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HomeMy WebLinkAboutPD-145-84 REPORT #4 4 , i 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. . . .2 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. .. .3 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. .. .4 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 L1 H 1B6 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 i