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HomeMy WebLinkAboutPD-76-92 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: REPORT Meeting: Council File # Date: Monday, March 23 , 1992 Res. # PD-76-92 By-Law# Report#: File #: — Subject: DEVELOPMENT CHARGES POLICY REPORT IMPLEMENTATION OF SECTION 3.2.2.1 AND MODIFICATIONS TO THE DEVELOPMENT CHARGES POLICY REPORT Recommendations: It is respectfully recommended: 1. THAT Report PD-76-92 be received; and 2 . THAT the attached by-laws be passed authorizing the Mayor and the Clerk to execute amending subdivision agreements to implement the recommendations of Section 3 . 2 . 2 . 1 as contained in the Development Charges Policy Report dated February 5, 1992; and 3 . THAT the attached resolution be passed pertaining to clarification to certain recommendations contained in the Development Charges Policy Report. REPORT 1. Attached is a letter dated March 23 , 1992 from the Town Solicitor, advising the need for Council to authorize by by-law to execute amendments to the subdivision agreements to which the owners have indicated they will take advantage of the exemption provisions contained in section 3 . 2 .2 . 1 of the Town-Is Development Charge Policy Report. The authorizing by-laws are attached herein. 2 . Subsequent to Council's approval of the Development Charges Policy Report on March 2 , 1992, the Town's solicitor indicated that certain clarifications are required to the original report and recommend the resolution attached hereto be passed. 2 REPORT NO. PD-76-92 PAGE 2 Respectfully submitted, Recommended for presentation to Council, Franklin Wu, M.C. I.P. Lawrence Kotseff Director of Planning Chief Ad i ' strative and Development Officer FW*cc *Attach 23 March 1992 Miley Ri hton Barristers & Solicitors RIC AI2D E.SHIBLEY,QC, RUPEnT F, RIGHTON OTC, HAROLD H.ELLIOTT,Q.C. �`��,of41b)3b3-93 t DEN�It3 C.HEFFERON DONALD K.ROBINSON,n.C. RICHARD t.ANKA,O.C. BARRY R.WQRTZMAN,O.r;, I'IV St.IF 9,MASON DEZ WINDISCHMAM JOHN Z.SELL MICHA @L FI ZPATRICK,QX. GEORGE CORN 1'aXt(41b)365 1717 PETER H.SMITH BRIAN M.CAMPBELL V,ROSS MORRISON R JOH v PITCHER ALAN L,DROMSTEIN JOHN C.BPEARN I MCHAII C,HIRLEY PETER C.WILLIAMS RICHARD A.B.DKV$NNEY , MCHAEL L.PATERSON J.PAUL WEARING PAUL K.McINN15 BERNARD MCGARVA PETEn C.NEILSQN CI.Irl'ORCI 1.COLC JbNAT-IAN H.FLANDERS CHAnI,E$ B(MCO THOMAS A.STE:FANIK BARBARA R.Q.DOHERTY WILLIAM L,NORTHCOTF JAMES RO551TER Boat 32 ' 441 Bay Street' HELDEn M,TnAVA 6908 PCTCR M.WbIALCM PETER V. RAYTEK J.JAY RUDOLPH CYNTHIA J.GUNN MARTIN J.HKNQERSON Toronto,Canada NICH04AS T MACO$ WARREN e.RAf�OpOHY RICHARD E.COLE$ OH R1STOPHER B.LOBS MAnTIN w$T9148 ALEXANDER P.TORGOV $FAN 14,FORAN CHARLES M.GASTLV PHILIP P. HEALEY M51'1 271 R.PETE:R A.MACDONALD DONALD A,McNEILL SHEILA M.OUIGLEY CHARt.E5 G.T.WIEBE I'IMCJIHY J.WILL J.PAUL R.HOWARD WADE: :).JAMIESON LEONARD D,ROONE55 NETANUS T.RUTHERFORD THOMAS R.WHITBY SANDRA E.DAWE LINDA J.GOOEL JANIB E.INGRAM CHRISTINE M,SILVER$InES SALVATORE:J.P. FRISINA JOHN D,HISCOCK O$C,'AR J $ALA THOMAS McRAE Ww 1800 MICHAE I,CORDON 09e9.1991} 'Ac Simpson Tom COUNSEL MARTIN L.O'BRIEN,O.C, BARRY 0.LIPSON,O.C. March 23, 1992 VIA FAX - 1.416.623.0830 Mr, Franklin Wu, M.C.I.P, Director of Planning & Economic Development Town of Newcastle 40 Temperance Street Bowmanville, Ontario LAC 3A6 Dear Mr. Wu. )`LE: DEVELOPMENT CHARGES At its meeting on February 2, 1992, Council enacted a number of by-laws to authorize Amending Agreements to be entered into with subdividers who could qualify for the exemption from the proposed development charges by-law recommended in paragraph 3.211. of the document entitled "Town of Newcastle Development Charges Policy Report, February 5, 1992", At its meeting on March 2, 1992, Council approved the recommendations contained in the Report, Further discussions have taken place with the subdividers concerned regarding their possible interest in entering into the Amending f�reements contemplated by Recommendation 3.2.2.1. As a result of these discussions, certain of the otherwise qualified subdividers elected not to pursue the exedMption. In the cases of three subdividers Nor-Arm, Schickedanz Bros. Limited and Kiddicorp (Subdivision ��reement No. LT22876), I understand that Council will consider a motion to atnend ftecommendation 3.2.2,1 which, if passed will trigger a need for new authorizing by-laws to be enacted. V Council passes the proposed motion dealing with Recommendation 32,21 at its meeting (in March 23, 1992, in my view it would he expedient if Colincil repealed By-laws Nos, 92 69 (Kiddicorp), 9270 (Schickedanz), 92-71 (Kiddicorp), 92-72 (Kingsberry), 92-73 S hli bley Ri itOn - 2 - (Newcastle Meadows) and 92-74 (Nor-Arm). I understand that neither Kingsberry or Newcastle Meadows have indicated any interest in pursuing the exemption contemplated by Recommendation 3,2,2.1. It would be expedient if Council was to enact by-laws which authorize the making of amending agreements as contemplated by Recommendation 3.2.2.1 (if the Town's Development Charges Policy Report, as amended, for the following developments; Schickedanz Bros. Limited - Subdivision Agreement No. LT153022, Nor- Arm/Candev - Subdivision Agreement No, NL27125, Kiddicorp Investments Ltd. and 904255 Ontario Limited - Subdivision Agreement No. LT22876 and Kiddicorp Investments Urnited and Milinel Investments Limited - Subdivision Agreement No. LI24590. :lours truly, Dennis Hefferon DH/ms CC! Mrs. Pattie Barrie i THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 92.E 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 Arc , 1983, S'.O. 19$3 c.1 which was registered against title in the Land Registry Office for the Land Titles Division of Durham (No. 40) as Instrument No. LT27125 and the undeveloped lands on which dwellings may be constructed has been transferred to Condev Building (corporation. WHEREAS the parties have agreed that it is expedient to amend this Agreement to give effect to the recommendations of Paragraph 3,211 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 as amended by Council at its meeting held on March 23, 1992. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS: 1, The execution of an amending agreement between Nor-Arm Developments Inc., 879214 Ontario Limited and the Town of Newcastle to amend the Subdivision Agreement between Nor-Arm Developments Inc, and the Corporation of the Town of Newcastle registered as Instrument No. 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 as amended at the Meeting of Council held on March 23, 1992, be approved. - 2 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. Fly-law read a first time this 23rd day of March, 1992. Ely-law read a second time this 23rd day of March, 1992. By-law read a third time and finally passed this 23rd day of March, 1992. MAYOR CLERK A"E CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 92-97 being a by-law to authorize the entering into of an Agreement to amend a Subdivision Agreement WHEREAS Schickedanz Bras. 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 No. LT153022. , 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, 1942 as amended by Council at its meeting held on March 23, 1992. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF s NEWCASTLE 14EREBY ENACTS AS FOLLOWS: 1 1. The execution of an amending agreement to amend the Subdivision Agreement between Schidkedanz Bros. Limited and the Corporation of the Town of Newcastle i, registered as Instrument No. 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 hold on March 2, 1992 as amended at the Meeting of Council held on March 23, 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. Fly-law read a first time this 23rd day of March, 1992, Ily-law read a second time this 23rd day of March, 1992. Ely-law read a third time and finally passed this 23rd day of March, 1992. MAYOR CLERK THE CORPORATION OF THE TOWN OF NEWCASTLE, BY-LAW 92-9fj being a by-law to authorize the entering into of an Agreement to amend a Subdivision Agreement VMEREAS 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-D' 'sion of Durham (No, 40) as Instrument No. LT22876 and a portion of the undeveloped lands on which dwellings may be constructed bas been transferred to 904255 Ontario Limited. 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 as amended by Council at its meeting held on March 23, 1992, NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS., 1. The execution of an amending agreement between Kiddicorp Investments Ltd,, 904255 Ontario Limited and the Town of Newcastle to amend the Subdivision Agreement between Kiddicorp Investments Ltd. and the Corporation of the Town of Newcastle registered as Instrument No. 22876 in the Land Registry Office for the Land Titles Division of Durham (No. 40), to give effect to the reconlniendations of Paragraph 3,2.2.7 contained within the Development Charge :Policy Report, Identified in Staff Report PD-5992 at the Special Meeting of Council held on March 2, 1992 as amended at the Meeting of Council held on Marolh 23, 1992, be approved. - 2 A,. That the Mayor and Clerk are hereby authorized to execute o,'a behalf of the Corporation of the Town of Newcastle the aforesaid amending agreement. Fly-law read a first time this 23rd day of March, 1992, Fly-law read a second time this 23rd day of March, 1992. Ely-law read a third time and finally passed this 23rd day of March, 1992. MAYOR CLERK THE CORPORATION OF THE TOWN OF .NEWCASTLE; BYLAW 92-�D 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 'down 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 No. LT24590 and a portion of the undeveloped lands on which dwellings may be constructed has been transferred to Milinel Investments Limited. WHEREAS the parties have agreed that it is expedient to amend this Agreement to give effect to the recommendations of Paragraph 312,1 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 as amended by Council at its meeting held on March 23, 1992. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF T14E TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS., 1. The execution of an amending agreement between Kiddicorp Investments Ltd., Milinel bwestments Limited and the Town of Newcastle to amend the Subdivision Agreement between Kiddicorp Investments Ltd. and the Corporation of the Town of Newcastle registered as Instrument No. 22876 in the Land Registry Office for the Land Titles Division of Durham (No, 40), to give effect to the recormnendations 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 as amended at the Meeting of Council held on March 23, 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. fly-law read a, first time this 23rd day of March, 1992, fly-law read a second time this 23rd day of March, 1992. Fly-law read a third time and finally passed this 23rd day of March, 1.992. MAYOR CLERK PAVIMd Wmh M,IBM 4t29pm RESQL TXON MOVED BY COUNSELLOR SECONDED BY COUNSELLOR THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE AS FOLLOWS: 1. Council hereby approves as the Town's capital forecast for the period 1991 to 2001 Appendix "B" of the Town of Newcastle Development Charges Policy deport dated February 5, 1992 and Section 5 of the Newcastle Hydro-Electric Commission Development Charges Policy Report dated July 5, 1991, except for paragraphs 5.6 (Distribution Transformers, Local Services and Meters) and 5.7 (Administration and Service Centre) of the latter Report subject to more detailed cost estimates and re- examination of priorities associated with the annual budgeting process. 2. For each individual item of the approved capital forecast, the assumptions of the Town's aforesaid Report and the Newcastle Hydra-Electric Commission's aforesaid Report be made as to: (a) the grass cast, based on available cost estimates, forecasts and masterplans; (h) anticipated capital grants and other contributions; (e) the "non-growth" share of the cost, provided the current assumptions as to the anticipated level of average spending per annum for each service category involved be subject to modification from time to time. 3. The Town's Development Charges Policy Report is amended by deleting the references to the "Engineering News Record Cost Index (Toronto)" and replacing them with references to the "Engineering New Record Cost Indexes for 22 cities as published in the Engineering News Record (Construction Costs - Toronto)". 4. The first part of Recommendation 3.2.2.1 of the Town's Development Charges Policy Report is amended by: (a) deleting the words and figures "prior to March 21, 1992" and replacing them with the words and figures "on or prior to March 23, 1992"; and (b) adding at the end of the following: _ 2M provided that in the case of the Subdivision Agreement between Schickedanz Bros. Limited and the Town relating to the lands within Flans IOM-829 and 1OM-830 on or before March 23, 1992 the Owner in fact pays two hundred and fourteen thousand eight hundred and twenty-four ($214,824.00) dollars to the Town; and (a) agrees to pay three additional amounts of two hundred and twenty three thousand seven hundred and forty-six($223,746.00) dollars each to the Town as follows: (1) two hundred and twenty-three thousand seven hundred and forty-six ($223,746.00) dollars prior to the issuance of the sixty-eighth(68th)building permit comprising part of the "Undeveloped Dwellings" (as hereafter defined) or March 23rd, 1993, whichever occurs first; (ii) two hundred and twenty-three thousand seven hundred and forty-six ($223,746.00) dollars prior to the issuance of the one hundred and thirty-fourth (134th) building permit for dwellings comprising part of the Undeveloped Dwellings or March 23rd, 1994, whichever occurs first; and (iii) two hundred and twenty-three thousand seven hundred and forty-six ($223,7461.00) dollars prior to the issuance of the two hundredth (200th) building permit or March 23rd, 1995, whichever occurs first, adjusted in each case referred to in clauses (a), (b) and (c) to ; the date of the particular payment in accordance with the Engineering News Record Cost Indexes for 22 cities for Toronto as published in the Engineering News Record for the period from March 23, 1992 to the actual date of the particular payment, and (b) on or before March 27, 1992 deposits with the Town's Treasurer an unconditional and irrevocable letter of credit in.the amount of six hundred and seventy-one thousand two hundred and thirty-eight ($071,238,00) dollars issued by a bank listed in Schedule "A" or "13" of the Barak Act, acceptable to the 't'own's Treasurer and containing terms satisfactory to the 'T'own's Treasurer to secure the performance of the Owner's agreement to make the payments. - 3 - S.(a) The first part of Recommendation 2.12.2 of the Town's Development Charges Policy Report is amended by adding at the end of clause (a) ("municipal reserve fund"); and (b) The second part of Recommendation 2,1.2.2 of the Town's Development Charges Policy Report by adding the word "municipal" before "reserve fund balances". 6. The Resolution of Council passed at the special meeting of Council held on March 2, 1.992 respecting the Town's and the Newcastle Hydro-Electric Commission's aforesaid Reports amended as necessary in order to give effect to the foregoing.