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HomeMy WebLinkAboutPD-25-83 PT /. 9 CORPORATION OF THE I-OWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1,10 TEL.(416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF FEBRUARY 7, 1983 REPORT NO. : PD-25-83 SUBJECT: RENEGOTIATION OF SUBDIVISION AGREEMENT WITH WILLIAM WATSON - PART LOT 31 , CONCESSION 1 , DARLINGTON, BY-LAW 80-102 RECOMMENDATION: It is respectfully recommended that 'the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-25-83 be received ; and 2, Thot ,Mr. Watson be,.advised that the Development Agreement between William Watson investments Limited and The Corporation of the Town of Newcastle originally entered into on July 28th, 1980 and authorized by By-law 8C-10� is hereby subject, to renegotiation to resolve. or, address those concerns identified by Stuff Report, PD-25-83. BACKGROUND AND COMMENT: On July 28th , 1980,, Council odopted, By-law 80-) O�. authorizing the. Town of Newcastle to enter into a Subdivision Agreement with William Watson Investments Limited regarding the development of a 6.97 hectare (17.22 acre). par.cel. of land .in Part Lot 31 , Concession 1 , * Darlington, in the ,Courtice Jn�:vstr+ial , Par,k. {key ,map attached) C Report No: PD-25-83 , , ,12 Council also adopted 6y-law 80 .103 to amend the zoning on the subject site in Darlington By-law 2111 , as amended, to Special Provision "M2-3 ( Indus-rial )". No portions of the subject property have been severed and conveyed, - although approval wa ;' granted by the Land Division Committee in April , 1979 to sever a 0.8 hectare (2 acre)' ' parcel , subject to a rezoning 'and a Development Agreement with the Town. However, the parcel was never severed and the approval expired on May 29th, 1981 . No capital works have been undertaken since the Agreement was entered into. On September 28th, 1982, the Planning Department received a letter from Mr. Watson, requesting that the Agreement be extended for a further two years . Acting on Mr. Watson 's request, Planning Department staff initiated a review of the' subject Agreement. This review identified a number of problems with the existing Agreement , which are dhtai led' below: 1 ) Schedule "G" (Works Required) , Clause 1 (Storm Drainage System) states that "the Owner shall ' employ his best efforts to obtain the necessary easdments external to the said Lands, for the disposal of storm water from same, and this shall be at no expense to the Municipality." These easements have not , as of yet, been acquired and, since they are necessary before the development can proceed, staff' feel that the acquisition of the easement should become compulsory. 2) The Public Works Department' have, indicated that Schedule "G" (Works 'Required) and Schedule ' "J" (Works Cost Estimate) should be revised- t9 eliminate' i'ndi�i dua'l frontages with Report No: PD-25-83 . . ./3 direct access to Baseline Road, and to include a provision for the reconstruction of those portions of Baseline Road and Trull 's Road fronting the development. (Staff note that the concern with respect to access to Baseline Road will require a revision to the proposed Plan to provide an internal service road ' as in the Marnie Subdivision. ) Section 55 of the Agreement (Nenotiation of Agreement) states that: "The Owners agree that the Municipality may, at its option in the circumstances set out below on thirty (30) days written notice to the Owners , declare this Agreement to be subject to renegotiaticn,whar•eupon 'the Owners agree not to undertake any construction or installation of any of the Works until this Agreement has been renegotiated. This Agreement may be subject to renegotiation if no construction or installation of any of the Works has commenced within two (2) years from the date of registration of the Plan ." Inasmuch as none of the Works required by the Agreement have been undertaken or the lands. subdividgd, and staff have identified a- number 'of concerns with the' existing, Agreement and proposed development,, staff suggest that it be renegotiated and Mr. Watson so advised. If, however, Council does not wish to proceed with renegotiation, the existing Agreement would remain in force. Respect ly ted, T. T. Edwards , M.C. I .P. Director of Planning *TTE*mjc ua ry 25 , 1,983 1J , rlr,, KEY MAP FORMER TOWNSNIF OF DARLINGTON LOT UI T I LOT I LOT I LOT LOT LOT 0 LOT ( LOT LOT LOT 35 I 34 J, 3 o I 32 1 31 30 I 29 28 ( 27 26 I 25 I a $10MAI ROAD N[ _= t i I i I i t I I i I t I I I ( I i I. '• _. � I I I ,SUBJECT I ISITE I I ♦ACNK CAMA*IAM i .I 1 t i I I i I I I LAKE ONTARIO "Z i ' I ' I i 0 25Q 500 loon ti FILE Z-A-1-7-3 5 100 I