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Report to Council Report to Council To: Mayor Linton and Members of Council Report: PLN2020-07 Prepared By: Brett Salmon, Managing Director of Date: 29 Jun 2020 Planning and Development RE: Service Financing Agreement and Subdivision Agreement for Phase 1 of Draft Plan of Subdivision 23T-15001 Recommendation: THAT the Council of the Township of Centre Wellington authorize the Mayor and Clerk to execute a Subdivision Agreement and a Service Finance Agreement between the Corporation of the Township of Centre Wellington and Haylock Farm LTD Summary: Draft Plan 23T-15001 was draft approved by the Local Planning Appeal Tribunal. The draft plan is subject to a number of conditions of approval, including the requirement for a service financing agreement and a subdivision agreement. Report: Draft plan of subdivision 23T-15001 received the approval of the Local Planning Appeal Tribunal (LPAT) through a decision dated July 25, 2018 and an Order dated January 8, 2019. The approved draft plan of subdivision provides for the division of the land into lots and blocks to accommodate between 317 and 469 dwelling units, as well as blocks storm water management, active and forpassive parkland, trail corridors, and pedestrian walkways. The LPAT Order sets out a total of 47 draft approval conditions that incorporate the requirements of the Township, the County, the Grand River Conservation Authority, and the Upper Grand District School Board. It is through the provisions of a subdivision agreement that the Township ensures that the Developer completes the subdivision in accordance with the draft approval conditions required by the Township. The GRCA and the Upper Grand District School Board also rely on the municipal subdivision agreement to ensure its conditions are implemented. The draft approval conditions contemplate that the development will proceed in two phases. The developer has submitted detailed plans in support of the preparation of a subdivision agreement for the first phase of the subdivision (Phase 1). Phase 1 consists of a total of 175 units, including single detached dwellings with a range of lot sizes, and a cluster townhouse block of 31 units. The number of units is less than the maximum of 202 units shown on the draft plan for Phase 1. Please note that although this draft plan of subdivision was considered simultaneously with a draft plan of subdivision (23T- 15003) on adjacent land, this subdivision agreement pertains only to the first phase of draft plan 23T-15001 and any subdivision agreement with respect to plan 23T-15003 will proceed separately. The proposed subdivision agreement uses the Township's long standing template agreement that has been used for all other recent subdivisions, which has been updated over time. Special requirements that are unique to this development are set out in Schedule C of the agreement. These are the result of particular conditions of approval based on the technical studies completed as part of the development. Some of these are summarized below: Groundwater Monitoring: The draft approval conditions incorporate special provisions related to groundwater monitoring and to ensure that private wells are not impacted by the development. The developer has completed a groundwater management plan that has been reviewed by the Township's consulting hydrogeologist. In addition, the agreement contains provisions that require the development to monitor nearby private wells and to post securities to ensure that any well interference complaints are addressed. The monitoring is to continue for two years after preliminary acceptance of the municipal services has been granted. Street Naming: Approval of the proposed street names is referenced in the subdivision agreement. All of the proposed street names are names of war dead in accordance with however,streetTownshipthepolicy,"Haylock name Avenue"also proposed.is Township staff have no objection to this request and exceptions have been made in other subdivisions including Granwood and Swan Creek. Tree Inventory and Replacement: The draft approval conditions require the developer to prepare an inventory of existing trees, to assess their condition, to identify trees to be retained and protected during construction, and to identify those requiring removal. The required inventory has been submitted and reviewed by the Township's consulting Manager.Urbanwelleourasascologist/arborist Project valueTheof Forestry replacement trees has been established and the landscaping plans will provide for replacement trees within the storm water management area and other municipal land within and adjacent to the subdivision, including the parks and trail linkages. In addition, draft approval also conditions required the the preparation of an Environmental Implementation Report (EIR). The subdivision agreement requires the developer to implement the recommendations of the EIR. Neighbourhood Design: The subdivision agreement implements the draft approval condition requiring the creation of Community Design Guidelines for the neighbourhood. The developer will be required to engage a "control architect" to ensure that the individual building plans for each lot are consistent with the guidelines. The Community Design Guidelines will also be applied to any blocks that are subject to site plan approval. Parkland Development: The subdivision agreement notes that the Township and the developer are contemplating the preparation of a parkland agreement that will result in the developer constructing the two parks within the subdivision. Service Financing Agreement The development of the subdivision requires the extension of municipal services as well as the construction of a storm sewer which results in the reconstruction of a portion of RiverRoadstormandunopenedwithinCeciliaaStreetthe South sewer road allowance. The developer is responsible for financing 100% of the cost of the storm outlet and the extension of municipal sewer and water services. However, the cost of upgrading South River Road is a growth related cost and is included in the Township's current development chargesby -law. agreementTherefore to providefor the an developer to initially fund the construction and to be repaid the growth related costs through DC credits as development proceeds is required. There is no direct Township contribution to the financing of the infrastructure. Corporate Strategic Plan: Healthy Growth Financial Implications: Developer is responsible for the initial funding of all infrastructure associated with this development. Consultation: Senior Management Team Attachments: ● Haylock_KeyMap_iCompass ● 2020.06.05 Haylock Service Finance Agreement v.11.2 ● Haylock Ph. 1 Sub Agreement FINAL June 15 2020 Approved By: Andy Goldie, Chief Administrative Officer t d S R d e n W i el r a l i r l t ng t ill S t East M o e r n R N I C H O L e d G 18 K C h a Gr p Extension of storm sewer an e d R l iv S t er t S a i l i Extension of municipal services c e C Water St E l o r a Cu G tting Dr ilk is on So C uth lo Rive se r Rd Dickinson Crt t S n a rl a G York St E t Draft Plan S d l a n o 23T-15001 R M Draft Plan urr ay Dr 23T-15003 t S n o s i k l S i pencer Dr G e n a d L R e s i d n l t n o i S n F y y e e l R a Stafford St e H N I C H O L McGowan St 0 250 500 m Service Financing Agreement – Haylock Subdivision Page 1 of 27 SERVICE FINANCING AGREEMENT THIS AGREEMENT made and effective as of the day of 2020. BETWEEN: THE CORPORATION OF THE TOWNSHIP OF CENTRE WELLINGTON (the “Township”) and HAYLOCK FARM LTD. (the “Developer”) WHEREAS: I. The Developer is the registered owner of the lands described in Schedule “A” to this Agreement, known as the “Haylock Subdivision”, which the Developer proposes to service and develop in phases; II. The Developer is the developer of certain lands described in Schedule “A” hereto, and received approval of a draft plan of subdivision (the “Development”); III. The development of the Haylock Subdivision requires: (i) The construction, installation and provisions of certain works, facilities and services including works on South River Road and the Cecilia Street Right-of-Way, identified in Schedules “B” attached hereto (the “Offsite Works”) a portion of which are road works and related storm sewers that are services which are growth-related (the “Growth-related Works”) and to which Township’s Development Charge By-law No. 2018-40 (the “DC By- law”) therefore relates; and (ii) Other local services as identified in the Subdivision Agreement between the parties of even date herewith. IV. The works, facilities and services described in Schedules “B” would not, except for the terms of this Agreement, be undertaken by the Township in the near future; V. In considering the Developer’s request to secure the servicing of the development, the Township has requested that the Developer tender, construct and pay for the Offsite Works including the Growth-related Works, as identified; Service Financing Agreement – Haylock Subdivision Page 2 of 27 VI. The Township’s Development Charge By-law No. 2018-40 (the “DC By-law”) applies to the Developer’s proposed subdivision and other development lands throughout the Township; VII. Section 38 of the Development Charges Act, 1997, S.O. 1997, c. 27 (the “Act”) permits a municipality to allow a person to perform work that relates to a service to which a development charge by-law relates and for such municipality to give the person a credit towards the development charge in accordance with the agreement; VIII. The Township is willing to enter into an agreement under sections 38-41 of the Act under which the Developers will pay the cost of construction and installation of the Growth-related Works in exchange for the development charges credits and refunds as set out herein.
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