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Home My WebLink AboutPD-195-82 C 0 N F I n E N T I A L C, f CURFIDENUAL 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 DECEMBER 13th, 1982 REPORT NO. : PD-195-82 SUBJECT: CEAN INVESTMENTS (OSHAWA) LIMITED APPLICATIONS FOR SEVERANCES OUR FILE: Z-A-2-5-2 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-195-82 be received In Camera; and 2. That the lot development charge of $1 ,500 per lot be reduced to $750 per lot for those lots subject of severance applications LD-261 , 262 and 263-82, in accordance with the recommendations of Mr. David Sims, Town Solicitor; and 3. That Mr. David Sims be advised of the actions of Council and that he be requested to obtain from the solicitors for Cean Investments (Oshawa) Limited assurances that the matter of the Town of Newcastle 's lot development charges will not be raised at any Ontario Municipal Board Hearing in respect of the above-referenced severance applications. Report No. PO-195-82 . . .12 BACKGROUND: In July of this year, staff were advised by solicitors for Cean Investments Limited that their client had undertaken an appeal to the Ontario Municipal Board in connection with application for rezoning Z-A-2-5-2. It was their intention that this rezoning application be considered concurrently with the Region of Durham 's appeal in respect of severance applications LD-261 , 2.62 and 263-82. As a result of the Committee 's consideration of Staff Report PD-134-82, the Ontario Municipal Board was advised that the Town of Newcastle objected to the proposed amendments to Restricted Area By-law 1587 on the basis of non-conformity with the intent of Section 8.1 .3.1 of the Durham Regional Official Plan. Said Section requires the provision of full municipal services as a pre-requisite to development within the Bowmanville Urban Area and, in fact, formed the basis for the Region of Durham's appeal of the Decision of the Land Division Committee in respect of the subject applications. Following therefrom, Town Staff received a telephone request and more recently, a written request, from the solicitors for Cean Investments in respect of the details of Town of Newcastle By-law 76-58, which is a By-law to establish lot development charges within the Corporation of the Town of Newcastle. It was also indicated that the amounts of these development charges would also be brought into question at the Ontario Municipal Board Hearing, a date for which has not yet been scheduled. Following therefrom, staff referred this matter to Mr. David Sims, Town Solicitor, inasmuch as there is no evidence on file as to the methodology utilized in establishing the lot development charges referred to by By-law 76-58. Needless to say, this would make defence of our development charges at any Board Hearing difficult, if not impossible. i I Report No. PD-195-82 . . ./3 Inasmuch as a reduction in lot development charges has been granted in the past as a means of avoiding Board consideration of the Town's development charges , Mr. Sims was requested to discuss this possibility with the solicitors for Cean Investments. As a result of those * discussions, the attached letters were received, � which, I believe, are self-explanatory. In view of the circumstances surrounding this matter and the fact that the Town 's development charges are presently under review in accordance with the recommendations of the Clayton Study, staff are recommending that the development charges applicable to the subject lots be reduced from $1 ,500 per lot to $750 per lot, conditional upon Mr. Sims being able to obtain satisfactory assurances that the matter of the Town 's lot levies will not be brought before the Ontario Municipal Board as part of their consideration of the subject application for rezoning and severance. Respect ne, T. T. Edwards, M.C.I.P. Director of Planning �ijc F November 16, 1982 GARDINER , ROBERTS BARRISTERS AND SOLICITORS HARRY D.ROBERTS,O.C. JOHN B.CONLIN,O.C. MILTON J,MOWBRAY,O.C. TELEPHONE 367-0620 JOHN G.PARKINSON,O.C. PETER WEBB,O,C, WILLIAM LIBER,O,C. .JOHN R.MII,LER BARRIE W.WEBB,O,C, RODERICK A,MACD000ALL TELEx GARROB 06-23656 RAY",GOODWIN ROBERT ROSSOW CARL BARRY TARSHIS DAVID E.FINE J.BRIAN CASEY ROBERT G.DOUMANI 120 ADELAIDE STREET WEST IAN JAMES LORD J.GORDON MCMEHEN A.CHARLES GLVEK JONATHAN H.WIGLEY BRIAN A.FARLINGER DAVID C.POYNTON TORONTO,, CANADA GINA $,BRANNAN EVERT VAN WOUDENBERG November 12, 1982 M5H ITS Mr. Terry Edwards Planning Department s ' J`�`' Town of Newcastle 40 Temperance Street f � �b � Bowmanville, Ontario L1C 3A6 Dear Mr. Edwards . Re: Cean Investments re Severance Appeals Our File No. 17-35, 124 In our telephone conversation of October 26 , 1982, you informed me that you did not think that there are any planning reports which relate to the enactment of by-law 76-58 entitled "A by-law to establish a scale of development charges". Would you be kind enough to confirm this and if there are any such planning reports, please send them to the attention of the writer and bill us for same. If there are no such planning reports, I would ask you to kindly confirm this in writing. - i Yours very truly, GARDINER, ROBERTS per: i Chris Koressis CK:dg D.J.D. SIMS.Q.C. s Brady & McInerney � J.F. BRADY PRRIsTE STERS&SOLICITORS NOV 15 1992 TOWN November 11, 1982 i Mr. T. T. Edwards, M.C.I.P., Director of Planning, Corporation of the Town of Newcastle, Municipal Buildings, Hampton, Ontario. LOB 1JO Dear Mr. Edwards: Re: Lean Investments (Oshawa) Limited Your File No. 17-35, 124 I enclose herewith a copy of a letter which I have received from Mr. wigley which I believe you will find self explanatory. I am prepared to recommend to Council that the development charge in this case be reduced from $1,500.00 per lot to $750.00 per lot. Council's instructions should be obtained in due course. Yom y, David t. D.Sims j DJAS:mrs p. c. Mr. D. Smith i 117 KING STREET, WHITBY, ONTARIO L.IN 47,1 BOX: 358 TELEPHONE: 668.7704 , aCe) GARDINEFR , ROBERTS BARRISTERS AND SOLICITORS HARRY D.ROBERTS,O.C. JOHN B.CONLIN,O.C. MILTON J.MOWBRAY,Q,C, (-�( (;yjryry�} JOHN G.PARKINSON,q,C. PETER WEBB,O.C. WILLIAM LIBER,Q.C. `� i � TEL� 111bNE 367-0620 JOHN R.MILLER BARRIE W.WEBB,O.C. RODERICK A.MACD000ALL TELEx GARROB 06-23656 RAY G.000DWIN ROBERT ROSSOW CARL BARRY TARSHIS DAVID E.TINE J.BRIAN CASEY ROBERT G,000MANI 120 ADELAIDE STREET WEST IAN JAMES LORD J.GORDON MCMEHEN A.CHARLES GLUEK JONATHAN H.WIOLEY BRIAN A.F ALINGER DAVID C.POYNTOH TORONTO, CANADA GINA S.BRANNAH EVERT VAN WOUDENBERG MSH ITS November 3, 1982 Messrs. Sims , Brady & McInerney Barristers and Solicitors 117 King Street P.O. Box 358 Whitby, Ontario LIN 4S4 Attention: Mr. David J. Sims ,' Q.C. Dear Sirs: Re: Cean Investments (Oshawa) Limited Our File No. 17-35,124 In our telephone conversation of October 27, 1982, we discussed the development charge issue between our respective clients. As you are aware, the Town of Newcastle 's present development charge is $1, 500. 00 per lot and that charge was imposed as a condition of severance. As the matter has now proceeded to the Ontario Municipal Board level at the instance of the Regional municipality and the Town of Newcastle, I raised the issue of the quantum of this development charge. You advised that you were prepared to recommend to the Municipal Council that the development charge be reduced to $750. 00 per lot as settlement of this particular issue between our clients. I have discussed this with Mr. Zygocki , the president of Cean Investments and I am instructed to advise that such a figure would be acceptable. Once you have received instructions from the Town, on this issue, would you please advise. Yours truly, GARDINER, ROBERTS per: JW:dg J. Wigl CC. Mr. Michael Zygocki