Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 29, 2024
Case No.: OLT-23-000730

PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: 2592481 Ontario Inc.
Subject: Site Plan
Description: To permit a commercial development consisting of a gas station, convenience store, restaurants, and 4-storey hotel
Reference Number: Site Plan Application DA-20-127
Property Address: 1097 Wilson Street West
Municipality: Hamilton
OLT Case No.: OLT-23-000730
OLT Lead Case No.: OLT-23-000730
OLT Case Name: 2592481 Ontario Inc. v. Hamilton (City)

BEFORE: Steven Cooke, Vice Chair August 29, 2024

THE MATTER of the Site Plan contained within OLT File No. OLT-23-000730 having been considered by the Ontario Land Tribunal (“Tribunal”) for a written hearing;

AND THE TRIBUNAL having been advised of a settlement between 2592481 Ontario Inc. and the City of Hamilton;

AND THE TRIBUNAL having considered the uncontested planning opinion evidence through the sworn affidavit of Elizabeth Farrugia, B.Sc., M.PL., MCIP, RPP, Land Use Planner in support of the proposed Site Plan, related drawings and Conditions of Site Plan Approval for the subject property;

THE TRIBUNAL ORDERS that:

1. The proposed Site Plan and related drawings respecting the lands located at 1097 Wilson Street West in the City of Hamilton are approved in accordance with Schedule A attached hereto and subject to the Conditions of Site Plan Approval attached as Schedule B.

2. The two Schedules attached to this Order shall form part of this Order;

3. The Tribunal may be spoken to should any matter arise respecting the fulfillment of conditions and/or implementation of this Order.

“Steven Cooke”

STEVEN COOKE VICE-CHAIR

Ontario Land Tribunal Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

SCHEDULE A

D

D

GENERAL NOTES:

1. ALL DRAWINGS AND DESIGNS ARE COPYRIGHTED AND PROPERTY OF CANTAM GROUP LIMITED AND CANNOT BE REPRODUCED EXCEPT WITH SPECIFIC WRITTEN CONSENT FROM THE DESIGNER.

2. CONTRACTORS MUST CHECK AND VERIFY ALL DIMENSIONS AND CONDITIONS OF THE PROJECT AND MUST REPORT ANY DISCREPANCIES TO THE DESIGNER BEFORE PROCEEDING WITH CONSTRUCTION.

NO.

DESCRIPTIONS

YYYY/MM/DD

R1

ISSUED FOR PRE-CONSULTATION

2019 / 04 / 17

R2

ISSUED FOR SPA

2020 / 10 / 27

R3

ISSUED FOR REVISION

2023 / 10 / 27

R4

ISSUED FOR REVISION

2024 / 03 / 21

R5

ISSUED FOR REVISION

2024 / 04 / 15

3000 8500 9600

1300

0

9000

1300 7000

800

BTD

6100

mm

800

Tractor Width : 2600 Trailer Width : 2600 Tractor Track : 2600 Trailer Track : 2600

Lock to Lock Time : 6.0 Steering Angle : 29.5 Articulating Angle : 70.0

The Jerseyville Road Woodlot Environmentally Significant Area (ESA) boundary within the urban area was determined October 4, 2023. This boundary includes Gray Dogwood Cultural Thicket (CUT1-4; polygon 1.1), Mineral Cultural Thicket/Savannah (CUT1/CUS; polygon 1.4), Forb Mineral Meadow Marsh

(MAM2-10; polygon 2) and Mineral Cultural Thicket (CUW1; polygon 3). The Mineral Cultural Woodland (CUW1; polygon 1.3) is excluded from the ESA due to continued anthropogenic disturbance. The Site Plan includes development within polygon 1.4 subject to enhancement of this area.

URBAN/ ELC 1.1 & 1.4

LIMIT OF GRADING FOR SWALE

CONC. BARRIER CURB

TC 235.00

S

0.15m

0.35

SWALE BOTTOM

MIN. 0.15m TO MAX. 0.45m

9.57

OF

ARCHITECTS

JOSEPH D. BATTAGLIA

LICENCE 5924

EDGE OF ENHANCEMENT AREA

SWALE

32.85

SECTION A-A

SCALE: NTS.

EDGE OF WOODLOT VPZ

SWALE

EDGE OF WOODLOT VPZ

CONC. BLOCK WALL (BY OTHERS)

TW 238.12

PROJECT COORDINATOR:

CANTAM

Group Ltd.

PLANNING & BUILDING CONSULTANTS

850 TAPSCOTT ROAD, UNIT # 51, TORONTO, ON M1X 1N4 TEL: 416-335-3353 - FAX: 416-335-7967

SITE:

CONC. BLOCK WALL

(BY OTHERS) TW 235.15

1.40

C/L

1.93

2.85

CONC. BARRIER CURB TC 235.00

0.15m

SWALE BOTTOM INV. 234.85

CONC. BLOCK WALL (BY OTHERS)

TW 235.15

1.03

C/L

2.50

SWALE BOTTOM INV. 234.85

0.45m min

3.12

1.86

CONC. BARRIER CURB TC 235.00

0.15m

1097 WILSON STREET WEST, ANCASTER, HAMILTON, ON

PROJECT:

PROPOSED GAS STATION, C-STORE, HOTEL AND RESTAURANTS

DRAWING:

SITE PLAN (DA-20-127)

0.45m min

0.45m min

DATE: 2023 / 12 / 01

SPA

SECTION B-B

SCALE: NTS.

SECTION C-C

SCALE: NTS.

SECTION D-D

SCALE: NTS.

SCALE: 1 / 300 MTS. DRN BY: ZHLA

CHK BY: MB

DRAWING NO.

GENERAL NOTES:

1. ALL DRAWINGS AND DESIGNS ARE COPYRIGHTED AND PROPERTY OF CANTAM GROUP LIMITED AND CANNOT BE REPRODUCED EXCEPT WITH SPECIFIC WRITTEN CONSENT FROM THE DESIGNER.

2. CONTRACTORS MUST CHECK AND VERIFY ALL DIMENSIONS AND CONDITIONS OF THE PROJECT AND MUST REPORT ANY DISCREPANCIES TO THE DESIGNER BEFORE PROCEEDING WITH CONSTRUCTION.

NO.

DESCRIPTIONS

YYYY/MM/DD

R1

ISSUED FOR PRE-CONSULTATION

2019 / 04 / 17

R2

ISSUED FOR SPA

2020 / 10 / 27

R3

ISSUED FOR REVISION

2023 / 10 / 27

R4

ISSUED FOR REVISION

2024 / 03 / 21

R5

ISSUED FOR REVISION

2024 / 04 / 15

PROJECT COORDINATOR:

CANTAM

Group Ltd.

SITE:

1097 WILSON STREET WEST, ANCASTER, HAMILTON, ON

PROJECT:

PROPOSED GAS STATION, C-STORE, HOTEL AND RESTAURANTS

DRAWING:

BUILDING "A" ELEVATIONS

DATE: 2023 / 12 / 01

SPA

SCALE: 1 : 100 MTS.

DRAWING NO.

DRN BY: ZHLA

CHK BY: MB

GENERAL NOTES:

1. ALL DRAWINGS AND DESIGNS ARE COPYRIGHTED AND PROPERTY OF CANTAM GROUP LIMITED AND CANNOT BE REPRODUCED EXCEPT WITH SPECIFIC WRITTEN CONSENT FROM THE DESIGNER.

2. CONTRACTORS MUST CHECK AND VERIFY ALL DIMENSIONS AND CONDITIONS OF THE PROJECT AND MUST REPORT ANY DISCREPANCIES TO THE DESIGNER BEFORE PROCEEDING WITH CONSTRUCTION.

NO.

DESCRIPTIONS

YYYY/MM/DD

R1

ISSUED FOR PRE-CONSULTATION

2019 / 04 / 17

R2

ISSUED FOR SPA

2020 / 10 / 27

R3

ISSUED FOR REVISION

2023 / 10 / 27

R4

ISSUED FOR REVISION

2024 / 03 / 21

R5

ISSUED FOR REVISION

2024 / 04 / 15

PROJECT COORDINATOR:

CANTAM

Group Ltd.

SITE:

1097 WILSON STREET WEST, ANCASTER, HAMILTON, ON

PROJECT:

PROPOSED GAS STATION, C-STORE, HOTEL AND RESTAURANTS

DRAWING:

BUILDING "B" ELEVATIONS

DATE: 2023 / 12 / 01

SPA

SCALE: AS SHOWN

DRAWING NO.

DRN BY: ZHLA

CHK BY: MB

GENERAL NOTES:

1. ALL DRAWINGS AND DESIGNS ARE COPYRIGHTED AND PROPERTY OF CANTAM GROUP LIMITED AND CANNOT BE REPRODUCED EXCEPT WITH SPECIFIC WRITTEN CONSENT FROM THE DESIGNER.

2. CONTRACTORS MUST CHECK AND VERIFY ALL DIMENSIONS AND CONDITIONS OF THE PROJECT AND MUST REPORT ANY DISCREPANCIES TO THE DESIGNER BEFORE PROCEEDING WITH CONSTRUCTION.

NO.

DESCRIPTIONS

YYYY/MM/DD

R1 ISSUED FOR PRE-CONSULTATION 2019 / 04 / 17

R2 ISSUED FOR SPA 2020 / 10 / 27

R3

ISSUED FOR REVISION

2023 / 10 / 27

R4

ISSUED FOR REVISION

2024 / 03 / 21

R5

ISSUED FOR REVISION

2024 / 04 / 15

PROJECT COORDINATOR:

CANTAM

Group Ltd.

SITE:

1097 WILSON STREET WEST, ANCASTER, HAMILTON, ON

PROJECT:

PROPOSED GAS STATION, C-STORE, HOTEL AND RESTAURANTS

DRAWING:

BUILDING"C" ELEVATIONS

DATE: 2023 / 12 / 01 SPA

SCALE: AS SHOWN DRAWING NO.

DRN BY: ZHLA

CHK BY: MB

GENERAL NOTES:

1. ALL DRAWINGS AND DESIGNS ARE COPYRIGHTED AND PROPERTY OF CANTAM GROUP LIMITED AND CANNOT BE REPRODUCED EXCEPT WITH SPECIFIC WRITTEN CONSENT FROM THE DESIGNER.

2. CONTRACTORS MUST CHECK AND VERIFY ALL DIMENSIONS AND CONDITIONS OF THE PROJECT AND MUST REPORT ANY DISCREPANCIES TO THE DESIGNER BEFORE PROCEEDING WITH CONSTRUCTION.

NO.

DESCRIPTIONS

YYYY/MM/DD

R1 ISSUED FOR PRE-CONSULTATION 2019 / 04 / 17

R2 ISSUED FOR SPA 2020 / 10 / 27

R3

ISSUED FOR REVISION

2023 / 10 / 27

R4

ISSUED FOR REVISION

2024 / 03 / 21

R5

ISSUED FOR REVISION

2024 / 04 / 15

PROJECT COORDINATOR:

CANTAM

Group Ltd.

SITE:

1097 WILSON STREET WEST, ANCASTER, HAMILTON, ON

PROJECT:

PROPOSED GAS STATION, C-STORE, HOTEL AND RESTAURANTS

DRAWING:

BUILDING "D" HOTEL ELEVATIONS

DATE: 2023 / 12 / 01 SPA

SCALE: AS SHOWN DRAWING NO.

DRN BY: ZHLA

CHK BY: MB

SCHEDULE B

May 28, 2024

File: DA-20-127

GSP Group

c/o Elizabeth Farrugia

162 Locke Street South, Suite 200 HAMILTON ON

L8P 4A9

Dear Elizabeth Farrugia:

Planning and Economic Development Department

Heritage and Urban Design 71 Main Street West, 4th Floor, Hamilton ON L8P 4Y5 Phone: 905-546-2424 Fax: 905-546-5611

Re: Concurrent Site Plan / Building Plan Review Process

Site Plan Control Application by Cantam Group Ltd. for Lands Located at 1097 Wilson Street West, Ancaster (Ward 12)

1. SITE PLAN

1. (a) To develop and maintain the site in compliance with the Site Plan, dated April 15, 2024 attached hereto and hereinafter referred to as the “Site Plan”. Minor changes to the Site Plan or condition(s) shall be permitted only upon written approval from the City’s Manager of Heritage and Urban Design.

Approval Limitation

1. (c) That in the event there has been no submissions made to clear conditions for a period of two (2) years this approval shall be considered inactive. To reactivate this approval a notice to the Manager of Heritage and Urban Design shall be provided with a description of any changes to the proposed development and payment of a second Site Plan Control Full Application Clearing of Conditions Fee (fee determined based on fee schedule in effect at the time of reactivation). The applicant is responsible to monitor when submissions have been made to ensure that the application remains active.

Ground Cover to Prevent Soil Erosion

1. (d) Where the construction or demolition of a building, or buildings, or site development works are, in the opinion of the City’s Director of the Building Division, substantially suspended or discontinued for more than 45 days the Owner shall forthwith provide suitable ground cover to prevent soil erosion by wind, rain and snow for the protection of adjoining lands to the satisfaction of the said Director.

Garbage Collection

1. (e) The Owner acknowledges that garbage collection for the proposed development shall be in accordance with the applicable Municipal By-Law.

Phasing

1. (f) That the proposed development may be implemented in phases. Where conditions are required to be completed prior to building permit or occupancy, or within one year of occupancy, such timing shall relate to all site works within the boundary of the particular phase with specific details and extent of each phase to be approved by the City’s Manager of Heritage and Urban Design.

2. PRIOR TO THE SUBMISSION FOR BUILDING PLAN REVIEW

Erosion and Siltation Control

2. (a) To show all erosion and siltation control features in detail on a Grading and Drainage Control Plan hereinafter described in Section 3(b); to the satisfaction of the City’s Manager of Development Engineering; Grand River Conservation Authority and to implement all such erosion and siltation control measures. The Owner further agrees to maintain all such measures to the satisfaction of the City’s Manager of Development Engineering until the site has been fully developed as determined by the City’s Manager of Heritage and Urban Design.

Tree Management

2. (b) To prepare a Tree Preservation/Enhancement Plan as part of the required Landscape Plan hereinafter described in Section 3(e), showing the location of drip lines, edges and existing plantings, the location of all existing trees and the method to be employed in retaining trees required to be protected; to obtain approval thereof from the City’s Manager of Heritage and Urban Design; and to implement all approved tree savings measures. Prior to the implementation of the Plan or any site alteration, the applicant shall provide the associated securities and a Verification of Tree Protection Letter, prepared by a qualified professional and approved to the satisfaction of the Director of Planning and Chief Planner.

Fill Permits

2. (c) To obtain a permit from the Grand River Conservation Authority, under the Prohibited Activities, Exemptions and Permits Regulation (Ontario Regulation 41/24).

Building Elevations

2. (d) To submit a digital copy of final building elevations to the satisfaction of the City’s Manager of Heritage and Urban Design. Minor changes to the Building Elevations or condition(s) shall be permitted only upon written approval from the City’s Manager of Heritage and Urban Design.

Interior Garbage Storage/Outdoor Garbage Containers

2. (f) To show the following on the required Site Plan:

i) The location of any vaults, central storage and collection areas, or other facilities for the storage of garbage and recyclable material, including those which may be internal to a proposed or existing building; or

ii) The location of any outdoor garbage and recycling containers and details for a supporting concrete pad and, if required by the City’s Manager of Heritage and Urban Design, a roofed enclosure having a height sufficient to conceal the containers.

Cost Estimate and Letter of Credit

2. (g) i) To provide cost estimates for 100% of the total cost of all exterior on-site works to be done by the Owner. Such cost estimates shall be in a form satisfactory to the City’s Manager of Heritage and Urban Design; or be prepared in accordance with the Guides for estimating security requirements for landscaping and engineering.

ii) Calculate the lump sum payment for exterior works using the City’s Letter of Credit Policy or Surety Bond Policy to the satisfaction of the City’s Manager of Heritage and Urban Design.

iii) To provide an irrevocable Letter of Credit or Surety Bond to the City’s Manager of Heritage and Urban Design for 75% of the total cost of all on-site development works in a form satisfactory to Finance (Development Officer, Budget, Taxation and Policy) to be held by the City as security for the completion of the on-site development works required in this Agreement.

Alternatively, the owner may choose to provide a lump sum payment for on-site works in accordance with 2. (g) ii). above.

iv) The Letter of Credit or Surety Bond shall be kept in force until the completion of the required site development works in conformity with the approved design and requirements, securities may be reduced in accordance with the City’s Letter of Credit Policy or Surety Bond Policy. If the Letter of Credit or Surety Bond is about to expire without renewal thereof and the works have not been completed in conformity with their approved designs, the City may draw all of the funds so secured and hold them as security to guarantee completion unless the City Solicitor is provided with a renewal of the Letter of Credit or Surety Bond forthwith.

v) In the event that the Owner fails to complete, to the satisfaction of the City’s Manager of Heritage and Urban Design, the required site development works in conformity with its approved design within the time required, then it is agreed by the Owner that the City, its employees, agents or contractors may, at the City’s sole option and in addition to any other remedies that the City may have, enter on the lands and so complete the required site development works to the extent of monies received under the Letter of Credit or Surety Bond. The cost of completion of such works shall be deducted from the monies obtained from the Letter of Credit or Surety Bond. In the event that there is a surplus, the City shall pay it forthwith to the Owner. In the event that there are required site development works remaining to be completed, the City may exercise its authority under (Section 446 of the Municipal Act) to have such works completed and to recover the expense incurred in doing so in like manner as municipal taxes.

1. PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS

3. (a) Satisfy all pre-grading conditions set out in Section 2 above.

Grading and Drainage Control

3. (b) i) To prepare a detailed Grading and Drainage Control Plan showing drainage details for the subject property, abutting properties and public rights-of-way so as to ensure compatible drainage, and to show thereon all existing and proposed connections to the municipal storm sewer to provide for that drainage i.e. catch basins/leads etc. to the satisfaction of the City’s Manager of Development Engineering and Grand River Conservation Authority.

ii) To pay a fee (current rate at time of payment) for the final inspection all aboveground features, such as but not limited to, landscaping, drainage, roads, driveways, noise barriers/fencing, lighting, etc., to the satisfaction of the City’s Manager of Development Engineering.

Storm Water Management Design

3. (c) To submit to the satisfaction of the City’s Manager of Development Engineering Grand River Conservation Authority detailed engineering design for storm water management or to receive from the said Manager an exemption from this requirement.

Landscape Plan

3. (e) To prepare a Landscape Plan showing planting and surfacing details for all areas not covered by buildings, structures, loading areas or parking areas; and to obtain approval thereof from the City’s Manager of Heritage and Urban Design.

Fencing/Visual Barriers

3. (f) To obtain approval of the details of all fencing and visual barriers as indicated on the Site Plan, from the City’s Manager of Heritage and Urban Design, as part of the approval of the Landscape Plan.

Boulevard Sodding

3. (g) To show on the required Landscape Plan, planting and surfacing details for the portion of all adjacent public property located between the sidewalks, curbs or streets and the Owner’s property line so as to ensure a contiguous landscaped area between the public streets and the Owner’s proposed development to the satisfaction of the City’s Manager of Heritage and Urban Design.

Treatment of Future Development Areas

3. (h) To make provision on the required Landscape Plan for the surface treatment of areas intended for future development so as to prevent the occurrence of noxious weeds and erosion to the satisfaction of the City’s Manager of Heritage and Urban Design.

Site Lighting-Design

3. (i) To prepare a Site Lighting Plan, including lighting for any underground parking facilities, and to submit said plan with a signed certification from an Electrical Engineer stating that said plan complies with Section 3.9 “Lighting” of the City of Hamilton Site Plan Guidelines to the satisfaction of the City’s Manager of Heritage and Urban Design.

Multiple Unit Identification Sign

3. (j) To prepare a concept plan for a multiple unit identification sign for emergency access or for a multiple unit development that shows unit numbers and to obtain approval thereof from the City’s Manager of Legislative Approvals/Staging of Development.

Site Servicing Plan

3. (k) i) To submit to the City’s Manager of Development Engineering a satisfactory Site Servicing Plan and pay the applicable drawing review fee based on the approved User Fees Schedule for the year that the Servicing Plans are submitted for review.

ii) To pay for and obtain the required Site Servicing Permits, the cost of which will be calculated based on the approved servicing design.

On Site Servicing Approvals

3. (l) To obtain approval from the (City’s Director of the Building Division or Ministry of the Environment, Conservation and Parks) for all private sewage systems. If approval is under the jurisdiction of the MECP (sanitary system greater than 10,000 li/day), then written copies of such approval shall be provided to the City’s Director of the Building Division. For water taking systems over 50,000 li/day, approval is required from the Ministry of the Environment, Conservation and Parks (General Inquiry Line 905-521-7640).

Cash-in-Lieu of Parkland

3. (n) To pay to the City of Hamilton Park Trust Fund Account the required cash-in-lieu of parkland contribution based on the value of the lands the day before the issuance of a Building Permit.

Development Charges

3. (o) To pay to the City of Hamilton all applicable Development Charges in accordance with the Development Charges By-law, as amended, to the satisfaction of the City’s Director of the Building Division.

Site Plan Drawing

3. (p) To submit a digital copy of the final site plan drawing to the satisfaction of the City’s Manager of Heritage and Urban Design.

Taxes

3. (q) To submit proof from the Taxation Division that the Municipal Taxes are current on the subject lands to the satisfaction of the City’s Manager of Heritage and Urban Design.

Tariff of Fees

3. (r) To pay to the City of Hamilton the applicable additional charges as per the Tariff of Fees By-law for the proposed development type as follows:

i) Commercial – current rate at time of payment per m2 of new gross floor area to a maximum of 50,000m² to the satisfaction of the City’s Manager of Heritage and Urban Design.

Wastewater Assessment

3. (s) To submit a wastewater generation assessment using Part 8 of the latest edition of the Code and Guide for Sewage Systems to establish an updated equivalent population density, to the satisfaction of the City of Hamilton Public Works Department.

Water Service Assessment

3. (t) To submit a water service assessment which tabularizes the expected occupancy and provides a water demand estimation and needed fire flow calculation based on City of Hamilton Policy PW19096, to the satisfaction of the City Public Works Department.

Storm Drainage Area Plan

3. (u) To submit a storm drainage area plan that clearly illustrates the extent of the property which will contribute surface water and ground water by direct connection to the existing systems. The plan must also illustrate where runoff from the remainder of the subject property if applicable, will be directed and/or collected. Appropriate runoff coefficients are to be assigned for the consideration and records of the Public Works Department.

2. PRIOR TO OCCUPANCY

Prior to occupancy of the proposed development the Owner agrees to fulfill each of the conditions which follow:

Driveway Closure

4. (a) To complete the closure of all redundant driveways to the City’s or Ministry of Transportation’s standards.

Driveway Installation

4. (b) To install, at the Owner’s cost and to the City’s or Ministry of Transportation’s standards, new driveway ramps at grade with the (existing, proposed or future) sidewalk. That the Owner must apply for and receive an Access Permit from the Public Works Department or the Ministry of Transportation.

Relocation of Municipal and/or Public Utilities

4. (c) That the relocation of any Municipal and/or Public Utilities, such as but not limited to, street furniture, transit shelters, signs, hydrants, utility poles, transformers, communication pedestals, wires or lines, required due to the location of buildings, structures, walkways, boulevards, driveways, curbing or parking, be arranged and carried out at the Owner’s cost, to the satisfaction of the appropriate City Department or Public Utilities.

Emergency/Fire Routes

4. (d) That any required “Emergency/Fire Routes” shall be established by the City’s Director of the Building Division and that such signage shall be installed at the Owner’s cost and to the satisfaction of the City’s Director of the Building Division.

Traffic Control Signs

4. (e) To install, at the Owner’s cost, all required traffic signs, including directional, visitor parking and barrier-free parking signs, to the satisfaction of the City’s Senior Project Manager, Corridor Management, Public Works.

Multiple Unit Identification

4. (f) To erect the multiple unit identification sign in accordance with the approved concept plan to the satisfaction of the City’s Manager of Legislative Approvals/Staging of Development.

Fire Hydrant

4. (g) To install at the Owner’s cost, any fire hydrant required by the Ontario Building Code as directed by the City’s Director of the Building Division.

Site Servicing

4. (h) To complete site servicing to the satisfaction of the City’s Manager of Development Engineering.

3. WITHIN ONE YEAR OF OCCUPANCY (PRIOR TO RELEASE OF CREDIT)

Grading and Drainage Completion

5. (a) To complete the site grading and drainage scheme in accordance with the Grading and Drainage Control Plan approval.

Storm Water Management Implementation

5. (b) To complete any storm water management scheme and all related drainage control facilities in accordance with the approval Plan.

Tree Management

5. (c) To complete the tree management requirements for the lands in accordance with the approved Tree Preservation/Enhancement Plan.

Landscape Completion

5. (d) To complete the landscaping in accordance with the approved Landscape Plan.

Interior Garbage Storage/Outdoor Garbage Container Installation

5. (e) To install or demarcate on-site any vaults, central storage and collection areas, or other facilities for the storage of garbage and recyclable material, in accordance with the approved Landscape Plan.

Fencing/Visual Barriers Installation

5. (f) To install all fencing and visual barriers as indicated on the Site Plan in accordance with the approved Landscape Plan.

Boulevard Sodding

5. (g) To complete, at the Owner’s cost, the landscaping on all adjacent public property in accordance with the approved Landscape Plan.

Curb Installation

5. (h) To install 0.15 metre raised curbing in the locations shown on the Site Plan.

Site Lighting Installation

5. (i) To implement the approved Site Lighting Plan.

Paving

5. (j) To pave all areas intended to facilitate on-site vehicular movement, parking and loading, as shown on the Site Plan with hot-mixed asphalt or equivalent and to demarcate the parking on said surface.

Certification of Site Development Works

5. (k) To submit to the City’s Director of Growth Management, Site Development Works Certification Forms prepared by the appropriate consultants, certifying that the site development works required under this approval have been completed in accordance with the respective plans prepared by such consultant and accepted by the City.

In addition to the foregoing conditions, the following special conditions are also part of this approval:

PRIOR TO THE SUBMISSION FOR BUILDING PLAN REVIEW

1. That the Owner shall provide confirmation that the limit of the Jerseyville Road Woodlot Environmentally Significant Area (ESA) is reflective of the October 4, 2023 surveyed limit to the satisfaction of the City’s Manager of Heritage and Urban Design.

2. That the Owner shall prepare and implement a Salvage and Transplant Plan to the satisfaction of the City’s Manager of Heritage and Urban Design. This Plan is to be prepared by an ecologist and is to include (but not be limited to):

• Salvage and Transplant Plan: o Methodology o Timing of salvage and relocation o GPS coordinates and mapping of individuals in current locations o GPS coordinates and mapping of “donor” areas

• Photographic records of both the current locations and “donor” sites

• Written Confirmation: Once the species have been salvaged and transplanted, a written letter from a qualified botanist is to be submitted to the City of Hamilton.

• Cost Estimate and Letter of Credit: A cost estimate and Letter of Credit is to be provided.

3. That the Owner shall prepare and implement an Invasive Species Management Plan including a cost estimate and Letter of Credit for implementation, to the satisfaction of the City’s Manager of Heritage and Urban Design.

4. That the Owner finalizes municipal addressing with the Legislative Approvals Section, to the satisfaction of the Director, Growth Management & Chief Development Engineer.

5. That the Owner shall provide clarification of seasonal groundwater monitoring (to maintain infiltration and minimize groundwater interference) to the satisfaction of the City’s Manager of Heritage and Urban Design and Grand River Conservation Authority.

PRIOR TO ISSUANCE OF ANY BUILDING PERMITS

6. That Owner shall prepare a Vegetation Protection Zone (VPZ) Planting Plan, as part of the required Landscape Plan hereinafter described in Section 3(e), completed by a landscape architect in consultation with an ecologist, to the satisfaction of the City’s Manager of Heritage and Urban Design. All plantings within the VPZ shall use non-invasive native plant species. Native species are to originate from a native seed source (preferably within a 250 km radius).

7. That as part of the required Landscape Plan hereinafter described in Section 3(e), the Owner shall prepare and implement a Stewardship Plan to the satisfaction of the City’s Manager of Heritage and Urban Design. This Plan will include (but not be limited to) signage, fencing requirements, bird-friendly design, a Landscape Maintenance Strategy (i.e., mowing, fertilizing) and the location of snow storage.

8. That as part of the required Landscape Plan hereinafter described in Section 3(e), the Owner shall prepare and implement a Restoration Plan to the satisfaction of the City’s Manager of Heritage and Urban Design. This Plan is to include (but not limited to):

• The location of cavity snags, brush piles, basking areas, and hibernacula
• The location and species proposed to be planted within the enhancement area. The species should include oaks, hickories, prairie, savannah species and food plants for Monarch
• How soil stability will be addressed in the interim
• Cost estimate and Letter of Credit.

9. That the Owner shall prepare and implement a Salvage/Transplant Plan Monitoring Plan to the satisfaction of the City’s Manager of Heritage and Urban Design. This Plan will monitor the health of all species transplanted for a period of 2 years after the transplant. Two monitoring reports (1 after each full year of monitoring) will be provided as part of this Plan.

10. That the Owner shall prepare and implement a Monitoring Plan for the Vegetation Protection Zone (VPZ) and enhancement areas (including invasive species monitoring) to the satisfaction of the City’s Manager of Heritage and Urban Design. The Monitoring Plan is to include (but not be limited to) adequacy of vegetation cover, soil stability, photo monitoring at fixed locations, checklist of vegetative species observed, and identify deficiencies to be rectified. The Plan is to include a cost estimate and Letter of Credit for implementation. The Monitoring Plan is to be for a time period of a minimum of 5 years to a maximum of 10 years.

11. That the Owner shall prepare and implement a Wetland Monitoring Plan to the satisfaction of the City’s Manager of Heritage and Urban Design. The Monitoring Plan is to include (but not be limited to) amphibian call monitoring, seasonal wetland water levels, and local groundwater levels. This Plan is to include a cost estimate and Letter of Credit for implementation. The Monitoring Plan is to be for a period of at least 5 years.

12. That the Owner submits a refundable security deposit of $10,000 for any damages to the City infrastructure, to the satisfaction of the Manager of Development Approvals.

13. That the Owner Provides downstream sanitary sewer analysis to Cormorant Road Pump Station to the satisfaction of the Manager of Development Engineering Approvals.

14. That the Owner apply for and receive final and binding Minor Variance approval, to implement Ontario Land Tribunal (OLT) decision for OLT Case Number: OLT-23-000730, to the satisfaction of the Director of Development Planning.

15. That the owner provide payment of $695.79 plus HST for all trees to be planted by the City of Hamilton, as identified on the Landscape Plan approved through Standard Condition 3(e), to the satisfaction of the Manager of Forestry and Horticulture.

16. The Owner shall carry out an archaeological assessment of the portion of the property to be impacted by this application and mitigate, through preservation or resource removal and documentation, adverse impacts to any significant archaeological resources found. No demolition, grading, construction activities, landscaping, staging, stockpiling or other soil disturbances shall take place on the subject property prior to the approval of the Director of Planning and the Ministry of Citizenship and Multiculturalism (MCM) confirming that all archaeological resource concerns have met licensing and conservation requirements. All archaeological reports shall be submitted to the City of Hamilton for approval concurrent with their submission to the Ministry of Citizenship and Multiculturalism.

17. That the Owner shall submit a lot grading and drainage plan (true scale), ensuring all technical requirements are met and all applicable agreements are completed to the satisfaction of Hydro One Networks Inc.