HomeMy WebLinkAboutP-193-80 REPORT # 1
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CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT D.N, SMITH, M.C.I.P., Director
HAMPTON. ONTARIO LOB 1JO TEL. (416)263-2231
REPORT TO COUNCIL MEETING OF NOVE11BER 17, 1980
REPORT NO. : P-193-80
SUBJECT: D. R. Agencies Subdivision Agreement
S-D-1-6-2 - 5% Parkland Requirement
BACKGROUND:
On November 3, 1980 Mr. Doug Roy appeared before Town
Council and requested that the Town reconsider its position on his
subdivision agreement, more particularly that Council reconsider the
requirements within the agreement in respect of parkland dedication.
Council considered the following resolution which was tabled and re-
ferred to staff and the Town Solicitor for a further report:
Resolution C-80-1375
"THAT the D. R. Agencies Subdivision be reconsidered in
the light of the inequities presented by the owner on
November 3, 1980 to this Council and be it resolved that
the valley or hazard land remain in the present owner-
ship with the following conditions on the present owner:
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1) that the present owner only retains the ownership of
the valley/hazard lands as long as he retains and re-
sides in one of the residences on the subject subdiv-
ision
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2) will convey the valley/hazard lands to public owner-
ship at a cost established by an independent appraisal,
to the town, in the event that the present owner sells
or terminates residence in the subject subdivision
3) that the present owner will convey to public ownership �
those subject lands required for storm and or water
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quality management at a time required by the Town
and or CLOCA at an independent appraised price
4) that all the above be registered against title as
all the above is in keeping with Town policy regarding
Parkland Dedication paragraph 2."
On November 7, 1980, the Director of Planning met with Mr.
Roy in respect of this matter and negotiated an alternative position with
Mr. Roy regarding the parkland requirement which may be acceptable to
Council.
COMMENTS:
As members of Council are aware, the original subdivision
agreement, as adopted by Town Council on October 20, 1980, called for
the conveyance of the creek valley lands in the subdivision plan to the
Municipality at no cost. The agreement further required the owner to
pay $4,000 cash-in-lieu of parkland on the developable portion of the
subdivision plan.
Alternative No. as represented. by the Town Council reJoluti-on
noted above, may not at the time of writing this report be in a position
to be considered by Council in that the Town's Solicitor's comments are
not available.
Alternative No. 2 will require changes to the development agree-
ment and has been reluctantly agreed to by Mr. Roy. The changes are as
follows:
1. The $4,000 cash-in-lieu requirement on the develop-
able lands would be reduced to $2.00 thereby overcoming
the requirement to amend the conditions of draft plan
approval on the subdivision.
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2. One-third of the lot development charge or $4,000
would be credited to the park development fund and
then paid to D. R. Agencies as further compensation
for the creek valley land.
3. The Town would forego the collection of the admin-
istrative fees applicable to the processing of the
subdivision plan estimated at $1500.
4. The Town would offer a lease to D. Roy for the creek
valley land for a nominal amount, the lease to be re-
newable annually at the Town's discretion.
5. The payment of the lot development charge now payable
in full on execution of the agreement would be split
so that $6,000 would be payable upon execution and the
balance would be payable on the issuance of any Authorization
to Commence Works.
Staff submit this report for the consideration of Council
at their meeting of November 17, 1980.
Respectfully submitted,
//UW—
DNS:lb D. N. Smith, M.C.I.P.
November 10, 1980 Director of Planning