HomeMy WebLinkAboutPD-102-00 Addendum
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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
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FILE No. RE 6.9.5
699002
ATTACHMENT NO.2
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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