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