AFFECTS WARD 11

CITY OF HAMILTON

PLANNING AND DEVELOPMENT DEPARTMENT

Development and Real Estate Division Report to:

Mayor and Members Hearings Sub-Committee

Submitted by:

Lee Ann Coveyduck General Manager

Date: Files:

September 26, 2003 OPA-03-19, ZAC-03-35 & 25T-95006

Prepared by: Diana Biuk (905) 546-2424, Ext. 1325

SUBJECT: Applications for an Official Plan Amendment, Zone Change and

Revision to Draft Plan of Subdivision Known as “Lake Vista Central”, Located on the North Service Road, Stoney Creek (PD03270) (Ward 11)

RECOMMENDATION: (a) That approval be given to Subdivision Application 25T-95006 by Mario

Franciosa and Luigi Franciosa, owners, to establish a draft plan of subdivision, known as “Lake Vista Central” (formerly “Lake Vista Estates”), on lands located within Part of Lot 3, Broken Front Concession (Stoney Creek), as shown redline revised on Appendix “B” to Report PD03270, subject to the execution of a City standard form Subdivision Agreement, including the conditions contained in Appendix “E” to Report PD03270, and acknowledgement by the City of Hamilton of its responsibility for cost-sharing with respect to this development for the following items:

(i) One-half of the cost of a 1.5m high black vinyl fence along the entire north

side of Park Block 85; (ii) One-half of the cost of above and below ground works for Street B and

Falcon Road along the entire frontage of Park Block 85; and, (iii) the cost of any over-sizing of storm sewers beyond a 1200 mm diameter

pipe, watermains beyond a 300 mm diameter pipe, and sanitary sewers beyond a 450 mm diameter pipe, as may be required;

all in accordance with the financial policies for development, as approved by Council.

(b) That approval be given to Official Plan Amendment Application OPA-03-19, by Mario Franciosa and Luigi Franciosa, owners, for Official Plan Amendment No.___, as revised, for changes to the designations on Schedule “A4” – Urban Lakeshore Area Secondary Plan on lands located within Part of Lot 3, Broken

SUBJECT: Applications for an Official Plan Amendment, Zone Change and Revision to Draft Plan of Subdivision Known as “Lake Vista Central”, Located on the North Service Road, Stoney Creek (PD03270) (Ward 11) - Page 2 of 15

Front Concession (Stoney Creek), shown as Blocks 1 to 5 on Appendix “C” to Report PD03270, as follows: (i) A redesignation of Block 1 from Low Density Residential to

Neighbourhood Park with a Special Policy Area; (ii) A redesignation of Blocks 2, 3 and 4 from Neighbourhood Park to Low

Density Residential; (iii) A redesignation of Block 5 from Neighbourhood Park to Open Space –

Stormwater Management Facility; and, (iv) A relocation of the Off-street Bikeway/Walkway on the north side of the

Neighbourhood Park to the west side of the Neighbourhood Park and the Open Space - Stormwater Management Facility.

(c) That approval be given to Zoning Application ZAC-03-35, by Mario Franciosa and Luigi Franciosa, owners, as revised, for a change to Zoning By-law No. 3692-92 from the site-specific Single Residential “R1-7” and Park “P” Zones to the Park “P”, site-specific Single Residential “R1-7” and “R1-15”, and Open Space “OS-10” Zones, on lands located within Part of Lot 3, Broken Front Concession (Stoney Creek), shown as Blocks 1 to 4 on Appendix “C” to Report PD03270, on the following basis: (i) That Block 1 be rezoned from the site-specific Single Residential “R1-7”

Zone to the Park “P” Zone; (ii) That Block 2 be rezoned from the Park “P” Zone to the site-specific Single

Residential “R1-7” Zone; (iii) That Block 3 be rezoned from the Park “P” Zone to the site-specific Single

Residential “R1-15” Zone; (iv) That Block 4 be rezoned from the Park “P” Zone to the site-specific Open

Space “OS-10” Zone; (v) That Subsection 6.2.7, “Special Exemptions” of Section 6.2, Single

Residential “R1” Zone, of Zoning By-law No. 3692-92 (Stoney Creek), be amended by adding a new special provision “R1-15”, to include the following:

“R1-15 West side of Falcon Road, Part of Lot 3, Broken Front

Concession, Schedule “A”, Map No. 4 Notwithstanding the provisions of Zoning By-law No. 3692-92 to the contrary, on those lands zoned “R1-15” by this By-law, the rear yard

SUBJECT: Applications for an Official Plan Amendment, Zone Change and Revision to Draft Plan of Subdivision Known as “Lake Vista Central”, Located on the North Service Road, Stoney Creek (PD03270) (Ward 11) - Page 3 of 15

setback shall be measured from the zone boundary between the “OS-10” Zone and the “R1-15” Zone, rather than from the rear lot line. Notwithstanding the provisions of Paragraphs (a) to (d) of Section 6.2.3 of the Single Residential “R1” Zone, on those lands zoned “R1-15” by this By-law, the minimum lot area shall be 900 square metres, the minimum lot frontage shall be 18 metres, the minimum front yard shall be 7.5 metres, and the minimum side yard shall be 1.85 metres except where no attached garage or attached carport is provided, the minimum side yard on one side shall be 3 metres.”

(vi) That Section 11.2.5, “Special Exemptions” of Section 11.2, Open Space

“OS” Zone, of Zoning By-law No. 3692-92 (Stoney Creek), be amended by adding a new special provision “OS-10”, to include the following:

“OS-10 West side of Falcon Road, Part of Lot 3, Broken Front

Concession, Schedule “A”, Map No. 4 Notwithstanding the provisions of Subsection 11.2.2 of the Open Space “OS” Zone, on those lands zoned “OS-10” no buildings or structures shall be permitted, excluding those structures required for shoreline protection.”

(vii) That the amending By-law be added to Schedule “A”, Map No. 4 of Zoning By-law No. 3692-92;

(viii) That the General Manager, Planning and Development Department, be

authorized and directed to prepare a By-law, in a form satisfactory to Corporate Counsel, to amend Zoning By-law No. 3692-92 for presentation to Council; and,

(ix) That the proposed changes in zoning conform to the Hamilton-Wentworth

Official Plan and will conform to the City of Stoney Creek Official Plan upon approval of Official Plan Amendment No.____.

(d) That upon finalization of Official Plan Amendment No.___ and the implementing

Zoning By-law, the approved Fifty Point Neighbourhood Plan be amended to identify Blocks 1 to 5 on Appendix “C” to Report PD03270 as follows: Block 1 as “Parkland”, Blocks 2 and 3 as “Low Density Residential”, Block 4 as “Open Space” and Block 5 as “Stormwater Management”; and, to relocate the Off-street Bikeway/Walkway on the north side of the Parkland to the west side of the Parkland and the Stormwater Management area.

SUBJECT: Applications for an Official Plan Amendment, Zone Change and Revision to Draft Plan of Subdivision Known as “Lake Vista Central”, Located on the North Service Road, Stoney Creek (PD03270) (Ward 11) - Page 4 of 15

Lee Ann Coveyduck General Manager Planning and Development Department

EXECUTIVE SUMMARY:

The applicants have submitted Official Plan and Zoning By-law Amendments and a revision to an approved draft plan of subdivision referred to as “Lake Vista Central.” These applications are related to concurrent applications for adjacent subdivisions, referred to as “Lake Vista West” and “Lake Vista East”, which are held in the same interest as the “Lake Vista Central“ subdivision. The purpose of the Lake Vista West and Central applications is to revise the respective draft plans to relocate and reduce the size of a proposed Neighbourhood Park (straddled by the two plans) to accommodate a larger stormwater management facility in “Lake Vista Central”. The applicants’ proposal to reduce the park from 1.6ha (4 acres) to 0.44 (1 acre) can not be supported by staff as the size would be inadequate to meet the needs of the area residents. However, staff has agreed to reduce the park to 0.66ha (1.6 acres). At this size, the park can accommodate a picnic area, pathway, and one recreational facility, such as bocce ball or basketball court. It would also provide greater visual exposure to the lake. In addition, the 0.66ha park size can be supported because the Lake Vista Central developer will be required to create useable public amenity space in the design of the adjacent stormwater management pond. The effect of reducing the park size from 1.6ha to 0.66ha is that the amount of land that must be acquired by the municipality reduces from 1.19ha (which represents the total over-dedication of all three subdivisions) to 0.26ha. In addition, the effect of requiring a park size of 0.66ha, rather than 0.44ha as proposed by the applicant, is the elimination of two proposed lots, which would have been created by the merger of blocks in both subdivisions. Staff supports the applications, as redline revised, as they will maintain a useable Neighbourhood Park size and configuration that will provide sufficient passive amenity space for the area residents. BACKGROUND:

Owners: Mario Franciosa and Luigi Franciosa Agents: Mr. David Elliot of Agro, Zaffiro, Parente, Orzel & Baker, LLP and Mr. Sergio Manchia of Planning & Engineering Initiatives Ltd.

SUBJECT: Applications for an Official Plan Amendment, Zone Change and Revision to Draft Plan of Subdivision Known as “Lake Vista Central”, Located on the North Service Road, Stoney Creek (PD03270) (Ward 11) - Page 5 of 15

Location: Part of Lot 3, Broken Front Concession, North side of the North Service Road, Stoney Creek (See Appendix “A”)

Property Size: Area: 8.5ha (21 acres)

Frontage: +95m (312ft) on the North Service Road Previously Approved Draft Plan and Zoning The former Region of Hamilton-Wentworth originally approved the “Lake Vista Estates”, now known as “Lake Vista Central” draft plan of subdivision on March 29, 1999. Appendix “D” shows an excerpt of the north end of that plan, which is the area to be revised by this application. The previous plan showed 49 single detached lots, including one lot for an existing dwelling, with frontages ranging from 15 to 18 metres, 20 future development blocks to be developed with adjacent land to the west and the east, and a park block (Block 49) to be developed with an adjacent park land block in the proposed “Lake Vista West” draft plan of subdivision. A stormwater management pond, with an area of approximately 1296 square metres (0.3 acres), is shown within the park block. The City of Stoney Creek passed a zoning by-law amendment to implement this draft plan. Revised Draft Plan and Zoning and Official Plan Amendments: The owners propose to revise the 1999 approved plan by replacing Lot 49, Future Development Block 73, and Park Block 49 as shown in Appendix “D”, with Lots 2, 3 and 4, Future Development Blocks 54, 55 and 56, Park Block 52 and Stormwater Management Block 53 as shown in Appendix “B”. The landowners for the Lake Vista West, Central and East subdivisions, which are all shown on Appendix “A”, have submitted concurrent applications for revisions to their respective draft plans, zoning and official plan designations. The “Lake Vista Central” changes are directly related to revisions in the “Lake Vista West” subdivision. The owners of Lake Vista West and Central have advised staff that since the draft approval of their subdivisions, the owners have determined that the stormwater management pond in “Lake Vista Central” must increase substantially in size, taking up approximately 60% (0.9 ha) of the original neighbourhood park size. The proposed stormwater pond is intended for water quality control and will accommodate drainage from all three subdivisions. As a result of the larger pond, the owners of Lake Vista Central and West have proposed to decrease the neighbourhood park size from approximately 1.6ha (4 acres) to 0.44ha (1 acre), and reconfigure it so that it is located mainly in the “Lake Vista West” subdivision. The owners have also shown an irregularly shaped park block (Block 52) that surrounds the proposed stormwater pond in the “Lake Vista Central” subdivision. In addition, between the two subdivisions, one additional single detached lot is gained as a result of the owners’ revisions to the plans. The owners of “Lake Vista Central” have submitted applications to amend the Official Plan and Zoning By-law to implement the proposed revised draft plan. Appendix “C” to

SUBJECT: Applications for an Official Plan Amendment, Zone Change and Revision to Draft Plan of Subdivision Known as “Lake Vista Central”, Located on the North Service Road, Stoney Creek (PD03270) (Ward 11) - Page 6 of 15

this report shows the proposed amendments, as revised by staff, to reflect redline-revisions to the draft plan by staff. The Comments section of this report explains the nature of and justification for the changes recommended by staff. Existing Land Use and Zoning: Existing Land Use Existing Zoning Subject Land

Vacant with one single detached dwelling and outbuildings

Single Residential “R1-7”, “R2”, and “R2-41” Zones; Single Residential-Holding “R1-7(H)”, “R2(H)” and “R2-41(H)” Zones; and Park ”P” Zone

North Lake Ontario N/A West Vacant with one single detached

dwelling and outbuildings Single Residential “R1-7”, “R2”, and “R2-41” Zones; Single Residential-Holding “R1-7(H)” and “R2-41(H)” Zones; and Park ”P” Zone

South 4 single detached homes (south of the North Service Road)

Rural Residential “RR” Zone

East Single detached homes on Falcon Road and Fifty Road, greenhouse operation at 589 Fifty Road and a residential subdivision under construction at Fifty Road and the North Service Road

Rural Residential “RR” Zone; Single Residential “R1-7”, “R1-8”, “R2”, and “R2-41” Zones; Single Residential-Holding “R1-7(H)” Zone; and Neighbourhood Development “ND” Zone

ANALYSIS OF ALTERNATIVES: N/A. FINANCIAL/STAFFING/LEGAL IMPLICATIONS:

As required by the Planning Act, Council shall hold at least one (1) Public Meeting to consider applications for Official Plan and Zoning By-law Amendments and a Revised Draft Plan of Subdivision. There are no staff implications related to this proposal. Financial implications to the City are set out in Recommendation (a) and relate to cost-sharing for park frontage, park fencing and pipe over-sizing. These are funded from Development Charges and the Park Trust Reserve in respect to the fencing.

POLICIES AFFECTING PROPOSAL:

Provincial Policy Statement: The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. The Planning Act requires that,

SUBJECT: Applications for an Official Plan Amendment, Zone Change and Revision to Draft Plan of Subdivision Known as “Lake Vista Central”, Located on the North Service Road, Stoney Creek (PD03270) (Ward 11) - Page 7 of 15

in exercising any authority that affects planning matters, planning authorities “shall have regard to” policy statements issued under the Act. Staff notes that all concerns with respect to conformity with the PPS have been addressed within the draft approval conditions for Plan of Subdivision 25T-95006. Hamilton-Wentworth Official Plan: The Hamilton-Wentworth Official Plan designates the subject property as Urban Area. Policy 3.1 states that a wide range of urban uses, based on full municipal services, will be concentrated in the Urban Areas. These areas are intended to accommodate approximately ninety-six per cent (96%) of new residential housing units in the Region to the year 2020. As the nature of the applications is to revise the lotting pattern and parkland configuration of an approved draft plan of subdivision, the proposal conforms to the policies of the Official Plan. Stoney Creek Official Plan: Schedule “A4” – Urban Lakeshore Area Secondary Plan designates the subject property as Low Density Residential and Neighbourhood Park. As the applications propose residential development in an area designated as Neighbourhood Park, an Official Plan Amendment is required. An off-street bikeway/walkway is shown at the north end of Falcon Road and through the Neighbourhood Park to the lake. Policies for the Lakeshore Area Secondary Plan are set out in Section 13.4 of the Official Plan. The following excerpts are relevant to the subject property: 13.4.9 New residential development shall complement existing low profile residential

uses in the Fifty Point Neighbourhood. Residential development in areas designated as Low Density Residential on Schedule A4 shall not exceed a density of 13 units per net residential hectare west of Fifty Road. A gradation of lot sizes will be established in the plans of subdivision with larger lots being located closer to Lake Ontario west of Fifty Road. In no case shall lots with a lot frontage less than 15 metres be permitted. A lot having less than 18 metres of frontage shall only be permitted within 500 metres of Baseline Road. The Zoning By-law shall make provisions to establish single detached lots having a lot area of approximately 900 square metres with a minimum lot frontage of approximately 18 metres.

The proposed revised draft plan conforms to the density gradation policies of this section. 13.4.19 Special design features shall be provided on lands designated as Low Density

Residential west of Fifty Road. These design features shall include but not be

SUBJECT: Applications for an Official Plan Amendment, Zone Change and Revision to Draft Plan of Subdivision Known as “Lake Vista Central”, Located on the North Service Road, Stoney Creek (PD03270) (Ward 11) - Page 8 of 15

limited to decorative street lamps, enhanced boulevard landscaping, and increased front and side yards. A variety of house styles with different architectural details shall be encouraged and reviewed during the draft plan of subdivision process.

Draft approval Condition 52, as set out in Appendix “E”, requires the owner to submit a Streetscape Plan detailing decorative street lighting and enhanced boulevard landscaping to implement this policy. Condition 45 requires the developer to submit building elevations to demonstrate that a variety of housing styles will be used in the plan of subdivision. Section 7.2.4 of the Plan states any one Neighbourhood Park site shall have a minimum area of approximately 1.6ha. The revised draft plans for Lake Vista West and Central propose to reduce the Neighbourhood Park to 0.44ha and relocate it to the “Lake Vista West” subdivision. However, through revisions to the “Lake Vista Central” applications, as shown on Appendix “B”, staff proposes to increase the park to 0.66ha (1.6 acres), and create a special policy area to allow this park size notwithstanding the minimum neighbourhood park size requirement of the Official Plan. The rationale for these proposed revisions is explained in the Comments section of this report. With respect to municipal land acquisition of parkland, the former Stoney Creek Official Plan policies apply to this subdivision since the application was submitted prior to the finalization of the City’s new parkland policies. The former policies state that the amount of land or cash-in-lieu of land for residential development will be dedicated at the rate of one hectare per 300 units for lands designated to permit a density of 29 units per net residential hectare or less. Based on a calculation of sixty-six (66) units, comprised of fifty-two (52) single detached lots and fourteen (14) future development blocks (each of which are more than one-half the size of a full lot), the required parkland dedication for this subdivision is 0.22ha. Block 85, as redline revised in Appendix “B” is approximately 0.23ha. Parkland dedication is discussed further in the Comments section of this report. Fifty Point Neighbourhood Plan The Fifty Point Neighbourhood Plan was approved by Council on July 23, 1991 and updated on May 9, 2000. Neighbourhood Plans are intended to be a general guide plan for the development and redevelopment of urban neighbourhoods, and reflect Council’s intention regarding ultimate development, however, they do not form part of the Stoney Creek Official Plan. The subject property is identified as Low Density Residential and as Parkland. A stormwater management facility is shown within the Parkland. A Council resolution is required to amend the Neighbourhood Plan to relocate and reconfigure the neighbourhood park, stormwater management facility, and on and off-street bikeways to

SUBJECT: Applications for an Official Plan Amendment, Zone Change and Revision to Draft Plan of Subdivision Known as “Lake Vista Central”, Located on the North Service Road, Stoney Creek (PD03270) (Ward 11) - Page 9 of 15

reflect the changes proposed to the Lake Vista West and Central draft plans, as redlined. This resolution is set out in Recommendation (d) of this report.

CONSULTATION WITH RELEVANT DEPARTMENTS/AGENCIES: Hamilton Conservation Authority The 1:100 year still water elevation for Lake Ontario is 76.0 metres GSC. This elevation is along the shoreline. The Stoney Creek Waterfront Study (1981) and topographic information indicates a low beach scarp along the shoreline. There are old rubble groins along this reach of Lake Ontario that have not been evaluated for effectiveness in providing shoreline protection. The Waterfront Study proposed an erosion protection scheme for the Stoney Creek shoreline. The measures proposed for this section have not been implemented. The Natural Hazards policies of the Provincial Policy Statement (PPS) indicate that development should be directed away from erosion hazards. Using Provincial Guidelines, a setback of 70 metres is recommended. The Stoney Creek Official Plan also directs development away from the shoreline (Section B.3.2.7) and recommends setbacks from the top of bank. In this instance, 50 times the erosion rate would be 35 metres from the top of bank as the Authority considers this to be an unprotected shoreline. Given the shape of the shoreline, and the existing development, the Authority recommends that the area [shown as Block 4 in Appendix “C”] be identified as an area where buildings or structures, except those structures required to be on the shoreline, are not permitted. This area should be placed in an appropriate zone restricting development and this line be considered the rear lot line for purposes of a setback for the rear yard. With this recommendation, the intent of the PPS with respect to natural hazards will be met. The increase in lot size does not affect the stormwater management facility requirements. The Authority has no concerns with the amended draft plan with the same conditions. Open Space Development Section, Public Works Department

Comments on Applicant’s Revised Draft Plan as Submitted • The proposed parkland in the “Lake Vista West” draft plan is inadequate in size

according to Policy 7.2.4 of the Stoney Creek Official Plan, which requires neighbourhood parks sites to have a minimum area of 1.6 ha.

• Block 52 shall not be considered for parkland as it functions as part of the storm

water management pond. It should be naturalized and accessible. A path of a minimum standard width of 3.0 metres should connect the park to the shoreline through the storm water management pond (Block 53). This requirement is in

SUBJECT: Applications for an Official Plan Amendment, Zone Change and Revision to Draft Plan of Subdivision Known as “Lake Vista Central”, Located on the North Service Road, Stoney Creek (PD03270) (Ward 11) - Page 10 of 15

accordance with Official Plan Policy 7.2.8 which states “Council shall attempt to integrate Open Space Areas, wherever feasible, and practical through development of a system of pedestrian walkways and bicycle paths.”

• A landscape design of the storm water management pond should be submitted to

the City for approval. (Included as Condition 42 in Appendix “E”) • Parkland requirements need to be recalculated given that Block 52 is not

acceptable as parkland dedication. • Shoreline protection should be addressed through these applications. The

proponent shall be required to submit a report from a qualified coastline engineer. The report should indicate the stability of the current beach and outline any measures to mitigate erosion. It is important that any proposed design for erosion control be conducive to a parkland/natural setting. (Included as Condition 53 in Appendix “E”)

Comments on Recommended Redline Revised Draft Plan for Lake Vista West and Lake Vista Central • Open Space Development staff supports the redline revised park layout shown

for the Lake Vista West and Central Subdivisions. Staff recognizes that the total proposed park size is approximately 0.66ha, whereas the Official Plan stipulates that the minimum park size shall be 1.6ha. The current proposal of 0.66ha should be adequate for a small passive park. It will provide a somewhat better sightline to the lakeshore.

Forestry Section, Public Works Department A site inspection of the subject property revealed there to be no municipal tree conflicts or concerns for this proposed development. Traffic Section, Public Works Department At the engineering stage a detailed plan, which illustrates the location of accesses to Lots 1, 2, 18, 19, 20 and 51, and ultimately to Block 56, must be submitted to the Traffic Engineering office for approval. The accesses must be situated so as not to encroach within the road allowance over the adjacent properties. The access to Lot 5 and Block 56 must be located outside of the corner daylight triangles. (Included as Condition 50 in Appendix “E”.)

Departments or agencies having no concern or objection to the application: • Finance Section, Corporate Services Department • Hamilton Hydro

SUBJECT: Applications for an Official Plan Amendment, Zone Change and Revision to Draft Plan of Subdivision Known as “Lake Vista Central”, Located on the North Service Road, Stoney Creek (PD03270) (Ward 11) - Page 11 of 15

PUBLIC CONSULTATION: Staff mailed a preliminary circulation letter and notice of public meeting for the proposed applications to all landowners within 120 metres of the property boundaries for the Lake Vista West, Central and East draft plan of subdivisions. Of the 130 letters mailed, staff received one letter, as it relates to the “Lake Vista Central” subdivision, from the owners of Lakeside Greenhouses Limited, located at 589 Fifty Road North. Lakeside Greenhouses is a legal non-conforming use that has existed since the 1930s. The letter is attached as Appendix “F” and the greenhouse property is identified by its municipal address on Appendix “A”. The letter raises concerns about the noise impact of existing greenhouse exhaust fans on the proposed subdivisions, grading of the adjacent property, the impact of street and backyard lights on greenhouse plants, and a request for fencing to address the potential for vandalism. These issues are addressed in the Comments section of this report. CITY STRATEGIC COMMITMENT:

The subject property is within the defined urban area and full municipal services are available. The proposed revised draft plan of subdivision and zone change applications are consistent with the objectives of sustainable development. No adverse impacts with respect to economic, social, health and environmental matters have been identified with these applications. COMMENTS: Recommended Redline Revised Draft Plan The most significant change proposed through both the “Lake Vista West” and “Lake Vista Central” applications is the reduction in size of the proposed Neighbourhood Park from 1.6ha (4 acres) to 0.44ha (1 acre). The applicant has advised that this revision is necessary to accommodate the stormwater management pond that must now take up nearly one (1) hectare (2.5 acres), including Blocks 52 and 53 on Appendix “B”, of the original park. The Stoney Creek Official Plan requires that Neighbourhood Parks have a minimum area of approximately 1.6ha. Staff acknowledges that the key purpose of the original 1.6ha park was to provide public access to the lake front. Because of its size, configuration, and close proximity to single detached lots, the park was not intended to provide active playfields such as ball diamonds. At most, with appropriate setbacks considered, the park could have provided a basketball and/or bocce ball court with a pathway, playground and picnic area. Staff of the Open Space Development Section advises that a park size of 0.44ha, as proposed in “Lake Vista West”, is inadequate to meet the park needs of the area residents. At the proposed size, the park could only provide a picnic or playground area

SUBJECT: Applications for an Official Plan Amendment, Zone Change and Revision to Draft Plan of Subdivision Known as “Lake Vista Central”, Located on the North Service Road, Stoney Creek (PD03270) (Ward 11) - Page 12 of 15

and a path leading to the adjacent proposed stormwater pond. A basketball or bocce ball court could not be accommodated because of required setbacks to the street, residential properties and the stormwater pond. Therefore, the reduction of useable amenity space in the proposed park would be too significant to support. However, staff can justify a reduced Neighbourhood Park size if it is increased from 0.44 ha to 0.66ha (1.6 acres). To achieve this size, two lots, which would be comprised of proposed Blocks 37 to 39 in “Lake Vista West”, and Blocks 55 and 56 and Part of Block 54 in “Lake Vista Central”, would need to be eliminated from the revised development proposal, as shown on Appendix “B”. Staff has redlined the draft plan to consolidate Blocks 55 and 56 and Part of Block 54 into new Park Block 85 (which will be added to the park block in “Lake Vista West”), widen Block 54 to 23m and re-label it as Lot 84, and reduce Lot 4 to 23m from 27m. Only one lot would be lost when compared to the original draft plans for Lake Vista West and Central. At a size of 0.66ha, the park can accommodate either a bocce or basketball court, picnic area and a pathway. Open Space Development staff also note that the increased park size and street frontage will provide more visual exposure to the lake. Staff also supports the reduced park size from 1.6ha to 0.66ha on the basis that the developers will be required to submit and implement detailed landscape plans of the stormwater pond to show how the facility will incorporate accessible and safe public amenity areas. Such amenity areas will include, but not be limited to, a public pathway from the Neighbourhood Park to the lake. This requirement is set out in Condition 42 in Appendix “E”. The applicants have proposed to delineate the actual stormwater management pond edge as a block on the revised draft plan (Block 53, shown as a dotted line on Appendix “B”), and the land surrounding the pond as a parkland block (Block 52). Block 52 is not useable parkland and as per Section F.8, Municipal Land Acquisition, policies of the Official Plan, shall not be accepted as parkland dedication. Therefore, staff has redlined the draft plan to consolidate Block 52 with Block 53 as one stormwater management block on Appendix “B”. Because this application was submitted prior to the finalization of the City’s new parkland dedication policies, the former policies of the Stoney Creek Official Plan apply. These policies require that parkland be acquired at a rate of one (1) hectare per 300 units. Under the original draft plans for Lake Vista West, Central and East, the municipality would have had to acquire 1.2ha of the 1.6ha neighbourhood park set aside in the Lake Vista West and Central plans. This amount represents the combined over-dedication for all three subdivisions. Under the revised plans, the parkland dedication requirement is as follows:

SUBJECT: Applications for an Official Plan Amendment, Zone Change and Revision to Draft Plan of Subdivision Known as “Lake Vista Central”, Located on the North Service Road, Stoney Creek (PD03270) (Ward 11) - Page 13 of 15

Units Parkland Dedication Required

Parkland Dedication Provided

Lake Vista West 40 0.13 0.436 Lake Vista Central 66 0.22 0.225 Lake Vista East 14 0.05 0 Total 120 0.40 0.661 As redline revised in Appendix “B”, Block 85 of the draft plan meets the parkland dedication requirement for “Lake Vista Central”. Condition 40 of Appendix “E” requires this block to be conveyed to the municipality. One other revision to the draft plan is the addition of a 0.3m road reserve block (Block 83 on Appendix “B”) along Baseline Road/North Service Road frontage of the property. This reserve will require the driveway locations for the affected draft plan lots to be accessed only from the Street B cul-de-sac in “Lake Vista West” and Monza Drive in “Lake Vista Central”. Revised Draft Plan Conditions Staff has revised and updated the original draft plan conditions for “Lake Vista Central”, as shown in Appendix “E”, to reflect the following: • the City of Hamilton as the new approval authority; • the revised draft plan as per Appendix “B”; • the new Development Engineering Guidelines; • physical changes that have taken place in the area, e.g. the urbanization of Fifty

Road; • fencing and noise from the exhaust fans at the adjacent greenhouse, as

explained in the sub-heading “Compatibility Issues with 589 Fifty Road North”; • shoreline protection requirements; and, • conditions that appear to have been inadvertently omitted at the time of original

draft approval. New Development Engineering Guidelines In accordance with the new Council-approved Development Engineering Guidelines, staff has identified the City’s financial obligations for cost-sharing associated with the development of this subdivision. These cost-sharing items are set out in Recommendation (a) of this report. In addition, the requirement and location of

SUBJECT: Applications for an Official Plan Amendment, Zone Change and Revision to Draft Plan of Subdivision Known as “Lake Vista Central”, Located on the North Service Road, Stoney Creek (PD03270) (Ward 11) - Page 14 of 15

sidewalks on all streets has been clearly identified as set out in Condition 35 of Appendix “E” to this report. Revised Official Plan Amendment The proposed Official Plan Amendment, as revised by staff, is illustrated in Appendix “C”. Staff recommends that the proposed park, including that portion located in “Lake Vista West”, be designated as Neighbourhood Park with a Special Policy Area to allow a park size of 0.66ha, notwithstanding that the Official Plan requires a minimum size of 1.6ha. Blocks 2, 3, and 4 will be designated Low Density Residential to reflect the redline revised draft plan. Block 5 will be redesignated from Neighbourhood Park to a new designation referred to as Open Space – Stormwater Management Facility. This new designation is in keeping with the recently updated parkland dedication policies in the Official Plan that state stormwater management facilities shall not be considered as parkland. In addition, the bikeway/pathway shown on the Official Plan schedule will be relocated to reflect the revised park location. Neighbourhood Plan Once the Official Plan and Zoning By-law Amendments are finalized, staff recommends that the Fifty Point Neighbourhood Plan be amended to reflect Council’s approval of the subject applications. The Fifty Point Neighbourhood Plan can be amended by resolution of Council as set out in Recommendation (d) of this report. Revised Zone Change To mirror staff’s recommended revisions to the Official Plan Amendment and draft plan, staff has also revised the proposed zone change as shown in Appendix “C”. In addition, staff has also made changes to address the Hamilton Conservation Authority’s comments regarding the setbacks from the shoreline for Lot 2. Specifically, staff proposes a split zoning on Lot 2 where the front portion of the lot is Single Residential “R1-15” and the rear portion is Open Space “OS-10”. As the “OS-10” area is considered as natural hazard land, no buildings or structures, except shoreline protection structures, shall be permitted in that zone. For the purposes of By-law interpretation, the rear yard setback shall be measured from the zone boundary between the “OS-10” and the “R1-15” Zones, rather than from the rear lot line. The “R1-15” Zone will also include the more restrictive area, frontage and side yard regulations that are applicable to the adjacent properties in the “R1-7” Zone. It should also be noted that the draft plan shows that Lots 6, 21, 22 and 31 do not meet the minimum frontage requirements of the Zoning By-law. The final plan will need to show full compliance with the Zoning By-law prior to registration as required by

SUBJECT: Applications for an Official Plan Amendment, Zone Change and Revision to Draft Plan of Subdivision Known as “Lake Vista Central”, Located on the North Service Road, Stoney Creek (PD03270) (Ward 11) - Page 15 of 15

Condition No. 44 of Appendix “E”. To do so, the developer will need to either make minor adjustments to the plan or seek relief from the By-law. Compatibility Issues with 589 Fifty Road North As set out in their letter attached as Appendix “F”, the owners of a greenhouse operation located at 589 Fifty Road North advise that exhaust fans are located on the west side of their property, adjacent to the proposed subdivisions. Since the fans can not be relocated, the owners would like the developer and any future residents to be aware of the situation. To address this concern, staff has amended the draft plan conditions to require the developer to complete a noise study to address any impacts from traffic noise and stationary noise from the greenhouse, and determine what, if any, mitigation measures need to be applied. If noise levels remain higher than is acceptable, as determined by the Ministry of the Environment, the developer is required to advise purchasers that noise levels may be a concern. The greenhouse owners are also concerned that street lights and backyard lights shining onto their property will cause delays in the growth of certain plants during specific times of the year. Staff has advised them that street lights that have been and will continue to be installed in the Fifty Point area are decorative in design and create less light intensity and glare than typical “cobra” street lights. In addition, staff has explained that normal use of backyard lights can not be restricted by the City. Staff also notes that no part of the greenhouse property will directly abut any proposed streetlights from either the Lake Vista West, Central or East subdivisions. With respect to grading, the greenhouse owners have asked if it is possible to keep the property levels of “Lake Vista Central” the same or lower (not raised) as the adjacent properties. Staff has explained to the greenhouse owners that the developer will be required to submit a grading and drainage plan to the municipality prior to registration of the plan to demonstrate that grades at abutting properties are matched and that the subdivision will contain its own drainage. Lastly, the greenhouse owners have inquired if the developer is responsible for putting up a fence as a barrier. It is appropriate that a fence be required between the subdivision and the abutting greenhouse, considered a commercial use. A requirement for a privacy fence has been included in Condition No. 43 in Appendix “E”. CONCLUSION: Based on the foregoing, staff supports the revised draft plan, as redlined in Appendix “B” and with the revised conditions in Appendix “E”, the Official Plan and Zone Change Amendments, as revised and shown in Appendix “C”, and changes to the Fifty Point Neighbourhood Plan to reflect the redline revised draft plan.

:DB Attachs. (6)

Appendix “A” to Report PD03270

Appendix “E” to Report PD03270 (Page 1 of 9)

Appendix “E” to Report PD03270

“Lake Vista Central” – Revised Conditions of Draft Approval

Note: Conditions are as per the March 24, 1999 draft approval with revised conditions shown in italics and new conditions in bold.

1. That this approval apply to “Lake Vista Central”, dated Jan. 22, 2003, prepared by Urbex Engineering Limited, redline revised and as shown in Appendix “B” to Report PD03270, showing a maximum of fifty-two (52) lots for single detached dwellings (Lots 1 to 51 and Lot 84), one (1) block for a neighbourhood park (Block 85), one (1) block for a storm water management pond (Block 53), nineteen (19) blocks for future development (Blocks 57 to 75), and eight (8) blocks for 0.3 metre reserves (Blocks 76 to 83). The extension of Falcon Road, Monza Drive and Street B from the Lake Vista West Subdivision (25T-97018) will be dedicated to the City as public roadways.

Development Engineering 2. That prior to development, the owner be required to enter into a subdivision

agreement with the City of Hamilton prior to registration of any portion of the draft approved plan.

3. That all lots be serviced with municipal services to the satisfaction of the

Manager of Development Engineering. 4. That all road allowances, daylight triangles and road widenings be dedicated as

public highways by including a certificate on the final plan of subdivision. 5. That all easements that may be required for utility or drainage purposes be

granted to the appropriate authorities. 6. That all dead end streets or open sides of road allowances be terminated in 0.3m

reserves and that they be conveyed to the City of Hamilton. 7. That all lots be serviced with public road, storm, sanitary, water and public

utilities in accordance with the requirements of the authority having jurisdiction, at the owner's expense.

8. That the owner agrees to pay one half of the cost of a 1.5m high black vinyl chain

link fence along the entire north side of Park Block 85. 9. That the owner agrees to prepare and implement a storm drainage, lot grading,

siltation and erosion control plan to the satisfaction of the Manager of Development Engineering, and the Hamilton Conservation Authority, in accordance with the Hamilton Harbour Watershed Sediment Controls for Urban Construction.

Appendix “E” to Report PD03270 (Page 2 of 9)

10. That the owner satisfies the requirements of the Manager of Development Engineering and the Ministry of the Environment in regards to addressing water quality standards.

11. That the owner enters into a private Cost-Sharing Agreement for the purpose of

distributing the costs associated with the construction of any internal or external services including, but not limited to, stormwater management facilities, City bikeways, a neighbourhood entrance feature, and the urbanization costs for that portion of the subdivision abutting Fifty Road and Baseline Road. Further, the stormwater management facility and neighbourhood entrance feature shall be constructed as part of the first phase of the development within the neighbourhood and the costs shall be equitably distributed among the benefiting developers in accordance with a private Cost-Sharing Agreement. If the parties are unable to agree on the terms of the Cost-Sharing Agreement within 90-days after draft plan approval, the Manager of Development Engineering, as sole arbitrator, shall decide any such terms and his decision shall be final and binding on the parties.

12. That the owner agrees that prior to final approval of this plan of subdivision, that

unless provided for, access to Fifty Road through the future road connection from Falcon Road through the Lake Vista East Plan of Subdivision must be either blocked off or restricted for emergency access as required by the Manager of Development Engineering, and that all temporary dead ends are constructed to City standards for turnaround purposes.

13. That the owner will equitably contribute towards the construction of a

neighbourhood entrance feature on Fifty Road immediately north of the intersection with the North Service Road which shall be implemented no later than the benefiting developers in accordance with a private Cost-Sharing Agreement. If the parties are unable to agree on the terms of the Cost-Sharing Agreement within 90-days after draft plan approval, the Manager of Development Engineering, as sole arbitrator, shall decide any such terms and his decision shall be final and binding on the parties.

14. That the owner agrees to submit a phasing plan that includes the identification of

temporary turning circles and lots deemed unbuildable to the satisfaction of the Manager of Development Engineering, prior to final approval of any phase of draft plan of subdivision.

15. That the owner conveys the necessary easements and/or street dedications to

their full width to the municipality for the extension of services from the subdivision to the limits of their property at the time of registration of the first phase of the subdivision all to the satisfaction of the Manager of Development Engineering. Further, that a 0.3 metre reserve be established along the easement and/or street dedications.

16. That prior to final approval of this plan of subdivision, that all required external

servicing connections to facilitate the orderly development of the lands be provided to the satisfaction of the Manager of Development Engineering.

Appendix “E” to Report PD03270 (Page 3 of 9)

17. That the owner agrees to provide fencing and landscaping treatment for the

North Service Road frontage to the satisfaction of the Manager of Development Engineering.

18. That the owner agrees that Falcon Road (New) shall not be connected to Falcon

Road in the Fifty Point West Subdivision until Falcon Road in Lake Vista Estates East has been urbanized. Until such time, the developer shall be responsible for the construction of a temporary turnaround at the north limit of Falcon Road (New).

19. That the owner agrees to implement noise control construction features to the

satisfaction of the Manager of Development Engineering 20. That the Owner agrees, in writing, to satisfy all conditions, financial and

otherwise, of the City of Hamilton prior to registration of any portion of the draft approved plan.

21. That the owner retain the services of a qualified Professional Consulting

Engineer for the preparation of a Servicing Report which demonstrates the capacity of the storm and sanitary sewers as well as the watermains to service this development, to the satisfaction of the Manager of Development Engineering.

22. That no portion of these lands be allowed to develop until such time as sanitary

and storm sewers and water and road access are available to service these lands directly.

. 23. That the owner agrees to pay their proportionate share for the future

construction of a multi-use sidewalk/bicycle path system along North Service Road, where it abuts the owner’s development.

24. That the owner agrees, in writing, that no clearing or grubbing of the

subject lands commence until such time as a tree preservation plan has been approved to the satisfaction of the Manager of Forestry, Public Works Department, and all grading plans and siltation and erosion control plans, as part of the engineering submission, have been approved to the satisfaction of the Manager of Development Engineering.

25. That the owner pays to the City any outstanding commutation charges

assessed against the lands in the plan. 26. That the owner, through a soil consultant or other qualified consultant

shall: check existing wells which provide potable water supply to other properties located within a reasonable distance of the subject lands to establish the existing depth of water within wells prior to the commencement of construction; monitor these wells during construction; and check wells for a period of one year after the completion of construction. If any problems arise, they must be appropriately addressed

Appendix “E” to Report PD03270 (Page 4 of 9)

by the owner to the satisfaction of the Manager of Development Engineering.

27. That the owner prepares a geotechnical report and implement the report's

recommendations, to the satisfaction of the Manager of Development Engineering.

28. That the owner shall provide temporary turning circles of minimum asphalt

radius R=13m with sufficient easements and 0.30m reserves to the City in the locations of: Lots 27 to 29 and Block 65; Lots 6, 7, 40, and 41; and Lots 5 and 42, that may require said lots to be unsuitable for development until such time as Monza Drive and Falcon Road, respectively, are extended in conjunction with adjacent development.

29. That the owner agrees, in writing, to erect a sign to the satisfaction of the

City at any temporary turning circle created by registration of any portion of the draft approved plan indicating that the street will be extended in conjunction with future development.

30. That the owner agrees to contribute to the future urbanization of North

Service Road to the satisfaction of the Manager of Development Engineering.

31. That the owner agrees to urbanize existing Falcon Road to the satisfaction

of the Manager of Development Engineering. 32. That the owner submits a stormwater management plan to the City for

approval to address the design, construction, maintenance, and inspection of stormwater management facilities for the area in accordance with the criteria and requirements of the approved stormwater management report.

33. That the owner agrees, in writing, to implement the approved

recommendations of the stormwater management report. 34. That the final plan of subdivision for any phase of the draft approved plan

not be registered until adequate storm and sanitary sewer outlets have been provided to the limit of each phase proposed for registration, to the satisfaction of the Manager of Development Engineering.

35. That the owner installs sidewalks in accordance with City policy as follows:

on the north side of the extension of Monza Drive; the north side of the extension of Street B from the Lake Vista West Subdivision; and, the entire south and west sides of Falcon Road including the north side of the existing section. Further, the owner shall include a notice in all Purchase and Sale Agreements advising future homeowners of these sidewalk requirements.

Appendix “E” to Report PD03270 (Page 5 of 9)

Development Planning 36. That the owner agrees to provide the City of Hamilton with a certified list showing

the net lot area and width of each lot and block and the gross area of the subdivision in the final plan.

37. That the owner agrees to select a street name from the City of Hamilton

Reserved Street Name Index and/or submit street names to the satisfaction of the City.

38. That the owner supplies and installs a Land Use Sign to the satisfaction of the

Manager of Development Planning. 39. That the final plan not be registered until the Owner demolishes all existing

buildings and structures to the satisfaction of the Director of Building and Licensing.

40. That the owner agrees to convey Block 85, as revised, to the City of

Hamilton, as provided under the Planning Act, in fulfillment of the parkland dedication requirement.

41. That the owner dedicates Block 53 for storm water management purposes. 42. That the owner submits a detailed landscape plan of the Stormwater

Management Block 53 showing how accessible and safe public amenity areas will be incorporated into the design of the stormwater pond including, but not limited to, the provision of a pedestrian/bicycle pathway access from the adjacent Neighbourhood Park to the lake. The owner shall implement the detailed landscape plan to the satisfaction of the Manager of Open Space Development, the Manager of Development Planning, and the Hamilton Conservation Authority.

43. That the owner agrees to construct a privacy fence, at the owner’s cost, in

accordance with City standards where the owner’s property abuts the property municipally known as 589 Fifty Road North.

44. That the final plan conforms to the Zoning By-law approved under the Planning

Act. 45. That the owner agrees to submit specifications for building elevations which

demonstrate that a variety of housing styles, with varied architectural features, will be constructed within the subdivision, prior to final approval of the plan, in accordance with Official Plan Amendment No. 61.

46. That the owner agrees in writing to develop Blocks 57 to 75, inclusive, in

conjunction with the abutting properties. 47. That the owner shall carry out an archaeological assessment of the entire

development property and mitigate, through preservation or resource removal

Appendix “E” to Report PD03270 (Page 6 of 9)

and documentation, adverse impacts to any significant archaeological resources found. No demolition, grading or soil disturbances shall take place on the subject property prior to the approval of the Planning and Development Department and the Ministry of Citizenship, Culture and Recreation confirming that all archaeological resources concerns have met licensing and resource conservation requirements.

48. That prior to final approval, the owner shall engage the services of a qualified

consultant to complete a noise assessment study investigating noise levels impacting the proposed development and recommending noise control measures, if applicable, with said study and noise control measures being to the satisfaction of the Manager of Development Planning.

49. That in the event the proposed noise control measures do not fully achieve the

MOE’s recommended sound level limits for residential land uses, and a slight noise level excess remains, that the owner agrees to the inclusion in the Subdivision Agreement the following noise warning clause:

"Purchasers are advised that despite the inclusion of noise control measures

within the development area and within the individual building units, noise levels may be of concern, occasionally interfering with some activities of the occupants."

Operations and Maintenance, Public Works 50. That prior to final approval, the owner submits detailed engineering

drawings that illustrate where driveways will be situated at bulb, elbow and intersection locations to ensure that driveways do not overlap, and do not encroach into daylight triangles, to the satisfaction of the General Manager of Public Works.

Capital Planning and Implementation, Public Works 51. That prior to final approval, the owner submits a Tree Preservation Study and

Plan, if required as determined by the Manager of Open Space Development, prepared by a certified arborist or landscape architect at the owner’s expense and to the satisfaction of the Manager of Forestry and the Manager of Open Space Development.

52. That the owner prepares and implements a streetscape plan detailing decorative

street lighting and enhanced boulevard landscaping treatment to the satisfaction of the Manager of Open Space Development, prior to final approval of the draft plan of subdivision in accordance with Official Plan Amendment No. 61.

53. That the owner submits a report by a qualified coastline engineer to

address shoreline protection for the subject property, specifically to indicate the stability of the current beach and outline any measures to mitigate erosion, to the satisfaction of the Manager of Open Space Development and the Hamilton Conservation Authority. The report is to

Appendix “E” to Report PD03270 (Page 7 of 9)

indicate the stability of the current beach and outline measures to mitigate erosion. Any proposed design for erosion control must be conducive to a parkland/natural setting. The owner shall implement for the recommendations of the engineering report, at the owner’s cost, to the satisfaction of the Manager of Open Space Development and the Hamilton Conservation Authority.

Social and Public Health Services 54. That all existing or proposed development must be connected to the municipal

water and sewage services. 55. That any existing single family home be connected to the municipal sewage

system prior to final approval. 56. That any existing septic tanks servicing the single family home on Lot 1 be

pumped out by a licensed sewage waste hauler and the abandoned septic tank collapsed and filled with soil, prior to final approval.

57. That the septic tank servicing the existing dwelling located in the vicinity of Lots

11 and 12 be pumped out by a licensed sewage waste hauler and the abandoned tank collapsed and filled with soil, prior to final approval.

58. That any existing wells to be abandoned on the subject lands be properly filled as

per Ministry of Environment guidelines titled to prevent groundwater contamination.

Ministry of Transportation 59. That prior to final approval, the owner shall submit to the Ministry of

Transportation a copy of a traffic impact study addressing the anticipated traffic volumes and their impact upon the interchange area.

60. That prior to final approval, the owner shall submit to the Ministry of

Transportation a copy of a drainage plan addressing the intended treatment of the calculated runoff and possible impacts to the North Service Road.

Hamilton Conservation Authority 61. That the owner prepares and implements an erosion and sediment control plan

for the subject property to the satisfaction of the Hamilton Conservation Authority. The approved plan will include the following: (a) All erosion and sediment control measures shall be installed prior to

development and maintained throughout the construction process until all disturbed areas have been revegetated;

(b) All erosion and sediment control measures shall be inspected after each

rainfall and maintained to the satisfaction of the Authority Engineer;

Appendix “E” to Report PD03270 (Page 8 of 9)

(c) Any disturbed area not scheduled for further construction within 45 days

shall be provided with a suitable temporary mulch and seed cover within 7 days of the completion of that particular phase of construction; and

(d) All disturbed areas shall be revegetated with permanent cover

immediately following completion of construction. 62. That the owner prepares and implements a detailed grading plan for the subject

property to the satisfaction of the Hamilton Conservation Authority. This plan shall be developed in conjunction with the tree preservation and landscape plan.

63. That the owner prepares and implements a stormwater management plan for the

subject property. This plan shall address water quality and quantity issues and will ensure that post development flows will equal pre-development levels and that current provincial drainage and stormwater quality guidelines are implemented.

64. That the owner prepares and implements a tree preservation and planting plan

for the subject property. This plan shall show how existing vegetation will be maintained with development and highlight replacement trees for vegetation removed as part of the development of the subdivision.

Bell Canada 65. That Bell Canada shall confirm that satisfactory arrangements, financial and

otherwise have been made with Bell Canada for any Bell Canada facilities serving this draft plan of subdivision which are required by the Municipality to be installed underground, and a copy of such confirmation shall be forwarded to the Municipality.

66. That the owner shall agree in the Subdivision Agreement, in words satisfactory to

Bell Canada, to grant to Bell Canada any easements that may be required for telecommunication services. If there are any conflicts with existing Bell Canada facilities or easements, the owner/developer shall be responsible for rearrangements of relocation.

Canada Post 67. That the owner agrees to provide Canada Post facilities as required by Canada

Post Corporation and to locate these facilities to the satisfaction of the City of Hamilton and Canada Post. These facilities are to be installed as part of the installation of Public Works.

Appendix “E” to Report PD03270 (Page 9 of 9)

Hamilton-Wentworth District School Board 68. That the developer shall agree to:

(i) Erect and maintain signs, based on the Board's specifications, at the entrances to the subdivision which shall advise prospective purchasers that subject to Ministry of Education approval for new schools, students from this development are likely to be redirected to schools outside of the area with available capacity; and

(ii) Include a clause in the subdivision agreement requiring the owner to

include the above warning clause in all Offer to Purchase and Sale Agreements.

Appendix “F” to Report PD03270