HomeMy WebLinkAboutPD-213-90 OTHER BUSINESS
�,,) TOWN OF NEWCASTLE
REPORT File #
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Res. #
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MEETING: General Purpose and Administration Committee
DATE: Monday, June 18, 1990
REPORT #: PD-213-90 FILE #:
SU&ECT: NOR ARM DEVELOPMENT SABINA DEVELOPMENT
ISSUE RELATED TO THE FOUR (4) METRE STRIP ROAD ALLOWANCE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-213-90 be received;
2 . THAT the following provisions be included in the subdivision
agreement with Nor Arm Development:
a) Nor Arm Development shall deposit an irrevocable Letter of Credit
with the Town in an amount of $250,000 to guarantee the acquisition
of a 4 metre strip road allowance from the abutting owner to the
west.
b) Nor Arm Development shall be responsible for the said land
acquisition, develop it as part of the road allowance in accordance
to Town's standard including the burial of all existing hydro
facilities and convey to the Town free of all encumbrances within
five (5) years from the date of this agreement.
c) Nor Arm Developments acknowledges and agrees that it has no
recourse, legal or otherwise, to recover the money on the Letter
of Credit drawn by the Town at the end of the said five (5) year
period in the event Nor Arm Development fail to live up to its
obligation as agreed.
. .2
REPORT NO. : PD-213-90 PAGE 2
REPORT
1. 1 Condition of approval imposed by the Town requires the developer
to provide 18 metre wide road allowance. Nor Arm Development only
has 14 metre wide strip and is required to acquire an additional
4 metre strip from the abutting owner Sabina Development who in a
letter dated October 1989 agreed to provide the 4 metre strip to
Nor Arm Development.
Apparently, Mr DeSilva of Sabina. Development now does not wish to
provide the 4 metre strip and now Nor Arm Development is requesting
the Town to accept a 14 metre wide road allowance.
1.2 Town staff discussed this matter with Nor Arm Development on June
14, 1990 and proposed the following solution. A Special condition
will be inserted in the Town's standard subdivision agreement
whereby Nor Arm will deposit an irrevocable Letter of Credit with
the Town in an amount of $250,000 to guarantee the acquisition of
the 4 metre strip of land from Sabina Development in subsequent
date. Nor Arm shall bear the responsibility of securing the 4 metre
strip from Sabina Development within five (5) years from the date
of the subdivision agreement. In the event Nor Arm fail to acquire
the 4 metre strip, develop it as part of the road allowance in
accordance to Town's standard including burial of all existing
hydro poles and facilities, and be conveyed to the Town free of all
encumbrances within the said time period, the Town shall demand
payment of the Letter of Credit and Nor Arm agrees that it has no
recourse, legal or otherwise, to recover the money drawn by the
Town.
1. 3 With respect to Sabina Development, Staff met with Mr DeSilva and
advised him that it is staff opinion that the Town has never given
approval to any condominium approval to his 147 unit development.
. . 3
REPORT NO. : PD-213-90 PAGE 3
1. 3 Therefore any future application for condo approval under the
Planning Act and the Condominium Act will be subject to full
development charge levy, parkland dedication and all other
requirements of the Town. We further advised Mr DeSilva that it may
be in his interest to agree to the terms and conditions, including
the $1,500 lot levy per unit, as contained in Planning Report PD
196-90 which was referred back to staff by Council on June 11,
1990 . Mr. DeSilva indicated that he would have his lawyer review
the 1975 agreement and he will further advise the Town. In the
event Mr. DeSilva agreed to the recommendations of the Planning
Report, staff will bring forth a report to the GPA to recommend
that the 1975 agreement be amended with the additional condition
that Mr. DeSilva will deed the 4 metre strip of land to the Town
including the financial responsibility of burial of all existing
hydro facilities on it. If Mr DeSilva does not agree, it will be
up to him to challenge the Town.
Respectfully submitted, Recommended for Presentation
to the Committee
Franklin Wu
Lawrncp E. Kotsef f
Director of Planning & Development Chief Administrative Officer
FW*bb
*Attach
June 15, 1990