HomeMy WebLinkAboutPD-25-83 PT /.
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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
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KEY MAP
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