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HomeMy WebLinkAboutWD-21-98 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # (Xl..5, GL- Res, NC,\?A - 1<;?5 "(6 Date: March 23, 1998 By-law # . Report #: WD-21-98 File #: Subject: PRINCIPLES OF UNDERSTANDING APPROVED BY COUNCIL'S ADOPTION OF REPORT #PD-114-96 AT ITS SPECIAL MEETING ON JULY 29,1996 RECOMMENDATIONS: 1 . THAT Report WD-21-98 be received; 2. THAT Council approve an amendment to the Principles of Understanding executed by the Municipality following Council's approval of Report PD-114-96, to give effect to paragraphs 3.2 and 3.3 of this Report, conditional on the other parties to the Principles of Understanding concurring; 3. THAT a by-law be passed to authorize the Mayor and Clerk on behalf of the Municipality to execute the amendment to the Principles of Understanding referred to in Recommendation 2; and 4. THAT a copy of this report be sent to Robinson Ridge Development Inc., 289143 Ontario Limited and 765400 Ontario Limited. REPORT 1.0 ATTACHMENTS No.1: Key Map 2.0 BACKGROUND 2.1 Robinson Ridge Development Inc. ("Robinson Ridge") owns the lands to which draft plan of subdivision 18T-89037 applies (See map in Attachment 1). Robinson Ridge is the successor in title of Newcastle III Limited Partnership, formerly Stolp Homes (Newcastle) Developers Inc. ("Stolp"). These lands are located east of Townline Road and south of Regional Road 22 (Old Bloor Street) in Courtice. A Subdivision Agreement under the Planning Act for the Robinson Ridge lands and a Credit Agreement under the Development Charges Act are 1143 .' REPORT NO. WD-21-98 PAGE 2 being finalized by staff. Robinson Ridge intends to begin construction of part of the first phase of development of its lands soon. 2.2 The planning for the Robinson Ridge lands as well as the planning for two large adjacent properties were the subject of a recent Ontario Municipal Board hearing. In order to avoid a lengthy and costly hearing, a settlement of the outstanding issues between the Region, the Municipality and the owners of the properties concerned was made. One of the adjacent properties which was part of the settlement is owned by 289143 Ontario Limited ("289143"). The 289143 lands are located south of Regional Road 22. They are abutted on the west by the Robinson Ridge land and on the east by Prestonvale Road. The second property is owned by 765400 Ontario Limited. It is abutted on the south by Regional Road 22 and on the east by Preston vale Road (See map in Attachment 1). Approximately 1100 dwelling units are intended to be developed on the combination of the three properties. The settlement treated the three properties as components of a comprehensive planning unit. 2.3 Principles of Understanding to implement the settlement were authorized by Council's adoption of Report PD 114-96 at its special meeting on July 29, 1996. They were signed by the Mayor and Clerk and initialled by the Region, Stolp, 289143 and 765400. The Principles are complex and interrelated. Since the ownership of each of the three properties was separate, three draft plans of subdivision were recommended for approval subject to a number of conditions, together with appropriate official plan and zoning amendments. Provisions were made for the extension of New Bloor Street to Prestonvale Road and for other services as well as their phasing. The Ontario Municipal Board approved the three draft plans of subdivision subject to conditions, as well as the official plan and zoning amendments. 2.4 With respect to parks, the Principles of Understanding provide for two parkettes and a neighbourhood park to be dedicated and constructed by the owners. One 1144 . REPORT NO. WD-21-98 PAGE 3 parkette (Parkette A) will be located on the Robinson Ridge lands. The second parkette (Parkette B) will be located on the 289143 lands. The neighbourhood park will be located on the 289143 lands and will serve development on Robinson Ridge lands, the 289143 lands and the portion of the 765400 lands located between Regional Road 22 and the extension of New Bloor Street. Parkette A will serve the future residents of the Robinson Ridge lands exclusively. Parkette B will serve the future residents of the 289143 lands exclusively. 2.5 Under the Planning Act, lands required for parkettes and neighbourhood parks are dedicated free of charge to the Municipality pursuant to a standard condition of draft plan approval which the Municipality employs. The owners of the three properties will be responsible for the costs of constructing the parkettes and the neighbourhood park. They will be able to recover part of their costs under a Credit Agreement with the Municipality that will be made pursuant to the Development Charges Act. 2.6 The Subdivision Agreement with Robinson Ridge will be the first Subdivision Agreement to be executed by the Municipality respecting any of the three properties in question. Consistent with the Principles of Understanding and the policy of the Municipality, prior to the execution of this Subdivision Agreement by the Municipality, Robinson Ridge would be required to transfer title to Parkette A, Parkette B and the neighbourhood park to the Municipality and to deposit security with the Municipality for the costs of construction of them: 3.0 COMMENTS AND CONCLUSION 3.1 As noted above, Parkette B will be located entirely on the 289143 lands. The land required for Parkette B will not have frontage on a public street until a final plan of subdivision to implement draft plan of subdivision 18T-95023 (289143 lands) is approved and registered on title. Before the final plan will be 1145 REPORT NO. WD-21-98 PAGE 4 approved, 289143 Ontario Limited or its successor will have to enter into a Subdivision Agreement with the Municipality. 3.2 The Municipality's interests in Parkette B can be fully protected if the Principles of Understanding are amended to require Parkette B to be transferred to and security for the cost of its construction to be deposited with the Municipality by 289143 Ontario Limited prior to the execution of a Subdivision Agreement by the Municipality with this company. It is not necessary that the land required for Parkette B be transferred and security for the cost of its construction be deposited with the Municipality prior to the execution of the Robinson Ridge Subdivision Agreement by the Municipality for the Municipality's interests to be protected. The present requirement that Robinson Ridge transfer Parkette B and deposit security for the cost of its construction is onerous on Robinson Ridge, and is not necessary to protect the Municipality's interests. 3.3 Staff recommend that, conditional on the other parties to it concurring, the Principles of Understanding be amended as provided in paragraph 3.2. The amendment will be in a form and have a content satisfactory to the Chief Administrative Officer in consultation with the Municipality's solicitor. Respectfully submitted, Received by, ~t/~ Stephen A. Vokes, P.Eng., Director of Public Works ~~ W.H. Stockwell Chief Administrative Officer DHISA V Ice March 18, 1998 Attachment 1146 . REPORT NO. WD-21-98 PAGE 5 Robinson Ridge Development Inc. ATTN: Jack Crosby 60 Centurian Drive Suite 219 Markham, ON L3R 8T6 289143 Ontario Limited clo Michael Freedman 7111 Dufferin Street Thornhill, ON L4J 2K2 765400 Ontario Limited 25 St. Dennis Drive Suite 100 Don Mills, ON M3C 1 E6 1147 , . <t: ~ <t: I (f) o LL : ] mOOR~ f- u J t o \\ C5. . I>:'. ~ OJ ~ o 0:: Q. 1!.OO~'ii1J@OO ~ OOWlt-wmr COIIIma DIEVED..OnlIIilll'm ATTACHMENT NO. 1 REPORT NO. WD-21-9 1148