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HomeMy WebLinkAboutEGD-032-08 - Cl~mglOn REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Report #: EGD-032-08 File#: Resolution #: ~ rA -4-'3 \~ D5 By-law #: ~.:C'O ~ - \ '1 '0 Date: Monday July 7, 2008 Subject: AMENDING AGREEMENT OF UNDERSTANDING FOR NORTHGLEN WEST SUBDIVISION - BAYSONG DEVELOPMENTS INC. Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-032-08 be received; 2. THAT the Mayor and Clerk be authorized to execute, on behalf of the Corporation of the Municipality of Clarington, the Amending Agreement of Understanding with Baysong Developments Inc. for the grading works and the erosion and sedimentation control works on the draft approved Northglen West Subdivision; 3. THAT Council approve the by-law attached to Report EGD-032-08 to confirm its decision to enter into the Amending Agreement of Understanding with Baysong Developments Inc.; and 4. THAT Baysong Developments Inc. be notified of Council's decision and that the Amending 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-032-08 Page 2 Respectfully by, ~~- Submitted by: A.S. Cannella Director of Engineering Services o~~ Reviewed by: Franklin Wu Chief Administrative Officer ASC/jo June 19, 2008 Report #EGD-032-08 Page 3 1.0 BACKGROUND 1.1 The Northglen West subdivision is located north and east of Concession Road 3 and Regional Road 57 in Bowmanville. The development was draft approved in April 2008, and an Agreement of Understanding was entered into with the Municipality whereby Council approved the clearing and grubbing of Phase 1 lands (see Attachment 1). That work has now been completed. 1.2 The owner, Baysong Developments Inc., has subsequently requested that the Municipality approve an Amending Agreement of Understanding to permit them to pre-grade the site within Phase 1 lands plus the proposed school block. Approximately 50,000 cubic metres of surplus fill will result from the grading operation. This excess fill will be stockpiled and ultimately used on the school block.. All erosion and sedimentation controls remain in place (and secured for) under the original Agreement of Understanding. 1.3 The developer has submitted a cost estimate for the stabilization of the disturbed areas. They are prepared to post a $222,000 Letter of Credit for these works which can be drawn upon in the event that they do not comply with the Amending Agreement of Understanding. The Letter of Credit in the amount of $100,000.00 under the original agreement remains in place for erosion and sediment controls. 1.4 Similar Agreements of Understanding were recently entered into by the Municipality for works very similar to this request in the Courtice area and the Newcastle area. 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 Amending 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 Report #EGD-032-08 Page 4 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 Amending Agreement of Understanding with Baysong Developments Inc. for pre-grading works on the Northglen West Phase 1 lands 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 - Key Map Attachment 2 - By-Law authorizing the Mayor and Clerk to execute the Amending Agreement of Understanding between Baysong Developments Inc. and the Municipality of Clarington I I f}lz; r::-r- r-- r-- ./ ~ l- t: = LlL t.:::: ~ Uljjj ~~ 1= ;::: i} 'r- ( Jrr r-- ~ "- 'T '" "-I. '/ - - I 1 ...... '/ -III "'-i. - -7) ./ ~ - 1IIII I111I111 J == '- - HII >- I- l-L--- ~ --- ,V ~ I--! ~ g 1--10- h"'j ~ '" 1\ 'r ~t ~ \"!I~t. Northglel!LNelg our 00 P.hase 1 ",-',lilli/un +- -I ~ ~:::: J7Ir = == L.---- _ 1IIIIIIl\"= I111I11 1111II ~~ ~~ F= -Y/'! !lilll!II!1 - ~ i--- ( \~ I '\7',.....-- I L.J rT"'J !~\~!Jl ,',. 'JI ~. i' Z"~~"Bij !~_.-t~~c~u I -1--,-- ',~,~;,J,'~'oj r '--'~"" I~~ I ,/, "\0:: -II' ~ ",' /~ ~ , 1- <.J~yc)~ ~ _~ i(! ,,' .' ~I I I i i::'~j ~VJ' 'I I . I I~~ ,t:;B I I! '*f" ,- ~~J___J=\ 'I I h I I, '8 r , "1 \.Ie c II I I : t='-1:~t,:=j, '~j~ni";RIIII:~, ',_ "11!fiIiUlII: -Ii! , il ;~" =;rl*i'!~~r~~~ I' 1 ,~, i 1/ ,,:20\'111 II r=cm,:r ~~I~_ 'j \ "s,: !m. un BOWMANVILLE..:;' ~ I ~ I \' 1\ '\ Cone Rd 3 - ~ 1-'111/111 t;=N/ t:::::; ~ , --I F l= I L '" cr: III t::.IL ~ I- Iii P~f- /:--1, j!li li!I,:E I III Z t::: --' ~ = =:: -1111 If! -i:!11 III ~ C"'.t= I IL = IIII II HIT ~ lU I I I I I I I III1I11 JT IT ==- ~ t= =::= f= = F - - ::=:: F ==- [, ~ J::::>.I 1 1 N W~E S DRAWN BY: E.l. I DATE: June 26, 2008 KEY MAP REPORT EGD-032-08 ATTACHMENT NO.1 t G:\PMS.Base\Atlachments'Northglen.mxd ATTACHMENT 2 REPORT EGD-032-08 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 Baysong Developments Inc. for the purpose of pregrading a future development site in lhe Northglen West Neighbourhood. WHEREAS the Council of The Corporation of the Municipality of Clarington has approved the recommendations of Report EGD-032-08, including the recommendation that the Corporation of the Municipality of Clarington enter inlo an Amending Agreemenl of Understanding for the purpose of pregrading a future development site in the Northglen West Neighbourhood. NOW THEREFORE the Council of the Corporation of the Municipality of Claringlon 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 Claringlon and Baysong Developments Inc. BY-LAW read a first and second lime this 14th day of July, 2008. BY-LAW read a third lime and finally passed this 14th'h day of July, 2008. Jim Abernethy, Mayor Palli L. Barrie, Municipai Clerk