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HomeMy WebLinkAboutPD-288-86 v e) TOWN OF NEWCASTLE REPORT File # f, Res. # By-Law # SING: General Purpose and Administration Committee DATE: Monday, December 1, 1986 REPORT #: PD-288-86 FILE #: DEV 75-59 SUBJECT: NEWCASTLE CONDOMINIUM CORPORATION NO. 2 OUR FILE: DEV 75-59 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-288-86 be received; and 2. THAT Newcastle Condominium Corporation No. 2, represented by Mr. Craig Whitney, be advised that the Town of Newcastle has considered their request of September 23, 1986 and resolved not to amend the Development Agreement between the Town of Newcastle and the Owners of the subject lands with respect to garbage pick-up and maintenance of internal storm sewers and street lights, nor does it deem it advisable to lift parking restrictions on Martin Road between Alonna Street and Durham Road No. 57; and 3. THAT request of the Newcastle Condominium Corporation No. 2, with respect to maintenance of the adjacent property to the north be referred to the Property Standards Officer for investigation and appropriate action, and Mr. Whitney be so advised. . . .2 REPORT NO.: PD-288-86 Page 2 BACKGROUND AND COMMENTS: At the Council Meeting of October 14, 1986, Council considered correspondence from the Newcastle Condominium Corporation No. 2 in respect of garbage pick-up, property and facility maintenance, and on-street parking. Resolution #C-826-86 referred the communications to the Planning and Public Works Departments for a joint report to the General Purpose and Administration Committee. The subject condominium is covered by a Site Plan Agreement between the Town of Newcastle and the developers of the project, which Agreement is registered against title of the subject lands and pursuant to the provisions of the Planning Act, is enforceable against the Condominium Corporation which is the current owner of the subject lands. * The letter from Mr. Craig Whitney, copy attached, on behalf of the Condominium Corporation requests that the Condominium Corporation be released from the provisions of the Site Plan Agreement with respect to garbage collection inasmuch as a portion of the municipal tax bill is allocated for garbage collection. The letter is also requesting that the Town take over maintenance of internal storm sewers and street lights. These are matters specifically addressed by the Site Plan Agreement, registered against title of the lands, and presently the responsibility for the maintenance of storm sewers, water works, sanitary sewers, internal roads, sidewalks and street lights rests with the Owners of the lands. Similarly, these are all considered as common elements of the Corporation, for the purposes of the Condominium Act of Ontario and as such, are the express responsibility of the Condominium Corporation and its Board of Directors. In addition, the Agreement requires the Condominium Corporation to collect all garbage and refuse, at least once per week, from each housing unit and deposit same at a central waste disposal area which is to be maintained in a . . .3 REPORT NO.: PD-288-86 Page 3 hygenic condition will all waste to be removed by the Condominium Corporation to an approved site such as a Durham Regional Landfill site. This is also a responsibility of the Condominium Corporation and, pursuant to the Condominium Act, owners of individual units are responsible for a contribution towards common expenses of which garbage collection would be only one. The Treasurer has advised that this area is included in the defined area for garbage collection and taxed accordingly. In that regard, pursuant to Section 210, Paragraph 85 of the Municipal Act, Council may define areas for garbage collection and once defined, all properties within that area are subject to any special rate applied to defray the cost of garbage collection within the area. With respect to the request, Staff do not recommend the Town assume any of the responsibilities of the Condominium Corporation inasmuch as the purpose of establishing a condominium in the first place, was to provide for reduced standards, increased density, certain common elements and the joint maintenance and upkeep of the condominium property. Assumption of these responsibilities would, in our opinion, also mean the assumption of liability related to the failure of any of these items and it is Staff' s considered opinion that this would not be in the best interest of the Municipality, bearing in mind the purpose and intent of Condominium Agreements. With respect to the aspect of garbage collection, the internal road pattern was not designed to accommodate the regular movement of large vehicles such as garbage trucks. This is reflected in the terms of the Site Plan Agreement which require disposal of waste at a central on-site facility for subsequent transportation to a landfill site. Pursuant to the provisions of the Planning Act, the Municipality is empowered, through Site Plan approval , to require the provision, of all of the subject facilities and matters as well as their maintenance to the satisfaction of the Town. Similarly the Town can require execution of an Agreement to ensure such matters are provided by the Owners of the property. Such an agreement was executed and registered on title, and is now the responsibility of the Condominium Corporation . 4 REPORT NO.: PD-288-86 Page 4 With respect to the issue of parking, the approved Site Plan for this development indicates a total of forty-four (44) residential units. Pursuant to the Town' s current Zoning By-law, this would require a total of eighty-eight (88) parking spaces. A total of ninety-two (92) spaces are provided on site and is considered to be adequate for this type of residential development. With respect to the issue of parking along the west side of Martin Road, a similar request was submitted by Newcastle Condominium Corporation No. 2 in September of 1985 and reported on by the Public Works Department through Staff Report WD-65-85. Said report recommended that, due to reasons of safety and maintenance, it would not be advisable to lift parking restrictions on Martin Road. This recommendation was approved by Council at its meeting of October 15, 1985 and Newcastle Condominium Corporation No. 2 so advised. Public Works Department Staff have indicated that there has been no change in their position or comments relative to this issue and as such, feel that the present prohibition of parking along Martin Road, adjacent to this development remains appropriate. The final issue involves maintenance of the adjacent property to the north. The Condominium Corporation is requesting the Town to maintain the property. However, this is private property and as such would be subject to the requirements of our Property Standards By-law. Accordingly, we would recommend that Mr. Whitney' s letter be considered a formal complaint pursuant to said By-law and forward same to the Property Standards Officer for investigation and appropriate action. Based on the foregoing, Staff would recommend that the Newcastle Condominium Corporation No. 2 and, specifically Mr. Craig Whitney, be advised that the Town of Newcastle does not support an amendment to the Development Agreement . . .5 REPORT NO. : PD-288-86 Page 5 registered against title of the subject lands, nor does it deem it advisable to lift parking restrictions on Martin Road between Alonna Street and Durham Road No. 57. Mr. Whitney should also be advised that the issue of maintenance of the adjacent property to the north has been referred to the Property Standards Officer for necessary action. Respectfully submitted, Recommended for presentation to the Committee war s, M.C. awrence otseff Director of Planning Chief Admi i,strative Officer Gordo ug ng. Director of Public Works TTE*j i p *Attach. November 18, 1986 CC: Mr. C. Whitney Newcastle Condominium Corporation No. 2 P.O. Box 174 BOWMANVILLE, Ontario L1C 3K9 1.U11111luf11CdUoils U11'e(AlUll Newcastle Condominium Corporation No. 2 P O Boo 174 Bowmanvdie, Ont. L1C 3K9 _ September 23, 1986 Town Clerk 40 Temperance Street Bowmanville, Ontario UC 3A6 Dear Sirs To our knowledge there has been an agreement made between the Town of Newcastle and Clarion Investments for garbage pick-up at the townhouses re?2 Martin Road. We the homeowners wish to have this changed as we pay for garbage pick-up in our taxes along with our maintenance fees. Also may we have the town maintain our storm sewers and street lights. Also we request that the town maintain the field at the corner of Martin Road and Highway ##5? for we believe the mice that are getting into our homes are from this field. May we also request the town to change the by-law allowing us to park on the west side of Martin Road from the corner of Highway #57 and Martin Road to Alonna Street. As you may not know, there is plenty of shoulder to -park on without interferring with traffic. Please reply as soon as possible on the above matters. Yours truly, Craig Whitney/ NCC##2 II TRI3UTION CLERK.-Cl---------------- r/ i 4 _ October 14, 1986 ail Minutes �,"UNICATIONS Resolution #C-825-86 Courtice & Area Moved by Councillor Cowman, seconded by Councillor Wotten Community Association Re: Walkway THAT the communication dated September 11 , 1986, from ` 3e: Walk. Mr. Keith Richardson, R.R. #3, Nash Road, Bowmanville, L1C 3K4, requesting that Council approve the establishing of a Nature Walkway in the Windsor Valley Place Area of Courtice be received; AND THAT the request be referred to staff for review and a t report oeto General approPurpose riatenessAdministration Committee proposal with respect AND FURTHER THAT Mr. Richardson be advised of Council ' s decision. "CARRIED" D - 2 Resolution #C-826-86 Newcastle Condominium Moved by Councillor Hubbard, seconded by Councillor Hamre Corporation No. 2 77.2.102. THAT the communication dated September 23, 1986, from r. Craig Whitney, Newcastle Condominium Corporation No. 2, P.O. Box 174, Bowmanville, L1C 3K9, requesting that Council arrange for the collection of garbage, maintenance of storm sewers, street lights in the development, weed and vermin control , on vacant lands at Martin Road and Regional Road 57, and finally, that the by-laws be amended to permit parking on Martin Road adjacent to the development, be received; AND THAT the communication be referred to the Planning Department and the Public Works Department for a joint report to the General Purpose and Administration Committee; AND FURTHER THAT Mr. Whitney be advised of Council 's decision before Friday. "CARRIED" D - 3 Resolution #C-827-86 Petition - Waverley Rd. Moved by Councillor Hamre, seconded by Councilor Hubbard Residents - Noise By-law 10.13.5. THAT the petition dated August 21 , 1986, from Mr. Ed Rousseau, 77 Waverley Road, Bowmanville, requesting that Council enforce the Town' s Noise By-law be received; � AND THAT the petition be referred to the Clerk's Department for review and a report to the General Purpose and Administration Committee; AND FURTHER THAT Mr. Rousseau be advised of Council 's decision. "CARRIED" i i i I