HomeMy WebLinkAboutPD-96-89DN: WAVERL
TOWN OF NEWCASTLE
REPORT File #
Res. #�'./�• A -�3o®3 �%
By -Law # �y
MEET I: General Purpose and Administration Committee
DATE: MONDAY APRIL 3, 1989
FILE #: 18T -85035 & 10M 813
SUBJECT: WAVERLY HEIGHTS SUBDIVISION - BASELINE ROAD AND JOHN SCOTT AVENUE
CONVEYANCE OF A PORTION OF BLOCK 39, 10M 813, NOW PARTS 1 & 4 ON 1OR 3214
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD -96 -89 be received; and
2. THAT the request submitted by D. G. Biddle and Associates on behalf of
Waverly Heights Subdivision (Oshawa) Ltd, to purchase Parts 1 and 4 on
1OR 3214, being part of Block 39 on 10M 813 and subsequently conveying
each part to the abutting property owners be approved; and
3. THAT the appropriate offers of purchase and sale and subsequent
registration be completed at the applicant's (Waverly Heights
Subdivision (Oshawa) Ltd.) expense; and
4. THAT the attached By -law be approved, thereby authorizing the Mayor and
Clerk to execute the Purchase and Sale Agreement and subsequent
registration on behalf of the Town of Newcastle; and
5. THAT D. G. Biddle and Associates be so advised.
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1106(
REPORT NO.: PD -96 -89 PAGE 2
1. BACKGROUND
1.1 Through the consideration of draft Plan of Subdivision 18T 85035, and
subsequent registration of Plan 1OM 813, a condition of approval
required the dedicating to the Town of Newcastle, free and clear of all
emcumbrances, of an appropriate block for a walkway. The walkway was
to provide pedestrian access to Regional Road No. 57 and north.
1.2 It has been brought to Staff's attention that in constructing the
dwelling unit on Lot 12, Plan 1OM 813, the setback at the north east
corner of the dwelling unit, adjacent to the walkway block was
inadvertently provided with only a 2.44 metre sideyard as opposed to
the 3.0 metre requirement.
1.3 Therefore D. G. Biddle and Associates requested to purchase from the
Town a 1 metre strip on both sides of the 5.0 metre walkway Block to be
conveyed back to the developer who will in turn convey to the abutting
lot owners to correct this deficiency at no cost of the abutting owners.
2 STAFF COMMENTS
2.1 The Works Department in reviewing this request for the reduced walkway
width, offered no objection to the proposal noting that the walkway to
be constructed in the reduced portion of Block 39 would comply with the
Town's standard design criteria and drawings as approved by the Director
of Public Works in conjunction with the Plan of Subdivision.
2.2 The applicant in requesting the purchase of part of Block 39, indicated
that they will be responsible for the transfer, legal and survey costs
attributed to this exercise.
X062
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REPORT 0D^; PD-96-89 P&Q8 3
_______________________________________________________________________________
2.3 In consideration of the laud value of the two strips of land, shown as
Part l and 4 on 10B 3214, the applicant has agreed to purchase the lands
from the Town at a value of ¢1,118.42. This amount is consistent with
the appraisal report, prepared for the Plan of Subdivision and
calculation of the cash contribution toward parkland.
2.4 To that end D. Q. Biddle and 8mouuiateo on behalf of their client has
forwarded to the Town draft Transfer for each DerneI for the Town's
consideration.
2.5 In consideration of the above, Staff would have no objections to the
request as submitted by D. C. Biddle and Associates on behalf of
Waverly Heights Subdivision (Oshawa) Ltd.
Respectfully submitted, Recommended for presentation
to the Committee
___
Franklin Wu, M.C.I.P.
Director of Planning 6 Development
LDT*FW*cc
*Attach.
March 30, 1989.
CC: D. G. Biddle and Associates,
Consulting Engineers
96 King 8t. 8.,
08BJQWA, Ontario
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Mr. BooeId Swartz
Swartz 6 Swartz,
Barristers 6 Solicitors
331 Simcoe Street North
Oshawa, Ontario
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