Loading...
HomeMy WebLinkAboutTM-35-79 TM_35 -79 TO: �he Chairman and Members of the Planning and Development Committee FROM: A. C. Guiler, Town Manager DATE: March 12th, 1979 SUBJECT: Marnie Industrial Park In the Spring of 1978 Council received an application to amend Restricted Area By-Law 2111 to allow for an industrial park in parts of Lots 29 and 30, Concession 1, Darlington. Council by by-law 78-44 approved the rezoning and all property owners within 400 feet of the subject lands were notified of the rezoning on June 27th, 1978 and were given twenty-one days to object. One objection was received and the by-law and objection were referred to the Municipal Board for a hearing. The objection was subsequently withdrawn and the Ontario Municipal Board approved the By-Law on September 22nd, 1978. In accordance with Section 1(o) of By-Law 78-44 your staff met with the owners of the land and negotiated the attached development agreement. This agreement has been circulated to the Director of Planning and Development, Director of Works and the Fire Chief for their comments. The changes and conditions as requested by the Department Heads were negotiated with the Developer and the agreement amended accordingly. 'there are two outstanding items, being Section 33 and Section 34 (v) : Section 33 If, required by the Director, then the Owners covenant and agree that no application for any building permit in respect of any of the lots of the Plan shall be made until the Owners have entered into a site plan agreement with the Municipality respecting the development of such lot and unless the application for a building permit complies in all respects with the terms of the said site plan agreement. Section 34 Neither the execution of this Agreement by the Municipality, nor the approval by the Municipality of the Plan for registration nor the issuance by the Municipality of any Certificate of Acceptance, shall be deemed to give any assurance that Municipal building permits, when applied for will be issued in respect of any of the said lands. If required by the Director, then the Owners agree that no application for any building permit in respect of any of the said lands shall be made until: -2- (v) in addition, the Owners agree that no application for any building permit shall be made in respect of any part of the said lands until the Owners or their successors in title have entered into a Site Plan Agreement, as contemplated by Section 35 (a) of the Planning Act, with the Municipality respecting the development of such part, if such Site Plan Agreement is required by the Director. It is Staff's opinion that the Standard Development Agreement should be amended to provide for the creation of a "Site Plan Committee" whose duty it would be to review each application for a building permit and make a decision as to the need for a Site Plan as contemplated by Section 35 (a) of the Planning Act. We would recommend to Committee as follows: 1. That Section 33 and 34 (v) of the attached agreement be amended to read as follows: Section 33 If, required by the "Site Plan Committee", then the Owners covenant and agree that no application for any building permit in respect of any of the lots of the Plan shall be made until the Owners have entered into a site plan agreement with the Municipality respecting the development of such lot and unless the application for a building permit complies in all respects with the terms of the said site plan agreement. Section 34 (v) in addition, the Owners agree that no application for any building permit shall be made in respect of any part of the said lands until the Owners or their successors in title have entered into a Site Plan Agreement, as con- templated by Section 35 (a) of the Planning Act, with the Municipality respecting the development of such part, if such Site Plan Agreement is required by the "Site Plan Committee." 2. That a "Site Plan Committee" be established as follows: Chairman of the Planning and Development Committee Director of Public Works Director of Planning and Development Town Manager Chief Building Official 3. That the attached agreement as amended by Sections. noted above be approved and forwarded to Council for approval at the next meeting of Council.