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HomeMy WebLinkAboutPSD-147-05 Cl~#]glon REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, December 5,2005 Report #: PSD-147-05 File #: S-0-2004-03 By-law #: ErA -1--/ /, j. (IS Subject: WITHDRAWAL OF APPEAL TO DRAFT PLAN OF SUBDIVISION RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee approve the following forthwith: 1. THAT Report PSD-147-05 be received; 2. THAT the appeal filed by the Municipality of Clarington with respect to City of Oshawa decision to grant draft approval to proposed plan of subdivision S-0-2004- 03 be withdrawn; and 3. THAT a copy of Committee's decision be forwarded to the City of Oshawa and the Region of Durham Planning Department. Submitted by: a . J. Crome, M.C.I.P., R.P.P. Director of Planning Services Anthony S. Cannella, C.E.T. Director of Engineering Services Reviewed by: (") ,u.J-Q --.::.:iA-ht. Franklin Wu, Chief Administrative Officer CP*DJC*sh*df November 28 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-147-05 PAGE 2 1.0 BACKGROUND 1.1 On October 17, staff received Notice of Decision from the City of Oshawa to Draft Approve Proposed Plan of Subdivision application S-0-2004-03. The application was for lands abutting the west side of Townline Road between Adelaide Avenue and Taunton Road. The conditions of approval did not address Clarington Council's previous resolution of June 2005 in providing comments on the subject application which requested; the City and the applicant assume and accept 100% of the costs of street illumination and/or sidewalk improvements that are deemed necessary on Townline Road North as a result of this development including all future maintenance. Discussion with City staff following the issuance of the Notice did not achieve a satisfactory resolution to the issue. 1.2 At a meeting held on October 24, 2005 Council passed the following resolution: "THAT staff be authorized to appeal the decision of the City of Oshawa to grant draft approval to Plan of Subdivision application S-0-2004-03 on the basis that the City of Oshawa has not agreed to assume and accept 100% of the costs of street illumination and/or sidewalk improvements that are deemed necessary on Townline Road North as a result of this development including all future maintenance." 1.3 An appeal was filed on October 25, 2005. Following receipt of the appeal the Director of Engineering Services for the Municipality of Clarington and the Director of Engineering for the City of Oshawa further discussed the issues of concern to Clarington. On November 14, 2005, a satisfactory agreement was reached with the City of Oshawa with respect to the issues forming the basis of the appeal. 1.4 The City of Oshawa confirmed that the City's development charge background study provides for streetlighting improvements along Townline Road in this area. The study assigns 80% of the cost of the new lights as growth related and 20% as a benefit to existing residents. On that basis it was agreed that the expense of the street lighting benefiting existing residents would be split evenly between the two municipalities. Based on an estimated capital cost could of $40,000 for the installation of the streetlights, Clarington's contribution would be approximately $4,000. This would be subject to obtaining budget approval, consistent with the Boundary Road agreement. It was further agreed that maintenance costs would be evenly shared, 50/50. 1.5 Sidewalks are not being installed on this section of Townline Road at this time. It was agreed that sidewalks are a need and function of each Municipality, and capital cost and maintenance related to sidewalks should be borne by the respective municipality once a warrant for the sidewalk has been established. REPORT NO.: PSD-147-05 PAGE 3 1.6 The boundary road agreement is currently being further reviewed to address these issues. By amending the current agreement the issues triggering the appeal should not affect future development approvals along Townline Road. 2.0 RECOMMENDATION 2.1 In consideration of the commitment by the City to pay for 100% of the growth related cost of installing streetlighting on this portion of Townline Road, and 100% of the costs of future sidewalks that may be warranted as a result of the approval and construction of this subdivision application, staff recommend withdrawing the appeal to the decision to draft approve the plan of subdivision.