Town of Fort Erie Community & Development Services

Our Focus: Your Future Prepared for: Council-in-Committee Report No.: CDS-08-08 Agenda Date: February 4, 2008 File No.: 350305– B14/07 & B15/07 FE Subject: DEVELOPMENT AGREEMENT FOR CONSENT APPLICATIONS J. L. WILLIAMS FUNERAL SERVICES LTD. 722 RIDGE ROAD NORTH, NORTH OF NIGH ROAD Roll Nos. 020012387000000 & 020024272000000 Recommendations:

THAT the Town hereby enter into a Development Agreement with J. L. Williams Funeral Services Ltd. subject to receipt of the final drawings to Town’s satisfaction; and

THAT the Mayor and the Clerk be authorized to execute the requisite documents.

Relation to Council’s 2007-2010 Corporate Strategic Plan

Priority: Development and Land Use Goal: Implementing Official Plan Policies Initiative: Ensure Sound Development

List of Stakeholders

J. L. Williams Funeral Services Ltd. The Corporation of the Town of Fort Erie

Prepared by: Submitted by: Approved by: Original signed by M. S. Amio, C.E.T. Coordinator, Development Approvals

Original signed by R. Mostacci, MCIP, RPP Director, Community & Development Services

Original signed by H. Schlange, MBA Chief Administrative Officer

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Purpose of Report The purpose of this report is to recommend the approval and entry into a Development Agreement with J. L. Williams Funeral Services Ltd. for the grading and servicing of new lots created by Consent, located on the north side of Nigh Road, east of Ridge Road. The remnant parcel is municipally known as 722 Ridge Road North, the present location of Williams Funeral Home. Background Consent Applications B14/07 and B15/07 were formally received from J. L. Williams Funeral Services Ltd. on June 18th, 2007 and granted conditional approval on July 12th, 2007 by the Town’s Committee of Adjustment, subject to Conditions of Consent as outlined in Schedule G of the Development Agreement. As a Condition of Consent, the Owner is required to enter into a Development Agreement with the Town for the grading and servicing of the newly created lots. Attached as Appendix “1” is a Location Plan of the proposed severance and Appendix “2” is the proposed Grading Plan for the newly created lots. Analysis Consent Applications B14/07 and B15/07 propose to create two new lots for future residential use, located outside the Town’s Urban Boundary. The remnant parcel which is municipally known as 722 Ridge Road North will continue to operate as Williams Funeral Home. There will be no municipal sewer and water to service these two (2) created lots, however, adequate private sewage disposal system will be required to service each lot under a Plumbing Permit at the Building Permit stage. An overall Storm Drainage Plan (Grading) has been submitted by the Owner for approval and currently under review by IS staff. A Ground Water Study was also conducted by the Owner as a requirement of severance in order to ensure that the future homes will not be adversely impacted by existing ground water levels in the area. Regional staff also reviewed the proposal and advised that the two created lots are partially covered by woodlot thereby the provisions of the Regional Forest and Tree Conservation By-law apply. A clause in the Special Provisions of the agreement has been included advising future owner(s) of these two lots that tree cutting should be minimized and is not permitted until a Building Permit is issued by the Town. Attached as Appendix “4” is Schedule “I”, Special Provisions of the agreement. Also attached is Appendix “3”, 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 one (1) year conditional approval period for these Consent Applications will not expire until August 2nd, 2008. All Conditions of Consent which include the entry of the Owner into a Development Agreement with the Town have to be fulfilled by the Owner prior to the issuance of Certificate of Consent by the Committee of Adjustment. The By-law authorizing the Town to enter into a Development 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 this property 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 By-law 129-90 and the Town’s requirements for Development Agreements. Comments from Relevant Departments/Community and Corporate Partners The servicing plans and the Development Agreement are being reviewed by the Town’s Infrastructure Services Department and the Community & Development Services Department. The Development Agreement will be provided to the Owner for his review prior to the adoption of implementing By-law. Notwithstanding some drainage issues yet to be addressed by the proponent to staff’s satisfaction, staff recommends that approval be granted but not to register the Development Agreement until the drawings are approved to the satisfaction of the Director of Infrastructure Services. Alternatives None recommended. 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” – Site Grading Plan Appendix “3” – Schedule "F”, Security and Financial Requirements Appendix “4” – Schedule “I”, Special Provisions

APPENDIX "1" TO ADMINISTRATIVE REPORT CDS-08-08 DATED FEBRUARY 4,2008

. . - Road

I Location Plan Application for Land Severance North Side of Nigh Road, east of Ridge Road North Ridgeway

I a Subject property Town of Fort Erie

Community 8 Development Services Februaly 4.2008 I

APPENDIX "3" TO ADMINISTRATIVE REPORT CDS-08-08 FEBRUARY 4,2008

SCHEDULE "F"

Security and Financial Requirements (Includes 10% Engineering, 10% Contingency and 5% GST)

ON-SITE PRIMARY SERVICES

OFF-SITE PRIMARY SERVICES Entrance Culvert & Granular Driveway

100% of OFF-SITE PRIMARY SERVICES

ON-SITE SECONDARY SERVICES General Lot Grading - Parts 2 & 3

50% of SECONDARY SERVICES

TOTAL CONSTRUCTION OF SERVICES

LOT GRADING DEPOSIT (2 Lots @ $200.00 per lot)

5% CASH IN LIEU OF PARKLAND DEDICATION

ENGINEERING, ADMINISTRATION and INSPECTION FEES [Calculated a t 4% of (3)]

DEPOSIT for TOWN LEGAL COSTS

SUMMARY

A. LETTER OF CREDIT REQUIREMENT

Total of (1) + (2) + (4)

B. CASH PAYMENT REQUIREMENT

Total of (5) + (6) + (7)

NONE

APPENDIX "4" TO ADMINISTRATIVE REPORT CDS-08-08 FEBRUARY 4 , 2 0 0 8

SCHEDULE "I"

Special Rovis ions

1. The Parties acknowledge that notwithstanding the definition of Primary Services in Paragraph 1.15 of the Agreement, there are no municipal sewer and water and streets or roadways required to be constructed within the lands described in Schedule "A" annexed hereto.

2. The Owner agrees to implement the recommendations of the Environmental Impact Study (EIS) prepared by Lisa Campbell, M.Sc., C.C.E.P., dated May 31, 2007 to the satisfaction of the Town of Fort Erie as outlined in Schedule "G", Conditions of Consent annexed hereto.

3. The Owner agrees that tree removal and site alteration should not take place in migratory bird habitat during the core breeding season, from May lst to July 23rd. If works must be conducted within breeding bird habitat during the identified core breeding season for migratory birds, a nest survey should be conducted by a qualified avian biologist immediately prior to commencement of the works to identify and locate active nests of species covered by the MBCA. A mitigation plan (which may include establishing appropriate buffers around active nests) should then be developed to address any potential impacts on migratory birds or their active nests, and reviewed by Environment Canada - Ontario Region prior to implementation.

4. The Owner acknowledges and agrees that the private sewage disposal system (septic system and raised tile beds), including the quality and size of imported soils to service the proposed dwellings within the newly created lots be designed and approved to the requirements of the Regional Niagara Health Services Department and the Town.

5. The Owner acknowledges and agrees that individual wells or cisterns for domestic water supply for the newly created lots shall be designed and constructed to the requirements of the Regional Niagara Health Services Department and the Town.

6 . Prior to the execution of this Agreement by the Town, the Developer shall have filed with the Town, a groundwater study prepared by a qualified professional to identify groundwater levels and flow on the lands confirming that effluent infiltration from private sewage treatment system will not negatively impact the ground water quality in the area and that groundwater level in the area will not adversely affect the proposed dwellings on the newly created lots.

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 Building Pennit 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 from the source, internal and external to this development.