HomeMy WebLinkAboutFD-5-91 TOWN OF NEWCASTLE
= REPORT File # 27�b, i
Res. #
By-Law # - / ✓
MEETING: General Purpose and Administration
DATE: Monday, July 22 1991
REPORT #: FD-5-91 FILE #:
Sl1B.ECT: Disposition of Block 134, Plan 1OM-840
Eiram Subdivision (Block 530 of the Subdivision Agreement)
RECOMMENDATIONS:
It is respectfully recommended to the General Purpose and
Administration Committee that Council approve the following:
1. That Report FD-5-981 be received;
2 . That the Subdivision Agreement executed between the Town and
Eiram Development Corp. dated April 3 1991 be amended in
accordance with Section 1. 7 of Report FD-5-91; and
3. That the Mayor and Clerk be authorized to execute the
appropriate amending agreement and that the appropriate
authorizing by-law be passed.
1. REPORT:
1. 1 Block 134, Plan 1OM-840 (Block 530 of the Subdivision
Agreement) is a .256 ha ( . 63 acre) property at the southeast
corner of Liberty Street and the 3rd Concession Road. This
block is within Phase 1 of the Eiram Subdivision which was
recently registered and is currently under construction.
1.2 The land in question was referenced in the Conditions of
Approval of the draft plan of subdivision approved by the
Town on November 13, 1989 . The condition states:
"THAT the applicant dedicate Block 530 to the Town of
Newcastle free and clear of all encumbrances, for the
purposes of a Fire Station. "
1. 3 The above condition was imposed as a result of an offer by
the applicant to enable land to be set aside for a future
fire station to serve the north end of Bowmanville.
1.4 In the subsequent Subdivision Agreement prepared and
executed, Section 2 .4 which deals with this matter is in
part as follows:
"The delivery of the Escrowed Transfer will become
complete and will be effective on the registration of
the second plan of subdivision to be registered against
the title to any of the Lands, provided that if at any
time prior to such registration the Town Council
resolves that Block 530 is not required by the Town for
the purpose of a fire station, the Escrowed Transfer
shall be returned to the Owner. "
The agreement noted any costs which are required to be paid
are the responsibility of the Owner.
1.5 At this time it is felt that it would be premature for the
Town to define precisely that the subject property (Block
530) will be necessary for a fire station so serve the
northern portion of the Bowmanville Urban Area in the
location specified. In this regard, staff has initiated
discussions with the Office of the Fire Marshal, Ministry of
the Solicitor General, in order to review the Town's longer
term requirements regarding, among other things, precise
station locations .
1. 6 It is intended that following further discussions with
Provincial staff that a subsequent report will be presented
to the Council in order to address the matter of a Fire
Safety Master Plan for the Town.
1. 7 Accordingly, it is recommended that condition 2 .4 of the
subject subdivision agreement be amended in order to
postpone any decision of the Town Council regarding the
requirements of Block 530 for purposes of a fire station to
a later date. Specifically it is recommended that the
subdivision agreement be amended to change the need for such
a decision from the registration of the second plan of
subdivision against the title to the last plan of
subdivision to be registered against the title.
i
U.
1. 8 The approval of this change will keep the flexibility
regarding Block 530 with the Town until such time it is in a
position to precisely define its future needs. This
approach is deemed to be fair and in keeping with the
intention of the conditions outlined in the subdivision plan
report presented to Council previously. Also, this is
consistent with representations made on behalf of the Town
during the negotiations related to the subdivision
agreement.
Respectfully submitted, Recommended for presentation
to the Committee
All-
A ,
Michael rei ton, Lawrence E Kotseff
Fire Chief Chief Aimstrative Officer