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HomeMy WebLinkAboutEGD-036-04 " K' REPORT ENGINEERING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 21, 2004 Report #: EGD-36-04 File#: (&;-:,.. ..p,' {7fJil--3-;;J '-0"" 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 " , 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 d~~~ ASC*EL *dv June 14, 2004 746 '. l 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. 747 ,. 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 748 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. 7!19 ~ ~< ~; ~rfJ 1 Q! ~,....., t.lJ...I..l..~-.7;rfi,.J 0--- -1 r~.,lfl'" r-'" "[1' II II II ij II II II __ :t:.j II C>jJ:= 1-01"'- I I ~ I . I . I lANn nWN~1P 1. ORCHARD PARK .. ~=~ Lm, (.IT.......) .. !~ ~+_-1....) 4. WAR1HA PUK a. YARCARET PUle / ReBERT BROOICING .. DRAW DEYEL.ClPUENT CORP. (11T-....') 1. PE1ER ZAkAROW a. TOWChum... DEWI.ClPUENTS LTD. Rg;:-~ PHASE I .. (11T~1 (IN 1RUS1) 10. QUADRl.I..MI COIIP.. (11T-07021) . __"".1 .-s.....II~ co OJ c: I II II rOH .. .. , . > :.. 0,17ho o.Mho 0,7411a +0._ ""DIIiO -- ~ O~ER'S AREA l\ \ \ \ \l BENEFITTING AREAS _ Il-~ WOAKS -.......... ~ IIlUllm 'MIllY alii . (III --'."IJ ~~. ':.Ira -.J:-.:J III === ..... ...y.- ....", .... -.., -.., 1IlII17 -..: I ILU B-A ATTACHMENT NO.: 1 REPORT NO.: EGD-36-04 750 , ~ ~< E~ r ... .. ...... '". _':..~._~..~ L. I' 0.. "''' ....0 H.. I ,.. !~ '. &~ 01 I CI.I7lIa ~ 0.7..... +O.a3la ""1AIIii ., / / """,..,,,, " ............ ~ OVlllER'S MEA _ lIENEI'1T1INC AREAS . . I.lNn~ ...-- B-1 WORKS t. CIIClHAJeD PAIl( ..lJ:~ L1O. (11T-.....) ~ I~ ~-. } <--,....) ...........- ..---1......- .. EIWI DE'4LCIPUDIT CORP. (,IT-_1) 7. flIr'IIII ZAIWlOW' L JO-"-IU'l DE\U.CIPUENTS LlD. ~~-...... . .. <'IT-IIII7O~ (IN 1RUS1) 10. QlIMRLU_ CCRPN ('IT-I7OZI) ..... .......... - --- "'1 ....,,_ _81'1"" -.., -.., 11I17 _. MoT.&. B-Il _...... - 751 ~cfJ COHCISS'O,," 0:'-:..' ._~. . . '. .. .. -- ~ 0\\tlER'S AREA _ BENEFlT1lNG NtEAS I"&Nn IWNI'IMNP 1A. aatMD PNIK ,.=-~ .. ~'m LID, (.IT_> "1m a.-,}(--,....) ................ !5. IWIGARET P\IC / ROBERT IIICICICINO I. EIIUM I:JEWLlIPMENT CXJIIII. ('IT_') 7. PEIER ZAKAROW ___ B-C WORKS a. I~'~ DEWJ..OPtmfTS L1D. L~. PHASE I L ('IT-II07O~ (t< lIllJSl) ,0. QlfHR.LJJ CORP~ (l1T-17II20 ..1.&1.'1,- _I ..u. _"1 lI& -.., -IT, IIlt7 II-C ....-_.1 __ 752 , ~ l~ 1 QI :ill~'" U.LU.i.--."...n-J .'--' -1 }Y~..!.tr-.., r-..., "C:f I I I I II :E::l II II II __ ot:..j " C>lJ:: 1"'V1~- I '. I . I . I lANn n'MIF'R~ 1. 0fDWI) PAIl( .. v:-= LlD. (111_' 1 II ~-. } <-.,...., .. lIAII1HA PU< 5. M.MOARET PUK I RCIERT IROCICN3 .. EItAU DEVILDPUEMT CCIIP. ('11__" 7. PE1IJt %NWCf1II a. l~IUI IlE\IELOPUEH1I LtD. L~i PHAIE' "<'11~(IN1lIUSt) 10. au CORP.. (111_' --- - C""CCiJl,O., "'....._to ..... '.. .. . " > . '. " j" .""..... uir..... ....... Ii I'i. :r=i:: III l -- ~ O\\llER'S AREA _ IlENEFlTlING AREAS .. - - B-D WORKS ~--....- --- ~~,.. ,if8 M.,~_ _W, .... -.., -.., _17 .... ..1,& B-1) 753 N'" ..0 deb z'? ~Cl z<:l WW ::; ., IO uz ~li: w '" <(0 w <( a. ...J x W 01 II> 0:: :i II> W il: w ~ w '" CJ ~ ~ W II> '" II> ... w il: z ...J W W 01 ~ :IE :i ,.. 0 <( w ... ~ C) Q Z Z CJ E w w '" IL 0:- w Z II> Z ~ w w CJ 01 IL ~ Q Q Z I!! w <( II> i w j!: w '" 0 IL . 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. ~ l~ r-