemized in accordance with the City Schedule of Quantities and Unit Prices format. 9. The developer pay the required fees for Engineering Inspection and Administration for the subdivision. 10 The developer accommodate the provision of one boulevard tree per lot and two boulevard trees per corner lot and pay to the City $350 per tree for this provision, in accordance with City policy. 11. The developer pay cash-in-lieu of parkland dedication to the City in the amount equal to 5% of the appraised value of the lands to be subdivided as determined by a qualified appraiser, to the satisfaction of the City. 12. The applicant confirm there is sufficient hydrant coverage for Blocks 1 and the 2 to the satisfaction of Fire Services. 13. The developer provide three calculated plans and a letter prepared by an Ontario Land Surveyor to Planning, Building & Development confirming that all blocks comply with the Zoning By-law. 14. 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.

10 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 available. In the event that such infrastructure is not available, the developer shall 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 the above noted connection, the developer shall be required to demonstrate to the satisfaction of the municipality that sufficient alternative communication/telecommunication facilities will be provided to enable, at a minimum, the effective delivery of communication/ telecommunication services for emergency management services (i.e. 911 Emergency Services). 16. That Community Mail Boxes (CMBs) be located in locations determined by Canada Post, and that the developer identify these sites on a display in the sales office prior to offering any units for sale. 17. The developer agree in the Subdivision Agreement, in words satisfactory to Canada Post, to grant to Canada Post any easements that may be required for the installation of CMBs on private property. 18. 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 notify homeowners of the locations of CMBs within the development, and to notify affected homeowners of any established easements granted to Canada Post to permit access to CMBs. 19. The developer satisfy all requirements of Canada Post regarding 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. 20. The developer contact Enbridge Gas Distribution s Customer Connections Department by ing SalesArea80@enbridge.com for service and meter installation details, and 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. NOTE: If a 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. 21. The developer establish grades to the satisfaction of Enbridge Gas Distribution prior to installation of the gas lines and provide Enbridge Gas Distribution with the necessary field survey information required for installation of gas lines. 22. The developer provide Enbridge Gas Distribution with the necessary easements in the event they are required to service the development. 23. The subdivision agreement contain a provision whereby the developer agrees to implement the approved noise and vibration mitigation measures and ensure the

11 11 required warning clauses be included in all offers and agreements of purchase and sale or lease for each dwelling unit to survive closing in accordance with the Noise and Vibration Feasibility Study (dated August 17, 2017) prepared by HGC Engineering. 24. The following clause be included in the subdivision agreement: Should previously undocumented archaeological resources be discovered on the property during construction activities, construction and alteration of the site shall immediately cease and the developer shall notify the Ministry of Tourism, Culture and Sport (Culture Program Unit) in London ( ) and engages a licensed consulting archaeologist to carry out archaeological fieldwork in compliance with Section 48(1) of the Ontario Heritage Act. As on virtually any property in southern Ontario, it is possible that Aboriginal or Euro-Canadian burials could be present within the development area. In the event that human remains are encountered during construction activities, construction shall immediately cease and the proponent shall notify the Niagara Regional Police, the local coroner, the Ministry of Tourism, Culture and Sport (Culture Program Unit, London office), and the Registrar, Cemeteries Regulation Unit of the Ontario Ministry of Consumer Services in Toronto. 25. The developer promptly acknowledges to the Niagara Region Planning and Development Services Department (Development Services Division) that draft approval of this subdivision does not include a commitment of servicing allocation by the Regional Municipality of Niagara as this servicing allocation will be assigned at the time of final approval of the Subdivision for registration purposes and any pre-servicing. 26. Following notice of draft plan approval, the developer shall provide the Niagara Region Planning and Development Services Department (Development Services Division) with a written undertaking stating that all offers and agreements of purchase and sale which may be negotiated prior to and after registration of this subdivision shall contain a clause clearly indicating that a servicing allocation for this subdivision will not be assigned until the plan is granted final approval for registration. 27. The developer submit the sanitary sewer and storm drainage system design drawings (with calculations) for this development for review and approval. Note: Transfer of Review applications require submission to Niagara Region; direct applications are submitted to the MOECC Toronto office. 28. The developer obtain the required Ministry of the Environment and Climate Change (MOECC) Environmental Compliance Approvals and submit a copy to Niagara Region Development Services. 29. The developer ensure that the plan is in accordance with the Regional Municipality of Niagara waste collection policy for Commencement of Collection for New and

12 12 Redevelopments. Note: That the developer shall construct a turnaround on Pettit Avenue in accordance with OPSD standards that would also meet the Regional Municipality of Niagara Policy C3.007, Requirement for Commencement of Collection for New and Redevelopments NOTES: 1. Prior to granting final plan approval, the City must be in receipt of written confirmation that the requirements of each condition have been met and all fees have been paid to the satisfaction of the Niagara Region. 2. Prior to final approval for registration, a copy of the executed subdivision agreement for the proposed development should be submitted to the Niagara Region for verification that the appropriate clauses pertaining to any of these conditions have been included. NOTE: The Niagara Region recommends that a copy of the draft agreement also be provided in order to allow for the incorporation of any necessary revision prior to execution. 3. As required as part of the conditions of approval, the format for all studies and reports to be submitted to the Niagara Region shall be two hard copies and a PDF digital copy. 30. The developer submit to the Niagara Peninsula Conservation Authority (NPCA), for review and approval, detailed grading, storm servicing, stormwater management and construction sediment and erosion control drawings. 31. That condition 30 above be incorporated into the subdivision agreement between the developer and the City, to the satisfaction of the NPCA. The City shall circulate the draft subdivision agreement to the NPCA for its review and approval. 32. The developer enter into a development agreement with CN railway, to be registered on title and to address all their requirements of development which shall include but not be limited to construction of the berm and acoustic fence, implementation of the recommendations of the Noise and Vibration Feasibility Study, prepared by HGC Engineering, warning clauses and drainage, all to the satisfaction of CN Railway. 33. An environmental easement be registered on title to the satisfaction of CN railway. 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

13 13 Municipal Works for Conditions 4 to 9 inclusive Landscape Architect for Conditions 10 and 11 Transportation Services for Condition 4 Fire Services for Conditions 12 Planning and Development Services for Conditions 13 and 14 Bell Canada for Condition 15 Canada Post for Conditions 16 to 19 inclusive Enbridge Gas Distribution Inc. for Conditions 20 to 22 inclusive Regional Municipality of Niagara for Conditions 23 to 29 inclusive Niagara Peninsula Conservation Authority for Condition 30 and 31 CN Rail for Conditions 32 and 33