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Home My WebLink AboutPD-196-90 TOWN OF NEWCASTLE r� DN: MORSYD.REP REPORT File # Res. # ♦ � By-Law # MEETING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: Monday, June 4, 1990 FfPORT #: PD-196-90 FILE #: DEV 75-2 Sl1B.�CT: SITE PLAN AGREEMENT between MORSYD INVESTMENTS LTD. , THE TOWN OF NEWCASTLE and THE BOWMANVILLE PUBLIC UTILITIES COMMISSION OWNER: JABINA INVESTMENTS - COMBO HOMES DEVELOPMENT PART OF LOT 10, CONCESSION 11 FORMER TOWN OF BOWMANVILLE RECOMMENDATIONS: It is respectfully recommended that the General Purpose & Administration Committee recommend to Council the following: 1 . THAT Report PD-196-90 be received; 2 . THAT Staff be authorized to amend the site plan agreement between Morsyd Investments Ltd. , The Town of Newcastle and the Bowmanville Public Utilities Commission, registered on title March 7, 1975, by replacing same with a new agreement reflecting current Town and Newcastle Hydro Electric Commission requirements, save and except a levy payment being set at $1,500 . 00 per unit for a period of two years from the date of said amending agreement; 3 . THAT the interested parties listed in this report and any delegations be advised of Council 's decision. BACKGROUND AND COMMENT: 1. Background 1. 1 A site plan agreement executed between MORSYD Investments Limited, The Corporation of the Town of Newcastle and the Bowmanville Public Utilities Commission on September 23, 1974 was registered on title on March 7, 1975 as Instrument #70881. I G REPORT PD-196-90 PAGE 2 1.2 This agreement contemplated the development of a one hundred and forty-seven ( 147) unit condominium-row house project located with the former Town of Bowmanville on the north side of King Street, east of Church Street and St. George Street. 1. 3 Paragraph No. llb) within the agreement acknowledged that the Town would convey to the Developer a parcel of land measuring 66 .03 ' by 3001 , abutting the southerly limits of the property for the construction of a roadway, thereby providing access from the site to King Street. 1.4 The Agreement goes on to state that the conveyance would take place at such time that the appropriate letters of credit, cash or other negotiable securities for the estimated cost of services to be installed on the subject lands have been deposited with the Town. 1.5 Paragraph 30 states that the Developer agrees to pay the following sums under this Agreement upon the issuance of building permits in addition to the usual building permit fees: a) the amount of $600 . 00 to the Town for each dwelling unit to be constructed on the lands as general levies; b) the amount of $15,060.00 to the Town in accordance with Council resolution C-770-72 . . . cash in lieu of parkland dedication; and c) the amount of $150 .00 to the Bowmanville Public Utilities Commission for each dwelling unit to be constructed on the lands as electrical service levies . 1.6 Based on the advise on file from the previous Town's solicitor, this agreement is still valid and is binding on all parties . However, if the site plan is amended, the agreement will be considered null and void. 2 . Proposal by Owner 2 . 1 By correspondence dated April 19, 1990, and received by Staff on May 14, 1990, Mr. Dave De Sylva of Jabina Investments confirmed that Jabina Investments wishes to proceed with the development of the existing site plan agreement and terms therein. REPORT PD-196-90 PAGE 3 2 .2 Jabina Investments has, however, indicated that they have been approached by Nor-Arm Developments to purchase a 4 .0 strip of land at the easterly limits of their property to be used in conjunction with draft approved plan of subdivision 18T-88076 and the eventual construction of an 18m road allowance abutting their easterly property line. Accordingly, an amendment to the 1974 site plan is required and the previous agreement is now subject to renegotiation. 2 . 3 Jabina Investments has indicated that they are prepared to provide the four (4) metre strip of land to the Nor- Arm Development by deeding said lands directly to the Town of Newcastle, subject to the site plan agreement being amended and the matter of municipal levies been resolved expeditiously. To that end, Jabina Investments have proposed to pay to the Town, the sum of One Thousand, Five Hundred Dollars ($1,500 . 00) per unit. 3 . Comments 3 . 1 Staff has met with representatives from Jabina Investments on several occasions to resolve the significant difference between the $600 .00 levy amount in the agreement and the current lot levy of $2,974 . 00. 3 .2 In consideration of the fact that the development could proceed on the basis of the provisions within the 1974 agreement, Staff would consider the payment of one thousand five hundred dollars ($1,500.00) per unit a reasonable comprise. This is, however, subject to the amending agreement acknowledging that the levy amount ( $1,500 . 00) is applicable for only a two year period from the date of execution of the amending agreement. Should building permits not be issued prior to the two (2) year period lapsing, the levy amount due would then revert to the applicable amount of that day. 3 . 3 Staff would additionally request an amendment to the provisions pertaining to cash in lieu of parkland to reflect a current land value prior to the issuance of any building permits . It is noted that Section 40 (6) of the Planning Act, as amended, supports this request confirming that the determining factor for calculating the value and the subsequent payment as being the day before the day of issuance of a building permit. 3 .4 In as much as the development agreement entered into involves a third party, being The Bowmanville Public Utilities Commission, any amendment should include the concurrence of the Newcastle Hydro Electric Commission. �� 6 ( REPORT PD-196-90 PAGE 4 3.5 In discussing the request of Jabina Investments, Newcastle Hydro Commission Staff have indicated their general support for a new agreement addressing current practices . It is noted that the current rate of the Hydro Commission is $1,600 . 00 per unit. In consideration of the Commission's position, any new agreement between the Town and Jabina Investments would stipulate that all necessary requirements of the Newcastle Hydro Commission have been met prior to the issuance of building permits . 4 . 0 Conclusion 4 . 1 In consideration of the above, Staff would recommend Jabina Investments be required to enter into a new site plan agreement with the Town reflecting current Town and Hydro Commission's requirements with the exception of the levy payment being set a $1,500 . 00 per unit for a period of two (2 ) years from the date of an amending agreement and as described within said report. Respectfully Submitted, Recommended for Presentation to the Committee, Franklin Wu, M.C. I.P. L' wrenc Kotseff, Director of Planning and Chief 1m` nistrative Development Office LT*FW*lp May 24, 1990 INTERESTED PARTIES TO BE NOTIFIED OF COMMITTEE AND COUNCIL'S DECISION: Mr. Dave De Sylva G.M. Sernas & Associates Jabina Investments 110 Scotia Court 4950 Yonge Street Unit 41 Suite 1914 Whitby, Ontario L1N 8Y7 North York, Ontario M2N 6K1 Mr. Bud Moore Newcastle Hydro Electric Commission P.O. Box 130 Hwy. 2 & Lambs Road Bowmanville, Ontario L1C 3K9 X61 ® SUBJECT SITE LOT II LOT 10 LOT 9 :ONC SSION - -STREET '� •�-------- CONCESSIO "STREET I Wa Rl a F T EAU DRIVE Z R4-1 s I MARCHW LOVER L LOWE T R1 I C2 I Islv°. (TRUDEAU OR EP W 1 I /? LIBERTY i LACE R 1 1 R 1 w I ,/2 /? CARLISLE AVE. I F-: K Q I r I 1 a � ) a f2i w %FFr EP 60 /2 > cl/ `� c� (H) R4R4 R3 RI-3 Rl I W W C 1 OW Ci +� "Icy cl (H)CI " ct C1-3 I Z POy z� Q I U N T ` 0 j it Rt-5 Z Rt-5 LL C �. a s�• I I �HPk' I PRINC STREET R3-' I ' I aS JANE P�P1E RiR4 N O 50 *0 200 300m KEY MAP 562 N I P IE'30"Al 708.33' - \• �: ;• __T--I I� 37 (;. - i 4 .. h .4 43 :ii-'I .'.,. P '� — O IE: N17°16'30 1'W _ w 30.00'- - - -— sr�ru M I - V •Y� r. �{{, �- - -.f�cg'Wi�uaU(+�flb.,I fi—Tw� wo N 17 118130"w 300.00' ID IV x�SSS _ y tO I—Ti;i: ,Sf i I i'Lta. TD-1 I ail ' iglu-:_ I'71 i7 j '-T=i 5'1 R K 'k 17 d) c53.87' ( ' N15°26'30"W 87,38' I � � I '111e UMtS A `� I � o {•RR�r��o�I.eK.,IL n.at°,. °�t IM _ 'o N15°Od"W_. w 5.17' n�SCL) z 3 til' 1�7 13613Cc,N 120.00' I THE TOWN ONTARIO June 18, 1990 Mr. George Armoyan Nor-Arm Developments 1280 Finch Avenue West Suite 710 Downsview, Toronto M3J 3K6 Dear Mr. Armoyan RE: SITE PLAN AGREEMENT BETWEEN MORSYD INVESTMENTS LTD. , THE TOWN OF NEWCASTLE AND THE BOWMANVILLE PUBLIC UTILITIES - JABINA INVESTMENTS -COMBO HOMES DEVELOPMENT - OUR FILE: 60 .51. 155 I write further to your presentation to the Council of the Town of Newcastle, on June 11, 1990, and advise that the following resolution was passed: " THAT Report PD-196-90 be referred back to the Director of Planning for a further review and recommendation in conjunction with the delegation of Mr. George Armoyan sit :1s1 received at the Council meeting of June 11, 1990 FORTHWITH; and THAT Mr. Armoyan be advised of Council's decision. " Your tr ly, t Pat L. B rie, A.M.C.T. i Clerk PLB/km cc: B. Moore, Newcastle Hydro Electric Commission G.M. Sernas and Associates D. DeSylva, Jabina Investments F. Wu, Director, Planning and Development CORPORATION OF THE TOWN OF NEWCASTLE 40 TEMPERANCE STREET • BOWMANVILLE • ONTARIO • L1C 3A6 • (4 16) 623-3379 FAX 623-4169