THAT the Town enter into a Development Agreement with Mark Anthony Pugh and Margaret Elizabeth Pugh; and

Transcription

1 Town of Fort Erie Community & Development Services Our Focus: Your Future Prepared for: Council-in-Committee Report No.: CDS Agenda Date: December 11, 2006 File No.: B16-B18/06 FE Subject: DEVELOPMENT AGREEMENT FOR CONSENT APPLICATIONS B16/06 FE, B17/06 FE and B18/06 FE NEVA ROAD and SHIRLEY ROAD SEVERANCES MARK & MARGARET PUGH NEVA ROAD and SHIRLEY ROAD, NORTH OF THUNDER BAY ROAD Recommendations: THAT the Town enter into a Development Agreement with Mark Anthony Pugh and Margaret Elizabeth Pugh; and THAT the Mayor and the Clerk be authorized to execute the requisite documents. List of Stakeholders: Mark Anthony Pugh Margaret Elizabeth Pugh The Corporation of the Town of Fort Erie Prepared by: Submitted by: Approved by: M. S. Amio, C.E.T. Development Coordinator R. Mostacci, MCIP, RPP Director, Community & Development Services H. Schlange, MBA Chief Administrative Officer /ma

2 Community & Development Services Report No. CDS Page 2 of 4 Purpose of Report The purpose of this report is to recommend the approval and enter into a Development Agreement with Mark Anthony Pugh and Margaret Elizabeth Pugh for the servicing of four lots created by Consent, located on the east side of Neva Road and west side of Shirley Road, north of Thunder Bay Road. Background Consent Applications B16/06 FE to B18/06 FE were formally received from Mark Anthony and Margaret Elizabeth Pugh on March 2 nd, 2006 and granted conditional approval on March 23 rd, 2006 by the Town s Committee of Adjustment. The approval granted to these Consent Applications are subject to Conditions of Consent as outlined in Schedules G-1, G-2 and G-3 of the Development Agreement. As a Condition of Consent, the Owners are required to enter into a Development Agreement with the Town for the provision of municipal services to service the newly created lots. Attached as Appendix 1 is a Location Plan of the proposed development and the approved Grading & Servicing Plan as Appendix 2, showing how the newly created lots are to be serviced and drained/graded. Analysis Attached as Appendix 3 is Schedule I, Special Provisions of the Agreement which includes the requirement for registration of an Inhibiting Order against the Lands until the Completion Certificate is issued by the Director of Infrastructure Services. Also attached as Appendix 4 is Schedule F, Security and Financial Requirements, outlining the security and cash requirements on this development created by Consent. These Schedules together with the Town s standard Development Agreement will formulate the final agreement. The servicing requirements for these four lots (including the remnant parcel) will be to Town s normal standard. Municipal sanitary sewer and watermain are available along Neva Road and Shirley Road to service the lots fronting the two roads. Connection Permits for sanitary sewer, storm sewer and water services will be required by the Owner from the Town s Infrastructure Services Department. There are no storm sewers on Neva Road nor Shirley Road and the existing roads are to rural standards with shoulders and ditches. Storm drainage outlet for these lots will be to the existing roadside ditches via common rear and side yard swales. The two corner lots (Lots 1 and 2) flanking Evadere Avenue will be serviced with storm service connections from the existing 600mm diameter storm sewer on Evadere Avenue and foundation drains for Lots 3 and 4 will be via sump pumps to discharge on grade. With the uncertainty of future driveway locations for the new lots, though shown on the plan, Staff recommends

3 Community & Development Services Report No. CDS Page 3 of 4 that culverts and paved driveway entrances be classified as secondary services for the purpose of the Development Agreement. The one (1) year conditional period for this Application for Consent is to expire on March 22, This one year window will allow the Owner to satisfy the Conditions of Consent which include, but not necessarily limited to the following: Cash in lieu of parkland dedication Providing Grading Plan Development Agreement for servicing requirements Tree Plantings The By-law authorizing the Town to enter into an agreement with the Owner will be forwarded to Council for approval and subsequently, the final agreement and requisite documentations will be forwarded to the Mayor and Clerk for execution. Financial/Staffing Implications All administration and legal cost associated with the development of these lots are the responsibility of the Owner. Policies Affecting the Proposal The lands are being developed in accordance with the applicable policies contained in the Planning Act, R.S.O. 1990, the Town s Official Plan, the Comprehensive Zoning Bylaw and the Town s requirements for development agreements. Comments from Relevant Departments/Community and Corporate Partners The drawing(s) have been reviewed and approved by the Town s Infrastructure Services Department. The Agreement will be provided to the Owners for their review prior to the adoption of implementing By-law. Alternatives N/A

4 Community & Development Services Report No. CDS Page 4 of 4 Conclusion In order to permit the Consents to proceed, Council must adopt a By-Law authorizing the Mayor and the Clerk to execute the Development Agreement and requisite documents. Subsequently, the Development Agreement will be registered against the Lands. Attachments Appendix 1 Location Plan Appendix 2 Grading and Servicing Plan Appendix 3 Schedule F, Security and Financial Requirements Appendix 4 Schedule I, Special Provisions

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7 APPENDIX 3 TO ADMINISTRATIVE REPORT CDS DECEMBER 11, 2006 SCHEDULE "F" ON-SITE PRIMARY SERVICES NONE OFF-SITE PRIMARY SERVICES Fire Hydrant and Water Services $5,900 Sanitary Sewer Services $5,900 Storm Service Connections $1,680 $13, % of OFF-SITE PRIMARY SERVICES $13, (1) ON-SITE and OFF-SITE SECONDARY SERVICES Driveway Culverts, Granular A Base & Paving $6,410 Rear Yard Swales including Topsoil & Sodding $1,260 $7, % of SECONDARY SERVICES $9, (2) TOTAL CONSTRUCTION OF SERVICES $21, (3) LOT GRADING DEPOSIT (3 $ per lot) $ (4) 5% CASH IN LIEU OF PARKLAND DEDICATION $4, (5) ENGINEERING, ADMINISTRATION and INSPECTION FEES $ (6) [Calculated at 4% of (3)] TREE PLANTING RESERVE (5 $ per tree) $1, (7) DEPOSIT for TOWN LEGAL COSTS $2, (8) SUMMARY A. LETTER OF CREDIT REQUIREMENT Total of (1) + (2) + (4) $23, B. CASH PAYMENT REQUIREMENT Total of (5) + (6) + (7) + (8) $8, Security and Financial Obligations (Includes 10% Engineering, 10% Contingency and 6% GST)

8 APPENDIX 4 TO ADMINISTRATIVE REPORT CDS DECEMBER 11, 2006 SCHEDULE "I" Special Provisions 1. The Parties acknowledge that notwithstanding the definition of Primary Services in Paragraph 1.15 of the Agreement, there are no municipal streets and roadways required to be constructed within the lands described in Schedule A annexed hereto. 2. All new homes constructed shall be equipped with water meters at the sole expense of the Owner. 3. The Developer acknowledges and agrees that all Offers to Purchase and Agreements of Purchase and Sale shall contain a clause clearly indicating that all building roof downspouts within this subdivision shall discharge only to ground surface via splash pads to either side or rear yards, with no direct connection to the storm sewer or discharge directed to the driveway or roadway. 4. The Owner acknowledges and agrees that all Offers to Purchase and Agreements of Purchase and Sale shall contain a clause clearly indicating that the Owner shall be responsible for installing paved driveway aprons from the existing edge of asphalt to the property line. 5. Prior to making any connections, if required, to existing municipal services the Owner shall submit to the Town, completed Connection Permit applications and applicable fees for connection to existing sewer or water mains. No connection shall be made until the Connection Permits are approved by the Town s Infrastructure Services Department. 6. An Inhibiting Order shall be registered on title to the Lands prohibiting the further dealings with the Lands until such time as the Owner, b) completes all primary services to the satisfaction of the Director of Planning and/or Public Works; and c) obtains Certificate of Consent from the Secretary-Treasurer of the Town s Committee of Adjustment. 7. A Development Charge as may be in effect at the time of the issuance of a Building Permit for the lots to be created shall be paid by the

9 Building Permit applicant to the Town in the amount and under the conditions set out by the Town's Development Charges By-Law. 8. The Owner shall make arrangements satisfactory to Bell Canada, Consumers Gas and other Public Utilities, and the Town for the provision of underground utility services, internal and external to this development.