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HomeMy WebLinkAboutPD-071-01 DN:P071-01 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT #9 REPORT Meeting: Council File# Date: Monday, June 25, 2001 Res. # Report#: PD-071-01 FILE#: SPA 2001-021 By-law# Subject: PROPERTY MATTER PETERBOROUGH VICTORIA NORTHUMBERLAND AND CLARINGTON ROMAN CATHOLIC SEPARATE SCHOOL BOARD TRANSFER IN ESCROW OF LANDS FOR FUTURE TYPE 'C' ARTERIAL ROAD FILE: SPA 2001-021 Recommendations: It is respectfully recommended to Council the following: 1. THAT Report PD-071-01 be received; 2. THAT Council pass a by-law to authorize the Mayor and Cleric on behalf of the Municipality to enter into an agreement with Peterborough Victoria Northumberland and Clarington Roman Catholic Separate School Board respecting the transfer in escrow of lands required for the portion of the Future Type 'C' Arterial Road shown in Attachment 1 which is located on lands acquired or to be acquired by the School Board in order to implement this report; 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. BACKGROUND 1.1 During the review of the Municipality of Clarington Official Plan, staff of the Planning and Development Department worked together with the Separate School Board in selecting a future site for a Separate Secondary School. Lands located in Part of Lot 29, Concession 2, former Township of Darlington were selected as the site for a future Separate Secondary School in Courtice. 1.2 In the spring of 2001, representatives of the Planning and Development Department and the School Board met to discuss developing the subject lands and the need for access to the REPORT NO.: PD-071-01 PAGE 2 proposed new school site. Section 18.4.4 of the Clarington Official Plan states that secondary schools shall have access to an arterial road. The subject lands have frontage on Farmington Drive, and will have frontage on the Future Type 'C' Arterial Road shown on Attachment 1, when this road is built. Vehicle access for a secondary school to Farmington Drive, a collector road, would not conform with the provisions of the Official Plan. Currently,the timing of construction of the Future Type'C'Arterial Road is unknown. 1.3 It was agreed by staff that temporary access to the proposed school could be located within the alignment of the Future Type 'C' Arterial Road until the road is constructed. The alignment for this road crosses through the School Board's land holdings and intersects with Courtice Road just north of a residence located at 2252 Courtice Road (Attachment 1). It was recommended by staff to the School Board to proceed with arrangements to acquire the lands needed to gain access to Courtice Road, including completing an application to the Land Division Committee to sever the subject lands. The entrance to the school from Courtice Road will be abandoned when the Future Type'C'Arterial Road is constructed. 1.4 The School Board must secure immediate access to their site, and the Municipality must be confident that the lands for the portion of the Future Type 'C' Arterial Road located on the lands acquired or to be acquired by the School Board will be available to the Municipality when the road is required to be constructed. 2. CONCLUSIONS 2.1 In order to provide immediate access to the School Board site, an access driveway will be constructed on part of the alignment for the Future Type 'C' Arterial Road pursuant to site plan approval and a site plan agreement. 2.2 In order to protect the Municipality's interests, it is recommended that the lands required for the Future Type 'C' Arterial Road, to be located on lands acquired or to be acquired by the School Board, as shown on Attachment 1 (including any interest of the School Board in the storm water channel to be located on the future alignment of the Future Type 'C' Arterial REPORT NO.: PD-071-01 PAGE 3 Road), be transferred in escrow to the Municipality for a nominal consideration free and clear of all encumbrances and restrictions, prior to the approval of the site plan for the proposed high school. The transfer will be delivered to the Municipality's solicitor to be held by him in escrow until the Director of Public Works gives written notice to the School Board that the lands described in the transfer are required for the construction of the Future Type 'C' Arterial Road at which time delivery of the transfer to the Municipality will be completed. 2.3 It is recommended that the Municipality will not require any financial contribution for the Future Type 'C'Arterial Road in addition to the transfer of land referred to in paragraph 2.2. It is also recommended that the Municipality engage a surveyor to prepare and deposit the necessary reference plan describing the portion of the Future Type'C' Arterial Road referred to in paragraph 2.2. 2.4 This report has been reviewed by the Public Works Department who concur with the contents of this Report. Respectfully submitted, Reviewed by, Bin Newell, M.C.I.P., R.P.P. Franklin Wu,M.C.I.P., R.P.P. Acting Director of Planning&Development Chief Administrative Officer. DH*HB*BN*df 25 June 2001 Attachment 1 - Site Sketch - Showing Portions of the School Board Lands and the Future Type 'C'Arterial Road Attachment 2 - By-law to authorize the making of an Agreement T Z W 2 2 U Q I 1 I 1 i Q i I School %L- +H! Z I nC q �r�wufuuwu 5 Storm Water ® �1 Tr -------------�� Detention Pond �nTn 1� IMTnTmmTrrk I l i 0 I En i I I I 1 11111 11J,j�1WjMLr U11U1ll11U1U11U, Q ' of U. ' tAL ROAD �� '� � i 2252 Q v FUIVRE A RTER \ \ �. i Courtly Road I I I I 1 I Additional Lands Located Within Future Type C Arterial Road 1 and Acquired by School Board for Access ® Lands Owned by School Board to be Dedicated to the couRnc>;cAn�auc IiIGFI SCH001. Municipality of Clarington For Future Type C Arterial Road FUTURE ACCESS CONFIGURATION ' Temporary Access to School Site /arington Limit of School Board Property ATTACHMENT 2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2001- being a By-law to authorize the making of an agreement with the Peterborough Victoria Northumberland and Clarington Roman Catholic Separate School Board providing for a transfer in escrow of lands required for the portion of the Future Type `C' Arterial Road located in Part of Lot 29, Concession 2, former Township of Darlington WHEREAS the Council of the Corporation of the Municipality of Clarington at its meeting on June 25,2001 received and approved report number PD072-01. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT the Mayor and Clerk on behalf of the Municipality enter into an agreement with the Peterborough Victoria Northumberland and Clarington Roman Catholic Separate School Board respecting the transfer in escrow to the Municipality of lands required for the portion of the Future Type`C' Arterial Road,which is located on lands acquired or to be acquired by the School Board and located in Part of Lot 29, Concession 2, former Township of Darlington. BY-LAW read a first time this 250' day of June 2001. BY-LAW read a second time this 25'day of June 2001 BY-LAW read a third time and finally passed this 25'h day of June 2001 John Mutton,Mayor Patti L.Barrie,Municipal Clerk