Town of Fort Erie Community & Development Services Our Focus: Your Future

Prepared for: Council-in-Committee Report No.: CDS-108-07 Agenda Date: December 3,2007 File No.: 350308-0048.2

Subject

RIDGEWAY BY THE LAKE - PHASE 2 Subdivision Agreement and Pre-Servicing Approval South Side of Thunder Bay Road, East of Prospect Point Road

- Recommendations I THAT the Town enter into a Subdivision Agreement with Ridgeway Estates Limited

for Phase 2 of the Ridgeway by the Lake Subdivision; and

THAT the Developer be allowed to preservice the subdivision prior to the registration of the Subdivision Agreement subject to receipt of the final drawings, security deposit, cash payment, approvals, insurance certificate and letter of indemnification to the satisfaction of the Town; and

THAT a By-law be submitted to Council authorizing the Mayor and Clerk to execute the Subdivision Agreement and associated 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 I Ridgeway Estates Limited (Rob Mills, President) The Corporation of the Town of Fort Erie

Submitted by: Approved by:

@&&% Original signed

R. Mostacci, MCIP, RPP Director, Community & H. Schlange, MBA

vals Development Services Chief Administrative Officer

Community & Development Page 2 of 6 Report No. CDS -108-07 Services

The purpose of this report is to obtain Council's authorization to enter into a Subdivision Agreement with Ridgeway Estates Limited for the development of the Ridgeway by the Lake - Phase 2 Subdivision.

Background

Council approved Report No. CDS-127-05 on October 3,2005 which authorized the Town to enter into a Subdivision Agreement with the Developer for the construction of services for Phase 1 of the Ridgeway by the Lake (formerly New Haven Estates) Subdivision. The subdivision is located on the southeast quadrant of Prospect Point Road South and Thunder Bay Road. The Subdivision Agreement was registered on January 23,2006 as Instrument No. SN107433.

Phase 1 development consists of Lots 1 to 86 inclusive fronting onto Prospect Point South, Algonquin Drive, Spinnaker Drive and Sunrise Court including Blocks 87 and 88 for stormwater management purposes. Block 93 is the remnant parcel reserved for Phase 2 development. The Plan of Subdivision was registered on January 30th, 2006 as Plan 59M- 341.

1 Analvsis

Attached as Appendix "1" is a Location Plan outlining the general location of the Subdivision and Appendix "2" is the Ridgeway by the Lake - Phase 2 General Servicing Plan. Phase I construction of Primary Services was completed in 2006. Phase 2 servicing works include the extension of Sunrise Court serving as the main subdivision entrance from Thunder Bay Road, Street "A" as shown in the draft Subdivision Plan, 37 single family lots, 4 blocks of Townhouses (32 units), a Community CentreIPark Block and 3 Blocks for Storm DrainageITree Preservation purpose. Also included under Phase 2 is the submission of engineering and design drawings for the reconstruction of Thunder Bay Road to Town's urban standard, from Prospect Point Road South to Burleigh Road.

There will be three (3) separate subdivision plans (M-Plan) for the Ridgeway by the Lake Subdivision, one for each phase. Phase 1 was registered as Plan 59M-341, Phase 2 is being considered for development at this time and Phase 3 is currently in the concept stage for consideration at a later date. There is an existing Inhibiting Order registered against Phase 2 lands and will not be removed until staff is satisfied that all Town requirements associated with Phase 2 construction are completed to the satisfaction of the Town. This is similar to the process used in other subdivision developments in Town recently completed and registered.

All proposed municipal services to service Phase 2 including water distribution system, sanitary collection system and minor storm sewer will be designed and constructed to

Community & Development Page 3 of 6 Report No. CDS -1 08-07

Town's normal standard. The new watermain will be extended from the existing watermain along Sunrise Court to connect (loop) to the existing watermain along Thunder Bay Road. The sanitary sewer will discharge into the existing sanitary sewer along Algonquin Drive partially through an easement on Block 42 (Community CentreIPark) in favour of the Town and ultimately, into the Prospect Point Road sanitary sewer system. Minor storm drainage flows up to the 5-year storm event will be conveyed via a storm sewer system to discharge to the existing SWM facility constructed under Phase 1, located at the southwest boundary of the Subdivision. This existing SWM detention facility is a combined quantity and quality facility. Stormwater flow will be treated and controlled to pre-development level at the detention facility prior to discharge to the existing storm sewer installed under the Ridgeway Shores development. This storm sewer ultimately discharge to Lake Erie. Internally, major storm drainage flows will be via overland using the roadway system, to discharge partly to the existing watercourse running north-south within the subdivision and to the lands to the east for Phase 3 (existing Golf Course lands) and to the SWM facility.

As a condition of Draft Plan Approval, Thunder Bay Road frontage across the subdivision lands is to be upgraded to Town's urban standard with curb and gutter and sidewalk. During the review process of the engineering submissions, Infrastructure Services (IS) Staff identified some horizontal and vertical alignment issues that may be best addressed with the full segment road upgrade of Thunder Bay Road from Prospect Road to Burleigh Road as opposed to piecemeal reconstruction originally included in Ridgeway by the Lake Phase 2 development. IS therefore recommends that the reconstruction of Thunder Bay Road from Prospect Point Road to Sunrise Court be deferred until the adjacent lands are developed and the entire roadway from Prospect Road to Burleigh Road be upgraded as a single project.

To ensure compatibility with the proposed servicing of the development, the design of the road reconstruction will be included in the Engineering submission for Phase 2 of the Ridgeway by the Lake development. The Town shall be responsible for the design and engineering costs associated with the reconstruction of Thunder Bay Road from Prospect Point Road to Burleigh Road to an upset limit of $8,000.00 as shown in Schedule "F" attached herein. As an interim measure, the Developer will be required to upgrade the intersection of Sunrise Court extension with Thunder Bay Road to match existing conditions.

The Environmental Advisory Committee (EAC) was provided a copy of the Ridgeway-by- the-Lake Tree Preservation Plan (TPP) in order to provide advice to staff who review and approve the Tree Preservation Plan. The EAC reviewed the TPP on the basis of the Environmental Impact Study (EIS) and protection of the old oak trees already being considered by the Council-approved Draft Plan of Subdivision and Zoning By-law Amendment, thus establishing the limited base line for the Tree Preservation Plan.

Through discussions on the Tree Preservation Plan a positive communication framework was established with the Developer, specifically regarding the following:

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The Developer is agreeable to members of the Committee, working with his consultants on identifying possible transplanting species and locations. In this regard, the Developer's Forester has identified with the assistance of the EAC Chairperson, several younger oak trees in the vicinity of the old oak tree grove for transplanting to the rear of the lots along Thunder Bay Road and in the area of trees to be protected for the proposed Community CentreIPark. This is significant in protecting the genetic stock of the oak trees.

The Developer indicated that he was eager to cut within the proposed road allowances to assist in identifying species for transplanting while transplanting opportunities were still available.

The Developer indicated that the old oak trees will not be removed at this stage. Although it is unlikely that any can be spared, he stated that once the proposed roads have been cleared and he can see what they are working with, the issue will be re-visited.

The Developer has been cooperative with respect to the tree preservation issue but has not made any specific commitment or is not, as Staff understands it, obligated to protect any of the old oak trees.

In order to ensure Developer's compliance to the approved Tree Preservation Plan, Staff recommends that an additional security for Tree Preservation Plan Compliance be included in Schedule "F" of the Agreement, in the amount of $200.00 per lot ($13,800.00 for the Subdivision). In addition, a Certificate of Compliance from the Developer's Engineer and a Clearance Letter from the Region be submitted as additional requirements for the issuance of the Completion Certificate of Primary Services by the Town. This will be a standard requirement for all new developments, either by a Plan of Subdivision or through the Consent process.

Subject to final registration of the Subdivision Agreement and the subsequent clearing of Conditions of Draft Plan Approval by other agencies, CDS staff is now in a position to recommend the final approval of Phase 2 of the Ridgeway by the Lake Plan of Subdivision as the Developer has substantially addressed the conditions of Draft Plan Approval. In the interim, between finalizing the Subdivision Agreement and getting it signed and registered, staff is recommending that the Developer be allowed to pre-service Phase 2 of the Ridgeway by the Lake Subdivision subject to the following pre-servicing requirements:

1. A Letter of Credit received from the Developer in the amount of $912,110.00 representing 100% of the estimated construction costs of Off-Site Primary Services, 15% of the estimated construction costs of On-Site Primary Services, 120% of the estimated construction costs of Secondary Services and other required deposits;

2. A Liability Insurance in the amount of $2,000,000.00 from the Developer be taken out, naming the Town of Fort Erie as co-insured;

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3. A cash payment made to the Town of Fort Erie in the amount of $152,283.00 for cash-in-lieu of parkland dedication, Town administration fees, street & traffic signs, legal expense deposit, etc.; and

4. A letter from the Developer indemnifying the Town of Fort Erie from risk be submitted.

Attached as Appendix "3" is Schedule "F" outlining the security and financial requirements from the Developer to guarantee all services in Phase 2 and Schedule "I", Special Provisions as Appendix "4", both for inclusion in the overall Subdivision Agreement.

1 FinanciallStaffing Implications I All costs including administrative and legal costs associated with the development of this Plan of Subdivision is the responsibility of the Developer.

The Developer is required to provide securities in the form of a Letter of Credit to ensure that all of the works are completed to the satisfaction of the Town.

I Policies Affecting the Proposal I 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, Comprehensive Zoning By-law 129-90 and the Town's requirements for subdivisions

Comments from Relevant DepartmentslCommunity and Corporate Partners I The engineering drawings, reports and securities have been reviewed by the Town's Infrastructure Services Department and minor servicing issues are yet to be resolved. The draft Subdivision Agreement along with the security requirements will be provided to the Developer for its review. Staff will be finalizing the Subdivision Agreement and through the Clerk's office, a By-law will be prepared authorizing the Town to enter into a Subdivision Agreement with the Developer.

The Subdivision Agreement will not be registered until the Developer addresses all the outstanding issues to staff's satisfaction.

I Alternatives

None applicable.

Community & Development Page 6 of 6 Report No. CDS -108-07 Services

I Conclusion I

In order to permit the construction of services within Phase 2 of the Ridgeway by the Lake Plan of Subdivision, Council must adopt a By-law authorizing the Mayor and the Clerk to execute the Subdivision Agreement and any requisite documents.

The Inhibiting Order registered against all the Lots in Phase 2 will not be lifted until the Town approves the Completion Certificate for Primary Services associated with Phase 2 construction.

[Attachments 1 Appendix "1 l1 - Location Plan Appendix "2" - General Servicing Plan Appendix "3" - Schedule "F", Security and Financial Requirements Appendix "4" - Schedule "I", Special Provisions Appendix "5" - Draft M-Plan

APPENDIX "2" TO REPORT CDS-108-07 DECEMBER 3, 2007

APPENDM "3" TO ADMINISTRATIVE REPORT CDS- 108-07 DECEMBER 3,2007

SCHEDULE "F"

Securitv and Financial Requirements (Includes 10% Engineering, 10% Contingency and 6% GST)

OFF-SITE PRIMARY SERVICES Interim Roadworks - Intersection Storm Drainage Watermain Connection to Existing on Thunder Bay Road Streetlighting

100% of Off-Site Primary Services

ON-SITE PRIMARY SERVICES Roadworks to Base Course Asphalt Sanitary Sewer System and Services Storm Sewer and Services Water Distribution System Electrical Distribution and Streetlighting System

15% of On-Site Primary Services

OFF-SITE SECONDARY SERVICES 40mm HL3 Surface Course Asphalt Concrete Sidewalk Asphalt Driveway Aprons Grading and Sodding of Boulevards

120% of On-Site Secondary Services

ON-SITE SECONDARY SERVICES 40mm HL3 Surface Course Asphalt Remove Asphalt Curb & Replace with CC&G Concrete Sidewalk Asphalt Driveway Aprons Grading and Sodding of Boulevards 1.5m Black Vinyl Coated Chain Link Fence Board on Board Fence for Reverse Frontage Lots

120% of On-Site Secondary Senrices

TOTAL CONSTRUCTION OF SERVICES

SCHEDULE "F" (Contyd.l

SUBDIVIDER'S GRADING DEPOSIT

TREE PRESERVATION PLAN COMPLIANCE DEPOSIT

TREE PLANTING DEPOSIT (87 trees @. $500.00 each)

ENGINEERING, ADMINISTRATION and INSPECTION FEES [Calculated at 3.0% of (5)]

5% CASH IN LIEU OF PARKLAND DEDICATION

STREET, TRAFFIC & INFORlVlVlTION SIGNS (installed by Town)

a) 3 "stop sign" @ $ 150.00 each b) 3 "street sign" @ $200.00 each

TOTAL - STREET and TRAFFIC SIGNS

DEPOSIT FOR LEGAL EXPENSES

PROCESSING FEE - REGISTRATION OF PLAN OF SUBDIVISION

TOWN COST SHARING

lote: AU individual cost sharing values as noted in this Schedule are maximum values. The Developer shall submit itemized statements of expenditures to the Director of Infrastructure Services for approval prior to receiving Town's contribution. Works not completed to Town's approval would not be subject to cost sharing.

Design - Thunder Bay Road Reconstruction $8,000

UPSET LIMIT of COST-SHARING by t h e TOWN

SUMMARY:

A. LETTER OF CREDIT REQUIRED

Total of (1) + (2) + (3) + (4) + (6) + (7) + (8)

B. CASH PAYMENT REOUIRED

Total of (9) + (10) +(11) + (12) + (13)

C. T O W ' S TOTAL COST-SHARING

Total of (13)

APPEND= "4" TO ADMINISTRATIVE REPORT CDS-108-07 DECEMBER 3 , 2 0 0 7

SCHEDULE "H"

Special Provisions

1. The Developer shall pay the sum of $87,500.00 representing payment of cash in lieu of a 5% parkland dedication based upon the estimated value of the lands within the Plan at $30,000.00 per single family lot and $20,000.00 per multiple family (townhouse) lot. The said sum shall be paid by the Developer to the Town at the time of the execution by it of this Agreement and prior to the execution of this Agreement by the Town.

2. Prior to registration of this Agreement by the Town, the Developer shall file with the Director of Community and Development Services, an Ontario Land Surveyor's Certificate verifying all Lots as laid out on the proposed Plan of Subdivision meet or exceed the minimum Lot area and Lot frontage provisions of the Town Zoning By-Law.

3. The Developer acknowledges and agrees that all Offers to Purchase and Agreements of Purchase and Sale negotiated prior to registration of the Plan of Subdivision shall contain a clause clearly indicating that "sanitary sewer sewicing allocations for this subdivision will not be assigned by the Region until the Plan of Subdivision is granted jinal approval for registration".

4. The Developer shall carry out or cause to be carried out all stormwater management techniques and works including re-vegetating all disturbed areas and maintaining erosion and sediment control to the satisfaction of the Town of Fort Erie, the Regional Niagara Planning & Development Department, the Regional Niagara Public Works Department and the Niagara Peninsula Conservation Authority (NPCA) in accordance with the Ministry of Environment documents entitled "Stormwater Management Planning and Design Manual", March 2003, and "Stormwater Quality Guidelines for New Development", May 199 1.

5 . The Developer shall be responsible for testing, removal and disposal of sediments within all catchbasins and the Stomwater Management Facility as per the MOE Regulations or guidelines prior to assumption of Primary Services and Secondary Services by the Town. The Developer shall provide a Certificate of Analysis for the sediments prior to removal and disposal.

6. The Developer acknowledges and agrees to obtain approval and/or permit from the Niagara Peninsula Conservation Authority or the Federal Department of Fisheries and oceans for alteration to a watercourse and/or culvert installation in accordance with the Fill, Construction and Alteration to Waterways Regulation (0. Reg. 99/91 as amended by 0. Regs. 266/92 and 508/94).

7. Prior to the execution of this Agreement by the Town, the Developer shall have filed with the Town a Geotechnical Study prepared by a qualified engineer verifyrng the soil bearing capacity, recommending appropriate sewer pipe design, bedding & backfill and roadway design is to the satisfaction of the Town.

8. The Developer acknowledges and agrees to implement the mitigation measures recommended in the Environmental Impact Statement (EIS) prepared by L. Campbell & Associates dated September 2005 and supported by the New Haven Estates EIS Addendum letter dated February 20, 2006.

9. The Developer acknowledges and agrees to prepare and implement the Tree Preservation Plan (TPP) as approved by the Town of Fort Erie and the Regional Municipality of Niagara and that tree removal and site alteration shall not take place until Phase 2 of the Ridgeway by the Lake development is approved for site servicing by the Town.

10. The Developer acknowledges that tree removal and site alteration should not take place in migratory bird habitat during the core-breeding season, from May 1st until 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 identlfy and locate active nests of species covered by the MBCA. A mitigation plan, including establishing appropriate buffers around active nests, should be developed to address any potential impacts on migratory birds or their active nests, and reviewed by Environment Canada - Ontario Region prior to implementation.

11. The Developer agrees that the Developer's EIS Consultant shall flag the Tree Preservation areas in the field and ensure proper protection measures (fencing) are in place and monitor that site clearing is taking place in accordance with the approved TPP.

12. The Developer acknowledges and agrees that tree cutting in the Naturalization and Tree Preservation Areas as identified in the TPP, particularly the areas along the back of individual lots within Blocks 43, 44, 45 and 46, is to be protected and cutting can only occur as outlined in the TPP.

13. The Developer acknowledges and agrees that the following Warning Clause and/or Restrictive Covenant be registered on title against Lots 3 ,4 , 5 ,6 , 7, 8, 15, 16, 17, 30, 37 and Block 4 1 in the Plan of Subdivision:

'Xllpersons intending to acquire an interest in the real property by purchase or lease on Lots 3, 4, 5, 6, 7, 8, 15, 16, 1 7, 30, 37 and Block 41 in the Plan of Subdivision are advised of the existence of Tree Preservation and Tree Plantings within Blocks 43, 44. 45 and 46. Prospective property owners or dwellers acknowledge and agree not to alter the grades or remove trees or other vegetation from these Blocks unless agreed to in writing by the Town of Fort Erie to such alteration or removal."

14. A s part of the Tree Preservation Plan, the Developer agrees that within Blocks 43, 44 and 45, invasive species Like buckthorn will be sprayed (only way to remove) and wild grapes will be removed in order to make room for more significant species

like Silver Maple to mature in these areas and several vines of Bitter Sweet (Provincially Rare) shall be flagged for preservation.

15. The Developer agrees that the Developer's Consultants work with representatives of the EAC in determining appropriate species for transplanting to areas of protection.

16. The Developer shall construct and install, at his sole cost, all plantings, fencing and landscaping features within Blocks 43, 44, 45 and 46 on the draft Plan of Subdivision in accordance with the approved plans to the satisfaction of the Town.

17. The Developer acknowledges and agrees to enter into an agreement with Canadian Niagara Power Inc. (CNPI) with respect to the design and installation of electrical facilities and street lighting and to provide CNPI with a construction schedule and a complete set of drawings including the final plan of subdivision and the servicing plans showing all grading and drainage, all storm and sanitary sewers, all water lines and all road, curb and sidewalk construction including road cross sections.

18. Phasing of the Subdivision as approved by the Town shall be subject to the following conditions:

(a) This agreement only applies to Phase 2 of the Ridgeway by the Lake, Plan of Subdivision.

(b) Any external primary services and works associated with the entire development including any improvements to the existing Stormwater Detention and Quality Facility shall be completed as part of Phase 2 construction of the subdivision.

(c) The existing Inhibiting Order for the Phase 2 lands will remain in place until all conveyances required under Phase 2 are completed and the Director of Infrastructure Services issues the Completion Certificate for Primary Services for Phase 2 lands.

19. The following warning clause regarding Lots l ,30 to 37 inclusive and Block 4 1 on the draft Plan of Subdivision shall hereby be registered on title to the lands:

"All persons intending to acquire an interest in the real property by purchase or lease on Lots 1, 30 to 37 inclusive and Block 41 in the subdivision are advised of the future reconstruction of Thunder Bay Road to urban standard including the installation of municipal sewices and that normal activities associated with construction such as dust, noise, temporary disconnection of services, access difficulties, etc. may cause inconvenience or nuisance to prospective dwellers."

20. Notwithstanding the requirement of Sub-paragraph 9.17(b) of the Subdivision Agreement, the Developer shall be responsible for tree plantings and tree maintenance within the road allowance of the subdivision as guaranteed by the Letter of Credit, in accordance with the agreement and to the satisfaction of the Director of Infrastructure Services.

21. The Developer agrees to provide fencing and tree planting along the easterly boundary of the subdivision to the satisfaction of the Regional Planning Department.

22. The Developer shall carry out all and any additional temporary works necessitated by the phasing of construction of the Subdivision as directed by the Town.

23. The following warning clause regarding all the lots within the subdivision shall hereby be registered on title to the lands:

"A11 persons intending to acquire an interest in the realproperty by purchase or lease on this development are advised of the presence of Naturalization and Tree Preservation Areas, Natural Watercourse and a Stomwater Management Facility which will be subject to stomwater flows and periodic flooding due to seasonal rainfall and snowmelt. Portions of these lands may be impacted by fast flowing water, ponding, insect and animal habitat and odours associated with their preservation and designed use."

24. 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".

25. The Developer acknowledges and agrees that all Offers to Purchase and Agreements of Purchase and Sale shall contain a clause clearly indicating that "the Developer shall be responsible for installing paved driveway aprons from the curb to the sidewalk and in the absence of a sidewalk, from the curb to the property line".

26. The Developer acknowledges and agrees that all Offers to Purchase and Agreements of Purchase and Sale shall contain a clause clearly indicating that "public sidewalk construction at the Developer's expense shall be in accordance with the terms of the Subdivision Agreement and the approved plans on file at the Town Hall".

27. The Developer acknowledges and agrees to front-end the design of Thunder Bay Road, from Prospect Point Road to Sunrise Court to an urban cross section and to upgrade the intersection of Sunrise Court and Thunder Bay Road as an interim measure in accordance with the approved drawings. The Town shall contribute to the design of Thunder Bay Road to an upset limit of $8,000.00 based on the estimated design cost as outlined in Schedule "F" herein.

28. The Town shall pay the Developer its design contribution upon receipt of the approved drawings and the fee schedule from the Design Engineer and upon registration of the Subdivision Agreement. The Town's contribution may be adjusted to reflect actual design costs.

29. The Developer agrees to provide a drainage easement in favour of the Town for access and maintenance of an overland flow route in, across, over or under the

lands east of the Lands (existing Golf Course lands) to an approved outlet as described in Schedule "C" herein.

30. The Developer shall make arrangements satisfactory to the Town of Fort Erie, Bell Canada, Enbridge Gas and other Public Utilities including Cable TV, for the provision of underground utility services, internal and external to this development.

3 1. All references to Lots and Blocks in this Agreement are to be the preliminary Plan of Subdivision (Plan 59M) prepared by William A. Mascoe Surveying Ltd., File No. 8226, dated November 6, 2007 and stamped received by Community & Development Services on November 22, 2007.

APPENDIX "5" TO REPORT CDS-108-07 DECEMBER 3, 2007