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Home My WebLink AboutEGD-027-08 Cl~gron REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Report #: EGD-027-08 File#: Resolution #:APA-32?tf- 0 8' By-Iaw#: 9,Oo&-lJ.2 Date: Monday June 16,2008 Subject: AGREEMENT OF UNDERSTANDING FOR FOSTER CREEK NORTH SUBDIVISION (18T-89059) - L1NDVEST PROPERTIES LIMITED Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-027-08 be received; 2. THAT the Mayor and Clerk be authorized to execute, on behalf of the Corporation of the Municipality of Clarington, the Agreement of Understanding with Lindvest Properties Limited for the cut, fill and grading works and the erosion and sedimentation control works on the draft approved Foster Creek North Subdivision (18T-89059); 3. THAT Council approve the by-law attached to Report EGD-027-08 to confirm its decision to enter into the Agreement of Understanding with Lindvest Properties Limited; and 4. THAT Lindvest Properties Limited be notified of Council's decision and that the Agreement of Understanding be forwarded to them for execution once it has been drafted to the satisfaction of the Director of Engineering Services and the Municipality's Solicitor. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 Report #EGD-027-08 Page 2 Respectfully by, ~ Submitted by: A.S, Cannella Director of Engineering Services ASC/LJB/jo June 4, 2008 I ~~ 'ewed by: Franklin Wu Chief Administrative Officer Report #EGD-027-08 Page 3 1.0 BACKGROUND 1.1 The Foster Creek North subdivision is located east of Rudell Road, north of Highway 2 in the Village of Newcastle. The 665 unit development was draft approved in April 2007. Engineering Department staff have recently completed the review of the second submission of engineering drawings. 1.2 The owner, Lindvest Properties Limited, has requested in their May 28,2008 letter (see Attachment 1) that the Municipality permit them to pre-grade the site within the Phase 1 and part of Phase 2 lands. The reason for the request is that fill is required to be placed in the area of Phase 1, and there is excess material which is required to be excavated in Phase 2, south of future Grady Drive. Approximately 78,000 cubic metres is proposed to be moved within the site. No importation or exportation of material will occur during this pre-grading phase. As the developer states in their letter, not only is it cost effective to cut and fill within the site, but it will also result in significantly reduced truck traffic compared to that which would occur if the material were imported for Phase 1 and exported for Phase 2. 1.3 The developer has submitted a cost estimate for the construction and maintenance of erosion and sedimentation controls and stabilization of the disturbed areas. They are prepared to post a $340,000 Letter of Credit for these works which can be drawn upon in the event that they do not comply with the Agreement of Understanding. 1.4 A small area of Phase 1 is regulated by the GRCA under the Conservation Authorities Act. Lindvest has obtained a permit from GRCA to grade in the regulated area. 1.5 A similar Agreement of Understanding was recently entered into by the Municipality for works very similar to this request in the Courtice Area. Report #EGD-027-08 Page 4 2.0 REVIEW AND COMMENTS 2.1 Staff have met with the developer and have reviewed their request as submitted. Staff have no objection to the pre-grading and concur with the cost estimate which will form the basis of the Letter of Credit. Staff will recommend that, if the Agreement of Understanding is approved, the developer communicate with the neighbouring property owners with respect to the proposed works and provide those property owners with contact numbers in the event that they have any questions or complaints. Staff have also requested a Site Alteration Plan which clearly depicts location and method of erosion and sediment control, dust and mud control and restoration/stabilization of disturbed areas. 3.0 CONCLUSION 3.1 Staff recommend that the Municipality of Clarington enter into an Agreement of Understanding with Lindvest Properties Limited for pre-grading works as outlined in their May 28, 2008 letter once a Letter of Credit and a Site Alteration Plan have been received to the satisfaction of the Director of Finance and the Director of Engineering Services respectively. Attachments: Attachment 1 - May 28, 2008 Request to Proceed with Topsoil Stripping and Grading _ Lindvest Properties Limited Attachment 2 - Key Map Attachment 3 - By-Law authorizing the Mayor and Clerk to execute the Agreement of Understanding between Lindvest Properties Limited and the Municipality of Clarington lindvesl ATTACHMENT NO.:1 REPORT NO.: EGD-027-0B May 28, 2008 Municipality of Clarington Department of Public Works 40 Temperance Street Bowmanville, Ontario L1C3A6 Attention: Ms. Leslie Benson, P. Eng. Transportation and Design Manager Re: Foster Creek North. Phase 1 Lindvest Properties (Clarington) Limited Draft Plan of Subdivision 18T -89059 Request to Proceed with Topsoil Stripping and Grading Dear Leslie: Thank you for meeting with us and Bob Annaert on May 12, 2008 to discuss the development approval status; the status of the preparation of the Subdivision Agreement; and the requirements of the Municipality to proceed with site preparation works. The discussions and approximate time lines to complete the planning and engineering approval process to the ultimate goal of obtaining a Subdivision Agreement and registration of the plan of subdivision for Phase 1 were very helpful. While significant progress has been made to satisfy the various draft plan conditions leading to the completion of a Subdivision Agreement, it was evident given staff time constraints and normal approval processing time frames, it would not be possible to have a Subdivision Agreement provided for execution until late July or August 2008. While this time frame appears to be acceptable for the start of underground servicing and road construction, a significant time is required in advance of those works including site preparation, tree clearing, installation of erosion control measures; topsoilstripping'and'stockpiling; and' the' roughgTading of the site prior to the start of underground servicing. As such, we respectfully request that the Municipality allow us to proceed with the site works in advance of the subdivision agreement. It is our hope to commence with the site works in late June, which in turn would allow us to service the site once the subdivision agreement is available. This schedule would allow time to complete the installation of the underground services and road work by December 2008 for building permit availability. We believe that the engineering review and approval process is far enough along to allow the site preparation work to begin. In this regard, we advise as follows: 3625 DUFFERIN STREET' SUITE 405 . DOWNSVIEW . ON . M3K 1N4 TEL: 416.635.7520 . FAX: 416.635.9921 Page 2 . A Tree Preservation Plan has been prepared, submitted, and reviewed by the Municipality to ensure that the site clearing activity will not impact any trees identified to be preserved. . In the engineering review process, we have now received 2nd submission comments from the Municipality which require only limited revisions for approval. There are no major issues with respect to road grades or lot grades which would impact on the rough grading of the site. . A permit has been issued by the Ganaraska Region Conservation Authority (copy attached) for the installation of erosion control measures, topsoil stripping and stockpiling, and rough grading of the site based on Erosion and Sediment Control Plans submitted to the Municipality and GRCA. As discussed in our meeting, the limits of the site preparation and rough grading work, must include all of Phase 1 and Phase 2, south of proposed Grady Drive (see attached plan). While the Subdivision Agreement will be limited to the registration of Phase 1, earthworks for Phase 1 cannot balance within the limits of it's registration. The existing topography and proposed road and lot grading is such that Phase 1 has a shortage of approximately 78,000 cubic metres of fill required, while Phase 2 has an excess cut of a similar volume. Therefore, we have proposed the grading of both Phase 1 and Phase 2 at this time in order to balance the earthworks operation by removing the excess cut on Phase 2 and placing it as the fill required for Phase 1. This operation is not only the most cost effective, it will also allow the cut and fill grading to remain on site, rather than importing fill into Phase 1 and exporting cut from Phase 2 by a trucking operation that would be a nuisance and source of potential complaints by neighbouring residents. Please note that all site preparation work would be limited to within the development site. The off-site Phase 1 grading and servicing of Rudell Road and the Rudell Road Stormwater Management Pond would not be initiated without an executed Subdivision Agreement. Prior to the start of the site preparation work, we are prepared to issue a security in the form of a Letter of Credit to the Municipality. This security would secure the site restoration works of the area to be disturbed. These restoration works would cost in the order of$340,OaO. A copy ofthe estimate for this securitY is attached for your use and information. Should there be complaints respecting dust, mud on existing roads, etc., these complaints would be dealt with expeditiously as required with water trucks, dust reduction with calcium, and street sweeping and cleaning. It is also our intention to hydro-seed the Phase 2 lands so as to minimize dust that may be generated following the initial site works. Given the above, your assistance in allowing us to proceed with site works in order to achieve our target construction dates would be greatly appreciated. If we are unable to proceed with the site preparation until a Subdivision Agreement is '. Page 3 available for execution in late July or August 2008, the services and road construction will not be completed this year and we would be forced to service the site next year. Should you have any questions or require anything further to process this submission, please don't hesitate to contact us or Bob Annaert at your convenience. Yours truly, Lindvest Properties (Clarington) Limited "t:fdCL~ 4/y;~ Dianne Hipwell, MCIP, RPP Development Manager cc. Mr. Bob Annaert, DG Biddle & Associated Limited Mr. Larry Taylor, Planning, Town of Clarington J / ~ 1'\. ~ 17 !1 --~-- ~ ~ \ ~- '-. 8t L ~~~"".oo.<l"" ! 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"- Fro L =I....L ....J..L.J. b!1 . . /,// ... ~r--'-- I '~.: J'~~-1 ~/r"--r ..'1:..... .J-9 !_______ -J 'I ~;sY:/ ~',.,'f1}/ JI~. /;: '. '~all,I~W~ ,~o i~i"'M "!~irf~ "".oYEe r.lo~~ ng ,["!"'''',~ . , . , ~'''', L""l' . 1J'':'1.'"1 -i!i!Ii!!~~~ · KEY MAP NEW~snE!~J~~ " r-- N W~E s 1 DATE: June 6, 2008 REPORT EGD-027-08 ATTACHMENT ~~;c~ments\FOsterCkNthmxd ATTACHMENT NO.:3 REPORT NO.: EGD.027-08 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2008-XXX Being a By-law to authorize the execution of an Amending Agreement of Understanding between the Corporation of the Municipality of Clarington and Lindvest Properties Limited for the purpose of cut, fill and pre-grade on a future development site in the Foster Creek North Subdivision (18T-89059). WHEREAS the Council of The Corporation of the Municipality of Clarington has approved the recommendations of Report EGD-027-08, including the recommendation that the Corporation of the Municipality of Clarington enter into an Agreement of Understanding for the purpose of filling a future development site in the Foster Creek Neighbourhood. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. The Mayor and Clerk are authorized to execute an Amending Agreement of Understanding between the Corporation of the Municipality of Clarington and Lindvest Properties Limited (18T-89059). BY-LAW read a first and second time this XXlh day of XXXX, 2008. BY-LAW read a third time and finally passed this XXlh day of XXXX, 2008. Jim Abernethy, Mayor Patti L. Barrie, Municipai Clerk