Subdivision Agreement: Governor's Bridge Subdivision

The East York Community Council recommends adoption of the following report (January 5, 1999) from Mr. Quinto M. Annibale, Loopstra, Nixon and McLeish:

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:

It is recommended 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as soon as the owner has satisfied all outstanding accounts for consultant costs, all outstanding taxes and has withdrawn its appeal with respect to fees paid under protest pursuant to s. 69 of the Planning Act.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the matter was adjourned sine die last year, on consent of both parties on the understanding that the appeal would be withdrawn once the parties were ready to finalize the agreement.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

(A copy of Appendix A, a Draft Subdivision Agreement, referred to in the foregoing report from Mr. Quinto M. Annibale, Loopstra, Nixon and McLeish, was forwarded to Members of Council with the agenda of the East York Community Council held on January 20, 1999, and a copy thereof is on file in the office of the City Clerk.)

______

The East York Community Council reports, for the information of Council, having also had before it the following communications:

(i)(January 19, 1999) from Mr. Donald Lake, East York, recommending that the Subdivision Agreement be tabled until legal counsel for the Municipality and the Ontario Municipal Board appellant can consider differences in the drafting of the agreement as currently proposed and the drafting proposed at the Ontario Municipal Board; and

(ii)(January 19, 1999) from Mr. Gord Martineau, Executive Director, Governor's Bridge Ratepayers' Association, East York, recommending that City Council obtain an independent expert consultation in tree preservation and removal in the new subdivision at the cost of the developer.

______

The following persons appeared before the East York Community Council in connection with the foregoing matter:

-Dr. Suzanna Chow, Vice President, Governor's Bridge Ratepayers' Association, East York;

-Mr. Richard Brightling, Presidnet, Governor's Bridge Ratepayers' Association; and

-Mr. Jeffrey Davies, Davies Howe Partners, Toronto.