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Home My WebLink About09/08/2009 (Special) Clarln ~~Wnn Ener i~ n Ontario~/ g g SPECIAL COUNCIL MEETING DATE: TUESDAY, SEPTEMBER 8, 2009 TIME: 1:00 P.M. PLACE: COUNCIL CHAMBERS MEETING CALLED TO ORDER INVOCATION DISCLOSURE OF PECUNIARY INTEREST STAFF REPORT(S) 1. Addendum to Report PSD-077-09 -Revision to Assumption Agreements to Permit the Development of Commercial Land BY-LAWS CONFIRMING BY-LAW ADJOURNMENT CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 Yr~ rin ni-nn Clar~ngton .Leading the Way REPORT PLANNING SERVICES Meeting: SPECIAL COUNCIL Date: Tuesday, September 8, 2009 Report #: Addendum to File #: SPA 2006-0018 By-law #: Report PSD-077-09 Subject: .REVISION TO ASSUMPTION AGREEMENTS TO PERMIT THE DEVELOPMENT OF COMMERCIAL LAND RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT the Addendum Report to PSD-077-09 be APPROVED; 2. THAT Council PASS By-laws (Attachment 2 & 3) to AUTHORIZE the Mayor and Municipal Clerk on behalf of the Municipality of Clarington to EXECUTE the Assumption of Agreement Principles of Understanding, as Amended, and the Assumption of .Agreement Subdivision/Consent Agreement between the Municipality, Bowmanville Investments Inc., Players Business Park Ltd. and West Diamond Properties Inc.; 3. That Council repeal By-law 2009-112 (Attachment 4); and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: ~ ~^`~-~ Dav' . Crome, , RPP Franklin Wu, Director of Planning Services Chief Administrative Officer PW/COSDH/df September 4, 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 ADDENDUM TO REPORT NO.: PSD-077-09 PAGE 2 ADDENDUM TO REPORT NO.: PSD-077-09 PAGE 2 1.0 BACKGROUND 1.1 On July 13~h, 2009, Council passed By-Law 2009-112 authorizing the Mayor and Clerk to execute Assumption Agreements dealing with the transfer of obligations, for the development of commercial lands within the Bowmanville West Town Centre, from Players Business Park Ltd. and West Diamond Properties Inc. (hereafter referred to as Players/West Diamond) to Bowmanville Investments Inc. The Assumption Agreements identify which obligations Bowmanville Investments Inc. will take on, which obligations will remain the responsibility of Players/West Diamond and which obligations are discharged by reason of performance. 1.2 During their review of the Principles of Understanding and the Subdivision/Consent Agreement, Bowmanville Investments Inc. requested that a number of clauses be added to the Assumption Agreements. The principal amendments requested are as follows: 1.3 Firstly, that prior to Site Plan approval for Phase 2 (see Attachment 1) of the subject lands, the Municipality agrees to review the recital within the Principles of Understanding which grants the Municipality the option to acquire and convert the private roads to public roads when intensification of the commercial lands takes place. The purpose is to establish a grid system of roads at that time. A review of the option to purchase the private roads, granted by Players/West Diamond to the Municipality, in connection with the development Phase 2, would be appropriate. Amongst other things, the private roads define in part the site in which the Loblaws Superstore and associated parking had originally been proposed. 1.4 Secondly, that the Municipality will be willing to consider modifications to the Concept Plan for development which are generally in keeping with the Concept Plan. The original Concept Plan for development included a Loblaws Superstore on part of the easterly portion of the subject lands. Since that development will not occur changes will need to be made to the Concept Plan. 1.5 All major Site Plan issues have been resolved and the final technical review of the revised Site Plan submission is nearing completion. The issuance of Conditional Site Plan approval is anticipated upon receipt of the final revised plans and drawings. 1.6 Bowmanville Investments Inc. has submitted both a Site Servicing Permit and a Building Permit with the Clarington Building Division. The developer has stated that they cannot proceed with site servicing of the subject lands until the matter of the revised Assumption Agreements has been satisfactorily resolved. It remains the developer's intention to begin construction of the building by early October, 2009. 2.0 CONCLUSIONS AND RECOMMENDATIONS 2.1 The requests made by Bowmanville Investments Inc. are reasonable and it is recommend that Council approve the Assumption of Agreement Principles of ADDENDUM TO REPORT NO.: PSD-077-09 PAGE 3 ADDENDUM TO REPORT NO.: PSD-077-09 PAGE 3 Understanding, as Amended, and the. Assumption of Agreement Subdivision/Consent Agreement between the Municipality, Bowmanville Investments Inc., Players Business Park Ltd. and West Diamond Properties Inc. together with any necessary and ancillary changes. 2.2 It is recommended that Council pass By-laws to authorize the Mayor and Clerk to execute the Assumption Agreements referred to in Paragraph 2.1 on behalf of the Municipality. 2.3 It is also recommend ;that Council REPEAL By-law 2009-112. 2.4 Copies of the above referenced Assumption Agreements are on deposit with the Planning Services Department. Attachments: Attachment 1 - Map Attachment 2 - By-law to Authorize Execution of Assumption of Agreement Principles of Understanding Attachment 3 - By-law to Authorize Execution of Assumption of Agreement Subdivision/ Consent Attachment 4 - By-law to Repeal By-law 2009-112 List of interested parties to be advised of Council's decision: Players Business Park Ltd., c/o Metrus Development Inc. West Diamond Properties Inc.; c/o Metrus Development Inc. Smart!Centres, ATTN: Anne Messore i ._. ~ i Attachment 1 To Addendum Report PSD-077-09 Rr1RPnRGTIf1N hF TRF MI INICIP41 ITV nF f'1 eDIAI!_TnAI To Addendum Report PSD-077-09 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2009- being a By-law to authorize the Mayor and the Municipal Clerk on behalf of the Municipality of Clarington to execute an Assumption of Agreement Principles of Understanding, as Amended, between the Municipality, Bowmanville Investments Inc., Players Business Park Ltd. and West Diamond Properties Inc. WHEREAS Council of The Corporation of the Municipality of Clarington has approved the recommendations contained in the Addendum to Report PSD-077-09 at its Special Meeting of Council on September 8, 2009; NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the Municipality of Clarington enacts as follows: t. That the Mayor and the Municipal Clerk are authorized on behalf of the Municipality of Clarington to execute an Assumption of Agreement Principles of Understanding, as Amended, between the Municipality, Bowmanville Investments Inc., Players Business Park Ltd. and West Diamond Properties Inc. BY-LAW read a first time this 8`n day of September 2009 BY-LAW read a second time this 8`n day of September BY-LAW read a third time and finally passed this 8tb day of September 2009 2009 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk CORPORATION OF THE MIINICIPAI ITV nF CI nRlnirrnni CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2009- being a By-law to authorize the Mayor and the Municipal Clerk on behalf of the Municipality of Clarington to execute an Assumption of Agreement Subdivision/ Consent Agreement, between the Municipality, Bowmanville Investments Inc., Players Business Park Ltd. and West Diamond Properties Inc. WHEREAS Council of The Corporation of the Municipality of Clarington has approved the recommendations contained in the Addendum to Report PSD-077-09 at its Special Meeting of Council on September 8, 2009; NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the Municipality of Clarington enacts as follows: To Addendum Report PSD-077-09 1, That the Mayor and the Municipal Clerk are authorized on behalf of the Municipality of Clarington to execute an Assumption of Agreement Subdivision/Consent Agreement, between the Municipality, Bowmanville Investments Inc., Players Business Park Ltd. and West Diamond Properties Inc. BY-LAW read a first time this 8~n day of September 2009 BY-LAW read a second time this Stn day of September 2009 BY-LAW read a third time and finally passed this 8~n day of September 2009 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk To Addendum Report _ _ _ _ _ _PSD-077-09 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2009- being a By-law to repeal By-law 2009-112 WHEREAS at its special meeting Council approved Addendum to Report PSD-077-09; WHEREAS Council of The Corporation of the Municipality of Clarington has approved the recommendations contained in the Addendum to Report PSD-077-09 at its Special Meeting of Council on September 8, 2009; NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the Municipality' of Clarington enacts as follows: 1. That By-law 2009-112 be repealed. BY-LAW read a first time this 8tb day of BY-LAW read a second time this St" day of BY-LAW read a third time and finally passed this September 2009 September 2009 8`n day of September 2009 Abernethy, Mayor Patti L. Barrie, Municipal Clerk SUMMARY OF BY -LAWS September 8, 2009 BY -LAWS 2009 -118 Being a By -law to authorize the Mayor and the Municipal Clerk on behalf of the Municipality of Clarington to execute an Assumption Agreement respecting the Principles of Understanding, as Amended, between the Municipality and Bowmanville Investments Inc. 2009 -119 Being a By -law to authorize the Mayor and the Municipal Clerk on behalf of the Municipality of Clarington to execute an Assumption Agreement respecting the Subdivision /Consent Agreement, between the Municipality and Bowmanville Investments Inc. 2009 -120 Being a By -law to repeal By -law 2009 -112