Report Regarding a Pre-Servicing Agreement for the River Estates Draft Plan of Subdivision River Realty Development (1976) Inc. (File No.

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1 Report Regarding a Pre-Servicing Agreement for the River Estates Draft Plan of Subdivision River Realty Development (1976) Inc. (File No. 26T ) Executive Summary: The purpose of this report is to provide Council with information regarding a Pre-Servicing Agreement to permit the installation of primary services within the River Estates Draft Plan of Subdivision prior to final approval and registration of the final plan. Location: River Estates Draft Plan of Subdivision is located on the north side of Port Robinson Road, west of Rice Road (Regional Road 54), municipally known as 177 Port Robinson. The legal description of the subject parcel is Part Twp Lot 166 Thorold Part 1 Plan 59R-15499, Part 1 59R-12792, Part 1 59R-13882; subject to Easement over Part 1 59R as in SN153223; Pelham (refer to Figure 1). Figure 1: Location of the Subject Land

2 The proposed subdivision plan (refer to Figure 2) will provide for 124 single detached dwellings, 3 street townhouse dwelling units, and a high density residential block proposed for 142 dwelling units on a series of roadways, along with two park blocks and relocated watercourse. Figure 2: Draft Plan of Subdivision

3 Project Description and Purpose: The applicant proposes to commence construction of primary services, i.e. water mains, sanitary sewers, storm sewers and stormwater management facilities, creek relocation, utilities and roadways, of the proposed River Estates subdivision prior to the registration of the final plan. It is noted that the engineering design of these works has been reviewed and the appropriate approvals have been received, where necessary, by the Ministry of the Environment and Climate Change (MOECC), Region of Niagara, Niagara Peninsula Conservation Authority (NPCA), and the Town. The timing of the construction of the primary services also relates to the timing of the primary services for Phase 1B of the Village of East Fonthill subdivision. Policy Analysis: The policy analysis of this subdivision was reviewed at the time of draft plan of subdivision approval and the proposed subdivision is considered to comply with Provincial, Regional and Town policies, including the East Fonthill Secondary Plan, as it relates to residential development within an urban settlement area. At the time of draft plan approval, the subdivision also received zoning by-law amendment approval for the proposed residential development. No changes have been made to the draft plan of subdivision that would impact on the approved zoning for the development. The engineering design of the proposed subdivision has been reviewed against the East Fonthill Secondary Plan, the Town s Engineering Design Standards, and best practices of the MOECC and NPCA. Agency Comments: Planning staff circulated the submitted engineering design drawings to internal departments and external agencies for review and comment. In addition, the applicant s consultant circulated the design plans to the MOECC for the appropriate servicing design approvals. The drawings were revised in response to comments received in order to resolve concerns and/or issues identified during the review of the detailed design plans. At this time all issues have been satisfactorily addressed.

4 Public Comments: For Committee s information, the review of detailed engineering design and clearance of draft plan conditions is not a public process as it is an agreement between the developer and the Town; therefore, there are no notice requirements for servicing approvals of a draft plan of subdivision. Staff Comments: The purpose of this report is to provide Council with information regarding a request for a Pre-Servicing Agreement in advance of final approval and registration of the plan of subdivision known as River Estates. The Pre-Servicing Agreement will allow for the developer to begin to service the subdivision lands with primary services and to coordinate the construction of the services with requirements to service Phase 1B of the Village of East Fonthill subdivision. It is noted that half of Street A, being Summersides Boulevard, is located within the Village of East Fonthill subdivision along with a storm water management facility that services the northern portion of the River Estates subdivision. For this reason there is the need to coordinate the installation of primary services of River Estates with those of Phase 1B in the Village of East Fonthill subdivision. The developer of River Estates subdivision is responsible for their proportionate share of costs for this shared stormwater management facility and for Summersides Boulevard. At the same time, the stormwater management at the southern end of the River Estates subdivision and the storm sewer along Street E has been oversized to accommodate additional future development lands to the west. The developer will be paying for the costs of oversizing the stormwater facility and sewer and will receive a credit on their development charges in accordance with the approved Cost Sharing Agreement with the Town and developer that was approved in December The Town will then collect from the future developments to the west their respective proportionate share of costs attributed to the oversizing of the storm water management facility and storm sewer, along with the land costs for the additional land to accommodate the larger stormwater management facility. It is anticipated that final approval and registration of the River Estates subdivision will likely occur in August, however, there is urgency to begin with the construction and installation of primary services as the developer has sold all the residential lots to a local builder who is also eager to begin construction of the residential units and therefore the developer wishes to have a Pre-Servicing Agreement. Also, there is the need to coordinate the services with those of Phase 1B of the Village of East Fonthill subdivision.

5 However, it is noted that no building permits will be able to be received until the final plan is approved and registered and all the primary services are complete. It is anticipated that building permits will be sought in early fall after the final plan is registered and primary services are complete. At final approval of the River Estate subdivision, clearance from all commenting agencies will have been received and the subdivider s agreement will be presented to Council for approval. It is noted though, the Pre-Servicing Agreement deals with all matters related to the construction and installation of the primary services and all the necessary clearances from commenting agencies and approvals, where required, have been received. It is also noted that proceeding with the Pre-Servicing Agreement is at the developer s risk. Planning staff are of the opinion that the Pre-Servicing Agreement addresses the requirements for primary services and there is the opportunity to coordinate the construction and installation of primary services with those of Phase 1B of the Village of East Fonthill subdivision which is a benefit. The applicant has addressed Town comments and clauses requested by Town departments in the servicing design. Planning staff recommend that Council approve the by-law and enter into a Pre-Servicing Agreement with River Realty Development (1976) Inc. as it is consistent with PPS, 2014, conforms to Provincial plans and Regional and Local policies, and represents good planning. Prepared by: Julie Hannah, MCIP RPP, Planner Reviewed by: Barbara Wiens, MCIP RPP, Director of Community Planning and Development Alternatives: Council may choose to not approve the by-law and enter into the Pre-Servicing Agreement with River Realty Development (1976) Inc. Recommendation: BE IT RESOLVED THAT, Council receive this Department of Community Planning and Development Report for information as it pertains to application File No. 26T , River Estates Subdivision, municipally known as 177 Port Robinson Road; AND THAT, Council approve the by-law authorizing

6 the Mayor and Clerk to enter into a Pre-Servicing Agreement between the Town of Pelham and River Realty Development (1976) Inc.