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HomeMy WebLinkAboutPD-311-87DN: PD-311 ~'~ ~ ~ ~~ TOWN OF NEWCASTLE REPORT #4 REPORT File # ~c;--,~~ Res. # By-Law # NEFfIf~: council ~~: Monday, December 14, 1987 T #: PD-31i-87 FILE #: 18T-s5o18 ACT: DRAFT APPROVED PLAN OF SUBDIVISION TOWNLINE ESTATES PART LOTS 31/32, CONCESSION 2, FORMER TWP. OF DARLINGTON FILE: 18T-85018 RECON4MENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report PD-311-87 be received for information. BACKGROUND AND COMMENTS: ' As Council may recall, Mr. Michael Armstrong, on behalf of 591415 Ontario Limited, at the Council meeting of November 23, 1987, requested permission of Council to proceed with construction of the road within Plan of Subdivision 18T-85018, to a point approximately 150 feet beyond the Trans-Northern Pipeline easement, prior to the execution and registration of the Subdivision Agreement. Staff, at the General Purpose and Administration Committee Meeting held on December 7, 1987 were requested to report on the ..status of the Plan of Subdivision for the Council Meeting to be held on December 14, 1987. To that end, Staff would note that at the time of preparation of this Report, the Town of Newcastle Works Department advises that the engineering drawings have not been finalized to a point whereby they could be signed. Concerns pertaining to drainage of an internal cul-de-sac, the Trulls Road intersection improvements and completion of the road through to Trulls Road for emergency access remain outstanding. ...2 REPORT NO.: PD-311-87 PAGE 2 Staff would furthermore note that the Development Agreement has not been finalized, and pending the resolution of the Public Works Department concerns, may require the insertion of additional provisions within the agreement text itself, to address these aspects. It is Staff's opinion that the present procedure, whereby the Agreement and Engineering Drawings are completed prior to an authorization to commence, affords both parties the neccessary assurances that all aspects of the development have been reviewed and confirmed. Should Council deem it appropriate to approve Mr. Armstrong's request, Staff would note that the approval of the Engineering Drawings is paramount. Secondly, any approval should require the submission of all required Performance Guarantees, and a letter acknowledging that the Town is held harmless for any failure to execute the Subdivision Agreement and that the letter further states that the Town may draw on the Performance Guarantees to reimburse it for expenses that may be incurred as a result of non-performance by the Owner. LDT*TTE*jip December 8, 1987 Recommended for presentation to the Committee Chief Kotseff istrative Officer ATTACHfUIEtVT 3 '' ~ ._ ~R.gFT F-~L/~/V OF SUB~N/S/ON 1,. ('~~ i '(~ , ,;/ Of"A~.VT O/~ L~9 9/~ ~~CON -1, ra>u-r..i...~... r._c /~I "TOWNU/VE 7<T„~.~~//P ~/ pA.vL /NOTON, ..~-~._ ~~ ~ wa {~.IJ i EST.gTES" TOwni OF' n~E'wC,gSTLE RET~/O~.<4L /'NJN~%F3pL/7Z~ OF OCJgN.nM ~~ ~._C .'lT_ e+~0a .LI 1 ,- ~ .~.. -I-- /N I ~~~. ., ~ .. _ ..... ~•. r 1 r_~ :~\ ~ ric r.<s ~ ~ ~` ' , ~ I .. Q I 1 '~I , 1 , ` --~- \~_ ^. ~ e ! of ....,. .: ... ? w .,.o.,~ - ...,., t ro ~ ~ .~ ~'` `~ ~'' ~ - LOT 32' ~ LOT 3 I ''~' >w ..- - ~-~ `~..~ . ;.~~CONCESSION 4 ~ ~,~;,,~.. --- - - i %~ <.u e , , - - ~. ,;~ ~ ~ .. _ ``~~__XX i ~t Q T 2 ~~ ~-^ _ ... --- g / EBBI.ESTONE ROAD ~_~:_ .. _ ..-.. --.~ t..--~- .~._ UNFINTSH~ll BUSYNESS ;~ „~ ~,~~ 54 „ ~.~ . F !; - ~ ~ ~ ~ . _ .. ~ - i - .. _ - i1~ ~. e^ t;~ _ ..~ ~ ~ .. ',~ :_~eRw~~m ~ p ~ ti~~ /.'~u ~~~ is r MC GIBBON, BASTEDO, .ARMSTRONG & ARMSTRONG BARRISTERS AND SOLICITORS EDGAR F. BASTED O, Q.C. P. O. BOX 2396 GRANT H.ARMSTRONG 32 SIMCOE STREET SOVTH W. MICHAEL ARMSTRONG OSHAWA, ONTARIO LiH 7V6 TELEPHONE (416) 728-7335 November 20th, 1987. DELIVERED Town of Newcastle, 40 Temperance St., BOWMANVILLE, Ontario. ATTENTION: David Oakes, Clerk Dear Sirs: ~~ ~~ ~' 1 y? ~~, i ~ c~ (~'~ - IJ~ f) it nll ~ ;;.~' ~ r j ~~ RE: 591415 Ontario Limited (Townline Estates) Your File: Dev.85-19, 18T-85018 Further to my telephone conversation with your staff on Wednesday, November 18th, 1987, we wish to confirm our request to appear as a delegation at your regularly scheduled Council Meeting on Monday, November 23rd, 1987 which I under- stand commences at 7:00 p.m. The purpose of my attendance is to request on behalf of my client, 591415 Ontario Limited (Townline Estates) permission from Council to proceed with ~' construction of services in its plan of subdivision and more specifically those services from Tooley's Road to the point approximately 150 feet beyond the Trans- Northern Pipeline easement, prior to the execution and registration of the subdivision agreement. These services would include the construction of the road with the installation of the granular base and paving. My client's reasons for its request are straight forward, namely, (i) with the advent of winter, it has approximately 2 to 3 weeks to complete paving. Failure to complete paving now would delay my client's project until at least June 1st, 1988 when the half-load restrictions are lifted; and (ii) it has approximately 25 closings in April, 1988 and a delay to June 1988 would cause the prospective purchasers undue delay in closing and proceeding with construction of their homes. To date, my client has obtained draft approval and I understand that the property re-zoning by-law was implemented as recently as this week. In addition, my understanding is that the majority of planning concerns have now been addressed by your Planning Department and the final engineering drawings are within days of receiving approval of your Public Works. It would appear that within two months, the subdivision agreement and the first application in Land Titles will have been confirmed and all documentation will then proceed immediately to registration. ~~~~ ~ ...2 DRAFT RESOLUTION OF COUNCIL That the request by W. Michael Armstrong, on behalf of 519415 Ontario Limited, for permission to proceed with construction of services in its plan of subdivision, from Tooley's Road to the Trans-Northern Pipeline Easement, prior to the execution of the subdivision agreement be granted subject to the following: 1) That a letter of credit, performance bond or cash or certified cheque for the amount of security required by the Town be delivered to the Town; 2) That a letter be delivered to the Town whereby the Town is held harmless for any failure to execute a subdivision agreement; and that the letter further state that the Town may draw on the letter of credit, performance bond or cash to re-imburse it for expenses that may be incurred as a result of non-performance by the subdivider; 3) That since that subdivider wishes to proceed with construction of services prior to the engineering drawings being finalized and approved, he agrees that he will at his own expense make any changes that may be required to meet the final approved plans; and 4) That the subdivider provide the Town with verification that he has insured against all damages or claims for damages. The policy shall insure the Town with inclusive limits of not less than $3,000,000.00 in accordance with the terms set out in the Town's standard subdivision agreement. - 2 - MCGrIBBON, BASTEDO, ARMSTRONG 8c ARMSTRONG Prior to making this request, we consulted with your staff in Planning and Works and were advised, subject to receiving Council direction, that our request had merit. We also made enquiries fo the Region of Durham, and other municipalities within the Region and ascertained that pre-servicing prior to execution of the subdivision agreement was common practice. Should Council see fit to approve our request, I am attaching a copy of a sample Resolution from suggestions gleaned from your staff and other neighbouring municipalities, which I trust will be of some assistance to you. We thank you in advance for your co-oper~ion herein, and look forward to the opportunity to address Council on November 23rd, 1987. Yours very truly, McGIBBON, BAST ST G & RMSTRONG Per: WMA:eo W. Michael Armstrong c.c. Mayor John Winters Councillors Ann Cowman, Diane Hamre, Marie Hubbard, Hal McKnight, Frank Stapleton, Arnot Wotten Terry Edwards, Director of Planning Assistant Director of Public Works Larry Kotseff, CAO ~ ~`~I _~ P ~_ ~ ,__- ~. ~~ ~__ _._ .r,= ;.