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HomeMy WebLinkAboutPD-106-89DN: AUSTIN Al, �,.� TOWN OF NEWCASTLE REPORT File #, b 35' e,0 Res. # : -_ -_ By -Law # MEETING: General Purpose and Administration Committee DATE: Monday April 17, 1989 REPORT #: PD- 106 -89 FILE #: LD 39/86 & DEV 87 -15 SUBJECT: AUSTIN /RILEY - 0.3 METRE RESERVE PART LOT 24, B. F. CONCESSION, TOWNSHIP OF CLARKE PREVIOUS FILES: LD 39/86 & DEV 87 -15 REQUEST FOR REMOVAL OF 01.3 METRE RESERVE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 106 -89 be received; and 2. THAT the request submitted by Mr. I. Hamilton, on behalf of the owners of the property (Austin and Riley) to permit the reconveyance of the 01.3 metre reserve, described as Part 3 1O1R 2463 be DENIED; and 3. THAT Mr. Hamilton be advised of same. 1. BACKGROUND: 1.1 On February 3, 1986, the Durham Region Land Division Committee approved LD 39/86, involving the severance of a 2.1 ha (5.18 acre) parcel of land supporting a detached dwelling from a 1019 acre farm. The land was deemed by the Committee to be excess to the farm operation. It is noted that the "farm operation" was broken into three (3) parcels, thereby comprising the total holdings of 1019 acres (see attached sketch) ...2 f} 4 -7 : 0 : 9 1 1 • 0 • ------------------------------------------------------------------------------- 1.2 The Land Division Committee imposed as a condition of approval that the appliant satisfy the requirements of the Town of Newcastle regarding the dedication of a 0.3 metre reserve along the frontage of the retained lands south of Lakeshore Road. Staff would note that the Town comments did not include a request for a 0.3 metre reserve, but rather noted that staff would have no objections to the severance should the Committee deem that the severance complies with the provisions of the Durham Regional official Plan. 1.3 The Land Division Committee application was duly approved and the 0.3 metre reserve was conveyed to the Town of Newcastle. 1.4 On March 9, 1989, a request was received by Planning Staff, as submitted by Mr. I. Hamilton requesting on behalf of his clients that the 0.3 metre reserve as previously conveyed to the Town in consideration of LD 39/86 be lifted and conveyed to his client. 2. LOCATION 2.1 The subject lands are located within part of Lot 24, B. F. Concession, former Township of Clarke, having frontage on the south side of Lakeshore Road. 3. OFFICIAL PLAN POLICIES 3.1 The most northerly portion of the subject lands is designated "Permanent Agricultural Reserve" and the southerly portion "Major Open Space - lands affected by Section 12.3.311. Within Zoning By-law 84-63 the northerly portion is appropriately zoned "Agricultural Exception (A-1)" and the southerly portion "Agricultural (A)" and "Environmental Protection (EP)II. Land Division Committee Application No. 39/86 was approved in consideration of the policies and provisions of the above noted documents. V'] 11), 1J I U a o * 3 EA 0 4.1 In consideration of the status of Lakeshore Road, being a "forced road" and the provisions of Zoning By -law 84 -63, it is Staff's understanding that the "retained lands" on the north and south side of Lakeshore Road are considered as one parcel of land (see sketch attached). 4.2 Staff has been advised by the Owner's solicitor that the lands are indeed held under one ownership and one deed. 4.3 Notwithstanding the lifting of the 0.3 Metre Reserve, Staff would note that a building permit for the lands south of Lakeshore Road could not be obtained as the parcel of land is not held under separate ownership as described on title, nor is it appropriately zoned. 4.4 The Land Division Committee, in essence, by requiring the dedication of the 0.3 Metre Reserve provided additional notice to the Owner, by its existence, that a building permit was not available. 4.5 Any further severances of the lands south of Lakeshore Road from the remainder of the farm holdings would require due consideration of the Durham Region Official Plan policies and the provisions of the Town's Zoning By -law. Durham Region Planning Staff, in its comments to the Durham Region Land Division Committee on LD 39/86, noted that they could not support any severance or rezoning of this parcel of land which is the subject of this report. (Part 1 on attached sketch) 4.6 It is Staff's opinion that there is no planning justification to remove the 0.3 Metre Reserve. If and when the applicant applies for and is successful in obtaining the necessary amendments to the Official Plan, Zoning By -law, and obtains consent approval, then the One Foot Reserve ...4 I Respectfully submitted, -------------------------- Franklin Wu, M.C.I.P. Director of Planning & Development LDT*FW*cc *Attach. April 5, 1989 Interested parties to be notified: Mr. I. Hamilton 1 Division Street P.O. Box 9 BOWMANVILLE, Ontario LlC 3K8 Recommended for presentation to the Committee --------------- La rence otseff Chief Ad in trative Officer F, ') il J L. U la N 00;99 �I Q i IN NI 'r a� •Im v I� Q I� � IQ NI 0 1c) III IL )AD ALLOW. BT CONCCCA a CONC. B.F RETAINED LANDS D 1 PART 3 z M h D1 I D 1 2'9 Ii OZ Z� %P / Heger, • O \' OR �20 ,RETAINED LANDS, PART 2 N N � O � W Q O J J ' I' II �) m -M ---cmv2mm ' RETAINEL LANDS SEVERED LANDS Lake Ontario (Surplus Dwellings) N is O ►Me: 6 RETAINED LANDS HELD UNDER OWNERSHIP AS ONE PARCEL ON ONE DEED. (PART 3, IOR -2463) 0.3 METRE RESERVE AS CONDITION OF LD.39/86