HomeMy WebLinkAboutPD-145-84 REPORT #4
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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 SPECIAL COUNCIL MEETING OF FRIDAY, AUGUST 3,
1984
REPORT NO. : PD-145-84
SUBJECT: PROPOSED SUBDIVISION AGREEMENT
HOLLAND AND SCHLEISS
PLAN OF SUBDIVISION 18T-77001
RECOMMENDATION:
It is respectfully recommended to Council the following :
* 1 . That Report PD-145-84 be received; and
2. That the attached by-law authorizing execution
of a Subdivision Agreement between Walter
Schleiss and Raymond D. Holland and the
Corporation of the Town of Newcastle be
approved; and
3. That the Mayor and Clerk be authorized to
execute the Subdivision Agreement between
Walter Schleiss and Raymond D. Holland and the
Town of Newcastle at such time as an agreement
has been finalized to the satisfaction of the
Director of Public Works and the Director of
Planning.
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REPORT NO. : PD-145-84 Page 2
BACKGROUND AND COMMENTS:
The subject plan of subdivision received draft plan approval
on January 28, 1981. Among the conditions of approval , was
the requirement that the Owner agree in writing to satisfy
all the requirements financial and otherwise, of the Town of
Newcastle concerning the provision of roads, installation of
services and drainage.
In that regard, Staff have been proceeding with the
negotiation of a Subdivision Agreement, which process, we
hope to complete within the next two or three weeks. In
order to facilitate execution of the agreement and expedite
registration of this plan, Staff feel that it would be
appropriate at this time to authorize execution of the
subject agreement, and that said agreement be executed at
such time as it has been finalized to satisfaction of the
Director of Planning and the Director of Public Works.
During the course of negotiation, only two matters were
identified that require Council 's consideration. These are
the necessary standard of road construction prior to
issuance of building permits, and the matter of adjusting
lot development charges on an annual basis. In that regard ,
Staff have some difficulty with allowing issuance of
building permit for lots which will be taking access from a
proposed subdivision road until such time as that road has
been constructed to, at least, the base course of asphalt.
This is intended to prevent contamination of the road base
which would result in subsequent problems for the
Municipality.
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REPORT NO. : PD-145-84 Page 3
In consideration of the applicant' s request, Staff are
recommending that this matter be left somewhat to the
discretion of the Director of Public Works in order to allow
consideration of alternative means of providing access by
means of special construction roads utilized during the
construction phases, or until the roads have been completed
to the base course of asphalt. Staff feel that this wording
will provide additional flexibility.
With respect to the issue of adjustment of lot development
charges, Staff note that in accordance with Town Policy,
annual review of our schedule of development charges is
undertaken. Wording to this effect is included within the
Development Agreement to ensure that, if building does not
take place within a reasonable period of time, levies being
paid will reflect the current situation. This matter has
been discussed with the applicant, who is agreeable to such
an adjustment, should the development not proceed within the
specified time period. In that regard, Staff would have no
difficulty with tying the adjustment of development charges
to a two (2) year time limit from the date of registration
of the Plan or Phase of the Plan , to the date of issuance of
the first building permit. It is therefore conceivable that
each phase of a Plan would be subject to differing
development charges , depending upon the determination of
Council through the course of its annual review of
development charges.
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REPORT NO. : PD-145-84 Page 4
If Council concurs with Staff' s proposed method of dealing
with these two issues, appropriate wording would be included
within the Subdivision Agreement.
Respectful i ted,
T.T. Edwards, M.C.I.P.
Director of Planning
TTE*j i p
*Attach.
July 31 , 1984
Applicant : Kilimanjaro Investments Limited
and Newgor Land Group
250 Madison Avenue
TORONTO, Ontario
M4V 2W6
Agent: Peter Z. Magda, Q.C.
96 King Street East
OSHAWA, Ontario
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 84-
being a By-law to authorize the entering into of an Agreement with
Walter Schleiss and Raymond D. Holland and the Corporation of the
Town of Newcastle.
The Council of the Corporation of the Town of Newcastle hereby enacts
as follows:
1 . THAT the Mayor and Clerk are hereby authorized to execute on
behalf of the Corporation of the Town of Newcastle, and seal with the
Corporation's seal, an Agreement between Walter Schleiss and Raymond
D. Holland and the said Corporation dated this day of ,
1984, in the form attached hereto as Schedule "X".
2. THAT Schedule "X" attached hereto forms part of this
by-law.
BY-LAW read a first time this day of 1984
BY-LAW read a second time this day of 1984
BY-LAW read a third time and finally passed this day of
1984
G. B. RI KARD, M—AYE
CLERK
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