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HomeMy WebLinkAboutPD-213-90 OTHER BUSINESS �,,) TOWN OF NEWCASTLE REPORT File # r Res. # By-Law # 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