HomeMy WebLinkAboutP-101-79 CORPORATION OF: THE 10"'N OF NEWCAST1.1
PLANNING AND DEVELOPMENT DEPARTMENT D. N. Smith ,M.C.I.p.,Dlrector
HAMPTON,ONTARIO LOB 1JO TEL. (416)263-2231
REPORT TO PLANNING AND DEVELOPMENT COMMITTEE MEETING OK Jul _.�5�19
19
REPORT NO. : P-101-79
SUBJECT: Building Permit for a Partially Completed Building on
Part of Lot 28, Broken Front Concession, former Village
of Newcastle
BACKGROUND:
On September 13, 1.973, the Council of the Village of Newcastle
adopted By-law 73-15, being a comprehensive zoning by-law for the
former Village. By-law 73-15 was of clues tionab le legal status as the:
By-law has never received Ontario Municipal Board approval.
On May 23, 1979, the Council of the Town of Newcastle repealed
By-law 73-1-15 and replaced it with By-law 79-44, a new comprehensive
zoning by-law for the former Village.
On June 25th, 1974. Town Council approved by-law 74-53 an amend-
ment to the original comprehensive zoning by-law 73-15. The amending
by-law had the effect of allowing the subject lands to be used for a
recreational marina by exempting the subject Site from the original
comprehensive by-law. The amending by• law 74-53 was conditional
upon the applicant entering into a development agreement. Accordingly ,
a development agreement was executed on July 16th, 1974. The agreerneii-.-
(copy attached) states that Windsweep Farms Ltd. may carry to completion
n gri c)r fi i t,i i c i i i r,(. I (.o1 ,w ii ol o(I p r I()t- to 21,5, 197h.
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The new comprehensive by-law for the former Village of NewcastA
incorporates the provisions of the amending zoning by-law (73-15)
and allows the completion of buildings in existence or under construction
as of June 25, 1974.
The applicant Windsween Farms Ltd. has made representation to
the Town to the effect that the partially completed building in question
was in effect ''Commenced'' prior to June 25, 1974. In 1975, the Town
had issued a stop work order on the building as the date of the start
of construction of the building was questionable.
COMMENT:
In order to remove any ambiguities as to the interpretation of
the development agreement, staff are of the opinion that the developmeLt.
agreement should be amended to clearly indicate which buildings may be
constructed. Further, staff feel that the agreement should be amended
to require the applicant to apply for a rezoning as contemplated by
the original agreement before Any. further development is allowed to
take place. The rezoning would take the form of an amendment to the
new comprehensive by-law for the former Village of Newcastle (79-44) .
In respect of the partially completed building, staff recommend
that upon the execution of the amendment to the development agreement
that a building permit be issued. (subject to the provisions of the
revised agreement) Proposed revisions are attached.
RECOMMENDATION:
That the Planning and Development Committee recommend to
Council that:
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l. That an amendment to the development agreement of
July 16, 1974 between the rcnvu of Newcastle and
Wio6oneep Farms Ltd. be executed.
Respectfully submitted,
DN8:l6 D. N. Smith, M.C.I.P.
June 5, 1.979 Director of 9Iuruziug.
POSSIBLE AMENDMENTS
To July 16, 1974 Agreement Between Windsweep Farms Ltd. and the
Town of Newcastle
1. That Windsweep Farms (1965) Limited may carry to completion
only those buildings or structures shown on Schedule "A" to
this Agreement.
.2. That Windsweep Farms (1965) Limited or any successors in title
covenant and agree t40T to commence construction of any addit-
ional buildings or structures on the subject lands shown on
Schedule "A", wherein "commence" shall mean that the owner has
applied for and received a building permit from the Corporation
of the Town of Newcastle.
3. That Windsweep Farms (1965) Limited or any successors in title
covenant and agree that NO applications for any building permits
will be applied for or issued by the Town of Newcastle until
by--law 79--44 of the Town of Newcastle has been approved by the
Ontario Municipal Board and until such time as a subsequent
amendment: to by-law 79-44 applicable to the lands shown. on
Schedule "A has been applied for and approved by the Town of
Newcastle and the Ontario Municipal Board.
4. That Windsweep Farms (1.965) Limited or any successors in title
agrees to complete at their expense a report: prepared by a
registered professional engineer attesting to the structural
condition of any building shown on Schedule "A" as being in a
partially completed condition prior to applying to the Town of
Newcastle for a building permit for said building.
5. That Windsweep Farms (1965) Limited or any successors in title
agrees that prior to the extension, enlargement- or alteration
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of any of the buildings or structures shown on Schedule "A"
to this agreement: that a building permit shall. be applied for
and issued by the. Town of Newcastle. Windsweep Farms (1965)
Limited and any successors in title further agrees that no
building permit sha11 be applied for to extend, enlarge or alter
any of the buildings shown on Schedule "A" prior to approval
of by-law 79-44 of the Town of Newcastle by the Ontario
Municipal Board and a subsequent amendment to that by-law
applicable to the .lands shown on Schedule "A".