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 & AM Terravita Draft Plan of Subdivision and Zoning By-law Amendment Application 6486 Mountain Road Applicant: Kenmore Homes (Niagara Falls) Inc. (Jennifer Kaufman) Agent: Upper Canada Consulting (Jennifer Vida) RECOMMENDATION 1. That the Terravita Plan of Subdivision be draft approved subject to the conditions in the attached 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 application to amend the Zoning By-law be approved as detailed in this report. 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 Kenmore Homes (Niagara Falls) Inc. has applied to subdivide 5.15 hectares of land located on the south side of Mountain Road between St. Paul Avenue and Colangelo Drive into 82 lots for single detached dwellings, and blocks for road widening and reserves. The applicant has also submitted an application to amend Zoning By-law Nos and to establish appropriate land use regulations for the development of the lands to be subdivided and some additional lands and two lots in the Colagelo Estates subdivision. Planning staff recommends the applications, for the following reasons: The proposal complies with Provincial and Regional policies as the proposal represents an efficient use of urban serviced land and existing infrastructure and will also aid the City in meeting its 40% intensification targets for the Built-Up Area;

2 2 The lands are designated Residential in the City s Official Plan. The predominant use of land in areas designated Residential shall be for dwelling units of all types catering to a wide range of households; The Plan encourages the development of vacant land and under-utilized parcels for more efficient use; The requested zoning will provide appropriate regulations for the development and will ensure its compatibility with the established neighbourhood; The existing and planned infrastructure can support the proposed development; The proposed development will assist in providing housing choices and will contribute to the City s required short-term housing supply. The conditions of draft plan approval, which address servicing, parkland dedication, fencing, utility installation, and all other matters related to the development of the subdivision, are listed in Appendix A. BACKGROUND Proposal Kenmore Homes (Niagara Falls) Inc. has applied to subdivide 5.15 hectares of land located on the south side of Mountain Road between St. Paul Avenue and Colangelo Drive (Schedule 1) into 82 lots for single detached dwellings, and blocks for road widening and reserves. Refer to Schedule 2 for details. The applicant has also submitted an application to amend Zoning By-law Nos and to establish appropriate land use regulations for the development of the lands to be subdivided and some additional lands and two lots in the Colangelo subdivision. The lands are currently zoned Development Holding (DH), in part, and Residential Single Family 1C Density (R1C-543), in part, in accordance with Zoning By-law No and Zoning By-law No , as amended by Zoning By-law No , respectively. The applicant is requesting the zoning to be changed to a site specific Residential Single Family IE Density (R1E) zone, in part (Lots 1-82) and a site specific Residential Single Family 1D Density (R1D) zone, in part, for the two lots within the Colangelo subdivision and additional lands owned by owner (Schedule 3). Site Conditions Surrounding Land Uses The lands proposed to be subdivided were previously used for fruit farming and are generally flat. A Hydro corridor is located along the southerly limit of the subject lands. Lands to the north, east and west contain single detached dwellings. Circulation Comments Regional Municipality of Niagara - The lands are located within the Settlement Area under the 2014 Provincial Policy Statement (PPS) and within the Built-Up Area under 2017 Places to Grow, for the Greater Golden Horseshoe (Growth Plan). The PPS directs growth to settlement

3 3 areas and encourages efficient use of land, resources, infrastructure, and public service facilities that are planned or available. The proposal meets the intent of the Provincial policy through the introduction of additional dwellings in the neighbourhood. The proposed development will also aid the City in meeting the 40% intensification target for the Built-up Area. - The Provincial Policy Statement (PPS) and the Regional Official Plan (ROP) requires protection of significant cultural heritage and archaeological resources. The subject lands are within 300 metres of a watercourse to the southeast, registered archaeological site (AgGs-2) to the northeast and an area with documented evidence of past Aboriginal use (Indian ossuary). A Stage 1-2 Archaeological Assessment, prepared by Detritus Consulting Ltd. (dated August 21, 2017) was submitted with the applications. The report identified two pre-contact Aboriginal archaeological sites (AgGs-401 and AgGs-402) that fulfill the criteria for a Stage 3 archaeological assessment. A letter has been received from the Ministry of Tourism, Culture and Sport indicating that a Stage 3 assessment has been completed and further Stage 4 mitigation by excavation is required. As such, a condition is included in the Appendix to require further Stage 4 assessment. - A Phase One Environmental Site Assessment (dated August 17, 2017) and Phase Two Environmental Site Assessment (dated August 18, 2017), both prepared by DML Environmental Services Ltd., were submitted with the applications. The Phase 1 ESA confirmed potentially contaminating activities on the subject lands associated with the former use of the property as a farm, including pesticides, manufacturing, processing, and bulk storage, as well as fueling of farm equipment. The Phase 1 ESA recommended a Phase 2 ESA to determine if past uses will adversely affect the environmental condition of the subject lands. The Phase 2 ESA included 5 boreholes and sixteen test pits. Based on the field observations and lab results, the report indicates that the property is in compliance with the Ministry of Environment and Climate Change Soil, Ground Water and Sediment Standards for Use Under Part XV.I of the Environmental Protection Act, April 15, As such, Regional staff has no further concerns from a contamination perspective. - A Noise Feasibility Study, prepared by HGC Engineering (dated September 26, 2017), was submitted with the applications. The noise study was reviewed based on the requirements of the Ministry of Environment and Climate Change (MOECC) Noise Guidelines (NPC-300) and the Regional Road Traffic Noise Control Policy (PW5.NO1.0). The study was based on an earlier version of the draft plan of subdivision (dated July 31, 2017); however, as the general road pattern and lotting in the area of the prediction locations has not changed, Regional staff are of the opinion that the recommendations of the report remain relevant to the current draft plan. Based on the study future road traffic sound levels will exceed MOECC guidelines limits for the proposed development. The noise study recommends a 2 m high acoustic barrier for the lot flanking Mountain Road (Lot 48) and a 2.2 m high acoustic barrier for the lots backing onto Mountain Road (Lots 62 to 82). The report also recommends that the extent and height of the noise barriers should be refined and verified when detailed grading information is available. Further, a qualified acoustical consultant will be required to certify that the required noise control measures have been incorporated into the building permit plans, prior to issuance of a building permit. Prior to issuance of an occupancy permit or the equivalent, it is recommended that a

4 4 qualified acoustical consultant also certify that the approved noise control measures have been properly installed. Conditions to require implementation of the aforementioned addendum/requirements are included in the Appendix A. - The applicant is required to dedicate a 3 m road widening along the Mountain Road frontage, a 4.5 m by 4.5 m daylighting triangle at each corner of the new road where it intersects with Mountain Road and a 0.30 metre (1 foot ) reserve along lots that abut Mountain Road. - During the review of the subdivision to the west, Colangelo Estates, the Region was agreeable to a temporary access to Colangelo Drive from Regional Road 101 (Mountain Road) and the following condition was included in the draft plan approval and subsequently as a clause in the subdivision agreement: The Subdivision Agreement includes provision, whereby the developer agrees to remove at their sole expense, the temporary access from Colangelo Drive to Mountain Road over Lots 14 and 16, immediately upon any alternate approved street access becoming available. As the draft plan proposes the creation of Street A, which is in close proximity to the temporary access, Regional staff requests that the developer provide a letter to the Region outlining the details and schedule of how the temporary road will be removed. Further, Canada Post should be contacted also, to relocate the existing community mail box located on this street prior to the removal of the temporary road. A condition has been included in the Appendix to address this issue. - No objections from a Regional or Provincial perspective. Requested conditions are included in Appendix A and address archaeological, servicing and waste collection as well as required warning clauses. Hydro One Networks Inc. (Hydro One) - No objections, subject to the conditions included in Appendix A. Municipal Works, Transportation Services, Parks Design, Fire Services, Enbridge Gas, Bell Canada, and Canada Post - No objections, subject to the conditions included in Appendix A. Neighbourhood Open House A neighbourhood open house was held on December 7, 2017 and was attended by 8 residents, the developer, a representative of the developer and City staff. The residents voiced concerns regarding the additional traffic that would be generated by the proposed development. Some of the residents from Colangelo Estates subdivision expressed concerns regarding the stormwater runoff from the site and if the additional flow would have any

5 5 adverse impact on their homes. One resident wanted to know about the size of the proposed dwellings, out of concern that they may impact the value of their homes. Two residents (2431 Colangelo Drive and 6398 Mountain Road) requested installation of a fence along the common property lines between their property and the proposed subdivision. The applicant mentioned that Mountain Road is a Regional arterial road, which has the capacity to carry large volumes of traffic. As the volume of traffic generated by the proposed development is not significant, the Region has not requested the applicant to complete a traffic impact study. Regarding the stormwater issue, the applicant mentioned that the subdivision will be designed in compliance with City and Regional standards, which requires the developer to design the site in a manner that the post development flow from the development must match the pre-development flows. Regarding the size of the dwellings, the applicant mentioned that the dwellings will be similar to the surrounding neighbourhoods. Regarding the request for the installation of a new fence; the applicant mentioned that she would review the request with her client. However, at a later date the applicant mentioned to staff that the developer would not be installing a fence along the common lot lines and it would be upto the future property owner to install the fence. Further, City s typically does not require an installation of a fence between two single detached dwellings. 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 within urban areas to help meet intensification targets. The subject lands are located within the Settlement Area under the 2014 Provincial Policy Statement (PPS) and within the Built-Up Area under 2017 Places to Grow, for the Greater Golden Horseshoe (Growth Plan). The subject lands are currently underutilized. The proposed development is a form of residential intensification promoted by the Province and will aid the City in achieving 40%intensifiaction target within the Built-Up Area. 2. Official Plan The subject lands are designated Residential in the City s Official Plan. The Plan contains a hierarchy of density guidelines for different types of residential development. The Plan allows the development of a variety of housing types, including single and semi-detached dwellings, street townhouses, block townhouses and other compatible housing forms up to a maximum density of 40 units per hectare with a minimum density of 20 units per hectare along local and collector roads. The density of the project is units per hectare. The proposed development is compatible with the surrounding low-density residential land uses. The subdivision is adjacent to Mountain Road which is an arterial road, intended to carry higher traffic volumes and provides access to other parts of the City. The proposed subdivision will assist the City in meeting future housing needs in this district. As such, the development is considered to be in compliance with the Official Plan.

6 6 3. Zoning By-law Amendment The lands affected by the zoning amendment are zoned Development Holding (DH), in part, and Residential Single Family 1C Density (R1C-543), in part in accordance with Zoning By-law No , as amended by Zoning By-law No and Zoning By-law No , respectively. The applicant is requesting the zoning be changed to a site specific Residential Single Family IE Density (R1E) zone, in part, (Lots 1-82), and Residential Single Family 1D Density (R1D) zone, in part, for the two lots within the Colangelo subdivision and additional lands owned by the owner. The changes to the standard R1E regulations are summarized in the following table: ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION Minimum front yard depth 6 m 4.5 m to the dwelling 6.0 to the garage Minimum exterior side yard 4.5 m 3.0 m Maximum lot coverage 45% 50% Maximum projection of a 1 storey porch into the required front and rear yard 2.5 m 3.5m in the rear yard The two lots within the Colangelo subdivision and additional lands owned by owner are requested to be placed under a site specific R1D zone. The changes to the standard R1D regulations are summarized in the following table: ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION Minimum front yard depth 6 m 4.5 m to the dwelling 6.0 to the garage Minimum exterior side yard 4.5 m 3.0 m Maximum lot coverage 45% 50% Maximum projection of a 1 storey porch into the required front and rear yard 2.5 m 3.5m in the rear yard The requested regulations can be supported for the following reasons: Establishing a front yard for the proposed dwelling will assist in creating a consistent design for the dwellings. The proposal maintains the required 6m setback to the garage which will ensure there is adequate space for a vehicle to be parked in front of the garage; The increased lot coverage is to accommodate the larger footprint of the detached dwellings. The 5% increase in the lot coverage will be unperceivable as the proposed dwellings will maintain adequate separation distances between dwellings and the street and will contribute to the desired built form; The proposed regulations facilitate compact built-up form, which is consistent to the development designs approved in the City; and

7 7 The requested increase in the roof over porch encroachment is minor in nature. They are not anticipated to affect abutting property owners. 4. Subdivision Design and Conditions of Approval The subdivision provides 82 lots for single detached dwellings. The proposed subdivision will have two accesses off Mountain Road. The extension of Colangelo Drive and Lucia Drive to provide connectivity between the existing subdivisions (Colangelo Estates and Marinelli Estates) and the proposed subdivision (Terravita) was envisioned during the approval of Colangelo Estates subdivision. These planned road connections provide connectivity between the existing and proposed residential developments. Currently a temporary road connects Colangelo Drive to Mountain Road. As the proposed subdivision will provide an access to Mountain Road via Street A, the temporary access from Colangelo Drive would be closed. The existing community mail box which is located along the easterly portion of the temporary road will have to be relocated. A condition regarding the removal of the temporary road is included in Appendix A. Parkland dedication will be taken for this subdivision as cash-in-lieu in accordance with the Planning Act. The balance of the conditions in Appendix A are standard conditions of draft plan approval and include the dedication of necessary road widenings and daylight triangles, installation of municipal services, provision of utilities to the subdivision and the naming of street to the satisfaction of the City. FINANCIAL IMPLICATIONS The proposed development will generate development charge contributions and property tax revenue for the City. There are no other financial implications. CITY S STRATEGIC COMMITMENT The proposed development supports the Vibrant and Well Planned City Strategic Priority. LIST OF ATTACHMENTS Schedule 1 Location Map Schedule 2 Subdivision Plan Schedule 3- Lands within Colangelo Estates Appendix A Conditions for Draft Plan Approval Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: A.Dilwaria:mb Attach. Ken Todd, Chief Administrative Officer S:\PDR\2018\, AM & 26T , Terravita 6486 Mountain Road.docx

8 8 SCHEDULE 1

9 9 SCHEDULE 2

10 10 SCHEDULE 3

11 11 APPENDIX 1 Conditions for Draft Plan Approval 1. Approval applies to the Terravita Draft Plan of Subdivision prepared by The Larocque Group, dated October 11, 2017, showing 82 lots for single detached dwellings and a block for road widening. 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. 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, includes the following: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) Roadways and sidewalks to municipal requirements and the proposed road allowances be dedicated as public highways; A sidewalk to be constructed on the northerly and westerly side of Lucia Drive of the development, all to the City s satisfaction; A sidewalk to be constructed on the southerly side of Colangelo Drive of the development, all to the City s satisfaction; Dedication of the daylighting triangles with 5 metre legs at all internal intersections; Speed control measures within the subdivision to the satisfaction of Transportation Services, including speed bumps between Lots 42 and 43, Lots 70 and 71 and Lots 78 and 79; The streets named to the City s satisfaction; 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; Testing of the watermains shall be completed in the presence of a Certified Water operator using the City s Watermain Commissioning Checklist; The proposed watermain should be looped connecting the existing watermain on Mountain Road (at Lucia Drive) to the watermain stub on Lucia Drive (established by Colangelo Estates); The proposed watermain be looped connecting the existing watermain (at Street A) on Mountain Road to the watermain stub on Colangelo Drive and continue south to the proposed watermain on Lucia Drive; The proposed 150mm diameter watermain on Street B be connected to the proposed 200mm diameter watermain on Lucia Drive in 2 locations; Submission of the hydrant coverage drawing to ensure adequate fire protection; 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;

12 12 (n) (o) (p) (q) Provision of an overland stormwater flow route, designed within the right-of-way for major storm events and constructed in accordance with the MOECC and City Standards; Application of the City s Lot Grading and Drainage Policy in accordance with the City Standards; The street lighting shall be designed in accordance with the City s specification (as amended April 2016); and The developer shall prepare a street lighting drawing and photometric plan to demonstrate compliance with City s standards. 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 (82 single lots) as per the City s Development Charges By-law No 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 submit a landscape plan showing landscaping, fencing and entry features to the satisfaction of Parks Design. 12. The developer pay the City cash-in-lieu of 5% parkland dedication as determined by a qualified appraiser. 13. That parking restrictions be imposed to Fire Services satisfaction prohibiting parking on one side of the road where the asphalt width is less than 8 m or on one side of the road. The subdivision agreement is to specify the supply and installation of no parking signage is to be at the cost of the developer. 14. The developer submit servicing plans to Municipal Works and Fire Services for review. Such plans are to include road widths and curb radii. Note that the Municipal Works Department is responsible for final approval of said servicing plans. 15. That adequate water supply for the firefighting purposes shall be immediately available and accessible with sufficient volume and /or flow to facilitate firefighting operations prior to the construction of buildings.

13 The developer receive final approval of the Zoning By-law amendment to provide regulations to guide the development of the subdivision. 17. 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. 18. 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. 19. 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). 20. That Community Mail Boxes (CMBs) be located at the side yard of Lot # 55 3 Modules and side yard of lot # 12 3 Modules, and that the developer identify these sites on a display in the sales office prior to offering any units for sale. 21. 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. 22. 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. 23. 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. 24. The developer contact Enbridge Gas Distribution s Customer Connections Department by ing SalesArea80@enbridge.com for 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. 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

14 14 installations pertaining to phase construction, all costs are the responsibility of the applicant. 25. The developer grade all streets to final elevation prior to installation of the gas lines and provide Enbridge Gas Distribution Inc. with the necessary field survey information required for installation of gas lines. 26. The developer provide Enbridge Gas Distribution with the necessary easements in the event they are required to service the development. 27. Prior to Hydro One Networks Inc. (HONI) providing its final approval, the developer must make arrangements satisfactory to HONI for lot grading and drainage. Digital copies of lot grading and drainage plans (true scale), showing existing and final grades, must be submitted to HONI for review and approval. Drawings must identify the transmission corridor, location of towers within the corridor. Drainage must be controlled and directed away from the Ontario Infrastructure & Lands Corporation (OILC)/HONI transmission corridor. 28. Any development in conjunction with the subdivision must not block vehicular access to any HONI facilities located on the transmission corridor. During construction, there must be no storage of materials or moulding of earth, snow or other debris on the transmission corridor. 29. Temporary fencing must be installed along the transmission corridor, at the developer s expense, prior to the start of construction and a permanent fencing must be erected along the common property line after construction is completed. 30. The cost of any relocation or revisions to HONI facilities which are necessary to accommodate this subdivision will be borne by the developer. The developer will be responsible for restoration of any damage to the transmission corridor or HONI facilitates thereon resulting from construction of the subdivision. 31. HONI s letter of November 21, 2017 and the conditions contained therein, should in no way be construed as permission for or an endorsement of proposed location(s) for any road crossing(s) contemplated for the proposed development. This permission may be specifically granted by OILC under separate agreement(s). Proposals for any secondary land use including road crossings on the transmission corridor are processed through the Provincial Secondary Land use Program (PSLUP). HONI, as OILC s service provider, will review detailed engineering plans for such proposals separately, in order to obtain final approval. Should future approval for a road crossing be granted, the subdivider shall then make arrangements satisfactory to OILC/HONI for the dedication and transfer of the proposed road allowance directly to the City of Niagara Falls. Access to and road construction on the OILC/HONI transmission corridor is not to occur until the legal transfer(s) of lands or interest are completed. 32. The developer is advised that the transmission lines abutting this subdivision operate at 500,000, 230,000 or 115,000 volts. Section Proximity - of the Regulations for

15 15 Construction Projects in the Occupational Health and Safety Act, require that no object be brought closer than 6 metres (20 feet) to an energized 500 kv conductor. The distance for 230 kv conductors is 4.5 metres (15 feet) and for 115kV conductors is 3 metres (10 feet). It is the developer s responsibility to be aware, and to make all personnel on site aware, that all equipment and personnel must come no closer than the distances specified in the Act. They should also be aware that the conductors can rise and lower without warning, depending on the electrical demand placed on the line. 33. That the Stage 3 Archaeological Assessment for AgGs-401 and AgGs-402, prepared by a licensed Archaeologist, be submitted to the Niagara Region, and that the Stage 4 Archaeological Assessment for AgGs-401 and AgGs-402, prepared by a licensed Archaeologist, be completed and submitted to the Ministry of Tourism, Culture and Sport and the Niagara Region.. All report must be accepted by the MTCS, to the satisfaction of Niagara Region, before this condition will be cleared. It should be noted that subsequent Stage 4 assessment may be recommended for one or both sites to mitigate any adverse impacts to significant archaeological resources found on the site through preservation or resource removal and documentation. If the Archaeologist recommends further Assessments, these report(s) must also be submitted to and accepted by the MTCS, to the satisfaction of Niagara Region, before this condition can be cleared. NOTE: No demolition, grading or other soil disturbances shall take place on the subject property prior to the issuance of a letter from the MTCS confirming that all archaeological resource concerns have been mitigated and meet licensing and resource conservation requirements. 34. That the following clause be included in the subdivision agreement: "Should deeply buried archaeological remains/resources be found on the property during construction activities, all activities impacting archaeological resources must cease immediately, notify the Archaeology Programs Unit of the Ontario Ministry of Tourism, Culture and Sport (MTCS) ( ) and a licensed archaeologist (owner s archaeology consultant) is required 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 Cemeteries Regulation Unit of the Ministry of Government and Consumer Services in Toronto ( ), must be contacted. In the situations where human remains are associated with archaeology resources, MTCS should be notified to ensure that the site is not subject to unlicensed alteration which would be a contravention of the Ontario Heritage Act. 35. That a detailed noise study based on the current draft plan of subdivision (October 4, 2017), prepared and endorsed by a qualified professional engineer or acoustical consultant, be submitted to the Niagara Region for review and approval. The detailed noise study should confirm the recommended mitigation outlined in the Noise Feasibility Study, prepared by HGC Engineering (dated September 26, 2017), when detailed grading information is available.

16 That the subdivision agreement include clause(s) requiring the owner to implement the final recommendations of the Detailed Noise Study required by the previous condition, to the satisfaction of Niagara Region. NOTE: As recommended in the Noise Feasibility Study, prepared by HGC Engineering (dated September 26, 2017), prior to issuance of building permits and occupancy permits, the building inspector or a Professional Engineer qualified to perform acoustical engineering services in the Province of Ontario should certify that the noise control measures have been properly incorporated, installed and constructed. Clauses will be required in the subdivision agreement to this effect. 37. That the owner dedicate a three (3) metre road widening to the Regional Municipality of Niagara along the frontage of Regional Road 101 (Mountain Road), free and clear of any mortgages, liens or other encumbrances, and assumes all costs for the providing the necessary survey plan and all related documents, all to the satisfaction of the Niagara Region. 38. That the owner dedicate 4.5m x 4.5m daylight triangles on both sides of the proposed streets (Street A and Lucia Drive) intersecting with Regional Road 101 (Mountain Road), to the Regional Municipality of Niagara, free and clear of any mortgages, liens or other encumbrances, and assumes all costs for the providing the necessary survey plan and all related documents, all to the satisfaction of the Niagara Region. 39. That the owner deed a one-foot reserve (0.30 metre) to the Regional Municipality of Niagara along all lots fronting Regional Road 101 (Mountain Road) including the daylight triangles, free and clear of any mortgages, liens or other encumbrances, and assumes all costs for the providing the necessary survey plan and all related documents, all to the satisfaction of the Niagara Region 40. That the subdivision agreement have the following clause: The owner will provide a detailed plan which shall include a schedule and the responsible parties to ensure the plan is completed for the opening of Street A and closing of the temporary access. This plan is to be approved by the Region during the detailed design stage and needs to be approved prior to the start of construction so all parties involved are aware of the schedule and expectations. 41. That prior to any construction taking place within the Regional road allowance the owner shall obtain the required Regional Permits (Construction Encroachment, Entrance and Sign Permits). 42. That the owner promptly acknowledges that draft approval does not include a commitment of servicing allocation by the Niagara Region as this servicing allocation will be assigned at the time of final approval of the subdivision for registration purposes and any pre-servicing will be at the sole risk/responsibility of the developer. 43. That the owner promptly provide the Niagara Region with a written undertaking that all offers and agreements of purchase and sale, which may be negotiated prior to

17 17 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, and a similar clause be inserted in the subdivision agreement between the owner and the City. 44. That the applicant submit a complete Ministry of Environment and Climate Change(MOECC) application with detailed drawings and calculations for review and approval of the proposed sanitary and storm sewer systems for the development and receive the appropriate MOECC Environmental Compliance Approvals. 45. That the applicant shall provide a copy of the necessary MOECC Environmental Compliance Approvals which were acquired through any direct application to the MOECC. 46. That prior to approval of the final plan or any on-site grading, the owner 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 MOECC documents entitled Stormwater Management Planning and Design Manual, March 2003 and Stormwater Quality Guidelines for New Development, May 1991, or their successors to the Niagara Peninsula Conservation Authority for review and approval, with a copy provided to the Niagara Region: i. 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; and, ii. Detailed erosion and sedimentation control plans. NOTE: The Niagara Region may request the Niagara Peninsula Conservation Authority review the detailed lot grading and drainage plan as well as the detailed sediment and erosion control plan on the Region s behalf and to submit comments to the Niagara Region regarding the approval of these plans and the subsequent clearance of related conditions by the Region. Please also note that NPCA s fee for review of stormwater management plans is in addition to the Region s final clearance fee. 47. That the plan complies with the Niagara Region s Waste Collection Policy. Note: for any development phasing, the owner shall create appropriate temporary waste collection turnaround(s) at the end of each dead end street(s), to permit Regional waste collection or confirm that waste collection will be the owner s responsibility. 48. That the subdivision agreement between the owner and the City of Niagara Falls contain a provision whereby the owner agrees to obtain a certificate from an Ontario Land Surveyor stating that all existing and new survey evidence is in place at the completion of the development. Notes

18 18 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. 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. 49. In order to request clearance of the above noted Regional conditions, a letter outlining how the conditions have been satisfied, together with all studies and reports (two hard copies and a PDF digital copy), the applicable review fee, and the draft subdivision agreement shall be submitted to the Niagara Region by the applicant as one complete package, or circulated to the Niagara Region by the City of Niagara Falls. 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 Municipal Works for Conditions 4 to 10 inclusive, 14 Landscape Architect for Conditions 11 and 12 Transportation Services for Condition 4 Fire Services for Conditions 13 to 15 Inclusive Planning and Development Services for Conditions 16 to 18 inclusive Bell Canada for Condition 19 Canada Post for Conditions 20 to 23 inclusive Enbridge Gas Distribution Inc. for Conditions 24 to 26 inclusive Hydro One 27 to 32 inclusive Regional Municipality of Niagara for Conditions 33 to 49 inclusive S:\ZONING\AMS\2017\AM-018\APPENDIX 1.docx