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HomeMy WebLinkAboutPD-88-84 4 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1JO TEL.(416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF APRIL 16, 1984 REPORT NO. : PD-88-84 SUBJECT: CONVEYANCE TO TOWN - PART 3, PLAN 1OR-1744 STATION STREET RIGHT-OF-WAY, ORONO OUR FILE: LD 317/82 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following : 1 . That Report PD-88-84 be received; and 2. That Mr. Major's request of March 6, 1984 be denied; and 3. That the Town ' s position in respect of the applicant 's proposed severance remain as follows : "Approval of the severance of Part 2, Plan 1OR-1744, conditional upon the conveyance of Part 3, Plan 1OR-1744 to the Town of Newcastle and satisfying the Town 's requirements financial and otherwise." . . .2 REPORT NO. : PD-88-84 Page 2 BACKGROUND AND COMMENT: On October 11 , 1983, Council considered Staff Report PD-150-83 and approved the following Resolution #C-758-83: "THAT the recommendations in Report PD-150-83 be endorsed; and 1 . That Staff Report PD-122-83 be received ; and 2. That Staff Report PD-150-83 be received; and 3. That Mr. James Major be requested to convey to the Town of Newcastle the travelled portion of Station Street indicated on Key Map 2 attached to Staff Report PD-122-83; and 4. That in consideration of the aforementioned conveyance, the Town shall provide comments to the Region of Durham Land Division Committee in support of the severance of one (1 ) lot from Mr. Major' s property, said severance being conditional upon the approval of the Durham Regional Health Unit ; and further that the Town of Newcastle will pay to Mr. Major the cost of a water connection to the proposed severed lot, up to the value of Eighteen Hundred Dollars ($1 ,800.00) ; and further that the Town will pay all legal and survey costs associated with the proposed conveyance and that these costs be paid for out of an account to be designated by Council ; and 5. That the following resolution be forwarded to the Regional Municipality of Durham for their consideration : "WHEREAS the Corporation of the Town of Newcastle has deemed it adviseable to acquire certain lands occupied by part of the travelled portion of Station Street in Orono and comprising Part of Lot 2.8, Concession 5, geographic Township of Clarke in order to obtain municipal ownership of an appropriate road allowance for Station Street; AND WHEREAS such acquisition will allow Mr. J. Major to apply for land severance for one (1 ) residential lot fronting on Church Street, Orono; . . .3 REPORT NO. : PD-88-84 Page 3 AND WHEREAS such acquisition recognizes I previous commitments to the development of residential lots on the Major property; BE IT NOW THEREFORE RESOLVED that the Region of Durham is hereby requested to consider licharging o only the service connection charge app the development of the residential lot "CARRIED" Acting p Staff advised both the u on Council 's directions, applicant and the Region of the Town' s position. By letter of December 12, 1983, the Region advised that they would not be waiving levy and frontage charges as requested by the Town, and that charges would be due in accordance with Regional policy. There was no explanation provided by Regional Staff to indicate that there was any difference between the subject application and the previously consider- ed application by Mr. MacLaren. By letter of January 11 , 1984, Town staff advised Mr. Major of the Region's position, and requested a written indication of how this decision would affect his position in respect of the conveyance. * Mr. Major replied by letter of March 6, 1984, copy attached, and indicated that the Town 's previous offer of Eighteen Hundred Dollars ($1 ,800.00) was no longer acceptable. He now indicates that he would like exactly the same settlement as Mr. MacLaren received, being payment of an amount of Three Thousand, Eight Hundred and Sixty Dollars ($3,860.00) , plus payment of all Regional charges. Staff Report * PD-150-83, copy attached , detailed the basis for the MacLaren settlement, and as such, Staff w i l l not rrep at them here. Suffice it to say, that exactly the same has been applied in this case. . . .4 REPORT NO. : PD-88-84 Page 4 Mr. Major' s request is therefore, inconsistent with the Town 's previous actions, and in Staff's opinion, should be denied. The settlement offered to Mr. Major is fair and equitable under the circumstances, and Staff are unable to recommend any changes to the Town' s present position. At the present point in time, the Regional Land Division Committee has been advised that the Town would have no objection to the proposed severance to create one (1 ) additional lot, conditional upon the satisfactory conveyance of the road allowance to the Town, and satisfaction of all other Town requirements, financial or otherwise. Failing any alternate direction from Council , Staff will proceed in accordance with Resolution #C-758-83, and will file any necessary appeals, should the Land Division Committee approve the severance application without regard for the Town 's requirements. Respectfull bm' ted, T.T. Edwards, M.C.I.P. Director of Planning TTE*j i p *Attach. March 26, 1984 Applicant: Mr. James Major Station Street ORONO, Ontario LOB IMO 17 t r-e- C, ter- o CL L7, C cy C, 0 MAR 7 1984 TOWN OF NEWCASTLE PLANNING DEPARTMENT _J 4 C ORPORATION OF THE TOWN OF NEWCASTLE T.T.EDWARDS,M.C.I.P.,Director PLANNING AND DEVELOPMENT DEPARTMENT TEL.(416)263.2231 HAMPTON,ONTARIO LOB 1JO REPORT TO THE COUNCIL MEETING OF OCTOBER 11 , 1983 REPORT NO. : PD-150-83 SUBJECT: CONVEYANCE TO TOWNOFMES MAORONO STATION STREET RIG HT- OUR FILE: LO 317/82 RECOMMENDATION: � It is respectfully recommended that Council app roved the following: 1 . That Staff Report PD-122-83 be received; and 2, That Staff Report PD-150-83 be received; and That Mr. James Major be requested to convey to 3. the Town of Newcastle the travelled portico offS Station Street indicated on Key Map 2. attached to PD-122-83; and 4. That in consideration of the aforementioned conveyance, the Town shall provide comments tohehsever of ance Durham Land Division Committee in support of t said severance of one (1 ) lot from Mr. Major's property, being conditional upon the approval of the Durham Regional Health Unit; and further that the Town of Newcastle p will pay to Mr. Major the cost of a water connection severed lot, up to the value of Eighteen Hundred Dollars ($1 ,8p0,00) ; and further that the Town will pay all legal and survey costs associated with the proposed conveyance and that these costs be paid for out of an account to be designated by Council ; and . . .2/ i page ?_ REPORT NO. : PO loo 83 following resolution be forwarded to I That the f I 5' Municipality of Durham for their consideration : the Regional Municip ration of the Town of acquire "WHEREAS The Corp o Newcastle has dccuedied bydpartbof the ac Orono certain lands o p Concesion 5, travelled portion of s Station Street s in and comprising Part of Lot 2 in order to geographic Township of Clarke e appropriate al ownership of an obtain municipal Station Street; road allowance AS such acquisition will allow Mr-lJ• WHEREAS for land severance for one ( ) Major to apply on Church Street , residential lot fronting Orono ; recognizes AND WHEREAS such acquisition evel ment of previous commitments to the development residential lots on the Major that the Region BE IT NOW THEREFORE RESOested to consider of Durham is hereby req charging only the servicementnoft charge the applicable to the dev p residential lot" '- BACKGROUND AND COMMENT: and Administration Committee Report meeting At the General purpose r 3, 1983, the Committee considered Staff dames of October uests submitted Y PD_122_33 in respect of req a portion of ance of P Major of Orono related to the convey f-way for Station Street Municipal rig land required as a conveyance. As a result of the and his conditions for chit wasYresolved that staff should dommittee' s consideration, contact Mr. Major to ensure that he was aware ons of e Staff contents and implications of the re staff contacted Mr . Following therefrom ust 28, Report PD-122-83• h his letter of Aug Major and ascertained that althoug 1 lot de reference to the severance of one ( ) 1983 only ma . . .3/ Page 3 REPORT NO. : pn-150-83 i nt of an amount equal to the cost of one (1 ) and payme ue water connection , he was in fact req sting an identical McLaren in respect of settlement to that reached with Mr. abutting lands to the east. will recall , an agreement was reached with Mr. As Council required for McLaren in order to effect a transfer of agreement eancluded That the Station Street right-Of-way• the following: the Town to Mr. McLaren , of _ Conveyance by five (5) parcels of land; Payment of all legal and survey costs associated with the transfer of lands ; _ The waiving of applicable development charges ; of a recommendation to Regional - Forwarding Tonal levies and frontage Council , that Reg charges also be waived. a reement it was assumed that the iaau of In reaching this g plus the applicable the lands being conveyed by the Town , was equivalent to the value of the lanthebonly lot levies Therefore, conveyed by Mr. McLaren to the Town. additional consideration was the payment of legal and survey ' n involved a land since the transactio d° costs s' survey costs , � cash transfer. With resp ect to the legal an that the basis of this consideration was the it would appear proceeded to expropriat> > fact that if the Town had P al and survey costs in any would have incurred certain leg event. aid to Mr. that regard, it should be noted that Hundred and Sixty in Eight McLaren a sum of Three co°efa hose costs reflecting an Dollars ($3,860-00) to ursuit of this amount already expended by Mr. McLaren in P i i i Page 4 � I REPORT NO. : pl,- 150-83 I transfer of lands . Out of this however , Mr. Mc Laren was I a ment of water connection charges himself , responsible for p Y for any new lots created. I I Mr. Major is proposing the conveyance of a In comparison , portion of a road allowance with an estimated hanvel of for payment p 1 800.00) in exc 9 Eighteen Hundred Dollars ($ for- one water connection. The value of a water tonne ti may is estimated at Fifteen Hundred Dollars ($1 ,500-0 ) ,ncurred at the be more or less depending upon actual costs time of installation. It is not unreasonable therefore , for the Town to pay for one water connection and f a combined portion of the lot levy up to but not exceeding 1 800.00)• Similarity total of Eighteen Hundred Dollars ($1 assume payment of it is not unreasonable for le al and survey costs given Council 's decision in respect 9 of the Mc Laren agreement. As was done in Mr. McLaren's case , pa should be made to Mr. Major on the basis of the value of the land. Mr. Major can then apply that payment to defray his costs which include the water connection and Town levy. With respect to the Regional Development charges , staff can only recommend that, as in the case of Mr•Regional McLaren 1 , he and Region of Durham be requestederation is received frontage charges. If favourable consideration from the Region, then Mr. Major could expect to pay, in addition to the Regional road levy, the Town's lot levy for that one (1 ) lot and the cost of one water connec ioortoEighteen lot. The Town on the other hand plyasoassuming all legal Hundred Dollars ($1 ,800.00) as w e and survey costs associated with the transaction. Respectfull sub 'tted, T.T. ar M.C.I .P. _...-,,.. of planning I ;.f KEY MA FORMER TOWNSHIP OF CLARKE OT LOT I LOT I I LOT I LOT I LOT 24 I 23 I LOT i LOT LOT I LOT 28 I 27 I 26 25 LOT ( 30 I 29 3 3 I 32 I 31 ( I I otOAO 1 � '� 'f� •.: I I I I _s i • I I i I I I ' I I i I I I I I I I I I I I I I I ' K:. I s I rAr/ON I 1 i sr ORON i w I zl I Subject Sue �r , i Z col ► i I a I i ❑ s I I � I I o I � I j I `. I i i IJ I I I I I I I I I I I i M I i I I I z I i I i i I z I I I I I I I I I 0 250 500 IOOOm 500 KEY MAP 2 i FORMER TOWNSHIP OF CLARKE 11a 6o '•, n 3 IOR - 1156 • C 3 PAnr I -to S y - •0-j p,0 p p I 0.7 w 4 9' .r - h 0 O 4, PART q p,T,.A a _ M O M -at w 7��ir wQ1� �- O20~ •n#�~ -o3z _o3S f •` is r 5 PART 7 _° PART 5 5 Q�a 3 t —° se•al' 4T,00' se•oo' 3s•44' Ss•za' yy' PRINCESS STREET (;•l:;Y r.�_,; I- $ 86 PARTi"e-/O q � 7 I—_ - - - 6 -oa3 t I R-761 1 I Q_ z Y . + ^ MRT3 0 0 3 090 •�1m � �, �. 11 I o 0 0 ?. n e PART 19 ° 7 1(D ♦ o J ' : e �t 3-ono-1c7 6 w i APPEAR3 0 4io 0 9 oCCUP1E 1� 3-oVo-11$ 9' : rAnr r al -los ; `�`� 3-090-022 0 b. _ -- _A 1 36.90 ` — —— — T9.30 41- — — __n° � \\ It rt PART Y 2 s 'o`er S A 10 10 3-OVo- 107. ) .J 10 e 34- • I I IA STREET - - � _ —" - - .— _ ",[34-32 74.46 $1.44 lia•oo' 1.53-00, IOR-108 _1p 1 rARS-1 11 X II .3-090-101 1 a II b 044 4_14441 Of 4KO4JF*Tl0 e �' a•• ' Irs-oo' 1 :f k $ �6« •3-oao-/:to - ♦Z U O Ias•Od 10, it N N 30-4 " 12 .2 ° �f.i K . " r ( 4s•40' y, 110.10 .� 12 -/op 12 N 1 I PROPOSED LANDS TO BE CONVEYED TO TOWN LANDS SUBJECT TO SEVERANCE APPLICATION 50 150ft,��