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Home My WebLink AboutPSD-060-11 Ciarn��.�///n Leading the Way V REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 27, 2011 Resolution # By-law #: X)/ -073 Report#: PSD-060-11 File #: 18T-94027 CPS -474.41 Subject: AUTHORIZATION TO EXECUTE SUBDIVISION AGREEMENT CLARET INVESTMENTS DRAFT APPROVED PLAN OF SUBDIVISION 18T-94027 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-060-011 be received; and 2. THAT the Mayor and Clerk be authorized to execute the Subdivision Agreement with the Owner of the lands subject to Draft Plan of Subdivision 18T-94027. Submitted by: � �.f 'eviewed by: a 1 W't -6: J. Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer June 21, 2011 CP/av/ah/df CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 REPORT NO.: PSD-060-11 PAGE 2 1.0 BACKGROUND 1.1 Draft Approved Plan of Subdivision 181-94027 was considered by Council in September 1998. Based on staff comments, Council recommended to the Ontario Municipal Board (OMB)that the Plan of Subdivision be approved, subject to conditions. Although the appeal was originally filed by the applicants for failure by Council to make a decision, at the hearing Ms. Racansky participated in objection to the Planning applications. In July 1999, the OMB approved the proposed plan of subdivision subject to conditions. 1.2 At the time of the hearing the Board had two proposed Plan of Subdivision applications before it by the same applicant. Both proposed Plan of Subdivision applications, 181-92014 and 181-94027 were within the Hancock Neighbourhood, see Attachment No 1. 1.3 One of the conditions of draft approval required by the Municipality for 18T-94027 stated: "29. That the Owner agrees to be responsible for the extension of Street "A"from the southerly limit of this draft plan to the northerly limit of draft plan of subdivision 18T-92014. Street "A" must be constructed to a full urban profile to serve as a link for transportation, watermains, sanitary sewers, storm sewers, utilities and as a pedestrian link to the Neighbourhood Park. The required road extension must be included in the development agreement and must be constructed during the initial stage of development." 2.0 STAFF COMMENTS 2.1 Council's consideration of the application for Draft Plan of Subdivision was shortly after the Clarington Official Plan was originally approved in 1996. Sometime following the draft approval of the two plans of subdivision by the OMB, the Ministry of Natural Resources advised that parts of the Hancock Neighbourhood were within a Provincially Significant Wetland (PSW). Although the PSW designation is not located on either of the lands subject to draft approval, it does impact lands between the two subdivisions that would be traversed by the road and service infrastructure required by condition 29 identified above. 2.2 About eighteen months ago the Owner's agent approached the Municipality regarding preparation of a subdivision agreement for draft approved Plan of Subdivision 18T- 94027. With the identification of the PSW following the issuance of draft approval by the OMB, municipal staff and Conservation Authority staff had concerns with implementing condition 29 above. REPORT NO.: PSD-060-11 PAGE 3 2.3 Originally the Owner's agent preferred to include the construction of the full road connection and all services as part of the development. To this end, environmental work was undertaken to indicate that the road connection would have no impact on the PSW. This was not satisfactory to CLOG staff and the Municipality's environmental review consultant. Ultimately however staff negotiated that only the sanitary sewer, municipal water system, storm sewer and a pedestrian connection would cross the PSW. This 'service corridor' significantly reduces the impact to the PSW by reducing the width of the disturbance, providing restoration to the area and not having a road bi- sect the PSW. Also by not allowing other utilities to be located within this corridor, there is less potential impact in the future as a result of maintenance or future service upgrades. 2.4 The services connecting the two plans are on lands beyond the limits of the two subdivisions. The Owner's agent has negotiated for the lands required to accommodate the services to be transferred directly to the Municipality. The Owner proposes to construct the required services within the corridor between the two subdivisions as Phase I of the subdivision agreement for 18T-94027. 2.5 In consideration of the identification of the PSW subsequent to the subject lands having received draft approval, staff consider the above revision to condition 29, to eliminate the road and only allow the service and pedestrian connection between the two plans of subdivision appropriate. 3.0 CONCLUSION 3.1 That Council authorize the Mayor and Clerk to execute a subdivision agreement between the Owner of the lands of draft approved Plan of Subdivision 18T-94027 and the Municipality of Clarington. 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SQS!i Attachment 2 To Report PSD-060-11 1 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2011- being a by-law to authorize entering into an Agreement with the Owners of Plan of Subdivision 18T-94027 and any Mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of 18T- 94027 and required external servicing WHEREAS the Council on September 28, 1998, recommended approval of draft Plan of Subdivision 18T-94027, located in part Lot 28, Concession 3, former Township of Darlington; AND WHEREAS, the Ontario Municipal Board granted Draft Approval to Plan of Subdivision 18T-94027 on July 28, 1999; AND WHEREAS, the Owner(s) of draft Plan of Subdivision 18T-94027 is now ready to proceed to finalize the subdivision agreement; NOW THEREFORE, the Council of the Corporation of the Municipality of Clarington 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 Corporation's seal, an Agreement between the Owners of Plan of Subdivision 181-94027. 2. THAT the Mayor and Clerk are hereby authorized to accept, on behalf of the Municipality, the said conveyances of lands required pursuant to the aforesaid Agreement. BY-LAW read a first time this day of 2011 BY-LAW read a second time this day of 2011 BY-LAW read a third time and finally passed this day of 2011 Adrian Foster, Mayor Patti L. Barrie,Municipal Clerk