Possibility of ponding, flooding discussed at NOTL tribunal hearing

Discussion about drainage and traffic was flowing through an Ontario Land Tribunal hearing regarding the proposed Rand Estates subdivision in Niagara-on-the-Lake Thursday. 

Koryun Shahbikian was on the virtual stand for a large portion of the final day of the third week of deliberations. He was discussing plans for a stormwater management pond and other measures related to drainage at the site where Solmar Development is proposing about 196 homes on the historic property in Old Town.  

Stewart Elkins, a transportation planning expert from Paradigm Transportation Solutions, also delivered evidence later in the day about how nearby roads and the heritage trail have been factored into plans.  

After delivering evidence, Shahbikian was cross-examined.  

Catherine Lyons, lawyer for Save Our Rand Estate (SORE), a grassroots organization fighting the planned development for many years, asked Shahbikian about software used by him and his colleagues to determine levels of surface water and where it’s coming from, as well as other drainage-related issues.  

Lyons asked if this work gives experts such as himself a “sense of pre-development condition,” to which he agreed, also concurring that it allows targets to be met.  

At 200 John St., also known as the panhandle, the developer is proposing its preferred access into the subdivision.  

Lyons and Shahbikian both agreed a new culvert would need to be built in that area to service the subdivision. Lyons said this would need to be filled in to still allow the road to be built in that area, but also to accommodate runoff from One Mile Creek.  

“There’s a couple of things you’ll need to achieve over there that are different than your work on the site,” said Lyons.  

One of those steps they agreed on is that the culvert would need to be built and sized properly to accommodate a 100-year storm, and so that the road doesn’t overflow during a major weather event.  

There was also talk of steps which also should be taken to make sure there is no ponding on the McArthur property, which is 210 John St.

Lyons pointed out that Shahbikian’s team used a model created by Niagara Peninsula Conservation Authority, which includes data from as far back as the mid-2000s. She asked him if things have changed since then.  

There is “not a significant change in terms of watershed discussion,” that should be of concern, the engineer told Lyons and the tribunal Thursday afternoon.  

Elkins took the stand late Thursday, also as a witness for Solmar.  

He outlined the plan for his evidence delivery, which he said would describe the area’s transportation network, such as roads and sidewalks.  

He also discussed a traffic impact assessment.  

He said the most recent study completed in 2022 was a followup to data collected in studies in 2017 and 2020. 

There are a couple of important factors that make this one more accurate, he said.  

The study completed in 2020 was taken with traffic data in March, but the 2022 study was completed in August. “There was a general feeling that’s not representative of the peak traffic volumes that are experienced in that area,” he said, referring to what was collected in March, before the town’s prime tourism season.  

A two per cent growth rate was also applied to the numbers from 2022, which Elkins said brings the data up to a 2024 level.  

Elkins said the area’s intersections, as well as the nearby heritage trail, have been properly analyzed through the most recent study, but also noted an additional study will be needed for Queen’s Parade and Niagara River Parkway.  

The tribunal does not meet again until Tuesday, April 30, when cross-examination of Elkins is expected to take place after he finishes delivering evidence.