1. Elaine Brunn Shaw, City Planner, re: Brookpoint Estates Request for Exemption from Construction Prohibition for Block 84 on Linden Drive

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1 Corporation of the City of Cambridge Special Council Meeting No Tuesday, November 7, 2017 Historic City Hall 46 Dickson Street 6:30 p.m. AGENDA Meeting Called to Order Disclosure of Interest Presentations 1. Elaine Brunn Shaw, City Planner, re: Brookpoint Estates Request for Exemption from Construction Prohibition for Block 84 on Linden Drive Delegations 1. Kathy Di Silvestro, Brookpoint Estates and Elaine Gosnell, NSRI, re: Brookpoint Estates Request for Exemption from Construction Prohibition for Block 84 on Linden Drive Reports Community Development 1. Brookpoint Estates Request for Exemption from Construction PP Prohibition for Block 84 on Linden Drive THAT the request by Brookpoint Estates for exemption from the construction prohibition for Block 84 on Linden Drive be approved for reasons as set out in Report (CD); AND THAT the required monitoring program begin immediately and that a letter report on results be submitted by the developer s qualified consultant to the City, Region and Ministry of Natural Resources and Forestry monthly by the following dates: November 30, 2017; December 31, 2017; January 31, 2018; February 28, 2018; and March 30, 2018; 1

2 AND THAT the City will not release the Letter of Credit for the subdivision agreement until the above referenced monitoring program has been completed to the satisfaction of the City and the Region; AND THAT Council agrees to pass a by-law which restricts construction hours from 8:00 a.m. to 5:00 p.m. for Block 84 of Plan 58M-582; AND FURTHER THAT the construction schedule for exterior construction of six townhouse blocks at one time as set out in Report (CD) be approved. Introduction and Consideration of By-laws THAT leave be given the Mover and Seconder to introduce the following by-laws: Being a by-law to regulate the hours of construction Confirmatory By-law Being a by-law of the Corporation of the City of Cambridge to confirm the proceedings of the Council of the Corporation of the City of Cambridge at its meeting held the 7th day of November, PASSED AND ENACTED this 7th day of November, Close of Meeting 2

3 ITEM #1 Meeting Date: 11/07/2017 Report #: (CD) To: COUNCIL Report Date: 10/30/2017 Report Author: Elaine Brunn Shaw, City Planner Department: Division: Report Title: Community Development Planning Services Brookpoint Estates Request for Exemption from Construction Prohibition for Block 84 on Linden Drive File No: 30T Ward No: 1 RECOMMENDATION(S) THAT the request by Brookpoint Estates for exemption from the construction prohibition for Block 84 on Linden Drive be approved for reasons as set out in Report (CD); AND THAT the required monitoring program begin immediately and that a letter report on results be submitted by the developer s qualified consultant to the City, Region and Ministry of Natural Resources and Forestry monthly by the following dates: November 30, 2017; December 31, 2017; January 31, 2018; February 28, 2018; and March 30, 2018; AND THAT the City will not release the Letter of Credit for the subdivision agreement until the above referenced monitoring program has been completed to the satisfaction of the City and the Region; AND THAT Council agrees to pass a by-law which restricts construction hours from 8:00 a.m. to 5:00 p.m. for Block 84 of Plan 58M-582; AND FURTHER THAT the construction schedule for exterior construction of six townhouse blocks at one time as set out in Report (CD) be approved. SUMMARY Brookpoint Estates is requesting that construction on Block 84 for a 71 unit townhouse development be permitted to continue during the November 15, 2017 March 15, 2018 construction prohibition 3

4 period. The developer wants to be able to carry out all exterior and interior construction with the exception of any grading on land abutting the Grand River. Planning staff is recommending approval of the request based upon the Bald Eagle habitat monitoring information that has been provided in support of the request by the developer s consultant. Region of Waterloo staff is also in agreement subject to the conditions set out in this report. The exemption will permit exterior home construction for a maximum of six blocks of townhouses at once in order to minimize cumulative noise levels. In order to prevent any impacts to night roosting and early morning activities by Bald Eagles in the area, a site specific noise by-law is being recommended. BACKGROUND Brookpoint Estates Inc. ( the developer ), entered into a Subdivision Agreement with the City which contained conditions prohibiting defined types of construction in specific areas of the subdivision during the winter season (November 15 to March 31 st ). The purpose of the condition was to protect the local Bald Eagle winter nesting habitat. A representative for Brookpoint Estates Inc. has advised that a total of 87 townhouses is underway on Blocks 84 and 88. Construction on Block 88 has been delayed due to the detection of three bank swallow nests on that Block. The timing of future construction of Block 88 (southeast corner of Linden Dr and River Forks Lane) is delayed until the Ministry of Natural Resources and Forestry and the developer can determine the permitted timing of development. The location of these two blocks is shown on Attachment 2. Developer s Request The developer would like to proceed with building 71 townhouses on Block 84 during the winter construction prohibition period. The developer wants to be able to carry out all exterior and interior construction with the exception of any grading on land abutting the Grand River. The developer s consultant NRSI submitted Bald Eagle monitoring information in support of the current request. NRSI s Biologist has included three recommendations to allow winter construction for Block 84 which are referenced later in this report. Previous Council Decision In December 2016, Cambridge Council permitted some construction during the prohibition period. A summary of that approval is included in Attachment 1. Amended conditions 43. That the subdivision servicing agreement require the owner/developer to restrict the timing of any grading, servicing or outside construction (including but not limited to excavation, 4

5 framing, servicing, roofing, siding, paving and landscaping) for lots 165 to 183 and lots 226 to 235 inclusive and Block 84 all on Plan 58M-582, to the times between April 1 st to November 14 th only and further, that indoor construction be limited to activities that do not involve the use of machinery, power equipment or power/pneumatic tools, such as the installation of drywall, plumbing and painting for lots 165 to 183, lots 226 to 235 inclusive and Block 84 on Plan 58M- 582 between November 15 th and March 31 st, to the satisfaction of the Regional Municipality of Waterloo, the City of Cambridge and in consultation with the Ministry of Natural Resources; 43.1 Notwithstanding clause 43 of Schedule G of this Agreement, an owner (or builder, acting on behalf of the owner) in possession (the purchaser) of a lot or condominium unit on lots 165 to 183, and lots 226 to 235 inclusive and Block 84 on Plan 58M-582 may undertake at any time: ANALYSIS i. indoor and outdoor construction for the purpose of upgrading, finishing or repairing the residential unit; and ii. indoor or outdoor warranty related (under Tarion or any successor to Tarion) construction. Strategic Alignment: PLACE: To take care of, celebrate and share the great features in Cambridge that we love and mean the most to us. Goal #2 - Governance and Leadership Objective 2.4 Work collaboratively with other government agencies and partners to achieve common goals and ensure representation of community interests. This report is for the purpose of seeking Council s decision where a balancing of the public interest, the request of a developer and the protection of the natural environment are considered. Existing Policy/By-Law: The Subdivision Agreement restricts construction in certain areas of the subdivision as noted above. Financial Impact: No financial impact to the City at this point. Public Input: Notice of this matter being considered at the November 7, 2017 Planning & Development Committee has been provided to the developer and parties to the earlier Ontario Municipal Board hearing. 5

6 Internal/External Consultation: The developer has discussed the request with City and Region of Waterloo staff and this report has been prepared with the input of the City Solicitor. The Region s agreement with the developer includes similar restrictions to the City s subdivision agreement. The Ministry of Natural Resources and Forestry has deferred to the Region to provide comments on the developer s request. Regional staff has advised that they are in support of the proposed exemption from the construction prohibition subject to the recommendations set out in this report. A copy of the Region s comments is included in Attachment 3. Regional staff has verbally advised that the Region s development agreement with Brookpoint Estates will not need to be amended. Comments/Analysis: As noted above, NRSI s Biologist has made recommendations to allow winter construction for Block 84 as follows: 1. An eagle monitoring program will be implemented through the winter months to document eagle presence, location, numbers and behavior. Details of methods and reporting will be determined in consultation with the City, Region and MNRF; 2. Exterior home construction will not include all 12 blocks at once and will be held to a maximum of 6 blocks at any one time, to minimize cumulative noise level; and 3. Hours of operation will be limited to sunrise to sunset, (approximately 8:00am to 5:00pm), in order to avoid affecting any potential night roosting or very early morning activities. Implementation of these recommendations can occur via the following means. Ongoing eagle monitoring program through the winter months the City of Cambridge holds a letter of credit to ensure completion of various aspects of the subdivision. This letter of credit can be used as security to ensure that the monitoring program will be completed. Regional staff has advised that they are in agreement with this approach provided the required monitoring program begin immediately and that a letter report on results be submitted by the developer s qualified consultant to the City, Region and Ministry of Natural Resources and Forestry monthly by the following dates: November 30, 2017; December 31, 2017; January 31, 2018; February 28, 2018; and March 30, 2018 Six blocks of townhouses under construction at one time - The developer has provided a construction schedule to identify the order of construction to comply with the Biologist s recommendation of exterior construction for six blocks of townhouses being under construction at one time. These location of blocks are identified in Attachment 4: The first six block will be 3,4,6,7,5,9 The second six blocks will be 1,2,8,10,11,12 Interior work is permissible all winter. Just exterior construction would be limited to six blocks at a time. Regional staff provided subsequent comment to those in Attachment 3 that the construction schedule above is acceptable. 6

7 Hours of operation limits - a site specific by-law limiting hours of operation under the Municipal Act, 2001, is being recommended for Council passing to restrict construction hours from 8:00 a.m. to 5:00 p.m. for Block 84 of Plan 58M-582. The City s subdivision agreement for this property does not permit the use of heavy equipment on Sundays. This restriction still applies to the development, including Block 84. Planning staff recommends approval of the developer s request subject to the conditions included in this report. SIGNATURE Prepared by: Departmental Approval: City Manager Approval: ATTACHMENTS 1. Summary of Cambridge Council s Decision November 29, Aerial Photo of Limerick Subdivision and Blocks 84 and Region of Waterloo comments November 1, Townhouse Block numbering in Block 84 for Construction Schedule 5. Site specific noise by-law for Block 84 7

8 Attachment 1 Summary of Cambridge Council s Decision November 29, 2016 Area Construction Permitted Restriction Zone 1 east of former Limerick Road Interior or exterior construction permitted No restrictions Zone 2 west of former Limerick Road and east of Linden Dr Interior construction within an enclosed building and exterior construction now permitted year round. No restrictions Zone 3 west of Linden Dr Warranty work permitted still to be defined through amended subdivision agreement between City and Developer Interior construction permitted on Lots 165, 167, 169, 170, 172 to permit imminent closings Warranty work permitted on occupied lots still to be defined through amended subdivision agreement between City and Developer No interior or exterior construction permitted from Nov 15 th March 31 st except for except lots listed in previous column Zones identified based upon developer s map dated November 29,

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10 Attachment 2 Aerial Photo of Limerick Subdivision and Blocks 84 and 88 Block 88 Block 84 10

11 Attachment 3 From: Tim Van Hinte [mailto:tvanhinte@regionofwaterloo.ca] Sent: Wednesday, November 1, :38 PM To: Elaine Brunn Shaw Cc: Brenna MacKinnon; Sylvia Rafalski-Misch; Peter Ellis; egosnell@nrsi.on.ca; David Marriott (david.marriott@ontario.ca) Subject: Regional Environmental Comments - Winter Construction Restriction, Block 84, Limerick/Grand River Woods Subdivision Hi Elaine: Regional Environmental Planning staff has reviewed the following documents submitted in support of modifying the restrictions related to exterior housing construction during the winter (November 15, 2017 to March 31, 2018) on Block 84 in the Grand River Woods / Limerick Road subdivision: - Limerick Road, Cambridge, Bald Eagle Report (NRSI, August 2016) - Letter of Assurance from Brookpoint Estates Inc. (October 23, 2017) - Memo from NRSI Re: Monitoring and Management, Limerick Road Residential Development, City of Cambridge (October 23, 2017) Staff appreciates the additional data that NRSI has consolidated and submitted in support of this request. In summary, staff accepts this information in the absence of a completed annual monitoring report for the winter period. While the information submitted with respect to Bald Eagle use of adjacent habitat in ESPA 36 is not entirely complete, it does demonstrate that Bald Eagles continue to use this stretch of the Grand River despite construction projects that have proceeded without restriction (e.g. Fountain Street bridge replacement) and ongoing human use of the area (i.e. Doon Valley golf course). As such, staff would generally agree with the recommendations contained in the NRSI memo (p.7) as follows: 1. An eagle monitoring program will be implemented through the winter months to document eagle presence, location, numbers and behaviour. Details of methods and reporting will be determined in consultation with the City, Region and MNRF. Staff comment: Methodology for the monitoring program should be modelled on the NRSI 2016 monitoring report noted above which has already been reviewed by Regional and MNRF staff. Regional staff require that the monitoring program begin immediately and that a letter report on results be submitted to the City, Region and MNRF monthly by the following dates: November 30, 2017, December 31, 2017, January 31, 2018, February 28, 2018, and March 30, It is the understanding of staff that the City will not release the Letter of Credit for the subdivision until the monitoring program has been completed to the satisfaction of the City and the Region. Staff is supportive of this approach. 11

12 2. Exterior home construction will not include all 12 blocks at once and will be held to a maximum of 6 blocks at any one time, to minimize cumulative noise level. Staff comment: Staff support this recommendation and further recommend that the 6 blocks of homes closest to Linden Drive (Blocks 1 and 8-12) be constructed first, if possible. 3. Hours of operation will be limited to sunrise to sunset, (approximately 8:00am to 5:00pm), in order to avoid affecting potential night roosting or very early morning activities. Staff comment: Staff support this recommendation however monitoring and enforcement of this condition would likely be in accordance with City By-laws. Thanks, Tim Tim Van Hinte, MCIP, RPP Principal Environmental Planner Planning, Development and Legislative Services Regional Municipality of Waterloo 150 Frederick Street, 8th Floor Kitchener, Ontario, N2G 4J3 Phone: ext Fax:

13 Attachment 4 Townhouse Block numbering in Block 84 for Construction Schedule 13

14 Site Specific Noise By-law for Block 84, Plan 58M-582 Attachment 5 BY-LAW -17 of the CORPORATION OF THE CITY OF CAMBRIDGE Being a by-law to regulate the hours of construction WHEREAS the City entered into a subdivision agreement and an amending agreement for Plan 58M- 582 with Brookpoint Estates Inc.(the owner ); AND WHEREAS the agreement restricts times of year during which construction is permitted in certain areas of the subdivision; AND WHEREAS the owner has asked for changes to those restrictions for Block 84 of Plan 58M-582; AND WHEREAS and the owner has agreed to limit construction to certain times of the day; AND WHEREAS the City has the authority to limits hours of operation under the Municipal Act, 2001; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the City of Cambridge enacts the following: 1. Notwithstanding By-law or any successor By-law, construction on Block 84 of Plan 58M- 582, in the City of Cambridge, shall only be permitted between 8:00 a.m. and 5:00 p.m. from November 15, 2017 to March 15, 2018 inclusive. 2. For purposes of clarity this By-law does not override clause 35 of the Subdivision Agreement for Plan 58M

15 Read a first, second and third time Enacted and passed this 7 th day of November Mayor Craig Michael Di Lullo, Clerk 15

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