HomeMy WebLinkAboutWD-70-90 X,
TOWN OF NEWCASTLE
' REPORT File #
Res. #
_ 4; -�• By-Law #
MEETING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: JULY 23, 19 9 0
REPORT #: WD-70-90 FILE #:
SLJ ECT: REQUEST FOR ROAD- CLOSURE AND CONVEYANCE - OLD KINGSTON ROAD
(HIGHWAY #2) , LOT 14, CONCESSION 1,
FORMER TOWN OF BOWMANVILLE
KIDDICORP INVESTMENTS LTD.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report WD-70-90 be received;
2 . THAT the road allowance known as Old Kingston Road in Concession
1, Lot 14, Bowmanville, shown as Part 1, Plan 1OR-3593 be closed
and conveyed to Kiddicorp Investments Ltd. , conditional on C.P.
Rail signing a waiver or advising the Town in writing that they do
not wish to exercise their rights as abutting owners to purchase
a portion of the roadway;
3 . THAT the applicant pay all costs as stated in the Subdivision
Agreement ( 18T-87030) ;
4 . THAT the applicant execute an Indemnity Ac n of
Newcastle satisfactory to the Town's solic ;sing
of the by-law; f
5 . THAT the proposed by-law be executed a the
Municipal Act; and
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REPORT NO. : WD-70-90 PAGE 2
6 . THAT the Town's solicitor be directed to take all actions necessary
to complete the transaction; and
7 . THAT Mr. George L. Smith, solicitor, for the applicant be advised
of Council's decision.
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REPORT
1.0 ATTACHMENTS
No. 1: Key Map
No.2: By-law 89-27
No. : By-law 89-29
No.4: Schedule "V11 to the Subdivision Agreement
No.5: Schedule 11F11 ( 3) of the Subdivision Agreement
2 .0 BACKGROUND
2 . 1 Report PD-235-88 and Addendum to Report PD-235-88 dealt with the
application for Rezoning and Subdivision Applications by Kiddicorp
Investments Ltd. , Part Lot 14, Concession 1, Bowmanville (18T-
87030 and DEV 87-71) .
2 .2 Resolution GPA-110-89 approved the recommendations with respect to
the Addendum to Report PD-235-88 . Recommendation No. 6 deals
specifically with the subject road allowance:
"THAT Council approve the exchange of lands
(0 . 3 hectares of Town-owned lands) for the
over-dedication of parkland provided by the
applicant through said application 18T-87030,
and that the appropriate Offers of Purchase
and Sale and subsequent registration be
completed at the applicant's expense. ,,
2 . 3 By-law 89-27 (Attachment No.2) authorized the entering into of a
Subdivision Agreement between Kiddicorp and the Town of Newcastle.
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REPORT NO. : WD-70-90 PAGE 3
2 .4 By-law 89-29 (Attachment No.2) authorized the entering into of an
Agreement with Kiddicorp to allow a transfer of the 0 . 3 hectare
parcel of Old Highway 2 road allowance in association with the
approval of Plan of Subdivision 18T-87030 . However, Section 301
( 1) of the Municipal Act states that;
"Before passing a by-law for stopping up, altering,
widening, diverting, selling or leasing a highway
or for establishing or laying out a highway,
(a) notice of the proposed by-law shall be
published at least once a week for four
successive weeks, and in the case of a village
or of a township with a population of less than
40,000, shall be posted up for at least one
month in six of the most public places in the
immediate neighbourhood of the highway or
proposed highway; and
(b) The Council shall hear any person who claims
that his land will be prejudicially affected
by the by-law and who applies to be heard. "
3.0 REVIEW AND COMMENT
3 . 1 The applicant initiated the road closing procedure on October 27,
1989 . Formal application was received November 1, 1989 .
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REPORT NO. : WD-70-90 PAGE 4
3.3 Abutting Property Owners
Section 316 (2) (a) of the Municipal Act states that;
i
" The Council shall by by-law set the sale price of
the land to be sold and shall offer to sell it to
the owner of the land abutting the land to be sold
and where,
(a) there are parcels of land abutting on
opposite sides of the land to be sold,
the owner of each parcel has the right of
first refusal to purchase the land to its
middle line. "
3 .4 C.P. Rail is the only other abutting property owner. Repeated
efforts have been made both in writing and by telephone to obtain
a response from C.P. Rail with respect to the proposed road
closure. To-date, a response is not available, however, a copy of
this report has been sent to Mr. Winston Simmons, Superintendent,
C.P. Rail.
C.P. Rail was contacted to comment originally on the proposed
subdivision. C.P. Rail opposed the residential development
adjacent to its right-of-way because they felt it was not
compatible with railway operations . However, C.P. Rail requested
eight conditions be imposed on the development, if it were
approved.
Schedule "V" to the subdivision agreement addressed the conditions
imposed by C.P. Rail. (Attachment No. 4)
3 .5 Circulation
The proposal to close and convey the road allowance was circulated
to all departments, agencies, and authorities and no requirements
or objections were received.
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REPORT NO. : WD-70-90 PAGE 5
3 . 6 Compensation
The arrangement for exchange of lands was addressed in Report PD-
235-88 and addressed in Schedule "F" (3) of the Subdivision
Agreement. (Attachment No. 5)
The owner is responsible to pay all costs as stated in Schedule "F"
of the Subdivision Agreement. (Attachment No. 5)
4.0 CONCLUSION
4 . 1 The lands previously occupied by a turning circle known as Old
Kingston Road are excess lands as a result of the construction of
new roads to serve the Sagewood Subdivision.
It was, therefore, agreed as part of the subdivision agreement,
that the Town would deliver to the Owner in a form satisfactory to
the Owner, the deeds to the lands (Part 1, 1OR-3593) in exchange
for over dedication of Parkland. By-law 89-29 (Attachment No. 3)
authorized this agreement.
5.0 RECOMMENDATIONS
5 . 1 THAT the road allowance known as Old Kingston Road in Concession
1, Lot 14, Bowmanville, shown as Part 1, Plan 1OR-3593 be closed
and conveyed to Kiddicorp Investments Ltd. , conditional on C.P.
Rail signing a waiver or advising the Town in writing that they do
not wish to exercise their rights as abutting owners to purchase
a portion of the roadway;
5 .2 THAT the applicant pay all costs as stated in the Subdivision
Agreement ( 18T-87030) ;
5 . 3 THAT the applicant execute an Indemnity Agreement with the Town of
Newcastle satisfactory to the Town's solicitor prior to the passing
of the by-law;
5.4 THAT the proposed by-law be executed in accordance with the
Municipal Act; and
5 .5 THAT the Town's solicitor be directed to take all actions necessary
to complete the transaction; and
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REPORT NO. : WD-70-90 PAGE 6
5.6 THAT Mr. George L. Smith, solicitor, for the applicant be advised
of Council's decision.
Respectfully submitted, Recommended for presentation
to the Committee,
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Walter A. Evans, P.Eng. , Lawrence E. Kotseff,
Director of Public Works Chief Administrative Officer
JCO*WAE*hj
JULY 9, 1990
Attachments
George L. Smith, B. Sc. , L.L.B.
226 Queen Street
Port Perry, ON
L9L 1B9
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/OR - 3593
SAGEWOOD SUBDIVISION
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DRAWN J. M. DATE JULY , 1990
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MACR EfdT 1
� I I I I si I I is KEY MAP VD-70-90
1 7
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I
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 89- 27
being a By-law to authorize the entering into of a Subdivision Agreement
between Kiddicorp Investments Limited and the Corporation of the Town of
Newcastle.
The Council of the Corporation of the Town of Newcastle hereby enacts as
follows:
1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of
the Corporation of the Town of Newcastle, and seal with the Corporation's seal,
an Agreement between Kiddicorp Investments Limited and the said Corporation
dated the day of , 1988, in the form attached hereto as
Schedule "X".
y. THAT the Mayor and Clerk are hereby authorized to accept, on behalf of
the Town, the said conveyances of lands required pursuant to the aforesaid
Agreement.
3, THAT Schedule "X" attached hereto forms part of this By-law.
BY-LAW read a first time this 13rh day of February 1988
BY-LAW read a second time this 13th day of February 1988
BY-LAW read a third time and finally passed this 13th day of
February 1988.
MAYOR_
CLERK
ATTACHTNT 2
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 89-29
I
being a By-law to authorize the entering into of an Agreement with Kiddicorp
Investments Limited and the corporation of the Town of Newcastle to allow a
transfer of 0.3 hectare parcel of old Highway No. 2 road allowance to
Kiddicorp Investments Limited in association with the approval of Plan of
Subdivision 18T-67030,
The Council of the corporation of the Town of Newcastle hereby enacts as
I
follows:
1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of
the Corporation of the Town of Newcastle, and seal with the Corporation's seal,
an Agreement between Kiddicorp Investments Limited and the said Corporation
dated the day of , 1988, in the form attached hereto as
Schedule "X".
2. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of
the Town, an appropriate Agreement of Purchase and Sale and the subsequent
registration documentation.
3. THAT Schedule "X" attached hereto forms part of this By-law.
BY-LAW read a first time this 13th day of February 1988
BY-LAW read a second time this 13th day of February 1988
BY-LAW read a third time and finally passed this 13th day of
February 1988.
MAYOR
CLERK
ATTACHMENT 3
VID-70-90
10 0; 9
r '
SCHEDULE 'Y'
THIS SCHEDULE IS SCHEDULE "V" to the Agreement, pursuant to Plan 18T-87030, which
has been authorized and approved by By-Law No, 89-27 of the Corporatin of the
Town of Newcastle, enacted and passed the 13th day of February, 1989,
REQUIREMENTS FROM OTHER AGENCIES
MINISTRY OF THE ENVIRONMENT
1, The the Owner shall submit to the Ministry of the Environment and the Town
of Newcastle, for review and approval, an acoustic report to be prepared
by a qualified engineer, recommending the necessary noise attenuation
measures.
21 That prior to final approval, the Ministry of the Environment shall be
notified by a copy of the fully executed Subdivision Agreement between the
Owner and the Town of Newcastle that the noise control features
recommended by the acoustical report, and approved by the Ministry of the
Environment and the Town of Newcastle, shall be implemented, as approved,
by requirements of the Subdivision Agreement,
3, The Owner agrees to insert the following clause in the sale and purchase
agreement for each lot:
i) "Purchasers are advised that despite the inclusion of noise control
features within the development area and within the individual
building units, noise levels may continue to be of concern,
occasionally interfering with some activities of the dwelling
occupants,"
4, The Owner agrees to implement those noise control measures as recommended
in the acoustic report,
PETERBOROUGII-VICTORIA-NORTIIUMBERLAND AND NEWCASTLE BOARD OF EDUCATION
1. That the Owner shall enter into a written agreement with the
Peterborough-Victoria-Northumberland and Newcastle Roman Catholic Separate
School Board which provides for the satisfactory arrangement for the
future acquisition of the school site as shown as Block 100 on the draft
plan.
C,P, RAIL
1. That the Owner shall install a berm, or a combination of a berm and noise
attenuation fence, having a total height of not less than 5.5 metres above
top of rail must be erected and maintained by the developer on the
adjacent property parallel to our right-of-way. The berm portion must have
a minimum height of 2,5 metres above top of rail,
2. That all dwellings shall be set back a minimum distance of 30 metres from
the property line, with the exception of unoccupied buildings, such as
garages.
ATTACHMENT 4
L.R. : 22.10.88 1 0 9 0 VD-70-90
2 -
Schedule "V"
C.F. RAIL Continued
3. That a ground vibration transmission study, including site tests, be
prepared by a qualified consultant, and if levels are found to be in
excess of acceptable levels, all dwellings within 75 metres of the nearest
track should be protected, possibly by means of rubber pads installed
between the foundation and occupied portion. The vertical natural
frequency of the structure on the pads should not exceed 12 [(z.
4. That the Owner shall ensure that a clause is registered on, and run with,
the title of all properties within 300 metres of the C.P. Rail
right-of-way warning prospective purchasers of the railways's presence and
that C.P. Rail will not take responsibility for complaints as a result oft
noise, vibration, air quality, etc. generated by present and/or future
operations,
5. That the Owner shall ensure that the design of the plan does not increase
or change the direction of natural drainage affecting C.P. Rail's property
without the written approval of C,P. Rail,
6. That the Owner shall obtain the approval of C.P. Rail, including a written
agreement, prior to the installation of any proposed utilities under or
over C.P. Rail's property.
7. That the Owner shall erect and maintain a six-foot high chain-link fence
along the common property line between C.P. Rail's land and this
development, the cost of which to be borne by the Developer, and shall
ensure that a covenant is registered on the title of those lots abutting
C.F. Rail's lands that obliges the purchasers of said lots to maintain the
six-foot high chain-link fence in a satisfactory condition at the
purchasers' expense.
II
L.R. , 22.10.08
i
SCHEDULE "F"
THIS SCHEDULE IS SCHEDULE "F" to the Agreement, pursuant to Plan 18T-87030. which
has been authorized and approved by By-Law No. 89-27 of the Corporation of the
Town of Newcastle, enacted and passed the 13th day of February, 1989.
LANDS AND/OR CASH TO BE DEDICATED
(1) DEDICATION OF LANDS
The Owner shall deliver to the Town in a form satisfactory to the Town,
deeds to the following land:
Block 97, Plan loM — 833 For walkway purposes
Block 99, Plan IOM — 833 For parkland purposes
Block 101, Plan 10M 833 For road widening purposes
(2) CASH IN LIEU OF LANDS - NOT APPLICABLE
(3) The Town shall deliver to the Owner in a form satisfactory to the Owner
the deeds to the following land:
Part 1 Plan 101;— 3593 In exchange for over
Dedication of Parkland
The appropriate offers of Purchase and Sale and subsequent registration is
to be completed at the Owner's expense. Furthermore, the Owner agrees not
to seek any further compensation for any parkland over dedicated after the
land exchange is finalized.
L.R.: 22.10.88 ATACHIMIE-NT 5
1 0 12 UD-70-90