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Home My WebLink AboutPD-105-92 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: CLARKE. GPA Date: General Purpose and Administration Committee Monday, May 4, 1992 File # D (:) c> Res. # ~//1- 35/- 9;<.; , Meeting: PD-105-92 #: File#: 18T-89007 # Subject: PLAN OF SUBDIVISION - AMENDED CONDITIONS PART LOT 1 AND 2, CONCESSION 1, FORMER TOWNSHIP OF CLARKE FILE: 18T-89007 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-105-92 be receivedj 2. THAT Condition 29 of the Draft Plan of Subdivision 18T-89007 as recommended for approval by the Town of Newcastle on July 22, 1991 be amended to: "That a 0.3 metre reserve be deeded to the Town of Newcastle, free and clear of all encumbrances, along the unopened Town's road allowance abutting Blocks 20 & 21." j 3. THAT a copy of Report PD-105-92 and Committee and Council's recommendation be forwarded to the Region of Durhamj and 4. TllAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. BACKGROUND 1.1 On July 22, 1991 the General Purpose and Administrative Committee recommended to Council that Rezoning Application DEV 89-050 and Draft Plan of Subdivision 18T 89007 be approved. Council adopted the GPA Committee recommendation and the condi tions of Town approval were forwarded to the Durham Region Planning Department. 1.2 The Plan of Subdivision that was approved was comprised of 19 residential lots and two blocks (Block 20 and Block 21). ....2 "0 ( / IlECVCLED PAPIER PAPER RECYCU': THIS IS PftltHEOON nECYCLEO PAPEf1. REPORT NO. PD-105-92 PAGE 2 These blocks were located at the north and south portions of the subject lands with the 19 lots located between these two blocks. Both blocks possess various restrictions (being Agricultural and Noise), which effectively limit or restrict development on the lands. 1.3 The owner of the lands has requested that Condition 29 be deleted from the Town of Newcastle's conditions of approval. "29) That Block 20 and Block 21 be conveyed and meld with the lands to the west." Apparently the owner does not own the abutting land and hence could not meet this condition. 2. COMMENTS 2.1 The Official Plan amendment approved for the subject lands permitted the creation of a total of nineteen (19) building lots. The approval did not contemplate residential development on Blocks 20 and 21. Notwithstanding the noise and agricultural code of practice restrictions that exist on Blocks 20 and 21 any future residential development would require an Official Plan Amendment and rezonig to permit the development of this land. Staff are satisfied that the deletion of this clause would not offend the intent of the draft approval, and would confirm that building permits for either blocks would not be available. By copy of a letter dated March 16, 1992 to the Commissioner of Planning the applicant has been made aware of the building restrictions on Block 20 and 21 (Attachment # 1). provision would be included in the Subdivision Agreement confirming the restriction on Blocks 20 and 21. 2.2 Accordingly, it is recommended that condition number 29 be deleted and substituted by requiring that a 0.3 metre reserve be deeded to the Town of Newcastle free and clear of all ....3 !:5.30 REPORT NO. PD-105-92 PAGE 3 encumbrances along the frontage of the unopened road allowances within the plan. The creation of the 0.3 metre reserve would supplement the building restrictions on Block 20 and 21. 2.3 Hence the new condition 29 will now read as follows: "That a 0.3 metre reserve be deeded to the Town of Newcastle, free and clear of all encumbrances, along the unopened Town's road allowance abutting Blocks 20 & 21." Respectfully submitted, Recommended for presentation to the Committee o Franklin Director of Planning and Development (.........(./l .~:'::\ \. ./;) 'q >,,' I' . f) -C) d LP1 Lawrence E~ Eotseff Chief Admih~strative Officer ! HB*FW*cc Attachment # 1 - Letter: F. Wu, Director of Planning dated March 16, 1992 Key Map Plan of SUbdivision, as revised Attachment # 2 - Attachment # 3 - 27 April 1992 Interested parties decision: to be notified of Council and Committee's Neil Lucy Box 147 NEWTONVILLE, Onto LOA lJO Mrs. Mary Clarke W. Stewart Clarke Alan G. Clarke victoria Park Farm R. R. #3 PORT HOPE, Onto L1A 3V7 Michael Clarke 1669 Nash Road Box 115 COURTICE, Onto L1E lS8 " 7 . :J J 'j ATTACHMENT #1 ~fjjC~!!~ Dr. M. Michael Commissioner of Planning Region of Durham Planning Department 1615 Dundas Street East 4th Floor Lang Tower, P.O. Box 623 WHITBY, Ontario L 1 N 6A3 16 March 1992 Dear Sir; RE: DRAFT CONDITIONS OF SUBDIVISION - 18T-89007 PART LOT 1 & 2. CONCESSION 1. FORMER TOWNSHIP OF CLARKE The Durham Region Official Plan specifies that 19 residential units can be constructed on the subject lands. The availability of building permits for 'the two blocks which abut the draft plan of subdivision, would increase the number of units to be built on the lands to 21. The Region has emphasized their concern regarding the issuance of building permits on these two blocks, as' this is in direct contradiction to the Official Plan. However, after meeting with the applicant, it was apparent that the condition of draft approval to meld Blocks 20 and 21 to the property to the west is unacceptable to the applicant. The applicant wishes to keep Blocks 20 and 21 in separate ownership. A building permit could not be issued on. the blocks for two reasons which are as follows: 1) Where those blocks abut a road allowance, the Town will receive a 0.3 metre reserve as a condition of Subdivision Approval. In order to obtain a building permit, the 0.3 metre reserve would have to be lifted in order to gain access to the lands. 2) Section 6.3 g) of the Town of Newcastle Comprehensive Zoning By-law, 84-63, as amended, states that where a lot is created in accordance with the provisions of the Durham Region Officia.Lelan.-and doea...not..meeUbe..minjmum....tG~J'ea~AEbffeAtage requirements, the lot shall be deemed to be an existing non-complying lot provided that the provisions of Section 3.6 are adhered to. Section 3.6 permits the issuance of a building permit on a lot which has a lesser lot area or frontage provided that the lot was legally conveyable prior to passage of the Comprehensive Zoning By-law, 84-63. Inasmuch as the blocks 20 and 21 were not created prior to passage of the Town of Newcastle Comprehensive Zoning By-law, the issuance of a building permit would be in direct contradiction to the Town of Newcastle Zoning By-law provisions. Staff can assure the Region that without obtaining the appropriate approvals, being an Official Plan Amendment, Zoning By-law Amendment, and an entrance permit, building permits cOlJld not be issued on the two blocks. If the Region is satisfied that the above explanation represents sufficient safeguards to prohibit building on Blocks 20 and 21, please advise me and we will seek Town Council's approval to delete the condition of approval regarding melding Blocks 20 and 21 with the abutting property. '(ours truly, C\ ~.~~ Franklin Wu, M.C.I.P. Director of Planning and Development CC: Michael Clarke CORPORATION OF THE TOWN OF NEWCASTLE 40 TEMPERANCE STREET' BOW MANVILLE . ONTAR 10 . L 1 C 3A6 . (416) 623.3379 . FAX 623.4169 @ RECYClEOPN>fn ATTACHMENT #2 V#d SUBJECT SITE 10 9 8 7654:3 SEE SCHEDUl.E '11' ( NEWTONVILLE) I . -- . ...l ~:..._-., I (\J . (.) Z o (.) - z CO 0 lctZ _ ~< en au en .: IJJ (h w~ 0 Z~ Z -w 0 ...lz Zu. (.) ~o gz . ~O I-Z t;w 0 <:J: (.) wI- ~..... ;Z .1- 0 ~o:: IJ.. Z lIJ ~ o 0:: CD KEY MAP ~=7 I~ Dev. 89-50, 8T-89007 ATTACHMENT #3 g;'~' ~~/L..!!:' :~~~.h- PLA/V ( \., ~.. "'e-'" .. . lm1f' . SL/BD/V/i?/ON :'~'PF'.~ OF LOTS / ~ 8 ';.~ON~ I. ': '~IVS4IP a-=- C4..cvqKE. ~ .TOW/V OF /V.€1.Y<::::.4.S7:; '. :.:~ - , 125C> -4 ~~+.: .;~.;~.;,~:lj;; ;1 ~. ':":\'''' .... . _< _ J-". '!. 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