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Home My WebLink AboutPD-242-87...,»~„ _,,,.r._ ,,,,,u TOWN OF NEWCASTLE DN: 242-87 'rb~ REPORT File #~• ~~~.=~_- Res. # By-Law # STING: General Purpose and Administration Committee ~~~ Monday, October 5, 1987 REPORT #° PiL242-$7 FILE #° r•n~.33,L8~and LD 534/87 SUB.~CT: LAND DIVISION COMMITTEE APPLICATIONS LD 533/87 AND LD 534/87 (APPLICANT: GREG GABOURIE) PART LOT 35, CONCESSION 3, FORMER TWP. OF DARLINGTON SOUTHEAST CORNER OF LAWSON ROAD AND TOWNLINE ROAD RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-242-87 be received; and 2. THAT the recommendations as submitted to the Land Division Committee on Consent Applications LD 533/87 and LD 534/87 be confirmed; and 3. THAT Mr. & Mrs. Gabourie be so advised. BACKGROUND AND COMMENT: On September 3, 1987 Staff received the attached request for waiving of the Town's 5~ cash-in-lieu of parkland dedication for land division applications LD 533/87 and LD 534/87 as submitted by P9r. Gabourie to the Land Division Committee and considered on August 10, 1987. In consideration of same, the following comments were submitted for the Land Division Committee's consideration: ...2 y~e~ REPORT NO.: PD-2~2-87 PAGE 2 "COMMENTS TO LAND DIVISION COMMITTEE ON CONSENT APPLICATION FOR MEETING OF AUGUST 10, 1987 APPLICATION NO.: LD 533/87 AND LD 53+/87 APPLICANT: GREG GABOURIE LOCATION: Pt.Lt. 35, Concession 3, Darlington PROPOSED USE: One (1) Residential Lot CONFORMITY WITH OFFICIAL PLAN PROVISIONS: The subject lands are located within the "Residential" designation within the Courtice Urban Area Official Plan. Section 8.1.3.1 permits residential development as infilling prior to the availability of full municipal services. CONFORMITY WITH ZONING BY-LAWS: The subject lands are zoned "Urban Residential Type One - Special Exception Seventeen (R1-17)" within the Town of Newcastle's Comprehensive Zoning By-law 8~-63, as amended. The proposed use and aproposed lots appear to conform with the provisions in the By-law. Section 12.3 withie~ Zoning By-law 84-63 states: "12.3 MUNICIPAL SERVICING REQUIREMENT a. No building or structure may be erected and no use may be established in the Urban Residential Type One (R1) zone unless the lot upon which it is situated is serviced by municipal sewage and water systems which have sufficient capacity to accommodate the proposed use. b. Subsection a. above does not apply to prevent the erection of a building or structure accessory to any use permitted in this zone which existed legally on the date of passing of this by-law. c. Subsection a. above does not apply to parevent the erection of a dwelling on a lot which existed prior to the date of passing of this By-law or which has abeen created by consent, provided that soil and groundwater conditions are suitable for the installation of individual services provided a Servicing Agreement has been executed with the Regional Municipality of Durham and provided that all other zone requirements are complied with." The Town of Newcastle Public Works Department, in reviewing the present applications and the previously approved Rezoning Application (DEV 85-~6), requested the following: 1. the Owner prepares a lot grading and drainage plan for the subject lots, ...3 ~cb) REPORT NO.: PD-242-87 PAGE 3 2. the Owner provides, at his expense, the cost of any ditching on Lawson Road that may be necessitated as a result of the grading and drainage plan. 3. the Owner contributes to the reconstruction of Lawson Road in accordance with Town Policy for the frontage of said lots on Lawson Road. 4. the Owner provides street illumination for the proposed lots to the satisfaction of the Director of Public Works. 5. all works constructed are in accordance with the Town's Design Criteria and Standard Drawings. Should the Committee deem it appropriate to approve these applications, Staff would have no objection to the approval, but would request that as conditions of approval, the applicant be required to: F 1. pay to the Town the appropriate lot development charges; 2. pay to the Town 5~ cash-in-lieu of parkland dedication fee; 3. satisfy the Town of Newcastle Public Works Department in respect to the above-noted concerns. Staff would note that as illustrated on the applications forms, a Regional Road dedication and site triangle are requested. It is anticipated that the comments of the Regional Works Department will reflect these concerns." The minutes of the Land Division Committee Meeting of August 10, 1987 indicate that the Committee had, for their information purposes, reports received from the Regional Planning Department, the Regional Works Department, Central Lake Ontario Conservation Authority, the Department of Health Services, and the Town of Newcastle. All the above written comments from the agencies were provided to the applicant. A motion of the Committee was approved to the effect that Applications LD 533/87 and LD 534/87 be tabled for a period of One (1) year at the request of the applicant. It is noted for the Committee's information that the comments as provided for the Land Division Committee's consideration are consistent with the comments as provided for applications located within Residential Clusters, Hamlets, and/or urban limits. Staff would draw to Committee's attention, as an example, the Rezoning Application and Land Division Committee Application submitted by Rolf Friedrichs (DEV 86-50) within which, as a condition of approval, the applicant was required to: ...3 ~~b~ REPORT NO.: PD-242-87 PAGE 4 1. have the Rezoning Application completed and be final and binding. 2. pay the appropriate lot development charges for each lot. 3. pay 5~ cash-in-lieu of parkland charge. 4. dedicate to the Town, free and clear of all encumbrances, a road widening of 3.05 metres along the Nash Road frontage and a 4.5 metre x 12.0 metre site triangle. 5. pay cash contributions for the road construction cost of Nash Road in accordance with Town Policy. 6. provide the Planning Department with a copy of the deposited plan. Additionally Staff would note that Land Division Applications LD 199/87 to LD 203/87 (inclusive) (Colvin) located within the Courtice Urban Area, included as condition of approval, the appropriate 5~ cash-in-lieu payment. As Committee may recall, the Land Division Committee did not include within the conditions of approval, the Town's request for the 5~ cash-in-lieu payment. To that end, Committee and Council endorsed an appeal to the Land Division Committee decision in consideration of the Land Division Committee's deletion of the Town's requirement pursuant to the provisions of Section 50(2) of the Planning Act, being a cash payment in lieu of parkland dedication. In consideration of the Land Division Committee's tabling of the application, a written request has been submitted by the applicant asking Council's consideration for the waiving of the 5~ cash-in-lieu requirement. As noted within Staff's recommendations to the Land Division Committee, Section 52(2) 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. It is Staff's position that the recommendations contained within the Land Division Committee applications are consistent with Town Policy and the provisions of the Planning Act. The funds that the municipality receives through Land Division Committee applications is appropriately used to provide the recreational facilities and amenities related ...5 ~cb) REPORT NO.: PD-242-87 PAGE 5 thereto for the use of the residents of the Town of Newcastle. In consideration of the above-noted comments, Staff are not in a position to support the applicant's request for the waiving of the 5~ cash-in-lieu requirements. LDT~TTE~jip Attach. September 21, 1987 Applicant: Mr. & Mrs. Greg Gabourie 30 Hills Road AJAX, Ontario L1S 2W4 Recommended for presentation to the Committee E~ ~, ~;% ~ ~L~awrenee ~ ~ ~ otseff Chief A i•i trative Officer r ~~~~ 30 Hills Road Ajax Ontario L1S 2W4 (phone: 683-1975) August 31, 1987 Mr. Terry Edwards Director oL Planning Town of Newcastle Municipal Offices Hampton, On LOB 1J0 Dear Terry: ~,~ ~ `~` ~~ 5FP ~ 1987 r~~~ QF r~~°~;c~~r~~ PLANNING D~~~'gRr;14cNT Subject: Appl'n LD533/87 and LD534/87 Pt Lt 35, Conc 3, Darlington Corner Lawson Rd & Townline Rd Comments were made from your Department to the "Land Division Committee" for the August 10/87 meeting. Due to the fact that we had no knowledge of your comments, or those of the Region, prior to arriving at that meeting -- and because we are concerned about a few issues therein, we had the subject applications tabled. We are not satisfied with your fee of 5o cash-in-lieu of parkland dedication, and request that you ask Council for direction not to include this fee. In 1953-54 a strip of land along Lawson Road was conveyed from my father to the Town for road widening, as an outright gift. This represented over 7% of the total parcel, and was some 18 feet for the widening of Lawson Road. We understand that your lot levi~.s we will be asked to pay are for future possible reconstruction of Lawson Road, when about one-half of that road is land my father already gave the Town: yob) Mr. Terry Edwards Town of Newcastle - 2 - August 31, 1987 It is our feeling that we have been more than generous already, and we would appreciate it if Council would con- sider waiving the 5o park fee, considering the past history of this parcel of land. Yours ~,ery truly, Grea and Sandra Gabourie cc: Ann Cowman P.S.--You will also recall that the large parcel of land we own (also Pt Lt 35, Conc 3; 12,1 acres) includes a vast amount of "protected" land because of the Harmony Creek. We estimate in excess of 250 of that parce l will be given up as park land. C~~ SUBJECT LANDS LOT 35 LOT 34 LOT 33 l l ,. ,. M II ~ ~ 'A A it _o P RE I I . Fi£ 4 ~ ----- W - -- U 1~4WSON ROAD O (H)RI EP ~~- U 1 11 R1 L R1 EP RI , ~~ ~, ~ a cH~R~ R2 R2 ~ A a° o w ~ Q J w ~ ~ m-~~ a°c ~ ~ z o >- 3 w ~ ~ }.. 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