February 12, 1999

To:East York Community Council - January 20, 1999

From:Quinto M. Annibale

Loopstra, Nixon & McLeish - City Solicitors - East York Office

Subject:Subdivision Agreement: Governor's Bridge Subdivision

Purpose:

This report seeks permission to enter into a subdivision agreement with the owner of the Governor's Bridge Subdivision located at Bayview Avenue, south of Nesbitt Drive.

Funding Sources:

The owner has agreed to reimburse the City for all costs associated with this application.

Recommendations:

That the City enter into a subdivision agreement, substantially in the form set out in Appendix "A" of this report, with the owner of the Governor's Bridge Subdivision as soon as the owner has satisfied all outstanding accounts for consultant costs, all outstanding taxes and has withdrawn its appeal with respect to fees paid under protest pursuant to s. 69 of the Planning Act.

Background:

This property received planning approvals in early 1997. The plan of subdivision was the subject of an Ontario Municipal Board hearing in December, 1997. The Ontario Municipal Board approved the plan of subdivision permitting the construction of 60 single family homes. One of the conditions of approval requires the entering into of a financially secured subdivision agreement.

The owner had also appealed payment of planning fees under the former Borough of East York By-law No. 86-91. The hearing of the matter was adjourned sine die last year, on consent of both parties on the understanding that the appeal would be withdrawn once the parties were ready to finalize the agreement.

Comments:

As part of the subdivision approval process, an agreement between the municipality and the developer is entered into in order to protect municipal interests and to ensure construction of municipal services and Lots in accordance with Draft Plan approval and condition. A draft subdivision agreement for Governor's Bridge Subdivision is attached as Appendix "A" to this report.

It is appropriate at this time for the owner to settle all outstanding unpaid consultant accounts and to withdraw its appeal with respect to those fees.

Conclusions:

Council, through the recommendations of the East York Community Council should give authority for the municipality to enter into a subdivision agreement with the owner of the Governor's Bridge Subdivision.

Contact Name:

Quinto M. Annibale

Loopstra, Nixon & McLeish

City Solicitors - East York Office

Phone: 416-746-4710

Fax: 416-746-8319

e-mail: qannibale@loonix.com

Quinto M. Annibale

City Solicitors - East York Office

/rs