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HomeMy WebLinkAboutPD-102-00 Addendum cw.pn REPORT 116 REPORT PLANNING SERVICES Meeting: COUNCIL Date: Monday, June 25, 2007 \?eso\ub " C:- 3k&- 07 Report #: Addendum to Report #PD-1 02-00 File #: RE 6.9.5 By-law #: ;<007-/ IS Subject: LEASE AGREEMENT FOR GOODYEAR ENGINEERED PRODUCTS CANADA INC. LANDS IN THE BOWMANVILLE CREEK VALLEY; PART LOT 12, CONCESSION 1, FORMER TOWN OF BOWMANVILLE RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Addendum to Report #PD-1 02-00 be received and APPROVED; and 2. THAT Council pass a By-law to authorize the Mayor and the Municipal Clerk to execute a Lease Agreement with Goodyear Engineered Products Canada Inc. as contemplated by Report #PD- 102-00, as amended by this Addendum Report. Submitted by: Reviewed by: O~~'"k Franklin Wu, Chief Administrative Officer D id . rome, M.C.I.P., R.P.P. Director of Planning Services DH/FL/DJC/df 21 June 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 ADDENDUM TO REPORT NO.: #PD-102-00 PAGE 2 1.0 BACKGROUND 1.1 Report #PD-102-00 (Attachment 1) was approved by Council at its meeting on October 2, 2000. It noted that Valleys 2000 (Bowmanville) Inc. had been actively seeking to acquire either through purchase or lease land within the Bowmanville Creek valley for the purpose of implementing the Valleys 2000 Concept Plan. 1.2 At that time, Goodyear Canada Inc. owned one of the largest parcels of land in the valley between Highway 2 and Baseline Road. Its industrial operation was located on the tablelands on the east side of the Creek. The Valleys 2000 Concept Plan depicted several improvements to the area on the west side of the Creek including landscaping, the construction of a primary asphalt trail and a secondary granular trail, a paved maintenance area near the existing dam, a pavilion and look-out decks and interpretative signage. 1.3 At the time of the original report dated October 2, 2000, the matters regarding the land exchanges and purchases were confidential. Since that time, all of these matters have been addressed and there is no need for this Addendum Report to #PD-102-00 to be confidential. 1.4 By its approval of Report #PD-18-00, at its meeting on February 14, 2000 Council approved the Concept Plan for the Valleys 2000 project except for a by-pass channel around Goodyear's pond pending further investigation as to its viability. 1.5 Report #PD-102-00 recommended that a by-law be passed (By-law 2000-172) authorizing the Municipality to enter into a Lease Agreement containing terms that the Director of Planning considers necessary to protect the Municipality's interests for a portion of Goodyear's valley lands situated on the easterly side of the Creek. 1.6 The Lease Agreement was executed by Goodyear Inc.'s signing officers in order to facilitate receipt by Valleys 2000 (Bowmanville) Inc. of a Trillium grant from the Province of Ontario to assist it in implementing the Concept Plan for the Valleys 2000 project. However, it was not executed by the Municipality of Clarington pending resolution of certain technical issues. 1.7 These technical issues have been resolved. However, Goodyear Canada Inc. recently has transferred its interest in the lands subject to the lease agreement to Goodyear Engineered Products Canada Inc. 1.8 The purpose of this Addendum Report is to obtain Council's approval of the Lease Agreement referred to in Report #PD-102-00 being made with Goodyear Engineered Products Canada Inc. rather with than Goodyear Canada Inc. 2.0 CONCLUSIONS 2.1 The references to Goodyear Canada Inc. need to be replaced with references to Goodyear Engineered Products Canada Inc. It is recommended that Council pass a by-law to repeal By- law 2000-172 and to authorize the execution of the Lease Agreement on behalf of the Municipality with Goodyear Engineered Products Canada Inc. Attachments: Attachment 1 - Report #PD-102-00 Attachment 2 - By-law to Authorize Lease Agreement " Attachment 1 DN: PI02-00 To Addendum Report #PD-102-00 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT CONFIDENTIAL Meeting: General Purpose and Administration Committee File # Date: Monday, October 2, 2000 Res. # By-Iaw#_ Report #: PD-102-00 File #: RE 6.9.5 Subject: LEASE AGREEMENT FOR GOODYEAR CANADA INC. LANDS IN THE BOWMANVILLE CREEK VALLEY; PART LOT 12, CONCESSION 1, FORMER TOWN OF BOWMANVILLE Recommendations: 1. THAT report PD-1 02-00 be received; 2. THAT the Municipality ofClarington enter into a lease agreement at a nominal cost, containing terms that the Director of Planning and Development considers necessary to protect the Municipality's interests, with Goodyear Canada Inc. for a portion of the Bowmanville Creek valley shown in the plan contained in Attachment No.2. 3. THAT a By-Law be passed to authorize the Mayor and the Clerk to execute the lease agreement on behalf of the Corporation of the Municipality ofClarington; and 4. THAT Goodyear Canada Inc. be forwarded a copy ofthis report and a copy of Council's decision. Over the past year Valleys 2000 (Bowmanville) Inc. has been actively seeking to acquire, either through purchase or lease, lands within the Bowmanville Creek valley for the purposes of implementing the Valleys 2000 Concept Plan. Goodyear Canada Inc. owns one of the largest parcels of land in the valley between Highway No.2 and Baseline Road (Attachment No.1). Their total land holdings is 15.6 hectares, 6.5 hectares of which is valley lands. Goodyear's industrial operation exists on the tablelands on the east side of the creek (Attachment No.2). The Valleys 2000 Concept Plan depicts several improvements to the area on the west side of the creek including the planting of trees, shrubs and wildflowers, a primary asphalt trail and a secondary granular trail, a paved maintenance access near the existing dam, a pavilion and lookout decks, and interpretative signage. 698 ,- REPORT NO.: PD-I02-00 PAGE 2 Several discussions have been held with Goodyear's representatives and they have recently confirmed that it is their preference to lease the property to the Municipality rather than dispose of the required lands by sale. A draft lease has been prepared and the main elements of the lease arrangements are as follows: . The term ofthe lease would be for 50 years beginning on the date the lease is signed by all parties. . Goodyear will retain an access to lands currently being used as a storage area for dredged material from the Goodyear pond. . Goodyear will retain an access to the dam structure so that it can be repaired, replaced or removed. . Goodyear will be pennitted to use, upon providing 48 hours notice, a section of the trail and the unopened road allowance owned by the Municipality to proved ingress and egress from the material storage area and Roenick Drive. . The Municipality shall maintain general liability insurance to the satisfaction of Goodyear Canada Inc. . The Municipality may construct or install landscaping, trails and lookouts including a drainage system, a water supply system, and lighting system and pavement provided that a truck route is constructed and maintained to accommodate dump trucks which will be used to remove dredged material, signs are posted to prohibit swimming and trespassing on the Goodyear lands, fencing is installed on the west side of the creek and around the dredged material storage area, shrubbery is planted on the east side of Bowmanville Creek and the Goodyear pond, and the Municipality obtains written approval from Goodyear prior the construction of any buildings or structures. . Goodyear will permit the Municipality access to the dam, pond and Bowmanville Creek for the purpose of constructing and installing improvements to the fish ladder. The Municipal solicitor is finalizing the details of the lease with Goodyear's solicitor and an arrangement which is suitable to all parties is expected shortly. To date, the Municipality has entered into a lease arrangement with the Central Lake Ontario Conservation Authority for the valley lands north and west ofthe Goodyear site. The Municipality has also secured the purchase of the Fram Holdings Ltd. lands to the southwest ofthe Goodyear property. This latter property abuts a municipal road allowance which leads out to Spry Avenue. Approval of the lease arrangement for the Goodyear property would permit the implementation of the concept plan for approximately the north half of the creek valley between Highway No.2 and Baseline Road. It 699 /1' REPORT NO.: PD-I02-00 PAGE 3 would connect the CLOCA lands with the Fram property thereby allowing the trail to run south out to Spry Avenue in absence of securing any additional lands. The Goodyear Canada Inc. lands are an important link in implementing the Valley 2000 Concept Plan. Therefore, it is recommended that the attached by-law be passed which would authorize the Mayor and the Clerk to execute the lease agreement with Goodyear Canada Inc. Respectfully submitted, d~~ Franklin Wu, M.C.I.P., RP.P. Chief Administrative Officer Davi J. rome, M.C.I.P., RP.P. Director of Planning and Development IL *BN*DC*sh 26 September 2000 Attachment. I - Key Map Attachment 2 - Area to be leased Attachemnt 3 By-Law to execute lease Interested parties to be notified of Council and Committee's decision: Dr. Rev. Frank Lockhart 7 Barley Mill Cres. Bowmanville, Ontario LIC 4E5 Mr. Craig R Carter Fasken Mastineau DuMoulin LLP Toronto Dominion Bank Tower Box 20, Suite 4200 Toronto Dominion Centre Toronto, Ontario M5K IN6 699001 ATTACHMENT NO.1 ~ SUBJECT SITE LOT 13 o : ~ dl ~ 1\ III ~!; ~ i i g ~. i I \~~ mIl - _. - ~ '\ -_ . _ SPRY ~VENU: . . . ~ \1; rill ~\ ~~ \ ./ .-'r~~O~~'TrTT. '" BOWMANVILLE KEY MAP FILE No. RE 6.9.5 699002 ATTACHMENT NO.2 , ,/''';,.. GOODYEAR ~~ /' 4~~ /',// /~ <---\',/' / \\ "f\\ . t (LO~atiOn?f ~ \ \ / roxlma e / . / .' . App t be Leased;- \/~~ //\. Lands 0 \ \Q~~/,' ~gy /..---;/ \\ '\I\G/ /~/,<> "/ /"' ,,/ A" / /\ / >.::-, / / \\ ~ /// ~ 699003 THE CORPORA nON OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2000- being a by-law to authorize the entering into a Lease Agreement with Goodyear Canada Inc., the owner ofa parcel ofland located in Part Lot 12, Concession I, in the former Town of Bowmanville, now in the Municipality of Clarington. WHEREAS, the Council ofthe Corporation of the Municipality ofClarington supports the initiative of Valleys 2000 to enhance and improve the Bowmanville Creek valley; NOW THEREFORE BE RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT the Mayor and the Clerk be authorized to execute on behalf of the Corporation ofthe Municipality ofClarington, and seal with the Corporation's seal, a Lease Agreement with Goodyear Canada Inc. for a portion of the Goodyear Canada Inc. lands located in Part Lot 12, Concession I, former Town of Bowmanville, now in the Municipality of Clarington. BY - LA W read a first time this day of BY -LAW read a second time this day of BY-LAW read a third time and finally passed this day of October October October 2000 2000 2000. MAYOR CLERK f 699004 Attachment 2 To Addendum Report #PD-102-00 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2007-_ being a by-law to repeal By-law 2000-172 and to authorize the entering into of a Lease Agreement with Goodyear Engineered Products Canada Inc. respecting certain lands in the Bowmanville Creek valley as recommended by Report #PD- 102-00, as amended by the Addendum to it WHEREAS at its meeting on June 25, 2007, Council of the Municipality of Clarington approved an Addendum to Report #PD-1 02-00; NOW THEREFORE the Council of The Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT By-law 2000-172 is hereby repealed. 2. THAT the Mayor and the Municipal Clerk be authorized to execute on behalf of the Municipality of Clarington a Lease Agreement with Goodyear Engineered Products Canada Inc. respecting a portion of its lands located in Part Lot 2, Concession 1, former Town of Bowmanville, now in the Municipality of Clarington. By-Law read a first time this 25th day of June 2007 By-Law read a second time this 25th day of June 2007 By-Law read a third time and finally passed this 25th day of June 2007 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk