HomeMy WebLinkAboutADMIN 30-81CORPORATION OF THE TOWN OF NEWCASTLE
40 TEMPERANCE STREET
BOWMANVILLE, ONTARIO
Ll C 3A6
TELEPHONE 623-3379
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF NOVEMBER 9 1981.
ADMIN. NO. 30-81
SUBJECT: EXCHANGE OF LAND, TOWN OF NEWCASTLE
AND A. MCLAREN,
PART OF LOT 20, CONCESSION 5, ORONO,
(FORMER CLARKE)
REZONING OF SUBJECT LANDS,
APPLICATION #Z -A-3-9-2
RECOMMENDATIONS:
1. That this report be received and that the following
actions be considered;
2. That those portions of municipal road allowance
described as Parts 5, 6, 7, 8 and 9 on Plan
1OR-1042 be conveyed to the abutting property
owner in exchange for Parts 1 and 2 on Plan 1OR-1042;
and
3. That the exchange be undertaken on the basis that
the lands are of equivalent value and that such
values include all lot development charges; and
4. That the Town solicitor be requested to
bring forward such by-laws as may be necessary
for such conveyance, and to effect such conveyance
as soon as possible; and
5. That the Town forward the following resolution
to the Region of Durham in respect of the
future servicing of the possible residential
lots to be created on the subject lands:
"Whereas the Town of Newcastle will be exchanging
certain lands with Mr. A. McLaren in Part of
Lot 28, Concession 5, former Clarke, in order
to obtain the necessary portions of the road
allowance for "Station Street" in Orono; and
Whereas such exchange will allow Mr. McLaren
to apply for land severances for 2 residential
lots fronting on "Station Street"; and
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Whereas such exchange may recognize previous
commitments to the development of residential lots on
the McLaren property:
Be it now resolved therefore, that the the Region
of Durham is hereby requested to consider charging
only the service "connection charges" applicable
to the development of the residential lots."
6. That the Town approve the attached by-law rezoning
a portion of the subject lands from "M-1" - Industrial
to "R-1" - Residential to allow for the development
of a single family lot (application Z -A-3-9-2); and
7. That Mr. A. McLaren be forwarded a copy of this
report and all related documents.
BACKGROUND AND COMMENT:
As members of Council should be aware, the Town has received a
request to exchange certain lands with Mr. A. McLaren of Orono,
to permit the creation of two residential lots on the south
side of Station Street and to allow the Town to obtain a portion
of the road allowance required for Station Street.
As members of Council are aware, Station Street in its present
location does not fall within the surveyed road allowance but, in
fact, lies in part on property owned by Mr. McLaren.
It is Mr. McLaren's contention that the Village of Orono promised
to exchange land with Mr. McLaren so that he might develop two
lots on the south side of Station Street and so that the Village
might obtain, at least in part, the required road allowance for
Station Street.
The Mayor, Councillor Woodyard and the Chief Administrative Officer
recently met with Mr. McLaren in an attempt to resolve the out-
standing discussions related to the relative values of the
properties in question. It may be argued that the lots under
consideration should be considered of equivalent value given the
difference in the area and the lots to be exchanged. The Town
will receive a parcel of approximately twice the area that it will
convey to Mr. McLaren.
Staff have difficulty with these arguments and with Mr. McLaren's
contention that a commitment was made to him in respect of exchanging
the land and creating two residential lots. However, Staff feel
it is in the Town's interest to obtain the proper road allowance
for Station Street whenever and wherever possible, and that by
proceeding with the recommendations in this report
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that the need for a future purchase or expropriation could be
avoided.
In order for the two residential lots to be created on the south
side of Station Street as requested by Mr. McLaren, it will be
necessary to rezone the small triangle of land subject to
rezoning application Z -A-3-9-2. Staff have prepared the necessary
by-law for undertaking that requirement.
As the lots that Mr. McLaren wishes to create will be required
to be serviced by the Region, Mr. McLaren has asked that Council
give consideration to requesting the Region to forego frontage
charges for the two new lots. He makes this request on the basis
that a commitment had been made to his family for the development
of those properties. Staff have drafted what may be an appropriate
resolution under point #5 which requests the Region to consider
charging only the service connection charges applicable to the
development of the residential lots.
The matter of financing the residential connections is within
the jurisdiction of the Region of Durham and would be for their
consideration.
Respectfully submitted,
D. N. Smith,M.C.I.P.
Administrator
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