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MEMORANDUM

 

To:                   Mayor Scarpitti and Members of Council

 

From:              Jim Baird, Commissioner of Development Services

                        Alan Brown, Director of Engineering

                        Biju Karumanchery, Senior Development Manager

 

Date:               May 18, 2010

 

Subject:           Angus Glen Village Ltd – West Village Phase 2

                        Plan of Subdivision 19TM-03004 (Phase 2)

                        South side of Major Mackenzie Drive, west of Kennedy Road

                        4071 Major Mackenzie Drive

                        SU 03 109045 001

 

RECOMMENDATION

That the draft Zoning By-law Amendment attached to the report entitled “Recommendation Report, Angus Glen Village Ltd. – West Village (Phase 2), south side of Major Mackenzie Drive and West of Kennedy Road – Angus Glen Community.  Implementing zoning by-law amendments for the final phase of a draft plan of subdivision 19TM-03004, File Numbers ZA 08-120708 and SU 03-109045” be revised to include the following additional Hold removal conditions:

 

 

That the Conditions of Draft Plan Approval for Angus Glen Phase 2 (West Village) 19TM-03004 (draft plan approved December 1, 2009) be revised to include the following additional conditions of draft plan approval:

 

·         The Owner acknowledges and understands that 2011 servicing allocation is dependent on the Owner constructing a bridge crossing of Angus Glen Boulevard connecting the East Village to the West Village prior to December, 2010.

 

·         The Owner shall provide the Town with an updated construction schedule and cost estimate for the construction of the bridge crossing of Angus Glen Boulevard.

 

·         The Owner acknowledges and understands that the Town may require additional securities for the construction of the bridge crossing of Angus Glen Boulevard.

 

·         The Owner acknowledges and understands that building permits will not be issued for lots within Phase 2 with 2011 servicing allocation until a letter confirming that a tender has been issued for the construction of the bridge crossing of Angus Glen Boulevard and updated construction schedule and cost estimates have been provided to the Town, to the satisfaction of the Director of Engineering.

 

BACKGROUND

Further to the staff report on this matter dated May 18, 2010, this memo provides staff comments with respect to the construction of the bridge connecting Angus Glen West Village and the East Village. 

 

The Servicing Allocation report requires Angus Glen to construct the bridge between East and West Village by December 2010 in order to qualify for 2011 servicing allocation for Phase 2.  Angus Glen agreed to construct the bridge as part of the West Village Phase 1 subdivision agreement executed in July, 2008.  To secure for the construction of the bridge, the Owner posted a financial security of $1.8 million plus a 10% contingency.

 

The bridge design has been peer reviewed and approved by the Town and the Toronto and Region Conservation Authority (TRCA) has agreed to the location of the bridge.  The construction of the bridge was scheduled to commence in July 2010 and to be completed this fall.  The Owner has applied for subdivision agreements and applied for building permits for lots within Phase 2 lands. 

 

However, on May 6, 2010 the Town received a letter from the applicant’s consultant advising that due to the recent issues around Redside Dace and its endangered species designation, the Ministry of Natural Resources would require additional permits for works within Bruce Creek.  The current permitting process is upwards to six months or more and the work can only be done within the fisheries window (July 1 to September 15) thereby making it difficult to commence bridge construction this year.  A number of projects throughout the Town have been experiencing similar delays.  The construction of the bridge is expected to commence in the Spring of 2011, partly due to the fisheries window.  Staff were not aware of this issue at the time the May 18 recommendation report was being drafted.

 

Given recent events, and in order to ensure timing of this bridge related to Phase 2, staff recommends that additional hold provisions be added and that conditions of draft plan approval be revised accordingly.

 

Additional Hold Provisions

The draft Zoning By-law currently contains hold provisions related to servicing allocation as required by the Region of York and site plan approval requirements.  The condition associated to servicing allocation requires that the bridge be constructed.  The Engineering Department has advised that they would be agreeable to building permits being issued for Phase 2 lands if the Director of Engineering is satisfied with the following additional information being provided:

 

 

The Zoning By-law will be revised to reflect these additional requirements before it is brought forward for Council approval.

 

Draft Conditions to be added

Draft plan approval has been issued for Phase 2 lands in December, 2009.  The draft plan conditions will be revised to include the following additional draft conditions:

 

The Owner acknowledges and understands that 2011 servicing allocation is dependent on the Owner constructing a bridge crossing of Angus Glen Boulevard connecting the East Village to the West Village prior to December, 2010.

 

The Owner shall provide the Town with an updated construction schedule and cost estimate for the construction of the bridge crossing of Angus Glen Boulevard.

 

The Owner acknowledges and understands that the Town may require additional securities for the construction of the bridge crossing of Angus Glen Boulevard.

 

The Owner acknowledges and understands that building permits will not be issued for lots within Phase 2 with 2011 servicing allocation until a letter confirming that a tender has been issued for the construction of the bridge crossing of Angus Glen Boulevard and updated construction schedule and cost estimates have been provided to the Town, to the satisfaction of the Director of Engineering.