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HomeMy WebLinkAbout97-240 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 97-240 being a by-law to authorize the execution of a Memorandum of Understanding between the Corporation of the Municipality of Clarington and North Lake Estates Inc. , Sylvan Estates Inc . , Bennett Developments Inc . , and the Northumberland-Clarington Board of Education and to repeal By-law 97-177 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY 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 Corporate Seal, a Memorandum of Understanding between the Corporation of the Municipality of Clarington and North Lake Estates Inc . , Sylvan Estates Inc . , Bennett Developments Inc . , and the Northumberland-Clarington Board of Education (Referral No. 6 of the Clarington Official Plan) . 2 . THAT the Memorandum of Understanding attached hereto as Schedule "A" , form part of this by-law. 3 . THAT By-law 97-177 is hereby repealed. By-law read a first and second time this 27th day of October 1997 By-law read a third time and finally passed this 27th day of October 1997 MAYOR f` CLERK THIS MEMORANDUM OF UNDERSTANDING made as of this 27th day of October, 1997. BETWEEN: The Corporation of the Municipality of Clarington ("Municipality") OF THE FIRST PART - and - North Lake Estates Inc., Sylvan Estates Inc. and Bennett Developments Inc. ('Referents") OF THE SECOND PART - and - The Northumberland-Clarington Board of Education ("School Board") OF THE THIRD PART WITNESSETH THAT: A. By letter dated December 13, 1996 addressed to Ms. Diana Macri, Secretary and Chief Administrative Officer, Ontario Municipal Board, from Mr. A.L. Georgieff, Commissioner of Planning for the Regional Municipality of Durham ('Region") the provisions which are the subject of Referral No. 6 of the Official Plan for the Municipality of Clarington ("Clarington Official Plan") were referred to the Ontario Municipal Board pursuant to section 17(24) of the Planning Act, R.S.O. 1990, c.P.13, as amended to the date of the Region's letter ("Planning Act"). -2- B. The Referents are the owners of the lands now in the Municipality of Clarington which are more particularly described as comprising Part of Lots 5 and 6, Broken Front Concession, former Township of Darlington, now the Municipality of Clarington ("Lands"). C. Referral No. 6 comprises the following provisions of the Clarington Official Plan and the Port Darlington Secondary Plan: • Those lands shown as Referral No. 6 on Map A of the Port Darlington Secondary Plan. • That portion of the Type C Arterial shown on Map B3. • Section 9.5.5(g), 19.5.3, and 23.10.4 insofar as they relate to the lands subject to Referral No. 6. • Sections 5.4, 11.3 and 11.7 of the Port Darlington Secondary Plan insofar as they relate to the lands subject to Referral No. 6. D. The Municipality and the Referents have agreed that Referral No. 6 should be settled on the terms set out below, NOW THEREFORE WITNESSETH THAT in consideration of the premises and the covenants hereinafter expressed, and the sum of two ($2.00) dollars of lawful money of Canada, now paid by each Party to the others (the receipt whereof by each Party is hereby acknowledged), the Parties hereto covenant and agree to and with each other as follows: 1. The Municipality and the School Board acknowledge that in making this Memorandum of Understanding, the Referents have relied on the provisions of the letter from Mr. David Crome to Mr. Roy Mason dated June 17, 1997 a copy of which is contained in Schedule "A" attached hereto. In addition, the Municipality and the School Board agree with the Referents that paragraph numbered 4 of the aforesaid letter from Mr. Crome to Mr. Mason dealing with the Elementary School site shall be deemed to provide that if the School Board does not exercise the option which the Referents will grant to the School Board to purchase the Elementary School Site, within nine years of registration of the plan of subdivision, the Municipality will grant to the Referents or to their successors in title, an alternative land use that is consistent with good planning in the community. -3- 2. The Referents forthwith will write to the Ontario Municipal Board withdrawing their request for the referral of the provisions of the Official Plan for the Municipality of clarington which are included in Referral No. 6. 3. The Municipality, the School Board and the Referents will request the Ontario Municipal Board to modify the provisions of the Port Darlington Secondary Plan which are included in Referral No. 6 by deleting section 5.4 thereof and as so modified, to approve the provisions of the Port Darlington Secondary Plan which are included in Referral No 6 pursuant to the Planning Act. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written and the Parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND ) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DELIVERED ) Mayor _ ) l ) erk NORTH LAKE ESTATES INC. Per: Name: Title: Corr %" /0�2 Crra r ) Per: Name: Title: -4- / S yL VAN DENNEW ESTATES INC. Per: Name: Title: ) ) Per: Name: Title: BENNETT DEVELOPMENTS INC. Per: Name: Title: Per: Name: Title: NORTHUMBERLAND-CLARINGTON BO OF EDUCATION Pe me: -Title,' R.C. Sudds, Supt. of Busins & Trees asurbr ) SCHEDULE "A" MUNICIPAUTY OF larington ONTARIO 17 June 1997 WITHOUT PREJUDICE Mr. Roy Mason KLM Planning Partners Inc. Urban Planners and Development Consultants 7880 Keele Street, Suite 207 Concord,Ontario L4K 4G7 Dear Sir: Re: Rehrral No. 6 to the Clarington Official Plan North Lake Estates,Bennett Estates Inc. and Bennett Development Inc. Our File: PLN 32.12.6 This letter is prepared in response to your letter of June 13, 1997 with respect to the matters discussed at our meeting of June 2, 1997. It will clarify the Municipality's position and proposed principles of settlement. For the sake of completeness, this letter repeats many of the matters addressed in your letter adding correction,clarification or elaboration where necessary. This would allow this letter to be scheduled to any settlement agreement if it is acceptable to your client. 1. Access from Type'C'Arterial Road Type C Arterial Roads are intended to move lower volumes of traffic at slower speeds than other arterial roads. Accordingly,the policies of the Official Plan discourage direct access in residential areas with the exception of apartment or townhouse blocks. Full turning movements would be permitted to these type of developments. Direct access to low density housing on Type C Arterial Roads is discouraged but not totally prohibited. Design solutions such as Gankage lots, rear lanes or other possible means of limiting access would be explored at the subdivision stage. However, the Municipality would be prepared to accept some limited number of direct access driveways onto the Type C Arterial Road. As you are aware,it is the Municipality's planning policy to develop a parkway road in the Port Darlington area. Full turning movements would not be possible to low density housing fronting onto the'Type C Arterial Road. 2. Waterfront Greenway The Waterfront Greenway designation on Map A of the Secondary Plan is comprised of two components. The first is the Regulatory Shoreline Area identified on Map B of the Secondary Plan. These are the lands subject to flooding. erosion and/or dynamic beach constraints. The second CORPORATION OF THE MUNICIPALITY OF CIARINGTON 40 T6MPEPIANCE STPleeT• SOWMANVILLE.ONTARIO. OG 3AC. (90S)623.3079• PAX 823.4169 aeret...ru Roy Mason Page Z.. 17 June 1997 component is the tableland area which is identified as a District Park. The precise boundary of the total Waterfront Greenway would be determined through the consideration of a development application. These lands would comprise the required parkland dedication for this development and any additional lands which the Municipality would acquire. 3. Type C Arterial Road - Right-of-Way Width As noted above, the Arterial Road is to be built to a parkway standard. Residential development is identified on the north side,the park and greenway on the south side. The Municipality's policy is that the developer dedicate the right-of-way with a width of 30 metres without compensation in the normal course of subdivision approval. Provided that the project is included in the Development Charges By-law,the developer is responsible for development costs of a 10 metre urban roadway. Any additional costs, including those associated with the central boulevard, would be the Municipality's cost funded through Development Charges. 4. Elementary School Site After discussions with the School Board, the Municipality is willing to withdraw policy 5.4 of the Secondary Plan. This would, in essence, make the Plan silent on the issue of a default land use designation and the necessity for an amendment to the Plan if the School Board deems the site unnecessary.This matter would have to be addressed at the time of such an event. 5. Local Trail The local trail shown on the north side of the development is intended to provide internal neighbourhood connections to parks, schools and open space systems. This trail could be located as part of the berm required to shield residents from the rail line but it would have to be located on the south side. A five metre right-of-way would be desirable to account for a 2 metre trail and to provide planting strips adjacent to the trail itself. Where subdivision design permits,the trail may also be located with a local road allowance as part of the sidewalk system. Conclusion Provided that this letter is acceptable to your client, and with regard to item 4 also to the Northumberland-Clarington School Board, I can instruct the Municipality's solicitor to prepare a simple agreement of settlement. Said agreement would reference the principles of settlement contained in the letter and indicate that Municipality,the School Board and your client agree to: 1. request the Ontario Municipal Board to delete Sections,5.4 of the Port Darlington Secondary Plan; and Roy Mason Page 3.. 17 June 1997 2. request the Ontario Municipal Board to approve all other policies and land use designations in the Clarington Official Plan and the Port Darlington Neighbourhood Secondary Plan as referred to the Board by your client. By copy of this letter, i am requesting the formal concurrence of the Northumberland-Clarington School Board on a without prejudice basis. As I am leaving on vacation shortly, I need your response by Wednesday,June 18 at 12:00 noon. This would enable me to arrange for the agreement to be prepared and the appropriate report to be forwarded to the July 7th meeting of Council. If you wish to discuss this matter Rather or require any other clarification, please do not hesitate to contact me at your earliest convenience. Yours truly, Da?JCrome, Manager Community Planning Branch DJC*df cc: Ray Floyd, Centrehill Corporation Paul Brace, Northumberland-Clarington Board of Education Tony Cannella,Public Works Dennis Hefferon, Solicitor