HomeMy WebLinkAboutEGD-036-04
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REPORT
ENGINEERING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, June 21, 2004
Report #: EGD-36-04
File#:
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By-law #::;;.2d'-t - I SO .
Subject:
PROPOSED FRONT-ENDING AGREEMENT BETWEEN THE MUNICIPALITY
OF CLARINGTON AND THE PERSONS REFERRED TO IN THIS REPORT
AND THE PASSING OF AN AMENDMENT TO THE DEVELOPMENT
CHARGES BY-LAW, BY-LAW NO. 2000-108, AS AMENDED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-36-04 be received; and
2. THAT Council approve the making of the Front-Ending Agreement between the
Municipality and Orchard Park Estates (Bowmanville) Inc.; and
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 referred to in
Recommendation 2; and
4. THAT the term of the Front-Ending Agreement referred to in this report be 15 years; and
5, THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282
745
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REPORT NO.: EGD-36-04
PAGE 2
Submitted by: Anthony Cannella, C.E.T. Reviewed by: Franklin Wu,
Director of Engineering Services Chief Administrative Officer
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June 14, 2004
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REPORT NO.: EGD-36-04
PAGE 3
1.0 BACKGROUND
1.1 Orchard Park Estates (Bowmanville) Inc. ("Owner") was the owner and developer of the
lands within draft Plan of Subdivision 18T-87057 now as within registered Plan of
Subdivision 40M-2066, These lands are located generally north of the CPR right-of-way
and east of Liberty Street in the Bowmanville urban area. The lands on Plan 40M-2066
are shown on the map contained in Attachment NO.1. The Owner has retained title to
certain of these lands.
1.2 Under the Subdivision Agreement between the Owner and the Municipality of
Clarington dated July 4, 2001 and registered on title as Instrument No. DR30337, the
Owner was responsible for the construction of certain external and/or oversized works
comprising stormwater management facilities works and downstream channel
improvements and storm trunk sewers ("Services"). The Owner front-ended the cost of
the Services. They comprise works for which there will be an increased need as a result
of lands within a larger benfitting area and will benefit the owners of other lands within
that area. The construction of the Services has been completed.
1.3 The Services are services to which the Municipality's in force Development Charges By-
law 2000-108 relates. They comprise the following:
. Swindells Street storm trunk sewer including manholes, headwalls and associated
works from Stormwater Management Facility to approximately 250 metres north.
. The Napa Valley subdivision Stormwater Management Facility and all associated
Works, located north of the Canadian Pacific Railway and east of Swindells Street.
. Storm trunk sewer on Swindells Street from channel crossing C.P.R. tracks to
intersection of Redfern Crescent and Swindells Street (approx, 125 m) including
manholes, headwall and related works.
. Storm trunk sewer on Redfern Crescent from intersection of Redfern Crescent and
Swindells Street to approximately 170 m north, including manholes and related
works.
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REPORT NO.: EGD-36-04
PAGE 4
. Storm sewer on Forrester Drive from intersection with Redfern Crescent to
approximately 110 metres north by east, including manholes and related works,
1.4 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 with the
Owner to require other owners of land within the benefiting areas set out in the
Agreement who develop land within the period of [insert] years from the date of the
Agreement to reimburse the part of the costs of the services referred to in paragraph
1.1,
1.5 A Cost Sharing Report and Back-Up Documentation (revised December, 2002) entitled
"Orchard Park Subdivision (Napa Valley) Plan of Subdivision 18T-87057 (40M-20-66)
Stormwater Management Facilities and Storm Trunk Services, Municipality of
Clarington" has been prepared by Sernas Associates for the Owner ("Cost Sharing
Report"). This Report has been approved and is on file with the Department of
Engineering Services. 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 payable, for example, when building permits are
issued. Maps showing the benefitting areas and the owners are contained in
Attachment NO.2.
1.6 The Front-Ending Agreement will implement Part III of the Development Charges Act,
1997 and the Cost Sharing Report,
1.7 If Council approves and executes the Front-Ending Agreement, the Development
Charges Act, 1997 provides that the Municipal Clerk give written notice of the
agreement and the last day for filing objections that is 40 days after the day it 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
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REPORT NO.: EGD-36-04
PAGE 5
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.
2.0 CONCLUSION
2.1 It is respectfully recommended that Council approve the making of a Front-Ending
Agreement between the Municipality, the Owner, and the Bank of Montreal and
authorize the Mayor and the Municipal Clerk to execute it on behalf of the Municipality.
Attachments:
Attachment No.1 - Maps showing owner's lands and benefiting lands to which the
recommended front-ending agreement will apply.
Attachment NO.2 - The share of the cost of services.
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AREA OWNER OR BENEFITING OWNER B-A WORKS 8-8 WORKS B-C WORKS B-D WORKS TOTAl
COST COST COST COST COST
1 ORCHARD PARK ESTATES (18HI7057) OWNER OWNER OWNER OWNER OWNER
2 ZEN STATES LTD. (18T-90036) $238,054.00 $89,293.48 $327,347.48
3 30) NORRIS (40R-13953) } $2,058.21 $3,288.63 $5,346.84
3b) PAYNE (40R-l3953) $1,689,57 $3,391.40 $5,080.97
3c) GOODMURPHY (40R-139S3) $2,27324 $3,083.10 $5,356.34
3d) SHANTZ (40R-13953) $1,597.41 $3,185.87 $4,783.28
4 MARTHA PUK $7,533.00 $2,825.74 $10,358.74
5 MARGARET PUK I ROBERT BROOKING $17,121.00 $6.422.14 $23,543.14
6 EIRAM DEVELOPMENT CORP, (18T-89041) $16,984.00 $6,370.77 $23,354.77
7 PETER ZAKAROW $1,689,57 $1,689.57
8 TOWCHESTER DEVELOPMENTS LTD. $3,532.74 $3,532.74
(18T-82037) - PHASE 2
9 DONALD PRINS (IN TRUST, 18T -89070) $5,037.99 $5,037,99
10 QUADRILLlUM CORP, (18T-87021) $4,423.60 $4,423.60
TOTALS $279,692.00 $104,912.13 $22,302.33 $12,949.00 $419,855.46
NOTE' REFER TO SCHEDULE 'K' _ ESTIMATED FRONT -END PAYMENT FOR 'B-A', '8-8', 'B-C' AND '8-0' WORKS FOR BREAKDOWN OF WORKS TOTAL.
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