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HomeMy WebLinkAboutPD-59-92 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: DEV-CHARGE.GPA REPORT PUBLIC MEETING Meeting: Special Council Meeting File # Date: Monday, March 2, 1992 Res. By-Law# Report#:PD—5-9-9-2-- File #: Subject: DEVELOPMENT CHARGE POLICIES, TOWN OF NEWCASTLE AND THE NEWCASTLE HYDRO ELECTRIC COMMISSION Recommendations: It is respectfully recommended that Council approve the following: 1. THAT Report PD-59-92 be received; 2 . THAT the Development Charges Policy Report prepared by Town staff and C.N. Watson and Associates be received; 3 . THAT the recommendations contained in the Development Charges Report be approved; 4 . THAT those persons who made either verbal or written submissions to the Town, the Newcastle Hydro Electric Commission, the Region of Durham, the U.D. I. , be advised of Council's decision; 5. THAT staff be directed to bring forth a Development Charge By-law for consideration by Council and if appropriate enactment; and 6. THAT the attached by-laws be passed authorizing the Mayor and the Clerk to execute amending subdivision agreements to implement recommendation 3 .2 . 2 . 1 as contained in the Development Charges Policy Report dated February 5, 1992 . REPORT: 1. An earlier Report, entitled: "Development Charges Policy" , prepared by C.N. Watson and Associates Ltd. , was released for public consultation in July, 1991. At the public meeting held on September 9th, 1991, Council referred the matter back to staff for further review. 2 mss is 11111111-1 W­­11 Pneea REPORT NO. : PD-59-92 PAGE 2 2 . The review process is now completed. This new Report has been researched thoroughly with the assistance of the Town solicitor. The Report also was expanded to include discussions and policies to deal with non-residential charges, existing agreements, front-ending policies, as well as financial impact on the municipal tax dollar. 3 . The new Development Charges Policy Report was forwarded to Members of Council under separate cover. The Report was also released to the general public on February 5, 1992 in conjunction with public notices placed in all local newspapers. 4 . Recommendation 3 . 2 . 2 . 1 contained in the Development Charges Policy Report provides for a limiting exemption from the proposed development charge. The owners of the lands to which the following subdivision agreements apply will be eligible for the exemption if the conditions set out in Recommendation 3 . 2. 2 . 1 are satisfied prior to March 21, 1992 . a) 10M-837 Nor-Arm Developments Inc. b) 10M-835 Newcastle Meadows Inc. C) 10M-829 5chickedanz Bros. Limited 10M-830 d) 10M-832 Kiddicorp Investments Limited e) 10M-833 Kiddicorp Investments Limited f) 10M-793 Rossert Taunus Construction Limited 5. Amending Agreements contemplated by the said recommendation have been drafted. However, they have yet been approved by the owners and mortgagees concerned and may require change. Without constraining Council in its decision to pass a Development Charge By-law, each Amending Agreement is stated . . . 3 REPORT NO. : PD-59-92 PAGE 3 to be conditional on the Development Charge By-law being passed by Council prior to July 1, 1992 and an exemption from the development charge provided in respect of dwellings that may be constructed on lots on registered plans of subdivision when building permits are to be issued for them. 6. It is recommended that Council pass the necessary by-law to authorize the execution of Amending Agreements. The Amending Agreements will be executed by the Town when the final text of them has been worked out to the satisfaction of the Director of Planning and Development and the owners and the mortgagees concerned have first executed them. The authorization by-laws are attached to this report. 7. Staff is satisfied that the consultation process has been comprehensive, the review is thorough, and respectfully suggest to Council to approve the recommendations contained herein. Respectfully submitted, Franklin Wu, M.C. I.P. Mar16 Marano, H.B. Sc. , AMCT. , Director of Planning Treasurer and Development 1 Walter A. Evans, P.Eng. Joseph P. Caruana, Director Director of Public Works Department o Community Services Michael G. Cr ghton ,Patti Barry , .M.C.T. Fire Chief (MTowxrl Clerk c La ence Kotseff Chief Adm'n 'strative Officer FW*j ip 26 February 1992 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 92- being a by-law to authorize the entering into of an Agreement to amend a Subdivision Agreement WHEREAS Kiddicorp Investment Ltd. and the Corporation of the Town of Newcastle entered into a Subdivision Agreement pursuant to Section 50 of the Planning Act, 1983, S.O. 1983 c.1 which was registered against title in the Land Registry Office for the Land Titles Division of Durham (No. 40) as Instrument # LT 24590. WHEREAS the parties have agreed that it is expedient to amend this Agreement to give effect to the recommendations of Paragraph 3.2.2.1 contained within the Development Charge Policy Report identified in Staff Report PD-59-92 at the Special Meeting of Council held on March 2, 1992. NOW THEREFORE the Council of the Corporation of the Town of Newcastle hereby enacts as follows: 1. The execution of an amending agreement to amend the Subdivision Agreement between Kiddicorp Investments Ltd. and the Corporation of the Town of Newcastle registered as Instrument Number 24590 in the Land Registry Office for the Land Titles Division of Durham (No. 40), to give effect to the recommendations of Paragraph 3.2.2.1 contained within the Development Charge Policy. Report, identified in Staff Report PD-59-92 at the Special Meeting of Council held on March 2, 1992, be approved. 2. That the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Town of Newcastle the aforesaid amending agreement. BY-LAW read a first time this day of 1992 BY-LAW read a second time this day of , 1992 BY-LAW read a third time and finally passed this day of , 1992 MAYOR CLERK THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 92- being a by-law to authorize the entering into of an Agreement to amend a Subdivision Agreement WHEREAS Schickedanz Bros. Limited and the Corporation of the Town of Newcastle entered into a Subdivision Agreement pursuant to Section 50 of the Planning Act, 1983, S.O. 1983 c.l which was registered against title in the Land Registry Office for the Land Titles Division of Durham (No. 40) as Instrument # LT 153022. WHEREAS the parties have agreed that it is expedient to amend this Agreement to give effect to the recommendations of Paragraph 3.2.2.1 contained within the Development Charge Policy Report identified in Staff Report PD-59-92 at the Special Meeting of Council held on March 2, 1992. NOW THEREFORE the Council of the Corporation of the Town of Newcastle hereby enacts as follows; 1. The execution of an amending agreement to amend the Subdivision Agreement between Schickedanz Bros. Limited and the Corporation of the Town of Newcastle registered as Instrument Number 153022 in the Land Registry Office for the Land Titles Division of Durham (No. 40), to give effect to the recommendations of Paragraph 3.2.2.1 contained within the Development Charge Policy Report, identified in Staff Report PD-59-92 at the Special Meeting of Council held on March 2, 1992, be approved. 2. That the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Town of Newcastle the aforesaid amending agreement. BY-LAW read a first time this day of , 1992 BY-LAW read a second time this day of , 1992 BY-LAW read a third time and finally passed this day of , 1992 MAYOR CLERK THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 92- being a by-law to authorize the entering into of an Agreement to amend a Subdivision Agreement WHEREAS Kiddicorp Investments Ltd. and the Corporation of the Town of Newcastle entered into a Subdivision Agreement pursuant to Section 50 of the Planning Act, 1983, S.O. 1983 c.1 which was registered against title in the Land Registry Office for the Land Titles Division of Durham (No. 40) as Instrument # LT 22876. WHEREAS the parties have agreed that it is expedient to amend this Agreement to give effect to the recommendations of Paragraph 3.2.2.1 contained within the Development Charge Policy Report identified in Staff Report PD-59-92 at the Special Meeting of Council held on March 2, 1992, NOW THEREFORE the Council of the Corporation of the Town of Newcastle hereby enacts as follows: 1. The execution of an amending agreement to amend the Subdivision Agreement between Kiddicorp Investments Ltd. and the Corporation of the Town of Newcastle registered as Instrument Number 22876 in the Land Registry Office for the Land Titles Division of Durham (No. 40), to give effect to the recommendations of Paragraph 3.2.2.1 contained within the Development Charge Policy Report, identified in Staff Report PD-59-92 at the Special Meeting of Council held on March 2, 1992, be approved. 2. That the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Town of Newcastle the aforesaid amending agreement. BY-LAW read a first time this day of 1992 BY-LAW read a second time this day of , 1992 BY-LAW read a third time and finally passed this day of , 1992 MAYOR CLERK THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 92- being a by-law to authorize the entering into of an Agreement to amend a Subdivision Agreement WHEREAS Kingsberry Properties and the Corporation of the Town of Newcastle entered into a Subdivision Agreement pursuant to Section 50 of the Planning Act, 1983, S.O. 1983 c.1 which was registered against title in the Land Registry Office for the Land Titles Division of Durham (No. 40) as Instrument 1i LT 25390. WHEREAS the parties have agreed that it is expedient to amend this Agreement to give effect to the recommendations of Paragraph 3.2.2.1 contained within the Development Charge Policy Report identified in Staff Report PD-59-92 at the Special Meeting of Council held on March 2, 1992. NOW THEREFORE the Council of the Corporation of the Town of Newcastle hereby enacts as follows: 1. The execution of an amending agreement to amend the Subdivision Agreement between Kingsberry Properties and the Corporation of the Town of Newcastle registered as Instrument Number 25390 in the Land Registry Office for the Land Titles Division of Durham (No. 40), to give effect to the recommendations of Paragraph 3.2.2.1 contained within the Development Charge Policy Report, identified in Staff Report PD-59-92 at the Special Meeting of Council held on March 2, 1992, be approved. 2. That the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Town of Newcastle the aforesaid amending agreement. BY-LAW read a first time this day of , 1992 BY-LAW read a second time this day of , 1992 BY-LAW read a third time and finally passed this day of , 1992 MAYOR CLERK THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 92- being a by-law to authorize the entering into of an Agreement to amend a Subdivision Agreement WHEREAS Newcastle Meadows Inc. and the Corporation of the Town of Newcastle entered into a Subdivision Agreement pursuant to Section 50 of the Planning Act, 1983, S.O. 1983 c.1 which was registered against title in the Land Registry Office for the Land Titles Division of Durham (No. 40)as Instrument # LT 26524. WHEREAS the parties have agreed that it is expedient to amend this Agreement to give effect to the recommendations of Paragraph 3.2.2.1 contained within the Development Charge Policy Report identified in Staff Report PD-59-92 at the Special Meeting of Council held on March 2, 1992. NOW THEREFORE the Council of the Corporation of the Town of Newcastle hereby enacts as follows: 1. The execution of an amending agreement to amend the Subdivision Agreement between Newcastle Meadows Inc. and the Corporation of the Town of Newcastle registered as Instrument Number 26524 in the Land Registry Office for the Land Titles Division of Durham (No. 40), to give effect to the recommendations of Paragraph 3.2.2.1 contained within the Development Charge Policy Report, identified in Staff Report PD-59-92 at the Special Meeting of Council held on March 2, 1992, be approved. 2. That the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Town of Newcastle the aforesaid amending agreement. BY-LAW read a first time this day of , 1992 BY-LAW read a second time this day of , 1992 BY-LAW read a third time and finally passed this day of 1992 MAYOR CLERK THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 92- being a by-law to authorize the entering into of an Agreement to amend a Subdivision Agreement WHEREAS Nor-Arm Developments Inc. and the Corporation of the Town of Newcastle entered into a Subdivision Agreement pursuant to Section 50 of the Planning Act, 1983, S.O. 1983 c.1 which was registered against title in the Land Registry Office for the Land Titles Division of Durham (No. 40) as Instrument N LT 27125. WHEREAS the parties have agreed that it is expedient to amend this Agreement to give effect to the recommendations of Paragraph 3.2.2.1 contained within the Development Charge Policy Report identified in Staff Report PD-59-92 at the Special Meeting of Council held on March 2, 1992. NOW THEREFORE the Council of the Corporation of the Town of Newcastle hereby enacts as follows: 1. The execution of an amending agreement to amend the Subdivision Agreement between Nor- Arm Developments Inc. and the Corporation of the Town of Newcastle registered as Instrument Number 27125 in the Land Registry Office for the Land Titles Division of Durham (No. 40), to give effect to the recommendations of Paragraph 3.2.2.1 contained within the Development Charge Policy Report, identified in Staff Report PD-59-92 at the Special Meeting of Council held on March 2, 1992, be approved. 2. That the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Town of Newcastle the aforesaid amending agreement. BY-LAW read a first time this day of , 1992 BY-LAW read a second time this day of , 1992 BY-LAW read a third time and finally passed this day of , 1992 MAYOR CLERK