A new public park in Glendale could be built as early as this spring.
Niagara-on-the-Lake unanimously backed a deal Sept. 15 that will let the developer behind Modero Estates build the development’s public park sooner, rather than wait for the town to take on the project later.
The park agreement was one of two Modero items councillors supported that night, along with a separate request dealing with ownership and maintenance of shared areas in a planned 128-townhouse section of the development.
Modero Estates is a roughly 15-hectare mixed-use development in Glendale, west of Concession 7 Road between York and Queenston roads, planned to include detached homes, townhouses and commercial space. According to developer Marz Homes’ website, servicing has begun and home construction is expected to start this fall.
Usually, the town would build the park because it will be a town-owned public amenity. But under the deal, Marz will design and build it instead, then get a credit against the development charges it would otherwise pay the town for parks and recreation.
Marz proposed the park agreement earlier in the subdivision process, in February. Right now, it estimates building the park could cost $1.27 million, but town staff say that does not mean the developer will receive a credit for that amount.
Staff currently expect the eligible credit to be about $850,000 or less after the town reviews the design and costs and determines what qualifies.
William Heikoop, a planner representing Marz, told councillors the company hopes to start construction in spring next year.
He said getting the park built earlier “helps the sales and marketing, but also serves the community by providing them those facilities early and upfront instead of having to wait several years after they move in before the park is there.”
The final park design has not yet been approved and staff said it will return to council for approval.
Council candidate Nicholas Colaneri, who attended the meeting but said other commitments kept him from arriving in time to delegate, emailed councillors beforehand asking what the town had originally planned and budgeted for the park, how staff arrived at its roughly $850,000 credit estimate without a finalized park design, and why council was being asked to move the agreement forward before the final design and cost were known.
“I sent the questions I would have asked if I had been in the room,” Colaneri said. “To make sure all Ts were crossed and all Is were dotted.”
He said he had hoped the questions would be asked and answered on the record before the vote.
“If they could not be answered, then defer until they can be,” he said.
Councillors also unanimously backed a separate Modero request involving 128 planned townhouses on block 84.
That decision does not change the number of homes, building heights or density already approved for the development.
Instead, it sets out how the shared parts of the development will be owned and maintained.
The townhouses will be privately owned, while each homeowner will also hold an ownership interest in the development’s private roads, sidewalks, landscaping, visitor parking, utilities and other common areas. A condominium corporation will manage and maintain those shared elements.
For Colaneri, that discussion raised questions about consultation with the Mississaugas of the Credit First Nation.
“I was disappointed it moved forward like it did,” he said.
In a March 16 response to the town, the First Nation said it had not been involved in the second stage of archeological fieldwork on the property and could not verify the accuracy or completeness of the results.
It also said the project should not receive approval or proceed with ground-altering work until the First Nation’s concerns were satisfactorily addressed.
At the Sept. 15 meeting, planning director Aimee Alderman said the First Nation had “since reviewed that assessment — and don’t have any concerns with the content of it.”
“The Mississaugas of the Credit First Nation will continue to be consulted,” she added.
But Colaneri questioned if the town had actually received written confirmation that concerns raised by the First Nation had been resolved before Tuesday’s vote.
“Has (the First Nation) confirmed, in writing, that its concerns are satisfactorily addressed? Do they know that approvals and ground-altering activities have happened since their letter?” he asked.
He also questioned whether the First Nation would receive future reports at the same time as the province and whether the town had handled the consultation respectfully given the First Nation was not involved in the Stage 2 archaeological work.
In a response to The Lake Report, the town said it contacted the First Nation after the March letter. The First Nation explained that, because it had not participated in or observed the fieldwork, it could not independently verify the assessment’s methods, findings or conclusions. The town said the First Nation later acknowledged there was limited opportunity to address that concern after the fieldwork was complete.
The town said the First Nation did not expressly withdraw its earlier comments or separately confirm that the development could proceed. It said the First Nation did not identify additional archaeological work or other steps for the town to take before the Block 84 application moved forward.
The First Nation told The Lake Report it has no further comments on the Block 84 condominium application. It said the most meaningful way to address its concerns would be for the town to consult it on future development applications and give it opportunities to participate in and review archaeological assessments before planning approvals are issued.
The town said it supports earlier engagement with the First Nation through the planning process and will continue to consult it as Modero Estates advances where appropriate. Participation in archaeological fieldwork, or review of assessments outside the town’s planning process, would be coordinated directly with the developer, the town said.
Council formally adopted both items Sept. 22.
