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HomeMy WebLinkAboutWD-66-97,.. THE CORPORATION OF THE NUNICTPALITY OF CLARINGTCN REPORT Meeting: COUNCIL Date: OCTOBER 14, 1997 Report #: x-66-97 File #: File # REPORT #2 "/ Res. # _ By-Law # Subject: EIRAM DEVELOPMENT CORPORATION MEARNS AVENUE STORM SEWER OVERSIZING AND TRIBUTARY STORMWATER MANAGEMENT WORKS, SUBDIVISION AGREEMENT PROPOSED AMENDMENT TO THE DEVELOPMENT CHARGES BY-LAW Recommendations: It is respectfully recommended to Council the following: 1. THAT Report WD-66-97 be received; 2. THAT Council pass an amendment to the Development Charges By- law (By-law No. 92-105, as amended) to add Schedules identifying relevant benefiting areas and the following services to the designated services which are now referred to in the By-law: • Stormwater Management Facility and all associated works, located adjacent to the east side of Mearns Avenue, approximately 800 metres south of Concession Road 3; • Trunk storm sewer on Mearns Avenue from approximately 500 metres south of Concession Road 3, southerly approximately 89 metres; • Trunk storm sewer on Mearns Avenue from approximately 589 metres south of Concession Road 3, southerly approximately 113 metres; • Trunk storm sewer on Mearns Avenue from approximately 702 metres south of Concession Road 3, southerly approximately 92 metres; • Trunk storm sewer on Mearns Avenue from approximately 794 metres south of Concession Road 3, southeasterly P.oE E° ® at~,.,. Yt'fi PfHtT NO : kID 6~ 97 g ~. appro$imately 24 metres. 3. THAT Council pass the necessary by-laws to authorize the Mayor and Clerk to enter into a front-ending agreement with`$fram Development Corp. in respect of the works or services referred to in Reca~endation No. 2, the: coat of which has been front- .. .ended by the owner as detailed in the Report dated June, 1497., and prepared by Valdor Engineering Inc. .and G.M. Sernaa & Associates Ltd. 4. THAT the term of the front-ending agreement .referred o in this<Report be 15 years; 5. THAT a copy of this report be sent to Eiram Development Corp., 1.4 ATTACHNNNT Attachment No. 1: Nap showing owners' lands and benefiting lands to which the reccuamended front- ending agreement. will. apply... 2.D Bh~OI#!ID 2.1 Prior to the enactment of the Development Charges Act, 1489,. the Municipality regularly made subdivision agreements under the Planning Aet with .owners under which works that were external to lands within a particular plan o£ subdivision or were. oversized to accommodate future development upstream of the lands within that subdivision, would be paid-for by the :owner who wished to develop first. Usually,..the subdivision agreements provided that the Nunicipality would use its best j u' to collect appropriate amounts. of money from other ` i persons as their lands develop and pay the amounts e to the owners who front-ended the cost a 2.2 Council 11 recall that the Development Charges Act, 1989„ in effect a it impossible for the Municipality to :use "best endeavou ".clauses in subdivision agreements after November 23, 199]~I. Instead, it required that if front-ending agreement were to be made with a municipality respecting external. pr oversized works, they would have to be made in accordanc' with Part II of the Development Charges Act. The' first. st p that would have to be taken would be for the Mnnicipa 'ty to enact or amead a development charge by-law which inc uded as adesignated-service the work proposed to be front-en by a particular owner which would be the subject of a fronj~-ending agreement under the Act. 2.3 _ do April ~, 1991, the Municipality enteredinto a subdivision agreement, with the owner of the lands in Draft Plan of 5ubdivisi~n 18T89041. It provided for the owner to front-end the_cost 'of certain external and/or oversised Works. The agreement,which was made in contemplation of the-prohibiting provision;!of the Development. Charges Act, 19.89, referred to the abov~l coming into force on November 23, 1991. The agreement stated that, without imposing a legal obligation on the Munk} pality, if the Municipality enacted a development charge bylaw, that the Municipality and the owner intended to enter intq~ a front-ending agreement under the Act with a term not to exj~eed 10 years from the date of the later to occur of the issua~-ce of a Certificate of Completion with. respect to the Work in question and the date of enactment of the Municipal~,ty~s Development. Charge By-law. 2.4 Sxternal ~,-and/or oversized services under the subdivision agreement, referred to in paragraph 2.3 either are being constructed ar have been completed. in each case, the cost T NO.s .WD-G~-97 PiIG$,4 has been front-ended by the owner. In order fox the owner to collect front-ending payments-from other :benefiting owners, it is necessary for afront-ending agreement to be made under the Develop ant Changes Act. a 2.5 The owner of the ianda referred to in paragnapb 2.4 has incurred coats for front-ending certain services and has requested that .the Municipality enter into a front-ending agreement to give effect to cost-sharing principles set out in front-ending agreement reports prepared by Valdor Engineering Inc. and G.M. Sernas & Associates Ltd. and dated June, 1947. 2.fi Staff hae reviewed. and. approved the coat-sharing principles and data of .the following.. reports prepared ,by Valdon Bngineering Inc. and G.M. Barnes & Associates Ltd. dated June, 1997, and on file with this department. It is reccsunended that these principles aad data. be included in afront-ending agreement with the. owner. 2.7 As; indicated above, generahy the subdiviaion'agneements respecting .the draft plans o€ subdivision referred to in paragraph-2.5 contemplated that the front-ending agreement in the case ,of the Works in question, staff are of the opinion that the term of the front-ending ..agreement should be 15 years. 2.S Notice has been given of a public meeting to be held by Council to consider aubmiasions from mesabers of the public respecting a proposed amendment to the Municipalty~$ Development Charge By-law (By-law No. 92-105, as .amended) to add the following designated services to the by-law as a first step to the-making of a front-ending agreement between the Municipality and. the owner. • Stormwater Management Facility. and. all asaQCated works, located adjacent to the east aide of Hearne AvAsnue, approxi-mately 800. metres outh of Concession Road 3; • Trunk storm sewer on MearnE; Avenue fx~a approximately 500 REPORT NO, s WD-66-97 gig' S metres south of Concession Road 3, southerly .approximately 89 metres; • Trunk storm. sewer on Hearne Aveaue from approximately 589 metres. south of Concession Road 3, southerly approximately 113 metres; • .Trunk storm sewer on Meares Avenue from approximately 702 metres south of Concession Road 3, southerly approximately 92 metres; • Trunk storm sewer on Mearna Aveaue from approximately 794 metres south of Concession Road 3, southeazterly approximately 24 metres. 3.0 CONCLIISI~I 3.1 It is respectfully recommended that Council pass an appropriate amendment to By-law No. 92-105, as amended, to give effect to the recommendations contained in this report. 3.2 It is also respectfully recommended that Council appr©ve the making of a front-ending agreement under the Development Charges Act. with Eiram Developanent Corp. and pass the necessary by-law to authorise the Mayor sad Clerk to execute the same on behalf of the Municipality. Respectfully submitted, Reviewed by, -~,/ Steph~okes, P.Enq., Director of Public Works W.H. Stocl yell, Chief Administrative Officer A~EzSAVz jco dctober 8, 1997 pa: Eram Development Corp. ~, I~ I ICO NC£98ION I eOAD NwJ L_J__----__ I qC~ _~ y ____ _ -_ L j ~~ A ~ -,^~Ue~ s ~~z W v Y ~ I I I 1Ti I ' J 1 1 +yj ~~ m O I '(~]I ~ ~ ..m ~ >(9.17 ho II t~~t44 E i ~ ~ T~ ~r T.> ~ x y~ R~+a _ - _ - -_ I - ~I g _ I JI' ~~~ ~~ I _ ~ Tae na _ I 6 II yy "~ I 1 HIII `t ~1 ~ __ ~ ~- U I i++.Jnt++i( _ _ ~ -rT.NI ~~- ~ .^: lye la'S,'~17A?[T~, 1r*~ -'~~ e LAND OWNERSHIP OA EIRAM DEVELOPMENT CORP. (b59J no) OE CAROL M. WDNNACOTT (9n no) ANGELA M. WONNACOTT BO 924060 ONTARIO L@ (tse m) BLAYNE FLINT t BL9M-aaoos BRIAN BCKLE FRANK WONN ACDTT (rose na) O SCHICKEDANZ BROS. LID. (a.ea xo) IBT-95005 O 819363 ON'ARID INC. (t 0.2a na) N TRUST '9t-090Ba LEGEND lV1E CORPORAt1ON OF THE MJYICIPAUTY DP CLARINGTON Public Warks Department a, a= BENEFITTNG AREAS FOR ;~ ;, is OWNER'S AREA MEARNS AVENUE O BENEFITTING AREAS STORM SEWER WORKS OVERSIZING AND ~ sEWF'R woRKS STORM WATER MANAGEMENT FACILITY REPORT N0. WD-66-97 ATTACHMENT N0. 1 ~~ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Memorandum To: W. H. Stockwell, Chief Administrative Officer From: Stephen A. Vokes, Director of Public Works Date: October 9, 1997 Our File: AD.55.04 Subject: REPORTS FOR SUBMI SSION TO THE COUNCIL MEETING OF OCTOBER 14, 1997 Attached is a Public Works' Report which I recommend for submission to the Council meeting of October 14, 1997: WD-66-97 EIRAM DEVELOPMENT CORPORATION MEARNS AVENUE STORM SEWER OVERSIZING AND TRIBUTARY STORMWATER MANAGEMENT WORKS, SUBDIVISION AGREEMENT PROPOSED AMENDMENT TO THE DEVELOPMENT CHARGES BY-LAW Yours truly, Enc. I tephen A. Vokes Director of Public Works SAV:ce pc: Mayor Diane Hamre (Copy of Reports) Councillor Carson Elliott (Copy of Reports) Marie Knight (Memo Only)