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Writer's pictureCatherine Kitts
Jul 173 min read

Council approves Front-Ending Agreement for Ashcroft Homes’ Eastboro subdivsion

Many of you may have been aware that Ashcroft launched litigation against the City re: a front-ending agreement that was required to proceed with the construction of a storm water connection that is required to service its Eastboro subdivision. What has hung in the balance as this dispute prolonged was the hundreds of families who purchased homes in 2019 and have not been able to move into their homes, or have any clarity on when that might be possible.


Navigating the complexities of this project and its impact has been one of the most challenging files I've dealt with. The City’s position on payment for the storm sewer detailed in this agreement has not changed, and it could have come forward months ago, not only saving those families strife but it would have given all of us more notice for the construction work that is going to be incredibly impactful for our community.


After the previous one-directional closure of Navan Road in 2022, I maintained the position that another closure is not tenable. Let me be clear, the reason work stalled on the Eastboro subdivision was because of the dispute over payment, but as those conversations were taking place, I have spent countless hours in meetings with staff from all departments and consultants, advocating for alternatives, and exploring every possible option to avoid a closure. Unfortunately, we are left with geographic constraints and operational space limitations that make a full closure necessary. My hands are tied in this situation, but I dissented on the full closure and timeline despite the settlement passing.



While the exact construction timelines are not yet clear, a stipulation in the negotiated agreement was 30-day notice before issuing a permit. I communicated to staff that this was not reasonable notice for businesses, community groups and area schools, but legal counsel informed us without that stipulation the settlement would not proceed, meaning years of uncertainty for those families and years of legal costs for taxpayers.


Despite this 30-day minimum, at my request, staff did negotiate several obligations before the permit can be issued including a communications plan, public meeting to be held by the developer, "business as usual signage", etc. As Ashcroft will need to secure a contractor and provide the City with financial securities, I'm not sure 30 days is a realistic timeline to mobilize, and I am hopeful that we will have more time to get organized as a community.


Ashcroft has indicated that the work is likely to take 6 months, but the City has also included incentives to stick to that timeline as we know the last closure extended past it's originally communicated end date.


In the 24 hours between when we considered this at committee and went it come forward to council, I worked tirelessly with staff to ensure our community receives as much support as possible above and beyond what is required within the legal agreement with Ashcroft. This includes arranging a City-led information session for local business owners, enhanced signage, detailed traffic management plans, and coordinating communications materials, ensuring the road is closed at the last possible moment and that options be explored to expedite the work including weekend work. These efforts are reflected in the motion that was unanimously carried at council, which you can view here.


With alternate routes already over capacity and return-to-office in September, I have been sick over the impact this will have on people’s quality of life and their livelihoods. This is the last thing we need in an area already over-capacity and beyond stretched with inadequate transportation infrastructure. Navan Road is a critical arterial link for our community, and it pains me that we have already endured several extended closures for work by this specific developer.


You’re likely wondering, what’s next? I’ve requested further clarity on construction timelines, specific closure parameters and their locations on Navan Road, which I hope to have for you as soon as possible. Over the coming days and weeks, I look forward to providing you with more information and clarity on those timelines and other information, as detailed in the motion carried.


Please watch the videos below for my remarks as committee considered this settlement. As well, there is a link below for the comments I made at council, my comments that were included in the report, and recent media coverage. I will continue to hold the developer accountable for their proposed traffic management plans and work with staff on proactive communication with our community.


Thank you for your ongoing support on what has truly been one of the most difficult files to ever come across my desk.






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