Report to: General
Committee Report
Date:
SUBJECT: Development Charge Credit Application – Box Grove Hill Developments Inc.
PREPARED BY: Kevin Ross, Ext 2126
RECOMMENDATION:
1) That the report entitled “Development Charge Credit
Application – Box Grove Hill Developments Inc.” be received;
2) That Council authorize Town Wide Hard Development
Charge credits to Box Grove Hill Developments Inc. and Box Grove North Inc.,
not exceeding $3,319,468.06, in accordance
with the Town’s Development Charge Credit Policy for the construction of public
works relating to a portion of Don Cousens Parkway and Copper Creek Drive;
3)
That the Mayor and Clerk be authorized to execute a development charge
credit agreement, in the event that the credits are not included in a
subdivision agreement with Box Grove Hill Developments Inc. and/or Box Grove
North Inc., or their successors in title.
4) And that staff be directed to do all things
necessary to give effect to this report.
EXECUTIVE SUMMARY:
Not applicable.
PURPOSE:
The purpose of this report is to obtain Council’s
authorization, in accordance with the Town’s Development Charge Credit Policy, to
grant Town Wide Hard Development Charge Credits, not exceeding $3,319,468.06, for
construction of a portion of
a) The design and
construction costs of the future sidewalks/pathways and illumination of
b) The land costs (i.e.
right-of-way beyond 20.0m) of
c)
The
design and
construction cost of the future 4th lane road and property of
These works are necessary for Box Grove Hill
Development Inc. to proceed with development of their draft plan of subdivision
19TM-030012.
BACKGROUND:
Box Grove Hill Developments Inc. approached
the Town requesting authorization to undertake the aforementioned public works,
subject to the Town providing development charge credits, at the Subdivision Agreement
stage in accordance with the Council approved Development Charge Credit
Agreement Policy.
The Town Wide
Hard Development Charge by-law quantified the works associated with the design
and construction of certain components of
The Engineering
Department will report, in camera, on
Section 38(1) of the Development Charges Act, 1997 provides
as follows:
“If a municipality agrees to allow a person to
perform work that relates to a service to which a development charge by-law
relates, the municipality shall give the person a credit towards the
development charge in accordance with the agreement.”
Certain components of these works, as shown in
Figure ‘A’, and as described above, have been included in the Town’s 2008 Town
Wide Hard Development Charge By-law. The
development charge credits will be limited to the lesser of $3,319,468.06 (the
amount included in the Background Study) and the actual cost of the
infrastructure. Box Grove Developments
has estimated the cost of these works to be $3,120,532.16 and has requested a
partial credit on Phase 2B1 of their Draft Plan No. 19TM-030012 in the amount
of $2,894,048.42, with the remainder to be applied to Phase 2B2, expected to proceed
in 2010.
Development charge credits have
been used in a number of development applications to facilitate the
construction of infrastructure in advance of the Town’s capital program. The
developer will comply with all the Town’s standards for design and
construction.
Town staff support this request for
Town Wide Hard development charge credits, subject to the terms set out in the
Development Charge Credit Policy, including:
·
Definition
of the scope of the work and the responsibilities of the Owner.
·
Deposit of
financial securities to guarantee completion of the work and payment of any
additional development charges owing.
·
Definition
of credit amounts to be applied to the development.
·
Identification
of time schedules for various activities.
FINANCIAL CONSIDERATIONS
ENVIRONMENTAL CONSIDERATIONS:
Not applicable.
ACCESSIBILITY CONSIDERATIONS:
Not applicable.
ENGAGE 21ST CONSIDERATIONS:
Not applicable.
BUSINESS UNITS CONSULTED AND AFFECTED:
Finance,
Engineering and Legal Services Departments.
RECOMMENDED BY:
___________________________ ___________________________
Treasurer Town Solicitor