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HomeMy WebLinkAboutPSD-007-01 v * ~ ON: POO7-01 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Report #: PSD-007-01 File # 7J/~ vEtJfk!O ~ Res. # Gj/IJ~ '1/1-0 / By-law # D 1-/6 () Meeting: General Purpose and Administration Committee Date: Tuesday, September 4, 2001 Subject: PROPERTY MATTER CLARINGTON INDUSTRIAL SERVICES LIMITED TRANSFER IN ESCROW OF LANDS FOR FUTURE LAKE ROAD PART LOT 5, CONCESSION B.F., FORMER TWP. OF DARLINGTON FILE: DEV 98-070 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT ReportPSD-007-01 be received; 2. THAT Council pass a by-law to authorize the Mayor and Clerk, on behalf of the Municipality, to enter into an Agreement with Clarington Industrial Services Limited respecting the transfer in escrow of lands required for the portion of the future Lake Road shown in Attachment 1, which is located on lands owned by Clarington Industrial Services Limited in order to implement this report; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1.0 BACKGROUND 1.1 Clarington Industrial Services Limited have operated a waste management firm on the property for a number of years, locally known as Detox Environmental. Additional plant capacity and office space is required to accommodate increased operational requirements. A site plan application has been submitted for a combined 758 m2 plant and laboratory expansion and a 279 m2 office building located on the north side of the future Lake Road. 1.2 The property is designated and zoned for industrial uses. The Official Plan also shows a collector road bisecting the property, which represents the future Lake Road in the industrial area south of Highway 401 between Port Darlington Road and Bennett Road. Lake Road has been constructed to service the industrial area immediately east of Port Darlington Road and reserved in part through approvals of other industrial plans of subdivision in the area. 6990J11 ~ REPORT: PsD-007-01 PAGE 2 1.3 It is important to ensure that the current development proposal on the property does not impede the orderly extension of Lake Road. To accomplish this, the Municipality must secure the Lake Road corridor either through a plan of subdivision or through site plan approval. The applicant has agreed to provide a deed in escrow for the Lake Road right-of-way to the Municipality through the current site plan application. 1.4 The Engineering Department is determining the construction cost estimate of the roadway with the applicant. The applicant will be required to provide the Municipality the necessary securities for constructing the road. Lake Road will be constructed, either by the Municipality or through future developments, when all affected landowners have contributed their share of the construction cost for the road and the road extension is required. The applicant will also be required to engage a surveyor to prepare and deposit the necessary reference plan describing the portion of future Lake Road. 1.5 South Service Road borders the property on the north side between Highway 401. Once Lake Road is constructed between Bennett Road and Lambs Road, South Service Road will be closed. 1.6 Part of the future Lake Road right-of-way is subject to a servicing easement in favour of Durham Regional Public Works. The applicant will continue to use the area until the Municipality acquires the road transfer and constructs Lake Road. 2.0 CONCLUSIONS 2.1 In order to protect the Municipality's interests, it is recommended that the lands required for the future Lake Road, to be located on lands owned by Clarington Industrial Services Limited as shown on Attachment 1, be transferred in escrow to the Municipality for a nominal consideration free and clear of all encumbrances and restrictions, save and except any municipal or regional easement restrictions prior to the approval of the site plan for the industrial expansion and office building. The transfer will be delivered to the Municipality's solicitor to be held by him in escrow until the Director of Engineering Services gives written notice to Clarington Industrial Services Limited that the lands described in the transfer are required for the construction of the future Lake Road at which time delivery of the transfer to the Municipality will be completed. 2.2 This report has been reviewed by the Engineering Department who concur with the contents of this report. LOO/1Ii', ;r.; (] 71 71"lJ)J.Jj REPORT: PsD-007-01 PAGE 3 Respectfully submitted, Reviewed by, ~-~e W David J. Crome, M.C.I.P., RP.P. (j Director of Planning Services Department c) ~i.k~,~ Franklin Wu, M.C.I.P., RP.P. Chief Administrative Officer. RH*DC*df 16 August 2001 Attachment 1 - Site sketch showing portions of the Clarington Industrial Services Limited lands and the future Lake Road Attachment 2 - By-law to authorize the making of an Agreement Interested parties to be notified of Council and Committee's decision: Brian Ritchie Clarington Industrial Services Limited P.O. Box 458 BOWMANVILLE, Ontario L 1C 3Z2 Rick Bruynson 6 Hillside Drive HAMPTON, Ontario LOB 1 JO 6990']6 ATTACHMEINT 1 . CONCESSION BROKEN FRONT tJ) w u ~ w tJ) ...J <( oc f-- tJ) ::;) o ~tJ) ZO OZ f--:5 "0 ~w Cl:f-- :5:E u::::; BENNETT ROAD I It) I- o ...J --~ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2001- being a By-law to authorize the making of an Agreement with Clarington industrial Services Limited providing for a transfer in escrow of lands required for the portion of the future Lake Road located in Part of Lot 5, Concession Broken Front, former Township of Darlington WHEREAS the Council of the Corporation of the Municipaiity of Clarington at its meeting on September 10, 2001 received and approved Report PSD-007-01; 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 behaif of the Municipality enter into an agreement with the Clarington Industrial Services Limited respecting the transfer in escrow to the Municipality of lands required for the portion of the future Lake Road, which i5 located on lands owned by Clarington Industrial Services Limited and located in Part Lot 5, Concession Broken Front, former Township of Darlington. BY-LAW read a firsttime this 10'h day of September 2001 BY-LAW read a second time thi5 10'h day of September 2001 BY-LAW read a third time and finally pa5sed this 10~ day of September 2001 John Mutton, Mayor Patti L. Barrie, Municipal Clerk 699fjjB ATTACHMENT 2