THAT a By-Law be submitted to Council authorizing the Mayor and the Clerk to execute the Site Plan Agreement and requisite documents.

Transcription

1 Town of Fort Erie Community & Development Services Prepared for: Council-in-Committee Report No.: CDS Agenda Date: November 6, 2006 File No.: Subject: SITE PLAN AGREEMENT ALBERT STREET TOWNHOMES 121 and 129 ALBERT STREET HABITAT DEVELOPERS INC. (RESHMA NANAVATI & ZAHRA LALANI) ROLL NOS AND Recommendations: THAT the Town enter into a Site Plan Agreement with Reshma Nanavati and Zahra Lalani for the Albert Street Townhomes Development located on the west side of Albert Street, south of Dominion Road, subject to receipt of the final drawings to Town s satisfaction; THAT a By-law be submitted to Council to amend Zoning By-law removing the Holding Provisions after the Owner has entered into a Site Plan Agreement with the Town; and THAT a By-Law be submitted to Council authorizing the Mayor and the Clerk to execute the Site Plan Agreement and requisite documents. List of Stakeholders: Ontario Inc. Prepared by: Submitted by: Approved by: M. S. Amio, C.E.T. Development Coordinator R. Mostacci, MCIP, RPP Director, Community & Development Services H. Schlange, MBA Chief Administrative Officer /msa

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3 Purpose of Report The purpose of this report is to recommend the approval and entry into a Site Plan Agreement with Reshma Nanavati and Zahra Lalani for the proposed freehold street townhome development on the west side of Albert Street, south of Dominion Road. Background The property proposed for the freehold street townhomes is located in the Lakeshore Neighbourhood, on the west side of Albert Street and the south side of Dominion Road. The property was the subject of a Zoning By-law Amendment which was approved by Council through By-law No that rezoned the property from Residential 2 R2 Zone to a Residential Multiple 1 Holding RM1 345(H) Zone. The formal Site Plan application for this development was received on November 21, 2005 from Reshma Nanavati and Zahra Lalani, owners of the proposed Albert Street Townhomes development. The property was also the subject of an Application for Minor Variance where the proposed building will be within 5.8m (19 feet) of the exterior side lot and a building height of 11.58m (38 feet). The Committee of Adjustment, at its meeting of August 10 th, 2006, approved the application subject to the owner installing a board on board privacy fence and tree plantings along the south property limit of the property to provide privacy for residents on Avenue A. Attached as Appendix 1 is a Location Plan outlining the general location of the proposed development and Appendix 2 is the General Servicing Plan showing the proposed on-site services. Analysis The proposed development is located on the west side of Albert Street and the south side of Dominion Road (Regional Road No.1) with a total lot area of approximately 0.30 ha. The subject property consists of Lots 1 and 12, Plan 69/NP 409 in the Town of Fort Erie, Regional Municipality of Niagara. The proposal is to develop a total of 9 freehold street townhome units in 2 separate building blocks on the subject property, described in the Site Plan as Block One and Block Two. The Owner has proposed that construction be carried out in 2 phases, Phase 1 shall be the construction of Block One with 5 units fronting Albert Street including all associated off-site and on-site services. Phase 2 will be the construction of Block Two with 4 units fronting Dominion Road including all associated off-site and onsite services. Off-site services will include the reconstruction of Dominion Road to urban standard. There is a Draft Plan of Subdivision adjacent to this development that was tabled for Council approval on August 21 st, 2006 via Staff Report CDS The report was not approved. However, it is being reconsidered at the October 2, 2006 Council-in-Committee meeting and approved. The report recommended that a condition of Draft Plan Approval for the Subdivision, require the developer to widen Dominion Road across the proposed

4 development s frontage to 13.11m (43 ) from the centreline and reconstruct Dominion Road to urban standard across the 10 lots fronting this development. In order to maintain consistency for an urbanized section of Dominion Road fronting new developments, the Owner of the Albert Street Townhomes development will be required to reconstruct, at the least, the southerly half of Dominion Road to urban standard, from Albert Street to the west limit of the development. Given that there is no Regional or Town budget allotted nor there is any immediate plan for the full reconstruction of Dominion Road to urban standard, a security guarantee in the form of Cash or a Letter of Credit for the Owner s share of the reconstruction cost under Phase 1 has to be deposited with the Town as identified in the Financial Schedule, copy attached as Appendix 3. The amount of road reconstruction security guarantee will be based on the frontage along Dominion Road for each phase. Prior to expiry of the Maintenance Guarantee for services and the return of the security guarantee to the Owner or the commencement of reconstruction of Dominion Road, whichever comes first, the Owner will be required to pay to the Town, its cash contribution for the road reconstruction as identified in the Financial Schedule. The site plan drawings have been reviewed by Town Staff and the proposal generally conforms to Municipality s standards. Regional Staff also reviewed the proposal and they are supportive of the Town s position to require the Owner to urbanize Dominion Road. Staff identified minor issues still to be addressed based on the Owner s last submission. Notwithstanding, staff recommends that Site Plan Approval be granted subject to receipt of the final Site Plan drawings to staff s satisfaction. Phase 1 will also require an exemption from the Part Lot Control provisions of The Planning Act and this will be a subject of a future report to Council when the Owner makes the application for Part Lot Control exemption. The servicing requirements for this development will be to the Town s normal standard. Municipal sanitary sewer, storm sewer and watermain are available on Albert Street for Phase 1. Under Phase 2, the Owner may be required to provide a storm sewer system along Dominion Road associated with the reconstruction of Dominion Road. A couple of catch basins with flatter perimeter swales will be the extent of on-site drainage for this development. Staff is satisfied that the increase in runoff from these 9-unit townhomes will be negligible and stormwater management will not be necessary. The catch basins will be installed within a three (3) metre storm drainage easement to be conveyed to the Town. Attached as Appendix 4 is Schedule H, Special Provisions of the Site Plan Agreement. These Schedules together with the Town s standard Site Plan Agreement will formulate the final agreement. The final Site Plan Agreement and any requisite documentation(s) will be forwarded to Council together with an implementing By-Law once all the Municipality's requirements have been met. Financial/Staffing Implications All administration and legal cost associated with the development of this property are the responsibility of the Owner.

5 Policies Affecting the Proposal The lands are being developed in accordance with the applicable policies contained in the Planning Act, R.S.O. 1990, the Town s Official Plan, the Comprehensive Zoning Bylaw and the Town s Site Planning Control requirements as established by By-Law No Comments from Relevant Departments/Community and Corporate Partners The site plan drawings have been reviewed internally by the Town s Infrastructure Services Department and the Community & Development Services Department. Staff has noted some minor issues still to be addressed by the proponent to staff s satisfaction prior to registering the Site Plan Agreement. Regional Staff also reviewed the drawings and requested that a 5.0m x 5.0m daylight triangle be conveyed to the Region at the corner of Dominion Road and Albert Street. All units facing Dominion Road will require turnaround areas on private properties (within the site). Alternatives None recommended. Conclusion In order to allow the proposed development to proceed, Council must adopt a By-law authorizing the Mayor and Clerk to execute the Site Plan Agreement and other requisite documents. Subsequently, a By-law to remove the Rezoning Holding Provision (H) will be required in order to permit this development to proceed. Attachments Appendix "1" Location Plan Appendix "2 Site Servicing, Grading & Drainage Plan Appendix 3 Security and Financial Requirements Appendix 4 Special Provisions

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