1 Report to/rapport au : Committee Comité de l'urbanisme December 18, 2013 18 décembre 2013 Submitted by/soumis par : Nancy Schepers, Deputy City Manager/Directrice municipale adjointe, and Infrastructure/Urbanisme et Infrastructure Contact Person / Personne ressource: Michael Mizzi, Chief/Chef, Development Review Services / Services d Examen des projets d'aménagement, and Growth Management/Urbanisme et Gestion de la croissance (613) 580-2424, 15788 Michael.Mizzi@ottawa.ca ORLÉANS (1) Ref N : ACS2014-PAI-PGM-0009 SUBJECT: DRAFT PLAN OF SUBDIVISION 850 CHAMPLAIN STREET OBJET : ÉBAUCHE DE PLAN DE LOTISSEMENT 850, RUE CHAMPLAIN REPORT RECOMMENDATIONS That Committee approve: 1. The Draft Plan of Subdivision attached as Document 2 and the draft conditions included in Document 3; and 2. Delegation of authority to the Manager, Development Review, Suburban to finalize the draft plan of subdivision approval for 850 Champlain Street.
2 RECOMMANDATIONS DU RAPPORT Que le Comité de l urbanisme approuve : 1. l ébauche du plan de lotissement faisant l objet du document 2 ci-annexé et l ébauche des conditions faisant l objet du document 3 ci-annexé; et 2. la délégation au gestionnaire, Examen des demandes d aménagement Secteur suburbain, de l autorité de conclure l approbation du plan de lotissement préliminaire du 850, rue Champlain. BACKGROUND The site at 850 Champlain Street is located immediately south of Jeanne d'arc Boulevard North between Champlain Street and Bilberry Drive north of Highway 174 in Orléans. This parcel of land forms part of the Orléans Town Centre. Document 1 identifies the location of the property. The site is surrounded to the north by medium density residential consisting mostly of semi-detached dwellings, to the east by established detached dwellings, to the west by multiple attached residential condominiums and to the south by the City's Park and Ride facility for the Place d'orléans Transitway Station, Highway 174 and the Place d'orléans Shopping Centre. Delegated Authority for this plan of subdivision was removed by the Ward Councillor because the community is mainly objecting to the increased traffic volume which will be generated by the proposed development. There was particular opposition to the two proposed full movement accesses along Champlain Street which they feel will cause conflicts with residents getting out of their driveways on the east side of the street from this development. As a result, the approval of draft conditions for this Plan of Subdivision are before Committee. DISCUSSION The draft plan of subdivision illustrated in Document 2 proposes six development blocks and two 20-metre wide public right-of-way(s) that will form a "T" intersection immediately east of the linear park blocks (Blocks 2, 3 and 7). The east-west street will connect the site to Champlain Street while the north-south street will link Jeanne d'arc Boulevard to uses at the south end of the site and to the City s Park and Ride access road. A pedestrian network will also link the surrounding area through the site to the City-owned Park and Ride facility to the south. The concept plan submitted in support of the Draft Plan of Subdivision application shows approximately 472 residential units proposed in the form of apartment buildings on the northern portion of the site. The buildings range from four to six storeys in height clustered in groups of two or three around a common parking lot and fronting onto the surrounding and internal streets.
3 Approximately 3640 square metres of proposed retail space will be located in the southeast quadrant of the site and will be divided into five buildings ranging from one storey (6.7 metre) to two storeys, with office units on the second floor. The five-year concept plan includes approximately 12900 square metres of leasable office space distributed amongst three buildings with heights ranging from two to eight storeys, each serviced by its own surface parking. The 20+ year concept plan for the site includes 63,390 square metres of leasable office space developed on Minto and City-owned lands (currently occupied by the OC Transpo park and ride) over the long term. The office space would be contained within eight office buildings ranging from two to 12 storeys in height. A linear park will bisect the residential and retail areas, spanning the site from east to west. The park will contain a variety of amenities, including playgrounds, benches, seating areas and open green space. A public pathway will be constructed by the applicant to provide a pedestrian link from Champlain Street and Bilberry Drive to the north-south street within this site.the park will contribute 0.43 hectares of the 1.64 hectares of total parkland required for the development. The balance will be provided through cash-in-lieu. Cash-in-lieu of parkland will be paid by the owner at the time of registration of the subdivision agreement or at the time of registration of each site plan at a rate of 1 hectare per 300 units as per the Parkland Dedication By-law. Existing street trees flanking the southern edge of Jeanne d'arc Boulevard are intended to be preserved and incorporated in the design of the future development as well as any significant existing trees on site identified in the Tree Conservation Report. As a result of this development, roadway modifications will be required at the cost of the owner along Champlain Street and on the City s Park and Ride access road from Champlain Street to the development s north-south spine street. Official Plan The lands are designated Mixed Use Centre (Town Centre) in accordance with the Official Plan (OP). Mixed Use Centres are designated on Schedule B. They are strategically located with respect to the transportation system and accessible by transit, walking, cycling and automobile. They are centered on rapid-transit stations and contain one or more arterial roads with all-day, frequent transit service. They offer substantial opportunities for new development or redevelopment and represent a key element in the OP s strategy to accommodate and direct growth in the city. Mixed Use Centres are designed to optimize the use of land through provisions for compact mixed use development. The Zoning By-law requires residential uses in the form of apartments and other multiples at a medium and/or high density.
4 These lands also form part of the Orléans Town Centre. The area north of Highway 174 has an employment target of 3000 jobs. The concept plan submitted in support of this application has demonstrated that this target can be achieved in the long term. Section 2.5.1 Compatibility and Community Design in the OP identifies design objectives and principles to guide development in an area surrounded by existing development without adverse impacts on surrounding properties. These objectives include enhancing the sense of community by creating and maintaining places with their own distinct identity, defining quality public and private spaces, creating safe and accessible spaces that are easy to move through, respecting the character of the existing areas, adapting and diversifying by creating places that can evolve over time and are characterized by variety and choice, respecting nature features within the development design, and promoting sustainable design. The conceptual plan proposed for this plan of subdivision takes into account the transition from the existing surrounding two-storey residential buildings by introducing lower residential buildings at the north end of the site and retail and office uses with increasingly higher density and height at the southern end closer to the transit station hub. The plan provides a healthy mix of uses, housing types and commercial uses to accommodate a wide range of users and employment opportunities in this Town Centre. Some elements of existing natural landscape are being preserved on-site and being integrated into the design of the site. Compliance with Section 4.11 Urban Design and Compatibility will be demonstrated at the site plan stage for each block on the proposed draft plan of subdivision. Density targets will need to be met while considering the surrounding built form. Pedestrian linkages will be key to providing continuing connections for the community to the existing transit station to the south of the site. Elements such as traffic flow, vehicular access, parking requirements, amenity areas, loading and service areas, lighting and sun shadowing will be reviewed as part of the site plan process. The former City of Gloucester OP had Site-Specific Policies for Core Activity Areas which now are designated Mixed-Use Centres in the OP. This property is subject to these policies and is described as a community focal point where high-density mixed-use development and a variety of compatible uses are expected. It is intended to develop as an area where the residents are able to live, work and play. Development within this designation is envisioned to promote transit, cycling, pedestrian and vehicular accessibility. The site forms part of the Orleans Town Centre and is assigned specific employment targets. A total of 3000 jobs are targeted for this site and the City lands to the south. The Transportation Master Plan approved by Council on November 26, 2013 identifies the existing transit station located to the south of this development as a future Light Rail Transit station by approximately 2023 (conditional on funding participation from federal and provincial governments). The recently adopted amendment to the OP following Council s comprehensive review also includes a schedule change showing the extension of the light rail system to Orléans.
5 The Transit-Oriented Development Guidelines are applicable to this proposed development due to its proximity to the existing Place d Orléans transit station to the south. The concept plan features transit-supportive uses, such as high density residential, commercial office and retail uses. All are in a mixed-use form providing a multi-purpose destination with buildings designed to create a pedestrian friendly activity node with built form and location of uses respecting a transition to the existing surrounding residential neighbourhood. The commercial office uses are situated closer to the transit station to facilitate access to the transit station by commuters. Zoning The property is currently zoned Mixed Use Centre, Floor Space Index 1.7 (MC F(1.7)). The purpose of the MC zone is to accommodate a variety of transit-supportive uses that can create the range of uses and densities in the Mixed-Use Centre policy designation. The uses proposed in the concept plan for the proposed Draft Plan of Subdivision are in keeping with the uses permitted in this zone. The current zoning permits specific yard setbacks, a floor space index of 1.7, a minimum height within 400 metres of a transit station of 6.7 metres, a maximum height of 11 metres in an area within 20 metres of a property line abutting an R1, R2, R3 or R4 zone and a maximum height of 20 metres in an area beyond 20 metres and within 30 metres of a property line abutting an R1, R2, R3 or R4 residential zone. Through the site plan approval process, provisions such as parking and landscaping requirements, loading area locations and screening, amenity areas, vehicular accesses and egresses and noise attenuation will need to be reviewed in detail. RURAL IMPLICATIONS There are no rural implications with this application. CONSULTATION This application was subject to the Public Notification and Consultation Policy. A public meeting prescribed under the Act for Draft Plan of Subdivision was held in the community on September 30, 2013. Through the circulation process and at the public meeting, residents of the surrounding neighbourhood raised their concerns regarding this proposal. The main issues identified are the accesses to the site along Champlain Street, off-site parking on local streets and the projected increased traffic volume which would be generated by the development of these lands. There were particular concerns raised by residents of Champlain Street regarding the difficulty they are currently experiencing exiting their driveways and what impact the increase in traffic generated by the site would have on them. Concerns regarding density and building heights were also expressed. Finally, some of the nearby residents expressed their displeasure about vibrations caused by heavy vehicles on Jeanne d Arc Boulevard, which would worsen with the expected increase in construction traffic due to the site development.
6 The traffic study prepared for this application supports having two un-signalized full movement accesses along Champlain Street and one full movement access along Jeanne d Arc Boulevard even in the absence of the OC Transpo Park and Ride access. Consequently, some road modifications will be required to Champlain Street in the way of left turn lanes northbound for access into the site. It is also recommended that the OC Transpo access road be utilized as an additional access to and from the proposed subdivision to create a better distribution of traffic since this access is currently signalized at Champlain Street. This addresses the residents concerns regarding drive-way access. The applicant has agreed to construct the necessary road modifications to accommodate one through lane and one bus only lane westbound, and one left turn lane and one right turn lane eastbound. The proposed north-south public street will have a stop sign where it intersects with the OC Transpo road as well as a stop sign going eastbound at the station entrance to ensure the buses have the right-of-way to the station. The floor space index and building heights shown on the concept plan are currently permitted in the existing zoning on the site. To address concerns with increased vibrations from construction traffic, pre-construction surveys may be required for select surrounding residences to monitor whether any damage is caused by construction at this site. Comments by Transit Services Transit Services Department has reviewed this application and is in support of the proposal. The small impacts on transit customers and transit operations are offset by the improved site design and the improved auto access to the park and ride lot made possible with the connection of the north-south street to the OC Transpo access road. As well, the modifications that the applicant will make at their cost will improve pedestrian connections to Place d Orléans Station and will provide a small increase in capacity to the park and ride lot. The City will be entering into a joint use and maintenance agreement with the applicant which will allow the owner to make improvements on City land and share maintenance costs for the use of the OC Transpo access road. COMMENTS BY THE WARD COUNCILLOR The Ward Councillor is aware of the application. At the public meeting on September 30, 2013 the Councillor confirmed that he was removing delegated authority on this Draft Plan of Subdivision. LEGAL IMPLICATIONS In the event that the recommendations are adopted by Committee and draft approval is appealed to the Ontario Municipal Board, it is anticipated that a three day hearing would result which could be conducted within staff resources. Should draft approval not be
7 granted and the matter appealed to the Board, it would likely be necessary to retain an external planner and an external traffic consultant. The estimated cost of doing so would be in the range of $40,000 to $50,000. RISK MANAGEMENT IMPLICATIONS There are no risk management implications associated with the recommendation in this report. FINANCIAL IMPLICATIONS Potential financial implications are noted in the above Legal Implications section. In the event that an external planner and an traffic consultant are retained, funds are not available within existing resources and the $40,000 to $50,000 would impact and Growth Management s operating status. ACCESSIBILITY IMPACTS During the Site Plan approval process staff will ensure that all public buildings are reviewed to ensure they are designed with proper accessibility. ENVIRONMENTAL IMPLICATIONS There are no environmental implications with this application. TECHNOLOGY IMPLICATIONS Information Technology approved this report without comments. TERM OF COUNCIL PRIORITIES Term of Council Priorities: Economic Prosperity, Transportation and Mobility, Healthy and Caring Communities. APPLICATION PROCESS TIMELINE STATUS The application was not processed by the On Time Decision Date established for the processing of Zoning By-law amendments due to the complexity of the issues relating to the Official Plan policies specific to the Orléans Town Centre Core Activity Area north of Highway 174. A detailed review of the Community Transportation Study was required to determine whether the accesses along Champlain Street could remain un-signalized as proposed. Discussions regarding the use of the City s OC Transpo Park and Ride road to access the site were also necessary in order to make an appropriate recommendation on vehicular movements to and from the site.
8 SUPPORTING DOCUMENTATION Document 1 Location Map Document 2 Draft Plan of Subdivision Document 3 Draft Plan of Subdivision Conditions DISPOSITION Legal Services to prepare the subdivision agreement. and Growth Management Department to notify the owner, applicant, architect, OttawaScene.com, 174 Colonnade Road, Unit #33, Ottawa, ON K2E 7J5, and all interested parties of Committee s decision.
9 LOCATION MAP DOCUMENT 1
10 DRAFT PLAN OF SUBDIVISION DOCUMENT 2
11 DRAFT PLAN OF SUBDIVISION CONDITIONS DOCUMENT 3 CONDITIONS FOR DRAFT APPROVAL MINTO COMMUNITIES INC. 850 CHAMPLAIN STREET DRAFT APPROVED DD/MM/YYYY File: D07-16-10-0022 The City of Ottawa's conditions applying to the approval of the final plan for registration of Minto Communities Inc., 850 Champlain Street Subdivision (File No.D07-16-10-0022) are as follows: 1. This approval applies to the draft plan certified by Annis, O Sullivan, Vollebekk Ltd., Ontario Land Surveyor, dated September 19, 2013, showing the 850 Champlain Street development, being Part of Blocks I, O and P on Registered Plan M-206, City of Ottawa. 2. The Owner agrees, by entering into a Subdivision Agreement, to satisfy all terms, conditions and obligations, financial and otherwise, of the City of Ottawa, at the Owner s sole expense, all to the satisfaction of the City. Clearing Agency General 3. Prior to the issuance of a Commence Work Notification, the Owner shall obtain such permits as may be required from Municipal or Provincial authorities and shall file copies thereof with the General Manager, and Growth Management. 4. Prior to commencing construction, the Owner shall enter into a subdivision agreement with the City. The subdivision agreement shall, among other matters, require that the Owner post securities in a format approved by the City Solicitor, in an amount of 100% of the estimated cost of all works, save and except non-municipal buildings. The aforementioned security for site works shall be for works on both private and public property and shall include, but not be limited to, lot grading and drainage, landscaping and driveways, roads and road works, road drainage, underground infrastructure and services (storm, sanitary, watermains), streetlights, stormwater management works. The amount secured by the City shall be determined by the General Manager, and Growth Management, based on current City tender costs, which costs shall be reviewed and adjusted annually. Engineering, Inspection and
12 Review fees will be collected based on the estimated cost of the works as noted herein and in accordance with the City's Fees By-laws, as amended. 5. The Owner acknowledges and agrees that any residential blocks for street-oriented dwelling units on the final Plan shall be configured to ensure that there will generally be not more than 25 units per block. 6. The Owner acknowledges and agrees that any person who, prior to the draft plan approval, entered into a purchase and sale agreement with respect to lots or blocks created by this Subdivision, shall be permitted to withdraw from such agreement without penalty and with full refund of any deposit paid, up until the acknowledgement noted above has been executed. Legal The Owner shall provide to the General Manager, and Growth Management an acknowledgement from those purchasers who signed a purchase and sale agreement before the Plan was draft approved, that the Plan had not received draft approval by the City. The Owner agrees that the purchase and sale agreements signed prior to draft approval shall be amended to contain a clause to notify purchasers of this fact, and to include any special warning clauses, such as but not limited to Noise Warnings and easements. 7. All prospective purchasers shall be informed through a clause in the agreements of purchase and sale of the presence of lightweight fill on the lands, and that the presence of such lightweight fill may result in specific restrictions on landscaping, pools, additions, decks and fencing. 8. The Owner, or his agents, shall not commence or permit the commencement of any site related works until such time as a preconstruction meeting has been held with and Growth Management staff and until the City issues a Commence Work Notification. Legal Zoning 9. The Owner agrees that prior to registration of the Plan of Subdivision, the Owner shall ensure that the proposed Plan of Subdivision shall conform with a Zoning By-law approved under the requirements of the Act, with all possibility of appeal to the Ontario Municipal Board exhausted. 10. The Owner undertakes and agrees that prior to the registration of the Plan of Subdivision, the Owner shall deliver to the City a
13 certificate executed by an Ontario Land Surveyor showing that the area and frontage of all lots and blocks within the Subdivision are in accordance with the applicable Zoning By-law. Roadway Modifications 11. The Owner shall pay all expenses associated with all works related to roadway modifications, and shall provide financial security in the amount of 100% of the cost of implementing the required works. The following road modifications were recommended in the July 2013 Community Transportation Study and as per the functional plan provided by Delcan on December 11, 2013: - Northbound lane on Champlain Street approaching site (south driveway); - Northbound lane on Champlain Street approaching site (north public street) - Along OC Transpo access road one through lane and one bus only lane westbound, and one left turn lane and one right turn lane eastbound. All road modifications will be made to the satisfaction of the General Manager, and Growth Management Department and the General Manager, Transit Services. Highways/Roads 12. The Owner shall retain a licensed or registered professional with expertise in the field of transportation planning and/or traffic operations to prepare a Transportation Impact Assessment. The study shall comply with the City of Ottawa s Transportation Impact Assessment Guidelines. The Owner agrees to revise the Draft Plan in accordance with the recommendations of the study to the satisfaction of the General Manager, and Growth Management. 13. The Owner shall provide for temporary turn-arounds for all streets terminating at the edge of any phase of development, prior to registration of the Plan, to the satisfaction of the General Manager, and Growth Management. The Owner agrees that it will convey to the City at no cost any temporary easements that may be required in order to establish the temporary turn-arounds. Turning circle(s) may include a 0.3 metre reserve along the perimeter of any temporary turning circle(s), to the satisfaction of the General Manager, and Growth Management. For any portion of the temporary turn-around easements that do not form part of the permanent road allowance, the easements shall be released at the expense of the Owner when the easements are no longer required
14 by the City. 14. The Owner shall convey to the City, at no cost to the City, an unencumbered road widening along Champlain Street, adjacent to the subdivision lands, in accordance with the road modification requirements in the Community Transportation Study. The required widening shall be illustrated on the Draft M-Plan and Final Plan of Subdivision as a dimension from the existing centerline of the public highway to the required widened limit. All of which will be to the satisfaction of the General Manager, and Growth Management and the City Surveyor. 15. Any dead ends and/or open spaces of road allowances created by this plan of subdivision shall be terminated in 0.3 metre reserves. This may include a 0.3 metre reserve along any temporary turning circle(s). 16. The Owner must place 0.3 metre reserves on the following locations: - Along the perimeter of Blocks 1, 4, 5, 6, 8 and 9 17. The Owner shall provide the following site triangles on the final plan: - Local to local: 3 m x 3 m; - Local to collector: 5 m x 5 m; - Collector to collector: 5 m x 5 m; - Collector to arterial: 5 m x 5 m. 18. A 0.3 m reserve adjacent to the widened limit of Champlain Street shall be indicated on the plan submitted for registration and conveyed at no cost to the City. 19. The Owner shall be required to enter into an agreement with the City for the operation and maintenance of any traffic signals that are required to be installed in advance of meeting the City s approved criteria for Traffic Signals Warrants and until the General Manager, and Growth Management approves the assumption of the lights. 20. The Owner agrees to provide a construction traffic management plan for the subdivision prior to the earlier of registration of the Agreement or early servicing. Such plan shall be to the satisfaction of the General Manager, and Growth Management. City Surveyor and Legal and Legal and Legal and Legal 21. The Owner acknowledges that should the plan be registered in phases, the first phase of registration shall include: - The construction of all public streets and all required road
15 modifications along Champlain Street and the OC Transpo access road. 22. All streets shall be named to the satisfaction of the Director of Building Code Services and in accordance with the Municipal Addressing By-law or the Private Roadways By-law as applicable. 23. The design of all roads and intersections shall be to the satisfaction of the General Manager, and Growth Management. 24. Where land has been dedicated for road widening purposes as part of the planning process, where the Owner receives no financial compensation or in-kind consideration in exchange for the widening, and where the City deems that the land is no longer required for that purpose, the lands may be conveyed back to the original Owner, or its successor in title, for $1.00. The Owner, or its successor in title, will be responsible for all costs to complete said conveyance, including an administrative fee. 25. The Owner covenants and agrees that it will obtain approval for a Common Elements Condominium, or other agreement as deemed appropriate, which condominium or other agreement once registered on title, will set out the obligations between the co- Owners of the common elements for the operation and maintenance of the private streets, private watermains, private hydrants and private water services, such agreement to be to the satisfaction of the City Solicitor. 26. The Owner covenants and agrees that it will design all private watermains within the subdivision to the satisfaction of the City, and it will pay all related costs, including the cost of connection, inspection, and disinfection by City personnel. 27. The Owner covenants and agrees that it will install the private infrastructure services in accordance with the staging schedule approved by the General Manager, and Growth Management. 28. The Owner acknowledges that the construction of buildings may be restricted on certain lots and/or blocks until such time as Road connections are made so that snowplow turning and garbage collection can be implemented to the satisfaction of the General Manager, and Growth Management. BCS Legal Public Transit 29. The Owner shall design and construct, at its expense, all streets which have been identified as transit service routes, to Transit
16 Transportation Association of Canada standards, including right-ofway width, horizontal and vertical geometry. The Owner shall design and construct, at its expense transit passenger standing areas and shelter pads, to the specifications of the General Manager, and Growth Management. 30. The Owner shall ensure that the staging of the Subdivision, including the construction of dwellings, roadways, walkways, and paved passenger standing areas, or shelter pads, shall occur in a sequence that permits the operation of an efficient, high quality transit service at all stages of development. 31. The Owner shall orient dwellings and vehicular accesses in the vicinity of bus stops in such a manner as to avoid traffic conflicts and visual intrusion and to submit plans to and Growth Management for approval indicating the orientation of all dwellings and private accesses in the vicinity of all bus stop locations. 32. The Owner shall inform all prospective purchasers, through a clause in all agreements of Purchase and Sale and indicate on all plans used for marketing purposes, those streets identified for potential transit services, the location of the bus stops, paved passenger standing areas, or shelters pads and shelters, any of which may be located in front of or adjacent to the purchaser s lot at any time. 33. The Owner agrees to implement a Transit Service Strategy in accordance with the Official Plan. The Owner, together with the City, will determine the method and means by which the developments, as well as adjacent areas, can be efficiently and effectively serviced by transit. The Owner shall enter into an agreement with the Transit Services Branch, prior to the registration of the subdivision, to outline the provision of interim bus service. Said agreement shall include, but not be limited to, the following: establishment of routes and stops and levels of service and provision and maintenance of stops and turnarounds. The agreement may include: funding and cost-sharing arrangements and timing and triggers for the transfer of responsibility to City. Services and Transit Services Transit Services and Transit Services Transit Services
17 34. The Owner acknowledges that transit service will not operate through the subdivision because the site is located within 600m of Place d Orléans Transit Station. The Owner shall inform all prospective purchasers, through a clause in all agreements of Purchase and Sale, and indicate on all plans used for marketing purposes that transit service will not operate through the subdivision and that transit service will be available on Jeanne d Arc Boulevard to the north of the site, on Champlain Street to the east of the site, and at the existing Place d Orléans Park and Ride facility and Place d Orléans Transit Station, to the south of the site. 35. The Owner shall design and construct, at its expense, transit passenger standing areas and/or shelter pads along the south side of Jeanne d Arc Blvd. and west side of Champlain Street, to the specifications of Transit Services. 36. The Owner agrees and acknowledges that a future Light Rail Station is planned to be located in the vicinity of the existing Place d Orléans Park and Ride/Place d Orléans Transit Station on the Transitway Rapid Transit Corridor. Through all plans used for marketing purposes, the Owner shall advise future homeowners of the location of the future Light Rail Station. 37. The Owner shall ensure that the staging of the Subdivision, including the construction of dwellings, roadways, walkways and paved passenger standing areas and/or shelter pads, shall occur in a sequence that permits transit customers to easily and safely walk between the Place d Orléans Park and Ride facility and the development. 38. The Owner shall ensure there is direct, barrier-free, pedestrian connections from the Subdivision to the Place d Orléans Park and Ride facility. 39. Prior to registration, the Owner shall enter into a Joint Use and Maintenance Agreement with the City of Ottawa, Transit Services, and such agreement shall include, among others, the use and maintenance of the OC Transpo Park and Ride (private) Access Road, lifecycle cost sharing of the Park and Ride Access Road, and consent for the Owner to enter onto City land for the purpose of constructing the intersection and private roadway improvements. The agreement shall be to the satisfaction of the General Manager, and Growth Management, and the General Manager, Transit Services. The Joint Use and Maintenance Agreement shall be registered on title to allow both parties access to the Agreement when needed. Transit Services Transit Services Transit Services Transit Services Transit Services Transit Services
18 40. The Owner shall design and construct, at its expense, all roadway improvements at the Champlain/OC Transpo Park and Ride (private) Access Road intersection and along the Park and Ride Access Road, including any improvements to the northwest corner of the park and ride lot, to the specifications of and Growth Management and Transit Services, and shall provide financial security in the amount of 100% of the cost of implementing the required works. These roadway improvements shall not commence prior to the Owner and City entering into a Joint Use and Maintenance Agreement. 41. The Owner shall develop and provide a traffic signal timing plan for the Champlain/OC Transpo Park and Ride (private) Access Road/Highway 174 off-ramp intersection, and such plan shall include consideration of transit signal priority on the Champlain St. northbound approach. The traffic signal timing plan shall be to the satisfaction of the General Manager, Transit Services, and the Traffic Operations Unit, Public Works. 42. The Owner acknowledges that a 0.3 metre reserve will be placed at the southern terminus of Street No. 1. and shall be indicated on the Plan submitted for registration and conveyed to the City at no cost, until such time as a Joint Use and Maintenance Agreement has been entered into to the satisfaction of the General Manager, and Growth Management and the General Manager, Transit Services. Transit Services Transit Services Transit Services Geotechnical 43. The Owner shall submit a geotechnical report prepared in accordance with the City s Approved Slope Geotechnical Guidelines for Development Applications by a geotechnical Engineer, licensed in the Province of Ontario, containing detailed information on applicable geotechnical matters and recommendations which matters may include, where applicable, but are not limited to: i. existing sub-surface soils, groundwater conditions; ii. slope stability and erosion protection, in addition to any building construction requirements adjacent to unstable slopes; iii. design and construction of underground services to the building, including differential settlement near any buildings or structures; iv. design and construction of the shared water services and sewer services below the stacked units and confirmation that the soils will support the pipes and building, and that any settlement will not adversely effect the pipes; v. design and construction of roadways, fire routes and parking
19 vi. vii. viii. ix. xii. xiii xvi. xvii. lots; design and construction of retaining walls and/or slope protection; design and construction of engineered fill; design and construction of building foundations; site dewatering; tree planting; design and construction of swimming pools; and any restrictions to landscaping, in particular type and size of trees and the proximity of these to structures/buildings; and design and construction of park blocks. Sidewalks, Walkways, Fencing, and Noise Barriers 44. The Owner agrees to design and construct, at no cost to the City, sidewalks in accordance with City Specifications in the following locations: Along Bilberry Drive adjacent to Block 6 and connecting to the walkway through Park Block 7. 45. The Owner agrees to design and construct, at no cost to the City, fully accessible walkways and related Works through the length of the public lands identified on the Plan in accordance with City Specifications in the following locations: Blocks 2, 3 and 7 46. The Owner agrees to connect all new sidewalks/pathways to the existing sidewalk/pathway(s) located at (specify location(s)) to the satisfaction of the General Manager, and Growth Management. 47. The Owner agrees to design and construct, at no cost to the City, 1.8 metre heavy duty black vinyl-coated chain link fences in accordance with the Fence By-law and all other City Specifications, at the following locations: Along the western boundary of Block 9 adjacent to Condominium Plan 330. 48. The Owner agrees that any heavy duty vinyl-coated chain link fence required to be installed under this Agreement, shall be located a minimum of 0.15 metres inside the property line of the private property. 49. The Owner agrees to design and construct, at no cost to the City, 1.8 metre wood privacy fences in accordance with the Fence By-
20 law and all other City Specifications, if and when required through the site plan approval process. 50. The Owner agrees that any wood privacy fence required to be installed under this Agreement, shall be located a minimum of 0.15 metres inside the property line of the private property. 51. The Owner agrees to design and erect, at no cost to the City, noise attenuation barriers in accordance with City Specifications as specified in the Noise Study. 52. The Owner agrees that any noise attenuation barrier required to be installed under this Agreement, shall be located a minimum of 0.30 metres inside the property line of the private property, and the location of the fence shall be verified by an Ontario Land Surveyor, prior to the release of securities for the noise attenuation barrier. 53. The Owner shall insert a clause in each agreement of purchase and sale and Deed for lands which fences have been constructed stating that: Purchasers are advised that they must maintain all fences in good repair, including those as constructed by Minto Commercial Properties along the boundary of this land, to the satisfaction of the General Manager, and Growth management. The Purchaser agrees to include this clause in any future purchase and sale agreements. Landscaping/Streetscaping 54. The Owner agrees that the streetscape plan shall include trees at a 6-8 metre on-centre separation distance the full extent of the road right-of-way abutting the future park block(s). Should specific site constraints prevent said allocation of trees, the required plantings shall be provided within any proposed park(s), open space or environmental blocks, non-residential road right-of-way frontages, stormwater management facility(s), or other suitable alternative location, to the satisfaction of the General Manager, and Growth Management.
21 55. The Owner covenants and agrees that unless otherwise modified and approved by the General Manager, and Growth Management to include the following requirements in all Agreements of Purchase and Sale and in all Transfers: Due to the presence of sensitive marine clay soils within this Subdivision, trees to be planted within the Road allowance are to consist of the following species only and must be located a minimum distance of 7.5 metres from any building and a minimum of 2.5 metres from the curb: Amur maple (Acer ginnala) Serviceberry(Amelanchier canadensis) Japanese Lilac (Syringaticulata) Flowering Crab (Malus spp.) Trees in other locations must not be planted closer to a building than a distance equal to their height at maturity. Tree plantings are limited to species identified. Note: Coniferous trees are the one exception to the height rule since they are rated as low water demand tree species. However, the mature spread of such trees increases the potential for conflict with the snow and ice control operations and sightlines. Conifers have a required placement of minimum 4.5m from the curb. Any Street trees planted by the Owner shall comply with the abovenoted requirement. 56. Despite condition 55, the Owner agrees that where in the opinion of the General Manager, and Growth Management, a 7.5 metre distance between foundations and trees cannot be achieved and where a 2.5 metre distance cannot be maintained between the tree and the curb, as per City Council Policy, the Owner shall provide root barriers, tree wells or other methods deemed acceptable by the City Forester and the General Manager, and Growth Management. 57. (a) The Owner agrees that tree removal shall not occur on the subdivision in the absence of a Tree Permit issued under the Urban Tree Conservation By-law (2009-200). The Tree Permit(s) issued will be based on the recommendations outlined in the Tree Conservation Report(s) prepared for and Forestry Services
22 each phase of the subdivision. A Tree Permit is required for any early servicing and will be restricted only to those trees affected by the early servicing. (b) The Owner shall implement the following tree protection measures during construction for the trees and woodlands being retained that may be impacted by construction to ensure the preservation of the trees in each phase of the subdivision: Erect a fence at the critical root zone (CRZ) of trees; Do not place any material or equipment within the CRZA of the tree; Do not attach any signs, notices or posters to any tree; Do not raise or lower the existing grade within the CRZ without approval; Tunnel or bore when digging within the CRZ of any tree; Ensure that exhaust fumes from all equipment are not directed towards any tree s canopy; These measures shall also be implemented for the protection of any trees located adjacent to the property that might be impacted by the construction. The CRZ is established as being 10 centimetres from the trunk of a tree for every centimetre of trunk DBH. The CRZ is calculated as DBH x 10 cm. (c) The Owner agrees that no clearing of vegetation shall occur between April 15 and July 31, unless a qualified biologist has determined that no bird nesting is occurring within 5 days prior to the clearing. A pre-clearing survey for active stick nests and cavity nests shall also be conducted between April 1 and April 15, in order to identify and protect early-nesting owls and raptors. (d) The Owner agrees to contact the Forester, and Growth Management to advise when tree removal will occur in each phase of the subdivision at least two (2) business days in advance of the removal. 58. The Owner agrees to implement the approved landscape plan to the satisfaction of the General Manager, and Growth Management. 59. The Owner agrees to have a tree conservation report prepared by an arborist, forester, landscape architect, or other qualified professional, to be coordinated with the grading and drainage plan. The tree conservation report will identify the vegetation communities and specimens that are to be preserved, to the and Forestry Services and Forestry Services
23 satisfaction of the General Manager, and Growth Management. 60. The Owner agrees to implement the approved tree conservation report measures, prepared in accordance with City Specifications and Standards following registration of the plan, at the cost of the Owner. The Owner shall provide the General Manager, and Growth Management with an arborist's, forester's, landscape architect's, or other qualified professional's certification that the plan has been fully implemented. 61. The Owner shall implement the protection measures outlined in the tree conservation report, to ensure preservation of the trees identified for protection, to the satisfaction of the General Manager, and Growth Management. Gateway Features 62. Primary Neighbourhood Features: The Owner acknowledges and agrees that the proposed Primary Neighbourhood Gateway Feature(s) located at Jeanne d Arc Boulevard and Street No. 1 and Champlain Street and Street No. 2 shall be designed, constructed and certified by a qualified professional and shall be in accordance with the City s Design Guidelines for Development Application Gateway Features, applicable by-laws and policies as may be amended from time to time. The Primary Neighbourhood Gateway Feature shall be subject to the approval of the General Manager, and Growth Management. The Owner shall deposit security in the amount to be determined by the General Manager, and Growth Management prior to registration of the Plan, to meet the on-going maintenance obligations of the Feature by the Owner for a one-year period after the construction of the Feature. The amount of security shall be determined by the General Manager of and Growth Management and will not be reduced or released until the expiration of the one-year period and certification by a qualified professional that the Feature is constructed in accordance with the Guidelines and approved plans and is in a good state of repair. During the warranty period the Owner shall be solely responsible for the on-going upkeep and maintenance of the Primary Neighbourhood Gateway Feature to the satisfaction of the General Manager, and Growth Management. The Owner shall be required to make a financial contribution to the Maintenance Fund as determined by the General Manager, and Growth Management prior to registration of the Plan in accordance with the City s Design Guidelines for Development Application Gateway Features. and Forestry Services and Forestry Services
24 Parks 63. The Owner covenants and agrees that Blocks 2, 3 and 7 will be conveyed to the City, at no cost, as dedicated parkland. The size and configuration of Blocks 2, 3 and 7 on the Final Plan shall be to the satisfaction of the General Manager, and Growth Management. 64. In accordance with the Act and the City of Ottawa Parkland Dedication By-law, the Owner shall convey Blocks 2, 3 and 7 together with cash-in-lieu of parkland, if applicable based on the final unit count, on the subject lands within Ward 1 such value of the land to be determined by the City's Realty Services Branch. The Applicant shall be responsible for any appraisal costs incurred by the City. 100% of any cash-in-lieu shall be directed to the park in recognition of the enhanced amenities that will be required for this urban park, all to the satisfaction of the General Manager, and Growth Management. 65. The Owner acknowledges and agrees that based on the final unit count and area parkland calculations, should the parkland conveyed be in excess of the requirements under s. 51 of the Act, the City shall not compensate the Owner. 66. All Owner obligations associated with the Park Blocks must be completed by the time of first lift of asphalt on Street No. 1 and/or Street No. 2, to the satisfaction of the General Manager of and Growth Management. 67. The Owner acknowledges and agrees that no stormwater management facilities, encumbrances such as retaining walls, utility lines or easements of any kind shall be located on dedicated park blocks without the prior written approval of the General Manager, and Growth Management. 68. The Owner acknowledges and agrees that any encumbrances which are not solely for the benefit of the park such as retaining walls, utility lines or easements of any kind on lands, or portion thereof encumbering the design and function of Park Blocks 2, 3 and 7 will not form part of the required Act parkland dedication requirements at the discretion of the General Manager, and Growth Management. 69. (a) The Owner acknowledges and agrees, at his expense to install and maintain temporary snow fencing adjacent to and all around Park Blocks 2, 3 and 7 for protection of the park lands, prior to any works on site.
25 (b) The Owner acknowledges and agrees to Park Blocks 2, 3 and 7 to be identified by permanent markers and, if required temporary markers at the Owner s expense. (c) (d) (e) (f) (g) The temporary fencing and markers shall be of a type and placed in such locations and at such times as are satisfactory to the General Manager, and Growth Management. The Owner shall neither deposit, nor permit to be deposited, fill, snow, debris, building materials, granular, excavated materials, topsoil or construction equipment nor allow vehicle access for any purpose on Park Blocks 2, 3 and 7. Furthermore, the Owner shall neither remove nor permit to be removed, any fill, topsoil, trees, vegetation or shrubs from the Park Blocks, without the prior consent of the general manager, and growth Management. The Owner shall not remove or disturb any of the existing vegetation or topsoil from Park Blocks 2, 3 and 7 unless such removal or disturbance forms part of the remedial work approved by the General Manager, and Growth Management. If the Owner disturbs the Park Blocks, it must be reinstated to the satisfaction of the General Manager, and Growth Management. The Owner acknowledges and agrees that trees to be protected in the park in accordance with the Tree Preservation Plan must be fenced off with tree protection fencing; and all tree protection measures undertaken, to the satisfaction of the General Manager, and Growth Management. Where trees must be removed or preservation measures undertaken on Park Blocks 2, 3 and 7, as approved by the General Manager, and Growth Management, permits, removals and preservation measures shall be undertaken by a qualified arborist at the Owner s expense. 70. The Owner acknowledges and agrees, at his expense, to erect at each end of Park Blocks 2, 3 and 7, at locations selected by the General Manager, and Growth Management, professionally painted signs. Sign material, size and installation and construction details shall be to the satisfaction of the General Manager, and Growth Management. The signs shall clearly read, in English and in French: