HomeMy WebLinkAboutPD-134-87
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hEETING: Council
DATE: Monday, May 11, 1987
REPORT File # ~ o-~~~~
Res. # C' ~~
By-Law #
REPOT #: PD-134-87 FILE #: LD 199 8/ 7 to LD 203/87 (Inclusive)
SUB.ECT: LAND DIVISION COMMITTEE APPLICATIONS - COLYIN
PART LOT 35, CONCESSION 2, DARLINGTON
APPEAL TO LAND DIVISION COMMITTEE CONDITIONS
FILES: LD 199/87 to LD 203/87 (INCLUSIVE)
A
RECOMMENDATIONS:
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It is respectfully recommended to O~tncil the ~folla~.ing:
1. THAT Report PD-134-87 be received; and
2. THAT in consideration of the Land Division Committee's deletion of the Town's
requirement pursuant to the provisions of Section 52(2) of the Planning Act; being a
cash payment in lieu of parkland dedication, an Appeal on behalf of the Town of
Newcastle be filed with the Secretary-Treasurer of the Land Division Committee in
respect of LD 199/87 to LD 203/87 (inclusive).
BACKGROUND AND COMMENT:
Un March 21, 1987, copies of the Land Division applications LD 199/87 to LD 203/87
(inclusive) were received by Staff for review and comment for the Land Division
Committee's consideration at their meeting of April 13, 1987.
Accordingly, comments dated April 7, 1987, consistent with Town Policies (see attached),
were provided. Within each were listed the conditions which Town Staff requested be
imposed as conditions of approval should the Committee seem it appropriate to approve the
applications.
...2
REPORT #3
TOWN OF NEWCASTLE
REPORT NO.: PD-134-87 Page 2
As noted within Staff's recommendations, Section 52(2) of the Planning
Act permits that regard may be given to the provisions of Section 50(5)
when considering the approval of a consent application. Section 50(5)
involves the dedication of land for park purposes. Alternatively,
Section 50(8) provides that the municipality, in lieu of accepting such
conveyance, may require a cash payment, by the Owner, in an amount equal to
the value of the land otherwise required to be conveyed.
Staff would note for the Committee's information that a value
representative of the 5~ cash-in-lieu payment in lieu of parkland for
similar applications in the immediate vicinity have ranged from $120.00 to
`err $155.00 per lot. Staff accordingly, would suggest that a similar value
would be applied to Mr. Colvin's six (6) lots resulting in a payment of
between $720.00 and $930.00.
In reviewing the minutes of the Land Division Committee meeting, Staff
would note that the condition in respect of cash-in-lieu payment to the
* Town of Newcastle was excluded (see attached), presumably in consideration
of the Town's request for gratuitous dedication of the valleylands which was
granted by the Committee.
Staff in consideration of same, and as noted within the recommendations
`'~Ir• of this report, would support the filing of an appeal in respect of LD
199/87 to LU 203/87 (inclusive). Should the Committee and Council deem
it appropriate, Staff will proceed with the necessary appeal.
Respectfully submitted,
war s,
Director of Planning
Recommended for presentation
to the Committee
yawrence t. Kotsett
Chief A ministrative Officer
LUT*TTE*jip
*Attach.
April 28, 1987
CORPORATION OF THE TOWN OF NEWCASTLE
40 TEMPERANCE STREET
BOWMANVILLE, ONTARIO
LiC3A6 TELEPHONE 623-3379
CUhiMENTS TO LAND DIVISION COMMITTEE ON CONSENT APPLICATION FOR THE MEETING
OF APRIL 13, 1987
Application Nos.: LD 199/87 to LD 203/87 (Inclusive)
Applicant: L. ~ E. COLVIN
Location: Part Lot 35, Concession 2, Darlington
Proposed Use: Residential - Five (5) Lots
CONFORMITY WITH OFFICIAL PLAN:
e su 3ect an s are oca a within the "Residential" designation within the
Courtice Urban Area Official Plan. Residential dwellings shall be the predominant
use permitted on lands so designated.
Additionally, it is noted that the rear portion of the "retained lands" as
identified on the applications is located within the "Major Open Space System"
with "Hazard Lands" designation.
Furthermore, Section 16.9.10 within the Regional Official Plan would permit the
land assembly for a future Plan of Subdivision provided that their is an overall
plan indicating the approximate extent of the land assembly and provisions for
future access. Staff would note for the Committee's information that the Plan of
Subdivision lOM-781 immediately to they'west of the subject lands, provides the
necessary access for the development o~ said applications.
CONFORMITY WITH ZONING BY-LAW:
~t ~n y- aw - it is no ed that applications LD 199/87, LD 200/87, LO
201/87 are located within the "Urban Residential Type One (R1)" zone while
applications LD 202/87 and LO 203/87 are located within the "Holding - Urban
Residential Type One ((H)R1)" zone.
The subject lands would appear to comply with the appropriate provisions of the
"R1" zone in consideration of the recommendations below.
Should the Committee deem it appropriate to approve the applications, Staff would
request that such approval be conditional upon the following items:
1. a rezoning application to have the "(H)-Holding" symbol removed, be submitted
by the applicant and receive final and binding approval. It is noted that
the removal of the "Holding" symbol pertains to applications LD 202/87 and LD
203/87 and the "retained lands" of LO 203/87.
...2
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Application Nos.: LO 199/87 to LO 203/87 (Inclusive)
Applicant: L. & E. COLYIN
Page 2
2. the applicant shall provide payment to the Town of Newcastle of the
appropriate lot development charges.
3. the applicant shall provide a cash contribution of $125.00 per lot
(application) for the construction of sidewalks.
4. the applicant shall provide a cash payment to the Town of Newcastle in lieu
of parkland dedication.
5. the 0.3 Metre Reserve shown as Block 78 on Plan lOM-781 shall be lifted to
the satisfaction of the Director of Public Works.
6. the applicant shall provide a cash payment to the Town of Newcastle in
respect of frontage charges for each application.
7. that any easements required by the Town be granted free and clear of all
encumbrances.
8. that in consideration of By-law 79-69, being a By-law to adopt a policy in
respect of the gratuitous dedication of valleylands associated with the Black
and Farewell Creek systems in the Courtice Urban Area; the "retained lands"
as illustrated on the Land Division applications be amended as shown on the
attached, and that portion so amended, be dedicated to the Town of Newcastle
free and clear of all encumbrances.
9. the applicant shall restore the boulevard works along Darlington Boulevard
abutting said lands to the satisfaction of the Director of Public Works.
""'-,
10. the applicant shall have prepared, .for the proposed lots, a Master Lot
Grading Plan, to the satisfaction of the Director of Public Works.
11. that the following clauses be registered on title of each lot and included
within any Agreement of Purchase and Sale of said lot:
"i) Prior to the issuance of a building permit, the applicant/owner of said
lot(s) shall submit a site plan as verified to the satisfaction of the
Director of Public Works that the final grades of the respective lot(s)
is appropriate for the building(s) proposed to be constructed and that
the grading of the lot and proposed access conforms to the approved iot
grading plan and the Town's Design Criteria and Standard Detail
Drawings.
ii) The applicant/owner of said lot(s) shall be responsible for providing
and maintaining adequate drain age of surface waters from such lot in
accordance with the approved lot grading and drain age plan.
iii) The applicant/owner shall provide within one {1) year of occupancy,
written certification to the satisfaction of the Director of Public
Works, that said building conforms to the lot grading and drain age
plan."~
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Application Nos.: LO 199/87 to LO 203/87 (Inclusive)
Applicant: L. & E. COLYIN
Page 3
In acknowledgement of the concerns raised by an adjacent property owner, by letter
to the Committee dated March 24, 1987, Staff would note that any fencing/screening
would be required to comply with the provisions of By-law 84-63. The Town of
Newcastle Works Department in reviewing the concerns have noted that any
structures ar to be located on private property.
T.F. Chadder
Current Operations Planner
LOT*TFC*j i p
April 7, 1987
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M I N U T E S & D E C I S I O N S
DURHAM LAND DIVISION COMMITTEE
As per The Planning Act 1983
The Durham Act
and in accordance with the Provincial Rules of Procedure
CONSENT APPLICATION heard on Mon, 13 Apr 1987
LD 199/87 Submission B 196/87
Owner .......... L. & E. Colvin
Location ......: Part Lot 35, Concession 2
Town of Newcastle
(Darlington)
Municipality ..: Town of Newcastle
Consent to sever a residential building lot of
549 m2 from a 1.36 ha property.
Applications LD 199/87 through to LD 203/87, inclusive, are to be
heard in conjunction.
*,
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Mr. Colvin was present on behalf~of these applications.
No further representation was present in favour or opposed to the
applications.
Mr. Colvin advised that he had frontage on Darlington Blvd. and
Foxhunt Trail.
He pointed out that the Town of Newcastle was asking for a dedication
of valleylands (approx. 4 acres) and also for a 5$ cash in lieu of
parkland, Mr. Colvin felt this was unfair.
The Committee noted that a letter was received from Mrs. A. Cowman
requesting adequate screening on Darlington Blvd.
The Committee had for information purposes reports received from the
Central Lake Ontario Conservation Authority, the Regional Works
Department, the Corporation of the Town of Newcastle and the Regional
Planning Department. All the above written comments from the agencies
were handed to the applicant.
DECISION OF THE COMMITTEE
-------------------------
MOVED S. Vogl Blakelock SECONDED K. Gadsden
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That application LD 199/87 be approved as applied for, subject to:
1/ That the applicant satisfy all the requirements of the Regional
Municipality of Durham concerning the provision of Regional services,
financially and otherwise.
2/ That the rezoning application be approved and in effect prior to
consent being released.
3/ The applicant provide payment to the Town of Newcastle of the
appropriate lot development charges.
4/ The applicant provide a cash contribution of $125.00 per lot for
the construction of sidewalks.
5/ The 0.3 metre reserve shown as Block 78 on Plan 10M-781 be lifted
to the .satisfaction of the Director of Public Works.
6/ The applicant shall provide a cash payment to the Town of
Newcastle in respect of frontage charges for each application.
7/ That any easements required by the Town of Newcastle be granted
free and clear of encumbrances.
8/ That the applicant deed free ";and clear of all encumbrances the
valley lands to the satisfaction~of the Town of Newcastle.
9/ That the applicant restore the boulevard works along Darlington
Blvd. abutting said lands to the satisfaction of the Director of
Public Works.
10/ That the applicant shall have prepared, for the proposed lots, a
Master Lot Grading Plan, to the satisfaction of the Director of Public
Works.
11/ That clauses be registered on title of each lot regarding drainage
and grading to the satisfaction of the Town of Newcastle.
12/ That the applicant submit two copies of a registered reference
plan on the subject parcel for the clearance of documents.
13/ That The above conditions must be fulfilled by Fri, 22 Apr 1988
or this consent shall thereupon be deemed to be refused.
14/ This consent shall expire on Mon, 23 May 1988.
15/ That prior to the signing of the certificate given by the
Secretary/Treasurer that the consent has been given, the
Secretary/Treasurer is to be advised in writing by the Regional
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Municipality of Durham Works Department that condition #1 has been
carried out to its satisfaction.
16/ That prior to the signing of the certificate given by the
Secretary/Treasurer that the consent has been given, the
Secretary/Treasurer is to be advised in writing by the
Town of Newcastle that conditions #2 to #11 have been carried out to
its satisfaction.
CARRIED
Signed Mon, 13 Apr 1987 by all members
present and concurring in this Decision
G. Johnson
Chairman
K. Gadsden
G. Wandless
L. Smith
K. Rynard D. Gibson
n
s Sec./Treas.
Last Date of Appeal of this Decision
or any of the conditions contained therein
Last Date for fulfilling Conditions
Expiry Date of Application
S. Vogl Blakelock
Vice Chairman
Absent W. Allin
Wed, 13 May 1987
Fri, 22 Apr 1988
Mon, 23 May 1988
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