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HomeMy WebLinkAboutPSD-058-02 -., .fi Clafj- fl Leading t1-!}gro REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 3, 2002 110 r &/IT- .t2-5jL-o;;z. File #: PLN 20.5.5 By-law #: Report #: PSD-058-02 Subject: DEVELOPMENT CHARGES EXEMPTION REQUEST OWNER: WM. TON NO CONSTRUCTION LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-058-02 be received; 2. THAT Mr. Scott Brown's request on behalf of Wm. Tonno Construction Limited for an exemption to the Municipality's Development Charge By-law 2000-108 for the property located at 3112 Tooley Road be DENIED; and 3. THAT Mr. Brown be advised of Council's decision. Submitted by: Da d . Crome, M.C.I.P., R.P.P. Director of Planning Services Reviewed by: 0 ~-~. Franklin Wu, Chief Administrative Officer L T*DJC*sn May 28, 2002 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-0830 674 ,~.- ~, REPORT NO.: PSD-05S.o2 PAGE 2 1.0 BACKGROUND 1.1 Mr. Scott Brown, by correspondence dated November 5th, 2001, submitted a request to the Municipality asking that an exemption to the Municipality's Development Charges By- law 2000-108 be granted for the property known as 3112 Tooley Road in Courtice. 1.2 The Clerk's Department advised Mr. Brown that Council considered his correspondence on January 14th, 2002. At that time a motion was passed referring his letter to the Director of Planning Services. 1.3 In summary, Mr. Brown's letter of November 5th (See Attachment 1) noted the following: . The dwelling unit on the property was vacant and damaged through vandalism to the extent that renovation were not an option. . Boarding up the structure would only serve as a temporary solution. The vandalism will not stop unless the house is demolished. . They are prepared to face the loss of the house value and the additional cost of demolishing the house in order to secure the premises but are not encouraged to do this when they are faced, through the policy in the Municipality's Development Charges By-law, with having to pay a development charge if a building permit is not obtained within two (2) years of the demolition of the dwelling. . The lands are designated as a proposed separate school site through the Worden East Neighbourhood Plan. . Since the Separate School Board has only indicated a "potential future need" for this site and has not confirmed that they will be purchasing the site, this property will remain as a proposed school site until such time as the Separate School Board decides the need exists and they decide to purchase the property. In light of the above it was respectfully requested that they be exempted from the two (2) year limit to the Municipality's Development Charges By-law and that a development charge only be levied against this lot in the future if and when they are able to build on the property. 675 ...... .. REPORT NO.: PSD-058-02 PAGE 3 2.0 MUNICIPALITY'S DEVELOPMENT CHARGES BY.LAW 2.1 The Municipality's Development Charges Policy Report provided the background principles and direction through which the Development Charges Quantum was calculated, culminating in the enactment of the Development Charges By-law 2000-108. 2.2 Within the Development Charges By-law, Section 3 entitled "Lands Affected by By-law", it states this by-law applies to all lands within the geographic area of the Municipality. This would include all vacant existing lots of record. This principle is based on the fact that residential development would increase the need for services. Therefore where a building permit has not been issued, a development charge would be required prior to its issuance. 2.3 The by-law does contain an exemption to this principle. Where a dwelling has been demolished, a twenty-four (24) month grace period from the time of demolition to the receipt of the building permit was provided within which a development charge would not be required. Additionally, a second exemption would increase the grace period to a four (4) year timeframe if the Owner of the lands has entered into a Subdivision Agreement with the Municipality. The four (4) year grace period would be from the date of the execution of the Subdivision Agreement and the receipt of a demolition permit. 3.0 STAFF COMMENTS 3.1 Wm. Tonno Construction Limited has not taken any actions to date that would implement either of the exemptions within the Municipality's Development Charges By-law as noted above. 676 "- !. REPORT NO.: PSD-058-02 PAGE 4 3.2 Mr. Brown, in his written submission, indicated that the Separate School Board has not provided any indications that this is the preferred site of the future separate school for the Worden East Neighbourhood. Council, at their May 13th meeting, endorsed Staff Report PSD-035-02 containing the Worden East Neighbourhood Design Plan. In November 1988 this area of the Clarington Official Plan was referred to the Ontario Municipal Board (Referral 4) in regards to the designation of a separate school site. In order to avoid an Ontario Municipal Board hearing the Municipality entered into negotiations with Mr. Curtis. A settlement was reached between the Municipality, the Peterborough Victoria Northumberland and Clarington Catholic District School Board and Mr. Curtis in June of 1997. The Memorandum of Understanding stated that the Municipality would prepare a Neighbourhood Design Plan for the Worden East Neighbourhood based on a scoped terms of reference whereby, in addition to other items such as servicing and road patterns, the school would be determined. Section 18.4.2 of the Clarington Official Plan requires a minimum of 2.5 hectares be allocated for future elementary schools on full municipal services. The Neighbourhood Plan, as approved, proposed the school in the south end of the neighbourhood within access of available services on Nash Road. The neighbourhood is encumbered by fragmented ownership. The School Board indicated that, as they would have to assemble land in order to meet the 2.5 hectare minimum, they wished to deal with as few land owners as possible. The chosen site covers three properties, two of which are owned by the same developer. In response to the concerns raised at the open house and workshop sessions, the School Board was contacted to determine the absolute need for providing a school in this neighbourhood. The Board indicated that the site was necessary and would not support removing it from the plan. 677 "-0..:. " REPORT NO.: PSD-058-02 PAGE 5 3.3 The Municipality through the completion of the Neighbourhood Plan, has provided the School Board with the necessary assurances that a school site has been designated within the Worden East Neighbourhood. It has recently been brought to staff's attention that the property in question has been listed for sale. The School Board has been informed of the listing. School Board staff has indicated purchase of the properties in question would be dependent on School Board funding. 3.4 The Municipality requires development charges to finance capital works and services to meet the need of population growth. The exemptions and the grace periods provided within the Development Charges By-law were deemed at the tirne to be reasonable time periods within which a development charge could be waived. Staff cannot support he exernption as requested. 3.5 In the event Council deems it appropriate to consider an exemption, an amendment to the Development Charge By-law pursuant to the provisions of the Development Charges Act would be required. The Act requires Council to hold at least one (1) public rneeting. Notice of the public rneeting is to be provided by placing an advertisement in the local newspaper(s). The public meeting itself cannot be held any earlier than twenty (20) days after the notice appears in the newspaper(s). 3.6 Following the holding of the public meeting, should Council deem it appropriate to amend the Development Charges By-law, the Clerk is required within fifteen (15) days of the By- law's passage to advertise its enactment in the local newspaper(s). The notice of passage would also specify the last day for filing an appeal. The associated costs of providing the public notifications throughout the process are borne by the Municipality. 678 ,....:.. \ . REPORT NO.: PSD-058-02 PAGE 6 4.0 CONCLUSIONS 4.1 In light of the above noted comments, staff respectfully recommends that the request submitted by Mr. Scott Brown on behalf of Wm. Tonno Construction Lirnited for an exemption to the Development Chares By-law 2000-108 be denied. 4.2 The Municipality's Solicitor has reviewed, and concurs with, the recornrnendations of this report. Attachments: Attachment 1- Attachment 2- Applicant's Submission Key Map Interested parties to be advised of Council's decision: Mr. S. Brown Wm. Tonno Construction Limited 121 Marica Avenue OSHAWA, Ontario L 1 G 3G9 67'J ". lum. Tonno Construct i on Fax:905-723-7711 Dec 13 '01 10:25 P.01 o "'m. ~'~nlno CONSTRUCTION LIMITED SINCE 1954 ATTACHMENT 1 121 MAfllCA AVENUE, OSHAWA 'OlOEC1;3 Ff1 <','03:31 ONTARIO. CANADA L lG 3G9 TELEPHONE I FAX 905.723.7711 November 5, 2001 ;:;!:3~r" . unON . 'r:~'~ . '" "iliiil ' . i .~, ,. , , u'~~ '~:l"~C . . v .,: 1 ".."".,-I't ! .' : r,n '011. - /7 i '.... r "-' ,. L "- _._ . I ~ ' ~,,-ii -:--= , . '~-~-'--, ! ; " .--...- ..-..- Ms. Patti Barrie, Town Clerk Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario LtC 3A6 RE: 3112 Tooley Road Con.3 Part Lot 33 Dear Ms. Barrie; Please be advised that we are the owners of the above noted property, which has approximately a I 33-foot frontage on Tooley's Road and approximately a depth of661 feet. The current house on the property is vacant and damaged through vandalism to the extent that renovation is not an option. In addition this land is under review and proposed for a school site. In order to clean up and maintain this property in a proper and safe state we need to "board up" the house or demolish it. Boarding up the house will only serve as a very temporary solution. The vandalism will not stop unless the house is demolished. We are prepared to face the loss of the house value and the additional cost of demolishing the house in order to secure the premises. It is however not encouraging to do aU this when we are then faced, through the policy of the Municipality of Clarington, with a Municipal levy charge if we have not obtained a building permit within two years of receiving a demolition permit. Since the lands have been designated as a proposed separate school site through the Worden East Neighbourhood Study, we would not be able to obtain a building pennit at this time, as advised by Municipal staff. '\ th MCf'lbet Of Cani-uJian H(mlt-~ BllilrJers' ASSt.l(:J~Ulon 680 '. . Wm. Tonno Construction Fax:905-723-7711 Dee 13 '01 10:25 P.02 . Since the Separate School Board has only indicated a potential future need for this site and have not confirmed that they will be purchasing this property, this property will remain as a proposed school site until such time as the Separate School Board decides the need exists and they decide to purchase the property. If the need does not exist in the future, they will not require the school site. Because the need for the school currently does not exist. a decision by the Separate School Board will in all likelihood not be made for another five to ten years. We are therefore, respectfully requesting that we be exempted from the two year limit in this Municipal policy and that no development charge levy be applied to (his lot in the future, if and when we are able to build on the land. It would be most appreciated if you could deal with this matter as soon as possible and please inform us of any meetings at which this matter will be dealt with so that we may attend and answer any of your questions. Yours truly, Scott Brown cc: Mr. Rick Pigeon, Municipality of Clarington - Building Department Ms, Isabel Little, Municipality of C1arington - Planning Department 681 ......:;:. to_. ATTACHMENT 2 - ----- ;tSJbJ~ Property ~ - - - 3112 Tooley Road ~ [ "" 0 L ~ - Q - ~ It Q -- !if u.: m [ ~ "- ~ - 0 "s,,~~~" K ~ _ ~~~FII l,.O r- r- 0 [ ~ '" c ,..- II II " ....._r- Seperate Elementary 0 \\ School Site (Worden 0 Q - Neighbourhood Plan) ~ ~ It \ I; 0 [ >- LLI I I I [] c5 0 0 c:J e I I I U [ . NASH ROAD / ,,\ // '\ / Development Charges Exemption Request, J Owner: Wm. Tonno Construction Limited Courtice Keymap ~ 682