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HomeMy WebLinkAboutPD-83-83 �.V 4 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1J0 TEL.(416)263.2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF JUNE 6, 1983 REPORT NO. : PD-83-83 SUBJECT: COURTICE HEIGHTS DEVELOPMENTS - PLANS OF SUBDIVISION 18T-76027 and 18T-76048 1 . STATUS OF DEVELOPMENT 2. MINOR AMENDMENT TO SUBDIVISION AGREEMENT RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-83-83 be received; and 2. That Section 2.14 - Mortgage, within the Courtice Heights Subdivision Agreement authorized by By-law 83-11, be revised to read as follows : "The Mortgagee hereby postpones his mortgage to this Agreement with the intent that this Agreement shall take effect as though dated, executed and registered prior to the Mortgage, and the Town shall be entitled to enforce the provisions of this Agreement as though the Mortgagee was the subsequent owner of the lands as contemplated by Section 36, Subsection 6 of the Planning Act, R.S.O. 1980, Chapter 379". Report No: PD-83-83 . . ./2 BACKGROUND: The General Purpose and Administration Committee at their Meeting of May 2nd, 1983, approved the following Resolution: "GPA 397-83: That Staff report back on the status of developments in the Courtice Heights Subdivision." COMMENTS: In response to the May 2nd, 1983 request by the General Purpose and Administration Committee re the status of Courtice Heights Developments, Mr. W. Manson , on behalf of * the applicants, submitted the attached letter of explanation. It is staff's understanding that pending completion of the items which need to be dealt with prior to construction taking place, a decision as to proceed this year has not yet been finalized. In addition, the developer has indicated to staff some difficulty in obtaining the signature of one of the Mortgagees to the Subdivision Agreement. The Mortgagee does not hold a mortgage on the whole of the lands, and the Mortgagee's solicitor is concerned that in the event of a foreclosure, he shall not use or develop the lands except in conformity with the provisions of the Agreement. The alteration to provision 2.14, as mentioned above, has been suggested by Town legal counsel , and we would request the concurrence of the Committee and Council in order to permit this revision to the Agreement and facilitate final execution. aC� Report No: PD-83-83 . . ./3 Staff have no objections to the amendment as proposed, and furthermore, would suggest that as the Subdivision Agreement has not been formally executed by both parties to date, the substitution of the new clause could be made by the applicants prior to their returning the signed Agreements following Committee and Council 's approval of the new paragraph. Respec 1 ted, T. T. Edwards, M.C.I.P. i mirector of Planning DT*TTE*mjc ay 20, 1983 U� /�/� / + 20 Clematis Road �.//(. CONSLIiEG:Nts M2J4dale,Ontario M2J 4X2 Tel.(416)497.4500 May 3, 1983 MAY 4 1981, Mr. D. N. Smith Administrator Corporation of the Town of Newcastle 40 Temperance Street Bowmanville, Ontario L1C 3A6 Dear Mr. Smiths Res Status of Courtice Heights Develonments Subdivisions 18T?602Z and 18T26048 In resnonse to the May 2, 1983 request by the General Purpose and Administration Committee for information concerning the status of Courtice Heights Develonments Subdivisions 18'x76027 and 18T76048, the following comments are providedi Subdivision 18T76027 1 . Three submissions of engineering drawings for water and sanitary sewer services have been made to date to the Region of Durham and approval in principle received subject to the Town of Newcastle apnroving engineering drawings for services within its jurisdiction. 2. A first submission of engineering drawings for local municipal works has been made to the Town of New- castle and comments have been received. These comments by the Town's technical staff were tem- porarily delayed until the new suY.,division agreement was negotiated and executed . On March 29, 1981 a design meeting wRs held with the 'Town and its engineering consultant with the result that the design criteria for the trunk storm sewer within the subdivision were modified. This has necessitated a redesign of the trunk storm sewer to be more comnatible with local collectors. Once this has 'been completed, the second and tt:ird engineering submissions can occur and Town approvgl obtained. This redesign of `town services will probably affect the design of Regional services and so necessitate a re-submission of engineering drawings to the Region for anDroval. I l t � Town of Newcastle May 3. 1983 Page 2 3. Before registration can occur, a subdivision agreement needs to be executed between the developer and the Region. In order to prepare a subdivision agreement, the Region requires that the engineering drawings be signed ( le approved) by both the Town and Region. In addition, approval certificates from the Ministry of the Environment are required for the water, sanitary, and storm services. 4. 'Before a subdivision can be registered, the lands to . be registered need to have all the survey bars and monuments in place . Some barring was completed a few years ago, but re-lotting and a change in provincial survey regulations necessitate that the old round bars be removed and new square bars be placed. 5. Before actual construction can occur, a Hydro agreement needs to be executed and the electrical distribution system designed. Extensive negotiations have occurred to date, but an agreement has not yet been executed. 6. Furthermore, before construction can occur, the design for Consumers Gas and 73ell Telephone services has to be initiated and completed. Typically, such design occurs when the design of the Town and Regional services has been settled. Subdivision 19LL048 1 . Three siibmissions of engineering drawings for water and sanitary services have been made to date to the Region of Durham and anoroval in principle, sub,ject to the Town aonrovin3 engineering drawings for services within its jurisdiction,, has been received. 2 . Two submissions of engineering drawings 'na.ve been made to the Town of Newcastle . Comments on the second engineering submission have not yet been received. Once received, only the third submission is required for approval of the engineering drawings. 3. Su:3estions on the contents of the new subdivision azreement have been forwarded by the developer to the i I Town of Newcastle May 3, 1983 Page 3 Town and municipal staff are currently preparing a first draft. This agreement needs to be negotiated and executed before registration is possible. 4. Before registration can occur, a subdivision agreement needs to be executed between the developer and the Region. As mentioned previously, the Region requires that engineering drawings be signed by both the Town and the Region and the MOE approval certificates Issued before commencing to prepare a subdivision agreement. 5. 'Before registration can occur, all the survey bars and monuments have to be in place. Substantial barring was done a few years ago, but a change in provincial regulations necessitates the removal of all round bars and the placement of new square ones . 6. 3efore construction can occur, final design of the outfall storm sewer between Na.sh Road and 1319.ck Creek should be eomoleted by the Town in order to accommodate future storm drainage flows from the subdivision. 7. Although extensive negotiations have already occurred, an agre-ment still needs to be signed with Ontario Hydro before actual construction occurs. 8. The design for Consumers Gas and 3ell Telephone services needs to be initiated and completed. Generally, such design occurs when the design of the Town and Regional services has been settled. I hope that the foregoing adequately summarizes the kinds of technical tasks that remain before registration and construction can occur. i Yours ru , i William D. Man WDM/emc i i