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HomeMy WebLinkAbout74-36EP(3 MUNICIPAL PLANNING CONSULTANTS CO. LTD, May 23, 1974 400 Mount Pleasant Road, Toronto, Ont. PNz 4440 -4 TOWN OF NEWCASTLE Consultants' Report No. 4 BOWTOWN DEVELOPMENT CONDOMINIUM DEVELOPMENT BOWMANVILLE 1. TERMS OF REFERENCE On April 22, 1974, we received a letter from Mr. Howden in- structing .Municipal Planning Consultants Co. Ltd. to proceed with the Bowtown Court Development with regard to: a) Finalizing the site plan in consultation with the Appli- cant and Mr. Howden; b) Drafting a site plan amendment to the Zoning By -law in- corporating provisions for an agreement under the terms of Section 35A of The Planning Act; and C) Drafting an agreement as required in the By -law. 2, SITE PLAN The site plan has been finalized with the Applicant and Mr. Howden with improvements being made to the density, open space areas, alignment of roadways, emergency access routes, pedestrian pathways, snowpiling and garbage collection. As the Developer is completely willing to sign a Condominium Agreement, including a Site Plan, and register the Agreement against the title of the land, we can see no reason for proceeding with a Site Plan Amendment to the Zoning By -law as the By -law and Agree- ment will both ensure the same end - the development occurring in a manner acceptable to the Town. 3. SECTION 35(a) In the past, municipalities did not have the right to enter into agreements with developers who were going to redevelop or (1) develop lands where a rezoning or registered plan were not required, such as the development of townhouses on land already designated and zoned for such use. If the proposed use met the minimum or maximum requirements as set out in the Official Plan or Zoning By -law, the municipality had nothing to "hold over" the developer to persuade him to enter into special agreements for such things as payment for ser- vices, parkland dedication, easement rights, etc. Section 35(a) allows a municipality to pass a by -law prohibiting or requiring the provision, maintenance and use of such things as proper lanes, driveways, parking areas, pedestrian routes, how snow is to be removed, proper drainage precautions, adequate landscaping and buffering, how garbage collection is to be handled, easements, the siting and elevation of the buildings, etc. In addition, the amend- ment allows for authorizing who will be responsible for the expenses involved, and that building permits not be issued until agreements have been reached and registered against the land. Another important feature of the recent amendment to Section 35 is that the municipality may pass a by -law requiring 5% of the land be for public park purposes, or up to one acre per 120 dwelling units. The existing Zoning By -law should be amended to incorporate Sec- tions 35(a) and 35(b) in order that the municipality may enter into proper agreements with developers in the future. We have provided a copy of what we consider a suitable amending by -law. 4. CONDOMINIUM AGREEMENT The Municipality may enter into a Condominium Agreement with the developer, comparable to a subdivision agreement, which would require whatever reasonable controls upon building standards the Municipality wishes to apply. Such an agreement could be secured by a Bond or other suitable financial securities and could also contain provisions for the collection of the costs of Municipal inspection of services from the developer, as is the case of a Subdivision Agreement. We have also provided a copy of what we would consider a suitable Condominium Agreement modelled after the Bowmanville Subdividers Agree- ment making changes where necessary. Enclosed is a copy of a flow chart indicating the order of pro- cedure for processing a condominium development. You will notice that the recommended time for making an Agreement is after the draft condominium plan receives draft approval from the Ministry of Housing. (2) It is advisable to delay making the Agreement until this time as the Ministry of Housing may make conditions which should be included or to make one of the conditions of the Condominium Agreement be that the Developers agree to comply with any conditions imposed by the Ministry of Housing. Respectfully submitted, MUNICIPAL PLANNING CONSULTANTS CO. LTD., t' (Ms.) Jean W. Monteith, B.E.S. JWM /len } Phase 1 N 3 4 5 6 7 8 9 10 PATH OF CONDOMINIUM FROM PROJECT INITIATION TO REGISTRATION PROJECT INITIATION Surveyor Developer Solicitor MINISTRY OF HOUSING DRAFT APPROVAL AGREEMENT BETWEEN DEVELOPER AND MUNICIPALITY UNIT BOUNDARY DECISIONS C.T.A. OR LAND TITLES 1st APPLICATION ICONDOMINIUM COMPILATION VERIFY CONDOMINIUM COMPILATION PLANS EXAMINER OF SURVEYS PLANS ACCEPTABLE? Guarantee of underlying title Compile from Structural plans Building construction completed TO SURVEYOR NO FOR REVISION AND RESUBMISSION TO EXAMINER YES 4 MINISTRY OF HOUSING APPROVAL LEXAMINER OF SURVEYS APPROVAL REGISTRATION Draft May 23, 1974 THE CORPORATION OF THE TOWN OF NEWCASTLE BY -LAW NUMBER A By -law to amend By -law Number 1587 Of the Former Town of Bowmanville WHEREAS the Municipal Council of the Corporation of the Town of New- castle deems it advisable to amend By -law Number 1587, as amended. NOW THEREFORE the Municipal Council of the Corporation of the Town of Newcastle ENACTS as follows: 1. That Section 7 of By -law No. 1587 is hereby amended by adding the following new subsection 22: "7.22 DEVELOPMENT OR REDEVELOPMENT OF LAND (a) General Conditions: As a condition of development or redevelopment of land or buildings in the former Town of Bowmanville, the Town of Newcastle may prohibit or require the provi- sion, maintenance and use of the following facilities and matters or any of them and may regulate the main- tenance and use of such facilities and matters: (i) Widenings of highways that abut on the land that is being developed or redeveloped. (ii) Subject to The Public Transportation and Highway Improvement Act, R.S.O. 1970, facilities to pro- vide access to and from the land such as access ramps and curbings including the number, location and size of such facilities and the direction of traffic thereon. (iii) Off- street vehicular parking and loading areas and access driveways, including the surfacing of such areas and driveways. (i) (iv) Walkways and all other means of pedestrian ac- cess. (v) Removal of snow from access ramps, driveways, parking areas and walkways. (vi) Grading or change in elevation or contour of the land and the disposal of storm, surface and waste water from the land and from any buildings or structures thereon. (vii) Conveyance to the municipality, without cost, of easements required for the construction, mainten- ance or improvement of any existing or newly re- quired watercourses, ditches, land drainage works and sanitary sewerage facilities on the land. (viii) Floodlighting of the land or of any buildings or structures thereon. (ix) Walls, fences, hedges, trees, shrubs or other suit- able groundcover to provide adequate landscaping of the land or protection to adjoining lands. (x) Vaults, central storage and collection areas and other facilities and enclosures as may be required for the storage of garbage and other waste material. (xi) Plans showing the location of all buildings and structures to be erected on the land and the lo- cation of the other facilities required by the By- law. (xii) Perspective drawings and plans showing building elevations and cross sections of industrial and commercial buildings and residential buildings containing twenty -five or more dwelling units. However, the height and density of buildings, as set out elsewhere in this By -law, shall apply. (b) Expense: Provided further that facilities and matters required shall be provided and maintained by the owner of the land at his sole risk and expense and to the satisfaction of 'the municipality and that in default thereof, the pro- visions of Section 469 of The Municipal Act shall apply. (ii) (c) Building Permits: The issuance of building permits may be prohibited until the plans have been approved by the municipality and until the Agreements have been entered into. (d) Registration of Agreements: Any Agreements entered into, as referred to above, may be registered against the land to which it applies and the municipality is entitled to enforce the provisions thereof against the owner and, subject to the provisions of The Registry Act and The Land Titles Act, R.S.O. 1970, any and all subsequent owners of the land. (e) Residential: As a condition of development or redevelopment of land for residential purposes, the Council may require that land in an amount not exceeding S percent of the land proposed for development or redevelopment be conveyed to the Town for park purposes or may require that land be conveyed at a rate of one acre per 120 dwelling units." 2. This By -law shall become effective on the date hereof subject to re- ceiving the approval of the Ontario Municipal Board. THIS BY -LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED ON THE DAY OF , A.D., 197 0 (SEAL) (iii) Mayor Clerk FA REPORT NO. 1 REPORT ON REZONING APPLICATION FOR BRUNO & VINCENT GRECO Pt. Lot 309 Cone III of Darlington and �o"osed Colrtice Development Area 3 1. Proposals This is a proposal to rezone from Deferred Residential "D" to 1IR3" a small parcel of land on the east side of Road 15 N. in the Courtice area to permit an additional dwelling. 2. Official Plans and Zonings At the present time the applicants area conforms to the approved Official Plan for the Township of Darlington, but will not meet all the residential requirements of Deferred Residential Zone. In the Deferred Residential Zone, a minimum of 150 ft. of frontage is required but should the proposed rezoning be approved the minimum frontage would be lowered to 80 ft. permitting an additional dwelling on the land if a severance were granted. If the property were divided evenly into two lots the side yard requirement of 20 ft. minimum from any building to the lot line would not be met in respect to the existing garage. 3. Other Comments We have processed a number of applications for severances in the Courtice area since the beginning of the year and this rezoning application would have to be followed up with a severance application before an additional house could be built. This application is typical of most of those received in this area. That is it proposes development on a long relatively narrow lot fronting on what could become a major urban road when and if the area is developed for