HomeMy WebLinkAboutEGD-006-13 (t0 OROMPORT
Leading the Way ENGINEERING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, February 25, 2013 0-
Report#: EGD-006-13 File #: By-law #:
Subject: PROPOSED FRONT-ENDING AGREEMENT BETWEEN THE MUNICIPALITY
OF CLARINGTON AND GREEN MARTIN HOLDINGS LTD., ASPEN SPRINGS
WEST LTD. AND WEST DIAMOND PROPERTIES INC.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-006-13 be received;
2. THAT Council approve the recommendations of the Cost Sharing and Backup
Documentation — Darlington Green Subdivision dated May 2010;
3. THAT Council pass a by-law to authorize the Mayor and the Municipal Clerk on behalf
of the Municipality of Clarington to execute the Front-Ending Agreement with Green
Martin Holdings Ltd., Aspen Springs West Ltd. and West Diamond Properties Inc.; and
4. THAT all interested parties listed in Report EGD-006-13 be advised of Council's
decision.
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Submitted by: A.S. Cannella, C.E.T. Reviewed by: Franklin Wu,
Director of Engineering Services Chief Administrative Officer
ASC/LJB/bc
January 22, 2013
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282
REPORT NO.: EGD- 006 -13
PAGE 2
1.1 West Diamond Properties Inc., Green Martin Holdings Ltd., and Aspen Springs West
Ltd. ( "Developers ") were developers of certain lands within the Municipality of Clarington
north of Baseline Road and east and west of Green Road:
West Diamond Properties Inc. (shown in red on Attachment 1)
40M -2446, 40M -2378, 40M -2405 (all within draft Plan 18T- 90051)
Green - Martin Holdings Ltd. lands (shown in yellow on Attachment 1)
40M -2087 (draft Plan 18T- 88047)
Aspen Springs West Ltd. lands (shown in gold on Attachment 1)
40M -2214 (draft Plan 18T- 96014)
40M -2185 (draft Plan 18T- 90050)
1.2 The Developers (the then Owners), entered into Subdivision agreements with the
Municipality registered as Instruments DR221727 dated September 17, 2003 (Aspen);
LT834060 dated October 21, 1997 (Green - Martin); and DR711139 dated May 15, 2008
(West Diamond), wherein the Owners were responsible for the construction of certain
oversized works comprising stormwater management facilities, road construction, storm
sewer oversizing and hydro pole relocation ( "Services "). The Owners front -ended the
cost of the Services which were required to service the Darlington Green Subdivision,
Clarington Corners Subdivision and Aspen Springs West Subdivision and which will
benefit the owners of other lands to the south of those subdivisions. The construction of
the Services has been completed.
1.3 Specifically, the developer was required to construct the following works for the benefit
of two adjacent potential development properties owned by the Witzke family and the
Bozanis family:
REPORT NO.: EGD- 006 -13
PAGE 3
- oversizing of the Western Detention Pond located on the south side of Baseline
Road east of Green Road within the subject subdivision lands (shown in blue on
Attachment 2).
- oversizing of the storm sewers through Aspen Springs West and Darlington Green
Subdivisions to which future development will connect and which outlet to the
detention pond (shown in red on Attachment 2).
- construction to a full urban standard (including sidewalks, streetlighting, driveway
aprons, street trees and service stubs) of one residential street which will benefit one
external property owner (shown in gold on Attachment 2).
- the relocation of an existing hydro pole line on Green Road which benefits all
development west of Green Road south of the Darlington Green Subdivision (shown
in purple on Attachment 2).
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1.4 The construction of these oversized works will eliminate the need for:
- additional stormwater management (e.g. ponds)
- replacement or storm sewers which were not designed to service external lands
- partial construction or future excavation of one new residential street in the
Darlington Green Subdivision once the benefitting lands are developed.
1.5 Part III of the Development Charges Act, 1997 authorizes a municipality in which a
development charges by -law is in force to enter into a Front - Ending agreement that
provides for the costs of the works to be borne by one or more parties to the agreement,
and provides for persons who, in the future, develop land in the area defined in the
agreement to pay an amount to reimburse some part of the costs of the works. The
Owner has applied to the Municipality to execute a Front- Ending Agreement which
requires other owners of land within the benefiting areas set out in the Agreement who
develop land within the period of 15 years from the date of the Agreement to reimburse
their share of the costs of the Services.
REPORT NO.: EGD- 006 -13
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PAGE 4
• -•
2.1 A cost sharing report (May 6, 2010) entitled "Cost Sharing Report and Back -up
Documentation — Darlington Green Subdivision Plan of Subdivision 18T -90051 —
Municipality of Clarington" has been prepared by D.G. Biddle & Associates Limited for
the Owners. This Report has been supported at the staff level and is on file with the
Engineering Services Department. It identifies the benefitting areas and the shares of
the costs of the Services which the owners of land within this area will pay in addition to
the payment of development charges, both payable when actual development occurs. A
map showing the benefitting areas and the Owners areas serviced by these works are
contained in Attachment 3. The table outlining the cost sharing of the Services is shown
in Attachment 4.
3.0 CONSULTATION
3.1 On October 11, 2012, staff of the Engineering Services Department convened (as an
impartial party) a meeting between the Owners along with their consultant who prepared
the cost sharing report and the owners of the two benefitting properties.
The purpose of the meeting was to review the methodology behind the proposed cost
sharing with the owners who potentially will make financial contribution in future to the
now completed construction of the Services.
The benefitting owners were provided copies of the cost sharing report later that week
for their independent review.
3.2 Both benefitting owners have subsequently been requested to provide their comments
on the report. One benefitting property owner has met with the developer and their
consultant and it is staff's understanding that both owners have each retained a third
party to review the report and provide input. On February 14, 2013, staff received
questions from one of the benefitting owners regarding the Cost Sharing Report. A
meeting will be scheduled with all parties presently to answer their questions; however,
REPORT NO.: EGD- 006 -13
PAGE 5
in an effort to move the process forward, staff have prepared this report, and the owners
have been advised that a report on this matter will be on the February 25, 2013 GP &A
Committee Meeting agenda.
4.0 THE PROCESS
4.1 If Council approves and executes the Front - Ending Agreement, the Development
Charges Act, 1997 requires that the Municipal Clerk give written notice of the
agreement to all benefitting land owners, and the last day for filing objections with the
Municipal Clerk is 40 days after the day the agreement is made. Notice is to be given
not later than 20 days after the agreement is made by mailing a copy to every owner of
land within the area affected by the agreement or by publishing it in a newspaper of
general circulation in the Municipality. Objections to the Front - Ending Agreement, if any,
will be heard and determined by the Ontario Municipal Board. The Board has power to
dismiss the objection in whole or in part; to terminate the agreement; or to order that the
agreement is terminated unless the parties amend it in accordance with the Board's
Order.
5.0 CONCURRENCE
Municipal Solicitor
Municipal Clerk
6.0 CONCLUSION
6.1 It is respectfully recommended that Council approve the recommendations of the cost
Sharing Report and Back -Up Documentation — Darlington Green Subdivision and that
the Mayor and Clerk be authorized to execute a Front - Ending Agreement between the
Municipality and the Owners.
'•' • 11.-
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Leslie J. Benson, Transportation & Design Manager
Attachments:
Attachment 1 -
Front - ending Developer's Lands
Attachment 2 -
Front -ended Services
Attachment 3 -
Owners' Lands and Benefiting Lands
Attachment 4 -
Table of Cost Sharing of Services.
List of interested parties to be advised of Council's decision:
Trianka Holdings (Bozanis family)
Erhard and Henriette Witzke
West Diamond Properties Inc.
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