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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