HomeMy WebLinkAboutPD-130-96THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: DEV- CHG.000
REPORT #2
PUBLIC MEETING
Meeting: Council File #
Date: Monday, September 30, 1996 Res. #
Report #: PD- 130 -96 File #: PLN 20.1 By -law #
Subject: PROPOSED AMENDMENT TO DEVELOPMENT CHARGES BY -LAW
ADDITION OF DESIGNATED SERVICES WITHIN SCHEDULE "B" FOR THE
DEVELOPMENT OF A NEIGHBOURHOOD PARK AND PARKETTE IN PLAN OF
SUBDIVISION 18T -95023 (289143 ONTARIO LIMITED) AND A PARKETTE IN PLAN
OF SUBDIVISION 18T -89037 (NEWCASTLE III LIMITED PARTNERSHIP - FORMERLY
STOLP HOMES) MUNICIPALITY OF CLARINGTON - FILE: PLN 20.1
Recommendations:
It is respectfully recommended to Council the following:
1. THAT Report PD- 130 -96 be received;
2. THAT Council approve the attached by -law amending Development Charges By-
law 92 -105 by:
i) adding to the list of designated services illustrated on Schedule "B ", the
development of a neighbourhood park and parkette in Plan of Subdivision
18T- 95023, and a parkette in Plan of Subdivision 18T- 89037; and
ii) adding a new section under "PART II - GENERAL" thereby permitting the
payment of the appropriate development charges for the above noted
designated services, in money or by the provision of the designated
services or by a combination of both as may be agreed upon by the
Municipality and the Owner; and
3. THAT a copy of this report and the decision of Council be forwarded to the
Minister of Municipal Affairs and Housing, the Urban Development Institute, the
Toronto Home Builders Association, the Durham Home Builders Association, all
interested parties listed in this report and any delegation.
1. BACKGROUND
1.1 In light of the pending Ontario Municipal Board hearing scheduled for September
16, 1996 involving the Southwest Courtice proposed plans of subdivision and
REPORT NO. PD- 130 -96 PAGE 2
official plan amendment applications, Council at its July 29, 1996 meeting
considered and endorsed Staff Report PD- 114 -96.
1.2 With respect to the recommendations contained within PD- 114 -96,
recommendation number nine (9), addressing the issue of the Municipality's
Development Charges By -law stated as follows:
"THAT staff be authorized to advertise a Public Meeting for
September 30, 1996 to consider a proposed amendment to the
Municipality's Development Charges By -law to identify two parkettes
and one neighbourhood park in Bayview Neighbourhood in Courtice
as a growth - related capital service."
2. APPLICABLE PROVISIONS OF THE DEVELOPMENT CHARGES ACT
2.1 As stipulated in the Development Charges Act, Council is required to hold at least
one (1) public meeting prior to passing any amendment to the Development
Charges By -law . The Act requires a minimum twenty (20) days notice period
before the public meeting can be held. In this regard, public notice was
published in the local newspapers on or before August 28, 1996. Staff would
note that no inquiries were received as a result of the newspaper advertisements.
2.2 As Council may recall, on November 16, 1995, the Minister of Municipal Affairs
and Housing introduced amendments to the Development Charges Act. The
Land Use Planning and Protection Act, 1995, initially known as Bill 20 received
Royal Assent on April 3, 1996. The main focus of the amendments was to require
the approval of the Minister of Municipal Affairs and Housing for any new
development charges by -laws or amendments to existing by -laws. Accordingly,
should Council deem it appropriate to approve the amendment to the
development charges by -law, as proposed, the by -law will require the approval
of the Minister of Municipal Affairs and Housing before it can be deemed to be in
effect.
REPORT NO, PD- 130 -96 PAGE 3
3. STAFF COMMENTS
3.1 Under the terms of the Settlement Memorandum entered into by all parties, the
developers are responsible for constructing the parkettes and neighbourhood
park at their expense. The timing of the park construction is related to the
phasing of the development. Security will be posted prior to the executing of
subdivision agreements on any one of the draft plans of subdivision.
3.2 The Settlement Memorandum does permit the Municipality, if it considers it
appropriate, to amend its Development Charges By -law by including the park
services but not adding the costs of park development to the quantum of the
existing development charge quantum.
3.3 This would enable the Municipality to provide a credit against the development
charge otherwise payable for the participating developers to a maximum of the
park components. The intent of the credit is to avoid the developers being
double- charged for park development costs, up to the maximum of the
neighbourhood park development component of the development charge.
3.4 Under the proposed credit arrangement, the Municipality is not at financial risk as
the agreement provides for only the value of the parks component of the
development charge quantum to be credited.
3.5 The credit arrangement as contained in the settlement agreement and proposed
in the attached by -law amendment is only applicable for the lands located within
the limits of the draft plans of subdivision. A credit arrangement would not apply
on a Municipal -wide basis.
3.6 The negotiations which resulted in reaching the Settlement Memorandum
examined thoroughly the financial impact and implementations of the
REPORT NO. PD- 130 -96 PAGE 4
Municipality's Development Charges By -law on a "site specific" basis. Permitting
a credit system arrangement for the remainder of the Municipality would be
premature and inappropriate as the implications, financial or otherwise are
unknown at this time. As the Minister of Municipal Affairs and Housing is
presently undertaking a review of the Development Charges Act, it would appear
appropriate that consideration of such a proposal would be best addressed when
the Development Charges By -law is re- examined in its entirety.
4. CONCLUSIONS
4.1 Pursuant to the provisions of the Settlement Agreement, the by -law amendment
attached hereto amends the Development Charges By -law by adding to the list
of designated services on Schedule "B" the appropriate neighbourhood park and
parkettes as well as recognizing a credit arrangement for the provision of the
services in question.
4.2 As noted previously, should Council deem it appropriate to approve the by -law
amendment, the by -law will require the subsequent approval of the Minister of
Municipal Affairs and Housing before it can be deemed to be final and binding.
Respectfully submitted,
i9
`Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning
and Development
LDT *FW *cc
Attach.
September 16, 1996
Reviewed by,
W. H. tockwell
Chief Administrative
Officer
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW 96-
being a by -law to amend By -law No. 92 -105 (the Development Charge By -law),
as amended to permit a credit to be given against the amount of the
development charge for the provision of a designated service and to add the
development of a parkette to be located on lands comprising Block 318 on
draft plan of subdivision 18T- 89037, and the development of a neighbourhood
park and a parkette to be located on the lands comprising Blocks 305 and
306, respectively, on draft plan of subdivision 18T -98023 to the list of
"designated services ".
WHEREAS the Development Charges Act, R.S.O. 1990 c.D.9, permits a Municipality to
provide in its Development Charges By -law that a development charge shall be payable in
money or by the provision of services or by a combination of both as may be agreed upon
under subsection 9(9) by the Municipality and the owner and it is expedient to add such a
provision to By -law 92 -105, as amended;
AND WHEREAS the "designated services" for which the Municipality -wide development
charge are imposed by By -law No. 92 -105, as amended, are set out in Schedule "B" of the
By -law;
AND WHEREAS it Is expedient to amend Schedule "B" of by -law No. 92 -105, as amended to
include in the list of "designated services" the development of a parkette to be located on
lands comprising Block 31'8 on draft plan of subdivision 18T- 89037, and the development of
a neighbourhood park and a parkette to be located on land comprising Blocks 305 and 306,
respectively on draft plan of subdivision 18T- 95023;
NOW THEREFORE the Council of The Corporation of the Municipality of Clarington hereby
enacts as follows:
1. THAT a new section 12 (A) be added to By -law 92 -105, as amended, as follows:
1112(A) For the purposes of this by -law, Development Charges imposed
pursuant to this by -law, for the designated services of developing a
parkette to be located on Block 318 on draft plan of subdivision 18T-
89037 and a neighbourhood park and parkette to be located on Blocks
305 and 306 respectively, on draft plan of subdivision 18T- 95023, shall
be payable in money or by the provision of the services or by a
combination of both as may be agreed upon under subsection 9(9) of
the Act by the Municipality and owner."
2. THAT Schedule "B" of By -law No. 92 -105, as amended, is amended by adding at the
end thereof the following:
"For the purpose of this by -law designated services for which a development charge is
Imposed Include the development of a parkette to be located on Block 318 on draft
plan of subdivision 18T- 89037, and the development of a neighbourhood park and
parkette to be located on Blocks 305, 306, respectively, on draft plan of
subdivision 18T- 95023. �`
By -law read a first and a second time this day of 1996.
By -law read a third and finally passed this day of 1996.
Mayor
Clerk