HomeMy WebLinkAbout97-177 � 4
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 97-177
being a by-law to authorize the execution
of a Memorandum of Understanding between
the Corporation of the Municipality of
Clarington and North Lake Estates Inc . ,
Bennett Estates Inc. , Bennett Developments
Inc . , and the Northumberland-Clarington Board
of Education
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS
AS FOLLOWS :
1 . THAT the Mayor and Clerk are hereby authorized to execute,
on behalf of the Corporation of the Municipality of
Clarington and seal with the Corporate Seal, a Memorandum of
Understanding between the Corporation of the Municipality of
Clarington and North Lake Estates Inc . , Bennett Estates
Inc . , Bennett Developments Inc . , and the Northumberland-
Clarington Board of Education (Referral No. 6 of the
Clarington Official Plan) .
2 . THAT the Memorandum of Understanding attached hereto as
Schedule "A" form part of this by-law.
By-law read a first and second time this 18th day of August 1997
By-law read a third time and finally passed this 18th day of
August 1997
MAYOR
CLERK
r
T� THIS MEMORANDUM OF UNDERSTANDING made as of this Lj M day
of , 1997.
BETWEEN:
The Corporation of the Municipality of
Clarington
("Municipality")
OF THE FIRST PART
- and -
North Lake Estates Inc., Bennett Estates Inc. and
Bennett Developments Inc.
("Referents")
OF THE SECOND PART
- and -
The Northumberland-Clarington Board of
Education
("School Board")
OF THE THIRD PART
WITNESSETH THAT:
A. By letter dated December 13, 1996 addressed to Ms. Diana Macri, Secretary and
Chief Administrative Officer, Ontario Municipal Board, from Mr. A.L. Georgieff,
Commissioner of Planning for the Regional Municipality of Durham ("Region") the
provisions which are the subject of Referral No. 6 of the Official Plan for the Municipality
of Clarington ("Clarington Official Plan") were referred to the Ontario Municipal Board
pursuant to section 17(24) of the Planning Act, R.S.O. 1990, c.P.13, as amended to the date
of the Region's letter ("Planning Act").
r '
-2-
B. The Referents are the owners of the lands now in the Municipality of Clarington
which are more particularly described as comprising Part of Lots 5 and 6, Broken Front
Concession, former Township of Darlington, now the Municipality of Clarington ("Lands").
C. Referral No. 6 comprises the following provisions of the Clarington Official Plan and
the Port Darlington Secondary Plan:
• Those lands shown as Referral No. 6 on Map A of the Port Darlington
Secondary Plan.
• That portion of the Type C Arterial shown on Map B3.
• Section 9.5.5(g), 19.5.3, and 23.10.4 insofar as they relate to the
lands subject to Referral No. 6.
• Sections 5.4, 11.3 and 11.7 of the Port Darlington Secondary
Plan insofar as they relate to the lands subject to Referral No.
6.
D. The Municipality and the Referents have agreed that Referral No. 6 should be settled
on the terms set out below,
NOW THEREFORE WITNESSETH THAT in consideration of the premises and
the covenants hereinafter expressed, and the sum of two ($2.00) dollars of lawful money of
Canada, now paid by each Party to the others (the receipt whereof by each Party is hereby
acknowledged), the Parties hereto covenant and agree to and with each other as follows:
1. The Municipality and the School Board acknowledge that in making this
Memorandum of Understanding, the Referents have relied on the provisions of the
letter from Mr. David Crome to Mr. Roy Mason dated June 17, 1997 a copy of which
is contained in Schedule "A" attached hereto. In addition, the Municipality and the
School Board agree with the Referents that paragraph numbered 4 of the aforesaid
letter from Mr. Crome to Mr. Mason dealing with the Elementary School site shall
be deemed to provide that if the School Board does not exercise the option which
the Referents will grant to the School Board to purchase the Elementary School Site,
within nine years of registration of the plan of subdivision, the Municipality will grant
to the Referents or to their successors in title, an alternative land use that is
consistent with good planning in the community.
-3-
2. The Referents forthwith will write to the Ontario Municipal Board withdrawing their
request for the referral of the provisions of the Official Plan for the Municipality of
clarington which are included in Referral No. 6.
3. The Municipality, the School Board and the Referents will request the Ontario
Municipal Board to modify the provisions of the Port Darlington Secondary Plan
which are included in Referral No. 6 by deleting section 5.4 thereof and as so
modified, to approve the provisions of the Port Darlington Secondary Plan which are
included in Referral No 6 pursuant to the Planning Act.
IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals
the day and year first above written and the Parties hereto have hereunto affixed their
corporate seals by the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND ) THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
DELIVERED )
Mayor
Clerk'
NORTH LAKE ESTATES INC.
Per:
Name: Title:
)
)
Per:
Name: Title:
-4-
BENNETT ESTATES INC.
Per:
Name: Title:
C,r
)
)
Per:
Name: Title:
BENNETT DEVELOPMENTS INC.
Per: —
} Name: Title:
X, /">-, �-
)
)
Per:
Name: Title:
NORTHUMBERLAND-CLARINGTON B ARD
OF EDUCATION
Pe
Name:
R.C. Sudds , Supt. of Business & Treasure
)
SCHEDULE "A"
MUNICIPALITY OF
larington
ONTARIO
17 June 1997
WYTHOUT PREJUDICE
Mr. Roy Mason
KLM Planning Partners Inc.
Urban Planners and Development Consultants
7880 Keele Street, Suite 207
Czncoid, Ontario
LAX 4G7
Dear Sir:
Re: Referral No. 6 to the C7arington Official Plan
North Lake Estates,Bennett Estates Inc. and Bennett Development Inc.
Our File: PLN 32.12.6
This letter is prepared in response to your letter of June 13, 1997 with respect to the matters
discussed at our meeting of June 2, 1997. It will clarify the Municipality's position and proposed
principles of settlement. For the sake of completeness, this letter repeats many of the matters
addressed in your letter adding correction,clarification or elaboration where necessary. This would
allow this letter to be scheduled to any settlement agreement if it is acceptable to your client.
1. Access from Type ILI Arterial Road
Type C Arterial Roads are intended to move lower volumes of traffic at slower speeds than other
arterial roads. Accordingly,the policies of the Official Plan discourage direct access in residential
areas with the exception of apartment or townhouse blocks. Full turning movements would be
permitted to these type of developments.
Direct access to low density housing on Type C Arterial Roads is discouraged but not totally
prohibited. Design solutions such as flankage lots, rear lanes or other possible means of limiting
access would be explored at the subdivision stage. However, the Municipality would be prepared
to accept some limited number of direct access driveways onto the Type C Arterial Road. As you
are aware,it is the Municipality's planning policy to develop a parkway road in the Port Darlington
area. Full turning movements would not be possible to low density housing fronting onto the Type
C Arterial Road.
2. Waterfront Greenway
The Waterfront Greenway designation on Map A of the Secondary Plan is comprised of two
components. The first is the Regulatory Shoreline Area identified on Map B of the Secondary Plan.
These are the lands subject to flooding, erosion and/or dynamic beach constraints. The second
CORPORATION OF THE MUNICIPALITY OF CLARINGTON w
Roy Mason Page 2..
17 June 1997
component is the tableland area which is identified as a District Park. The precise boundary of the
total Waterfront Greenway would be determined through the consideration of a development
application. These lands would comprise the required parkland dedication for this development and
any additional lands which the Municipality would acquire.
3. Type C Arterial Road - Right-of-Way Width
As noted above, the Arterial Road is to be built to a parkway standard. Residential development
is identified on the north side,the park and greenway on the south side. The Municipality's policy
is that the developer dedicate the right-of-way with a width of 30 metres without compensation in
the normal course of subdivision approval. Provided that the project is included in the Development
Charges By-law,the developer is responsible for development costs of a 10 metre urban roadway.
Any additional costs, including those associated with the central boulevard, would be the
Municipality's cost funded through Development Charges.
4. Elementary School Site
After discussions with the School Board, the Municipality is willing to withdraw policy 5.4 of the
Secondary Plan. This would, in essence, make the Plan silent on the issue of a default land use
designation and the necessity for an amendment to the Plan if the School Board deems the site
unnecessary.This matter would have to be addressed at the time of such an event.
S. Local Trail
The local trail shown on the north side of the development is intended to provide internal
neighbourhood connections to parks, schools and open space systems. This trail could be located
as part of the berm required to shield residents from the rail line but it would have to be located
on the south side. A five metre right-of-way would be desirable to account for a 2 metre trail and
to provide planting strips adjacent to the trail itself. Where subdivision design permits,the trail may
also be located with a local road allowance as part of the sidewalk system.
Conclusion
Provided that this letter is acceptable to your client, and with regard to item 4 also to the
Northumberland-Clarington School Board, I can instruct the Municipality's solicitor to prepare a
simple agreement of settlement. Said agreement would reference the principles of settlement
contained in the letter and indicate that Municipality,the School Board and your client agree to:
1. request the Ontario Municipal Board to delete Sections,5.4 of the Port Darlington
Secondary Plan, and
Y .
Roy Mason Page 3..
17 June 1997
2. request the Ontario Municipal Board to approve all other policies and land use
designations in the Clarington Official Plan and the Pon Darlington Neighbourhood
Secondary Plan as referred to the Board by your client.
By copy of this letter, I am requesting the formal concurrence of the Northumberland-Clarington
School Board on a without prejudice basis.
As I am leaving on vacation shortly, I need your response by Wednesday,June 18 at 12:00 noon.
This would enable me to arrange for the agreement to be prepared and the appropriate report to
he forwarded to the July 7th meeting of Council.
If you wish to discuss this matter further or require any other clarification, please do not hesitate
to contact me at your earliest convenience.
Yours truly,
Da ' J. Crome, Manager
Community Planning Branch
DJC'df
cc: Ray Floyd, Centrehill Corporation
Paul Brace, Northumberland-Clarington Board of Education
Tony Cannella,Public Works
Dennis Hefferon, Solicitor