This document can be made available in other accessible formats as soon as practicable and upon request F.2 STAFF REPORT:

Planning & Building Services Department REPORT TO: MEETING DATE: REPORT NO.: SUBJECT:

PREPARED BY:

A.

Council June 11, 2012 PL.12.70 Windfall Plan of Subdivision – Authorization to Execute Master Development Agreement & Subdivision Agreement - Phase 1 D. Finbow, Director, Planning& Building Services

Recommendations

THAT Council receive Staff Report PL.12.70 respecting “Windfall Plan of Subdivision – Authorization to Execute Master Development Agreement & Subdivision Agreement Phase 1”; and, THAT Council authorize the Mayor and Clerk to execute the Master Development Agreement for the development known as “Windfall” (County of Grey File No. 42T-201003, Town Planning File No. P630) in a form approved by the Town’s Solicitor and Directors of Finance and Information Technology, Engineering & Public Works and Planning & Building Services; and, THAT Council authorize the Mayor and Clerk to execute the Subdivision Agreement – Phase 1 for the development known as “Windfall” (County of Grey File No. 42T-201003, Town Planning File No. P630) in a form approved by the Town’s Solicitor and Directors of Finance and Information Technology, Engineering & Public Works and Planning & Building Services subject to the proponent having executed the Financing Agreement related to the construction of the sanitary trunk sewer within the Grey Road 21 road allowance; the provision of any securities, fees, charges and other documents required pursuant to the Financing Agreement; and, issuance of “Accepted for Construction Drawings” for the Phase 1 Works by the Town’s Engineering & Public Works Department. B.

Background

Purpose To seek authorization for the Mayor and Clerk to execute the Master Development Agreement (MDA) and the Subdivision Agreement (SA) for Phase 1 of the Windfall Plan of Subdivision. Overview The Windfall Plan of Subdivision received Draft Plan Approval from the County of Grey on November 15, 2011. The draft approved subdivision contains a total of 609 dwelling units comprised of 351 detached dwellings and 258 semi-detached dwellings.

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June 11, 2012 Page 2 of 4

At the May 10, 2012 County of Grey Planning and Community Development Committee meeting, the Committee considered a report from the Director of Planning regarding proposed revisions to the draft approved subdivision wherein County staff recommended approval. This report was supported by way of a letter from the Town indicating that the Town had no objections to the proposed redline revisions. The nature of the revisions were related to lot configurations within Phase 1; additional lands for the sanitary outlet; an additional walkway block to address pedestrian connectivity; increased right-of-way width for the north/south street from 26.0 metres to 30.0 metres; and, other minor adjustments. Revised Draft Plan of Subdivision - Windfall

Master Development Agreement Given the magnitude of the proposed development and the provisions of the Official Plan (OP), it was determined that it was appropriate and required that the proponent and the Town enter into a MDA so as to provide a high level “road map” related to the development of the lands. These matters include: • Phasing • Required works • Overall Vegetation Preservation • Trails In addition, the MDA will provide direction on matters such as front-end financing of service infrastructure and the financial obligations of the Developer related to the growth and settlement provisions of the OP (timing of payment of the cash-in-lieu of shoreline dedication and timing of the provision of required recreational facilities*). *Note: Timing of payment and/or provision is prior to the registration of the first bonus unit, being the 416th unit.

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In support of the MDA, the Developer submitted a Master Development Report (MDR) in January 2012. The MDR contains textual information related to the development and the purpose of the MDR but more importantly contains figures/maps that set out the phasing, required works, overall vegetation preservation, trails, etc. The version acceptable to the commenting agencies, including the Town, will be specifically referenced in the MDA. The MDR submitted in January 2012 was reviewed and subsequent to comments from the Town, a revised MDR was submitted in May 2012. The revised MDR has been reviewed by the Town, County, Niagara Escarpment Commission and Nottawasaga Valley Conservation Authority with it being noted that minor revisions/modifications to the revised MDR are required. Sample provisions contained within the MDA and extracts from the MDR are attached hereto for Council’s information. As the required revisions to the MDR are considered minor, Planning staff are of the opinion that it is appropriate at this time that Council authorize the Mayor and Clerk to execute the Master Development Agreement in a form approved by the Town’s Solicitor and Directors of Finance and Information Technology, Engineering & Public Works and Planning & Building Services. Subdivision Agreement – Phase 1 The proponent has made application to the Town for a Subdivision Agreement (SA) for Phase 1. This Subdivision Agreement will be based on the Council adopted Subdivision Agreement Template. With regard to the status of “Accepted for Construction Drawings”, which are a prerequisite prior to the execution of the SA, it is noted that the drawings depicting the required works were submitted to the Town, NEC and NVCA. Comments from the Town and agencies on this first submission have been provided to the proponent’s consulting engineer with it being noted that the revised submission is expected shortly. Planning staff are of the opinion that it is appropriate at this time that Council authorize the Mayor and Clerk to execute the Subdivision Agreement – Phase 1 in a form approved by the Town’s Solicitor and Directors of Finance and Information Technology, Engineering & Public Works and Planning & Building Services subject to the proponent having executed the Financing Agreement related to the construction of the sanitary trunk sewer within the Grey Road 21 road allowance; the provision of any securities, fees, charges and other documents required pursuant to the agreement; and, the issuance of “Accepted for Construction Drawings” for the Phase 1 Works by the Town’s Engineering & Public Works Department. Financing Agreement – Grey Road 21 Sanitary Trunk Works The terms and conditions of the Financing Agreement for the Grey Road 21 Sanitary Trunk were reviewed with Council at its meeting of May 28, 2012 and a subsequent report is to be presented to Council on June 11, 2012. As this Agreement is required

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June 11, 2012 Page 4 of 4

prior to the commencement of the required sanitary trunk works, works which are a prerequisite for the development of these lands, it is recommended that the terms and conditions of this Agreement be resolved, that this Agreement be executed, that the required securities, fees, charges and other documents all be provided, prior to the SA being executed by the Mayor and Clerk. C.

The Blue Mountains’ Strategic Plan

“Providing a strong, well managed municipal government.” “Managing growth to ensure the ongoing health and prosperity of the community.” D.

Environmental Impacts

N/A E.

Financial Impact

N/A F.

In Consultation With

John Metras, Q.C. G.

Attached

Appendix “A” – Windfall Master Development Report Extracts Appendix “B” – Sample Windfall Master Development Agreement

Respectfully submitted,

____________________________________ D. Finbow, Director, Planning & Building Services

MASTER DEVELOPMENT AGREEMENT GEORGIAN GATE LTD. February 23, 2012 FILE NO. P - 630 Part I – Definitions, Interpretation and Administration of Agreement 1.1 1.2 1.3 1.4 1.5 1.6

Definitions Interpretation of Agreement Administration of Agreement Lands Affected Joint Authors Recitals

Part 2 – Basis and Scope of Agreement 2.1 2.2 2.3 2.4 2.5

Official Plan Scope of Agreement – Master Subdivision Agreement Subdivision Agreement Phasing Term

Part III – Fees and Charges, Financial Contributions, Bonus Density and Other Requirements 3.1 3.2 3.3 3.4 3.5 3.6

Fees and Charges Disbursements and Expenses Financial Contributions Recreation Requirements Cash In Lieu Of Parkland NVCA Fees

Part IV - Provision of the Services 4.1 4.2 4.3 4.4 4.5 4.6 4.8 4.9 4.10 4.11 4.12 4.13

Installation of the External Sanitary Sewer Servicing Capacity Installation of Internal Works by the Developer Town Standards Changes to the Town Standards The Private Services Traffic Impact Study Utility Services Work on the Lands Construction Access Policy on Commencing Work Special Provisions

Part V – Lands and Easements To Be Transferred 5

Transfer of Lands and Easements

Part VI - Administration 6.1 6.2 6.3

Indemnity Transfer of Lands Notices

6.4 6.5 6.6 6.7 6.8 6.9 6.10

Other Applicable Laws Waiver Extension of Time Registration of Agreement Postponement and Subordination Governing Law Successors and Assigns

List of Schedules

MASTER DEVELOPMENT AGREEMENT THIS AGREEMENT made this day of

, 2012.

BETWEEN: GEORGIAN GATE LTD.

(hereinafter referred to as the "Developer") - and THE CORPORATION OF THE TOWN OF THE BLUE MOUNTAINS (hereinafter referred to as the "Town")

WHEREAS the Developer warrants that it is the registered owner of Lands; AND WHEREAS the development of the Lands is subject to all of the policies of the Official Plan including the policies set out in paragraph 57 of Section 13.2 of the Official Plan and the General Exception Policies which permit the lands to be developed for a maximum of 609 dwelling units, AND WHEREAS the General Exception Policies require the Developer to enter into a Master Development Agreement with the Town to address, among other things, the items set out in the General Exception Policies; AND WHEREAS the Approval Authority by a Decision dated the November 15, 2011 gave draft approval to the Draft Plan subject to the Conditions. Note: reference to red lined plan….. . NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the covenants hereinafter expressed and other good and valuable consideration, the Parties hereto covenant and agree one with the other as follows: PART I DEFINITIONS, INTERPRETATION AND ADMINISTRATION OF AGREEMENT 1.1

Definitions

In this Agreement, including the recitals, the following terms shall have the meanings set out below, unless otherwise redefined or where the subject matter or context requires another meaning to be ascribed: “Accepted for Construction” means the signing and stamping of a Required Plan “Accepted for Construction” by the Town; “Accepted Plans” means the Required Plans for the Works which have been Accepted for Construction. “Agreement” means this agreement; “Approval Authority” means the County of Grey; “Bonus Density” has the meaning ascribed to it in the Official Plan; “Business Day” means any day other than Saturday, Sunday or any statutory or civic holiday in Ontario;

PART II BASIS AND SCOPE OF AGREEMENT 2.1

Official Plan

The Developer acknowledges and agrees that the Lands shall only be developed in accordance with all of the provisions of the Official Plan, including Section 6.5.3 and the General Exception Policies set out in Part A Exception 50 of Section 13.2 of the Official Plan and the policies set out in Paragraph 57 of Section 13.2 of the Official Plan. . The Developer acknowledges and agrees that the payment of the Financial Contributions, the provision of additional recreational lands and/or facilities and/ or payments to the Town in lieu thereof and the other requirements all as set out in Part III and the provision of the Works as set out in Part IV are requirements of the Official Plan for the subdivision, development and servicing of the Lands. 2.2

Scope of Agreement – Master Development Agreement

The Parties acknowledge and agree that this Agreement is the Master Development Agreement required to be entered into by General Exception Policies to satisfy the requirements of the Official Plan for the subdivision, development and servicing of the Lands and is also an agreement within the meaning of and authorized by sections 51(25) (d) and 51(26) of the Planning Act. This Agreement shall define in general terms the obligations and duties of the Developer with respect to the subdivision, development and servicing of the Lands in orderly phases and, without limiting the generality of the foregoing, shall include the design and installation of the Works, the provision of additional recreational lands and/or facilities and/ or payments to the Town in lieu there in accordance with section 6.5.3 of the Official Plan and such other payments to the Town and other matters as may be more specifically set out herein. 2.3

Subdivision Agreement

The Developer agrees that prior to Final Approval, the Developer shall enter into a Subdivision Agreement with the Town for each phase of the development of the Lands, in a form satisfactory to the Town to satisfy the requirements of this Agreement, the Conditions and without limitation to satisfy all of the financial, legal, servicing, engineering, landscaping, phasing and other requirements of the Town for the subdivision, development and servicing of the phase of the development of the Lands. The Town may, in its sole and absolute discretion, include provisions of this Agreement in the Subdivision Agreement. 2.4

Phasing

The Developer agrees that the Lands shall be subdivided, developed and serviced in accordance with the phasing requirements set out in Schedule “B” with such modifications to a Subsequent Phase as the Parties may agree upon in the Subdivision Agreement for the Subsequent Phase without the necessity of amending this Agreement.

2.5

Term

The term of this Agreement shall commence on the date this Agreement is executed by the Town and shall remain in full force and effect until the earlier of the date the draft approval for the Draft Plan lapses under subsection 51(32) of the Planning Act, subject to the ability to acquire extensions to the draft approval

of the Draft Plan, or the date the Town has executed a Subdivision Agreement and for the last phase of the development of the Lands. PART III FEES AND CHARGES, FINANCIAL CONTRIBUTIONS BONUS DENSITY AND OTHER REQUIREMENTS 3.1

Fees and Charges

The Developer agrees to pay to the Town, upon the execution of this Agreement, the non–refundable fees and charges set out in Part 1 of Schedule D for expenses incurred by the Town for the preparation of this Agreement. 3.2

Disbursement and Expenses

In addition to the non-refundable fees and charges referred to in Section 3.1, the Developer shall pay to the Town, within twenty (20) Business Days of receipt of a Notice demanding payment, the full amount of such costs, expenses and disbursements as may be or are incurred by the Town in connection with the administration and enforcement of this Agreement , including, without limiting the generality of the foregoing, the Town’s the costs all consultants retained by the Town with respect to this Agreement (the “Agreement Costs”). 3.3

Financial Contributions

The Developer covenants and agrees to pay the Financial Contributions set out in Part 2 of Schedule “D” to the Town by certified cheque prior to the Town executing this Agreement. 3.4

Shoreline Dedication and Recreation Requirements

in addition to the requirements of Section 51.1 of the Planning Act with respect to the conveyance of land for park or other public recreational purposes or the payment of money in lieu thereof, the Developer, in accordance with the requirements Section 6.5.3 of the Official Plan, covenants and agrees to: (a)

make the payment to the Town by certified cheque for cash-in lieu of shoreline dedication; and

(b)

provide the recreational facilities,

all as set out in Part 3 of Schedule “D”. These requirements shall be included in the Subdivision Agreement for the phase of the development of the Lands which contains the first unit to which the Bonus Density provisions of the Official Plan applies (ie: the 416th unit). 3.5

Cash In lieu of Parkland

Nil 3.6

NVCA Fees

The Developer shall pay to the NVCA, prior to Final Approval of any phase of the development of the Lands, all development fees for that phase as required in accordance with the NVCA fees policy under the Conservation Authorities Act.

SCHEDULE “D” This Schedule forms part of a Master Subdivision Agreement between Georgian Gate Ltd. and the Corporation of the Town of The Blue Mountains

FEES, FINANCIAL CONTRIBUTIONS, RECREATION AND OTHER REQUIREMENTS PART 1 – FEES AND CHARGES (Sections 3.1, 3.2 and 3.3) 1. Agreement Preparation Fee

$12,775.00 (Paid)

2. Other Fees

$Nil

Total

$

PART 2 - FINANCIAL CONTRIBUTIONS (Section 3.4) 1.

Combined EA - Sewer

$ to be completed

2.

Other

$ to be completed

Total

$

PART 3 – BONUS DENSITY REQUIREMENTS (Section 3.5) Additional Recreational Lands and/or Facilities – Bonus Density (Section 6.5.3 of the Official Plan) In accordance with the provisions of the Official Plan the maximum unit yield for the Lands is 609 dwelling units and the Bonus Density for the Lands is 194 dwelling units. In accordance with the provisions of Section 6.5.3 of the Official Plan the Developer agrees to: Pay to the Town Cash- in- Lieu of Shoreline Dedication in the amount of $970,000 (194 units x $5,000. per dwelling unit); and Provide Small Scale Recreational Facilities to the value of $388,000 (194 units x $2000.per dwelling unit). These requirements shall be included in the Subdivision Agreement for the phase of the development of the Lands which contains the first dwelling unit to which the Bonus Density provisions of the Official Plan applies (ie: the 416th dwelling unit. PART 3 - OTHER REQUIREMENTS (Section 3.6) 1. Parkland and Money in Lieu Thereof – to be advised