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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