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HomeMy WebLinkAboutP-119-79 ;( . 44L CORPORATION OF THE TURIN OF NEWC/6TLF PLANNING AND DEVELOPMENT DEPARTMENT D. N. Smith,M.C.I.P., Director HAMPTON,ONTARIO LOB 1JO TEL.. (41 5)263-2231 REPORT TO THE PLANNING AND DEVELOPMENT COMvIITTEE MEETING of July 5, 1979" l'.EPORT NO. : P-119-79 SUBJECT: Courtice Storm Water Management Study Registration of Courtice Heights Subdivision Plans Correspondence from R. K. Webb BACKGROUND: The status of the Storm Water Management Study for Courtice was discussed at the Special Meeting of June 29, 1979. Staff was requested to prepare a report and recommiendatio n' to Council via the Planning and Development Committee. Meeting of July 5, 1979. Or. June 18th, 1979, the Town received the attached letter from R. K. Webb requesting that the subdivision agreements for the Courtice Heights subdivisions be amended to extend the time allowed for regis- tering the subdivision plans. Under the agreements, the subdivision plans have to be registered on or before January 6, 1980. Mr. Webb is requesting that the deadline be extended to July 6, 1981. As the Storm Water Management Study and the registration of the Courtice Heights subdivisions are related issues, staff have dealt with both in this report. - 2 - COMMENT: As discussed at the Special Meeting of June 29., 1979 and at previous Committee and Council Meetings, the further planning and development of the Courtice Envelope requires a comprehensive storm water management scheme for the control of storm water and surface run-off. The proposed Storm Water Management Study will determine possible alternative methods for storm water management in Courtice and will result in the preparation of a single Storm Water Management Plan. The Storm Water Management Plan may affect the extent and location of storm sewers accommodating storm water and surface run-off from the approved Courtice Heights subdivision plans and, therefore, should be completed prior to the acquisition of storm sewer easements by the Town. As the storm water management plan may also affect the design of development (subdivision) proposals throughout the Courtice Envelope, it should be prepared prior to the consideration of any further develop- _ ment proposals in the 'Courtice Envelope". It is estimated that the storm water management study will take 35 weeks to complete. As Committee and Council is aware, the Central Lake Ontario Con- servation Authority has requested that the Storm Water Management Study include provisions for analyzing water quality. This aspect of the study requires an additional $15,000., bringing the total study cost to $43,500. It is possible to receive funding assistance for a portion of the additional. $15,000 required. In the interests of expediency and as water quality may be considered a municipal concern., it is suggested that the Town immediately request the Conservation Authority to apply for funding assistance and that the Town allocate an additional $6,750 towards 3 - completion of the storm water management study. The total cost to the Town would be $35,250 for the study. In respect of the acquisition of :storm sewer easements for accommodating storm water and surface ,gun-off from the approved Courtice Heights subdivision plans, it would be appropria_e for the Town to proceed with obtaining easements as may be redefined through the storm water management study, by either expropriation or as a condition of the approval of subdivision plans. In either case, it may be necessary to amend the current O.H.A.P. agreements with the Ministry of Housing. It is recommended that the Ministry of Housing be so advised by the Town, and that upon completion of the Storm Water Management Study revised cost estimates for storm water management Eacilities be presented to the Ministry as a possible basis for renego- tiation. In respect of Mr. Webb`s request for extending the period for registration of the Courtice Heights subdivisions, it is noted that under Section 63 of the subdivision agreement (excerpt attached) , Mr. Idebb is, in effect, requesting a renegotiation of a portion of the subdivision agreement. Mr. Webb notes that the subdivision agreement will most probably not be registered by January, 1980 (18 months since execution of the agreement, July 6, .1978) . It is recommended that the Deriod for registration of the subdivision be extended for an additional three months period only,. to April 5, 1980 with the intent that the sub- division agreements may be renegotiated further at that time. Depending on the results of the storm water management study and the availability of funding through .the O.H.A.P.. agreements, it may be necessary to amend the Courtice Heights subdivision agreements to require that Courtice Heights be responsible for the provision of all lards or easements 4 necessary for the management of storm water from their subdivision plans. In respect of the Courtice Urban Area Plan and the Neighbourhood Development Plans for neighbourhoods defined within that document, it is suggested that the Town proceed with consideration of the Urban Area Plan with the proviso that it, in turn, will be reviewed upon � completion of the Storm Water Management Study. Similarly, it is suggested that the Town. proceed with the preparation of preliminary neighbourhood development plans for the Courtice area on the basis that these as well may be revised upon completion of the Storm Water 4, Management Plan, Staff recommend this course of action as certain elements of the Courtice Urban Area Plan and the Neighbourhood Develop- ment Plans may proceed. l;ECOMMENDATION: It is recommended than the Planning and Development Committee recommend that Town Council adopt the following resolution: 1. The Council of the Town of Newcastle hereby requests the Central Lake Ontario Conservation Authority to fund 55% of the additional $15,,000 required to undertake the Courtice Storm Water management Study with terms of reference to include an analysis of Water quality, and 2. As the Council of the Town of Newcastle recognizes that the adoption of a Storm Water Management Plan for Courtice is a prerequisite of further development approvals in Courtice, Town. y S - Council will not consider any development proposals in the Courtice Urban .Envelope until such time as the Storm Water Management Study has been completed and a Storm Water Management Plan adopted. Further, Town Council will not consider any development proposals in the Courtice Urban Envelope until such time as a revised Courtice Urban Area Plan has been adopted by Council and only at such time as Neighbourhood Develop- ment Plans have been prepared and adopted for individual neigh- bourhoods within the Courtice Urban Envelope, and 3. Council hereby advises the Ministry of Housing that upon adoption of a Storm Water Management Plan for Courtice that the Town may request revisions to the O.H..A.P. agreements covering the development of lands in the Courtice Area, and 4. Council hereby advises Mr. R. Webb that an extension of the time period for registration of the Courtice Heights subdivisions, Ministry of Housing files 18T-76027 and 18T-76048, to April 6, 1980 is agreeable to the Town on the understanding that at that time a further renegotiation. of the subject subdivision agree- ments may be required. Respectfully submitted, DNS:lb D. N., Smith, M.C.I.P. July 4, 1979 Director of Planning L Dunham, Director of Public Works 62 . ':'he: Owner and Nortgagvv hereby ous" nt to the registration of this Agreement by the MuniviyaULN, and covenant and agree the rugistration of any document not -c register or permit d I v i si on on any land in f -1 T 1, 0 f registration c the pl � aprcement , and cludoj in the said plan nuless Lh i any deeds , casements or othur docum-uts required to be furnished tLeraunder , have first been rolisle —d apainst Lhv title to the land included in the Plan . RENTSOTIATICE AND AMENDMENT of ACREEMEN'l 63 . ( 1) Thu Owner agrees that the • uU1c ! P1 " rY may at its option in the circumstances seat out 1,clow on thirty ( 30) days written otice to the Owner , declare tlji !kgreement to be subject to renegotiation , whereupon th • owner agrees not to undertake any construction or Lnstallation of any of the Works untli this Agreement has beer. vcnegOtiatod . This Agreement may be subAect to renegotiation if : the Minister approves a ',' I,-.n of Su"ndivision for the said lands which is substan� " lly different from the Plan attacheJ hereto as Schedule "B" or CiL) The Plan of Subdivision is nest finally approved by the reg-.jstered wit- hi-n uQKtCcn ( 13) months of the Minister and rhK Agicam-1c ; or dace of the execution 0 ! ; iii ) the agreempot beLwvPn ti,, own, r Ara the Regional MunicipalilY of Durham has not 'aeon Oxec " t ed At th,, time of thu execuri0v of this Agreement , 0I- such anreemont has been executed and is subsnquenLly Anowdud , Ond the provisions of such ap.r�!ciaenL a1: feet ma L01 Illy tho local- ion or sizing of Hn:� of the Works to' be S"Wird Ind vu-stalled under the term=. of t. hi ,, Agr(• •ntent ; M - v no construction or in:. ion " I -111Y of the Works has CL ' menced within two ( 2 ) vears frcm the dare of registration of the plan , ar. .1 failing agreement , this Agreement shall be null and void . ( 2) The parties may from time t " lime by mutual agreement ,i;i2nd the terms of this Agree meat arid any of tile Schedules 4M an amendment shall only be ni feet ! vc if in writing and execur •(l unjer the seals and hands 01 the propel officers of each party . 13) The parties hvicto acknowlvdn- that at the time of the e *: caltiora o - tIiis agreement. , only a r "d lined copy of the plan of subdivision is in existence and all Ipscriptions in this Agreement and the Schedules annexed K- rpto refer to the UncripL ,an-� in the red lined plan annexvd heruto — h Schedule "B" . Up"n te - final plan of subdivision boing nioprov-1 by the Minister of HousLng nhe final plan shall be substituted f" v the red lined i.-) Ia-i L1. nexed as Schcdole "B" and N11 vm,DdPcnts necessary or requisite >1 411 be made to conform with 1 h Acscriptions used in this Agrvrmer' the Schedules , ( and wilhoul imijing the generality of th(2 f- regoing , in particular and "Q" ) with the f -in,11 I• l -Ir X, :CIPALITY TO ACT PROMFTL•i , I . Wherever the Municipal it,v , or Lnc SoInitor , or the Treasurer fir the Municip3li Ly , or Lp" Director , in required to take acltc•rl I t; ) jyuarjt to this. Ag,, rcuwcnt , or i q roqu i i ,."d to make a decision 0 : wnjer an opinion , or giva confirnintion. or give authorization , permission or approval , than such ac don , decision , confirmatioA , ,3n,horization , permission or approval shall be made promptly an .! 1 , all respects the MuniripaliLy ind Is officers , servants or zgents shall act ruasonablv . JAW '—T C7 fi�'ti' I S . ����`� E7 H B UT . EU v 0 DRANIFTCUt�. Nl"l,ir C i• N. � [.JF r, D .n ,LL r� A SINS f•, B A. LLD Tt_LEP• UQF G ' S7 E•+ S A XL r, W, ,I f. f.I'",TIE CI A XU L OPAMPTON TURONTO � %UNSCL AREA CDC i -I-, L i C.t Ai Y., 14th june , 197 S.p 'u+umem++n.r"'�b•, .4.516 K o Mayor and Members of Council , �•, U e Carp"r-ation of the Town f ?�,�.�•,�casol , RECEI '��"`E �_.,' 4, Temperance Street , P •t''' AidVY LE, Ontario IS J,?70 I.,. C 3;,6 _ J l ti ;:;; ;3 r Sirs , Re : Courtiro TOWN 0,' PEVWClS3 13T-76027 <InW ! HT-76048 SecLion 63 in each -of t ;t ndy-om�r.tv requiron that the b'I vis 1. ri plan he reC{1 sLorel j n : ( q;1tccn months of th- 2, r_ _ Of `. W exeCULion Of the Agtnorit nL . he agreements work. L. n. . 'uLpd Truly b , 1978 . `[ .'tit. I11<•,.1'[:, i it.vt ;& , subdivision platy,-; `.. uld Nava to he registcrod in or he "rr January U , 1980 . 1 ould appoar at this point in limo 11nt theLsuhdivision plans ,. 11 probably not be '' e istorrd by januiry 6 , 1980 because , Or example , the necessary E'.a som^nt:s O storm water management: wi :i: uses may not be obtaine 1 in '.:life . in zddition, we Are i - : armed the Region of Durham has not yct lot all contracts C =ssary for the ConstructOn o7 sanitary sewer facilities [,')Aired for rogistr;ltinri of the suFdivi ;j _n plans , As you know, K e i lanning Act provides that a plan of subdivision should & r g i E tered within three years after the date of draft plan approva: .c T tis is .eighteen months more than was allowed in,the subdivision L rc:ement . Also , the Planning .'pct provides for an extension cf tie time for draft plan <:pprcval . in he circumstances , we hereby respectfully request that K c time for registering thn _•uba ivis.ion plans be extended July Wn will attend at the C '°uncil Wonting which is to be held on 0 ly 3 , 1979 at the hour of 7 . 00 p, R';. at 40 Temperance Street , anvi t l e , Ontario in ord['r thaz o II oy anmwur any questions i ,h von may have in respect of his . :[ u-sL . o I __I:2 date or time Jr pinco nr ? hn I'.It utlric should Change , t.. The mayor and members Df Coinchl , FL'Wri ')f Ncwcas-":-Io . DAVIS. WEBO '- H')LL�14�4-AKE: Twi Thanking you in advance for your co-oparation , He Remain, Murs truly , DAVIS , wcm, per - Wchh) RKW/vc . c .c . Courtice Heights Dcuolopments limitod .