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HomeMy WebLinkAboutPD-196-90 Addendum UNFINISHED BUSINESS TOWN OF NEWCASTLE t REPORT File # j ' � Res. # �4-�. By-Law # hEETING: Council DALE. Monday, June 25, 19 9 0 Addendum to REPORT #: PD-196-90 FILE #: DEV 75-2 SUEJECT: SITE PLAN AGREEMENT BETWEEN MORSYD INVESTMENTS LIMITED, THE TOWN OF NEWCASTLE AND THE BOWMANVILLE PUBLIC UTILITIES COMMISSION OWNER: SABINA INVESTMENTS INC. (COMBO HOMES DEVELOPMENTS) PART OF LOT 10, CONCESSION 1, FORMER TOWN OF BOWMANVILLE RECOMMENDATIONS: It is respectfully recommended to Council: 1. THAT the Addendum to Report PD-196-90 be received; 2 . THAT Report PD-196-90 be received for information; 3 . 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, at such time the Owner has conveyed by deed to The Town of Newcastle a four (4) metre strip of land along the easterly limits of the subject site, 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 the amending agreement; 4 . THAT the interested parties listed in this report and any delegations be advised of Council's decision. 1. BACKGROUND AND COMMENT: 1. 1 Council at their June 11, 1990 meeting endorsed the following resolution. . . .2 REPORT PD-196-90 PAGE 2 "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 received at the Council meeting of June 11 , 1990 FORTHWITH; " . 1.2 A meeting was convened on June 14, 1990 between Mr. Armoyan, Mr. De Sylva, on behalf of Sabina Investments Inc. , and staff to review the events and items as contained in staff report PD-196-90. 1. 3 Resulting from this meeting Mr. De Sylva indicated that upon his firm's reviewing once again the provisions of the Site Plan Agreement, their response would be forwarded to Staff for disposition of Report PD-196-90 . 1.4 Notwithstanding Mr. De Sylva's clarifying Sabina Developments position, Mr. Armoyan, Nor Arm Developments wished to resolve the situation and have the necessary mechanism in place, to the satisfaction of the Town for the acquisition of the (4) four metre strip. 1 . 5 To that end, Staff Report PD-213-90 was presented to Committee for their consideration at the June 18, 1990 meeting. This report was subsequently referred to the Council meeting of June 25, 1990. 1. 6 Staff on June 19, 1990 was provided a letter (copy attached) from Sabina Investments indicating their concurrence to proceed with the recommendations of PD-196-90 and levy payment as described therein. 1. 7 Staff, as contained in Report PD-196-90 would support the amending of the existing 1975 Agreement. The recommendation contained within this addendum report has been revised to clarify the timing of the amendment to the Agreement to correspond with the deeding to the Town of the four (4) metre strip. REPORT PD-196-90 PAGE 3 1.8 Accordingly, the recommendation with PD-213-90 is unnecessary and pending Council 's concurrence with the recommendation of the addendum report, Staff will proceed with the preparation of the necessary amendments . Respectfully submitted, Recommended for Presentation to Council Franklin �u � '7a'� Lawrence E. Kotseff t--Director of Planning & Development Chief Administrative Officer LT*FW*bb *Attach June 20, 1990 INTERESTED PARTIES TO BE NOTIFIED OF COMMITTEE AND COUNCIL'S DECISION: Mr. Dave De Sylva Sabina Investments 4950 Yonge Street Suite 1914 North York, Ontario M2N 6K1 G. M. Sernas & Associates 110 Scotia Court Unit 41 Whitby, Ontario L1N 8Y7 Mr. G. Armoyan Nor Arm Development Nor Arm Tower 1280 Finch Avenue West Suite 710 Downsview, Ontario M3J 3K8 SABINA INVESTMENTS t ut\'� r June 18 , 1990 Town of Newcastle 40 Temperance Street Bowmanville, Ontario L1C 3A6 ATT: FRANK WU, PLANNING DIRECTOR Re: Combo Homes Town of Newcastle Dear Sir: This letter. will confirm our meeting of June 14 , 1990 wherein you proposed that a fair resolution for the further development of the_ site plan . would involve the endorsement of your. staff -report 'as previously written.- Although the original agreement ' contemplated a condominium development it was your view that the Town would seek the current new levies if and when the registration of the condominium took place. We have had an opportunity to review the possibility of this and acknowledge that the Town could in the future require this further payment. As a result we are now prepared to proceed with the recommended $1, 500 . 00 per unit providing that the Town does not seek further increases in this at the time of full condominium approval. We also agree that these levies shall be paid at the time of building permit approval and that the corresponding amended site plan approval will be effective for a period of two years . In addition to this we had an opportunity to review the cash- in-lieu for parkland, and by separate letter to your Mr. Taylor we are enclosing a copy of the recent Agreement of Purchase and Sale together with a calculation as confirmed by you. We would appreciate written acknowledgment of the amount payable. Finally, we have written to Newcastle Hydro to establish your position with -respect to Hydro levies . On the basis of the above we are willing to proceed, subject to confirmation of cash-in-lieu, and an acknowledgment with respect to further levies. When the appropriate agreement is amended, we would be pleased to forward to you the transfer for the widening required by the Nor-Arm plan. . . ./2 4950 YONGE STREET, SUITE 1914, NORTH YORK, ONTARIO M2N 6K1 TEL. (416) 226-2158 FAX (416) 226-5471 . . /2 We thank you for your continued co-operation in this matter, it is greatly appreciated. Yo,- -s ver uly, 71SABA\ `Y � It�E S Dave de Sylva, P. Eng. DdS:df Encls . C. C. Mayor Marie Hubbard 4950 YONGE STREET, SUITE 1914, NORTH YORK, ONTARIO M2N 6K1 TEL. (416) 226-2158 FAX (416) 226-5471