Loading...
HomeMy WebLinkAboutPD-201-84 4 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1J0 TEL.(416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF DECEMBER 17, 1984 REPORT NO. : PD-201-84 SUBJECT: LD 71/84 and LD 72/84 PT.LT. 29, CONC. 4, FORMER TWP. OF DARLINGTON ONTARIO MUNICIPAL BOARD HEARING RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following : 1 . That Report PD-201-84 be received; and 2. That Staff take no further action relative to decisions LD 71/84 and LD 72/84. I i i1 REPORT NO. : PD-201-84 Page 2 BACKGROUND AND COMMENTS: Applications LD 71 /84 and LD 72/84 were received by Staff for review on February 6, 1984. The purpose of the applications as noted on the application forms was "to adjust boundary lines , giving land-locked rear lands access." The comments prepared by Staff, to the Land Division Committee dealing with conformity to Official Plan policies , were as follows : CONFORMITY WITH OFFICIAL PLAN "The subject lands are designated "Permanent Agricultural Reserve" and "Environmentally Sensitive" by the Region of Durham Official Plan. The Regional Plan stipulates that the predominant use of lands under the Permanent Agricultural Reserve landuse designation shall be for agricultural and farm-related purposes. The proposed boundary realignment would create a situation whereby the applicant could possibly obtain building permits for two (2) separate single family dwellings instead of the present situation of possibly receiving one building permit. As a result, the applicant would be using the separate parcels of land for non-farm related residential purposes. Staff' s general interpretation of a request for a boundary realignment would apply in a situation whereby no additional building lots are being created as a result of such severance and generally, where an applicant is wanting to enlarge an existing agricultural or residential parcel of land having an existing structure located theron. With respect to frontage requirements, Staff note that the present 7.8 acre parcel of land is fronting on a Type 'A' arterial road, Regional Road No. 34, which at present, provides for the possibility of limiting the number of access points to one (1 ) . The approval of applications LD 71/84 and LD 72/84 thereby creating an additional building lot and having frontage on Regional Road No. 34 would be in conflict with Section 16.9.11 of the Regional Official Plan which stipulates that the creation of lots fronting on arterial roads shall be discouraged. In addition, Section 13.2.14 of the Regional Plan stipulates that a maximum number of private accesses onto a Type 'A' arterial road shall be limited to two (2) access points per side per mile ...3 i I REPORT NO. : PD-201-84 Page 3 in rural areas. Staff note that Registered Plan 637 (registered in 1954) consists of eleven (11 ) single family dwellings which abutt the lands in question, having individual accesses on to Regional Road No. 34. Since the proposed boundary realignment would ultimately create an additional building lot in a "Permanent Agricultural Reserve" landuse designation , Staff do not consider the subject application to be in conformity with the policies of the Region of Durham Official Plan. We note that the application has been forwarded to the Regional Planning Staff for review. Where there is a conflict regarding interpretation of the Official Plan, the Regional Planning Staff' s comments shall prevail ." i It was also noted that the subject lands are located in the vicinity of Farewell Creek and that there is a large portion of the designated floodlands on the parcels of land involved with this application. In that regard, confirmation from the Central Lake Ontario Conservation Authority, the Ministry of Natural Resources and the Durham Regional Health Unit , on whether or not buildings would be restricted in this particular area, was requested. i Staff would note that the Central Lake Ontario Conservation Authority in reviewing the application noted, that in consideration of their policies and regulations , the Conservation Authority could not support the approval of applications LD 71/84 and LD 72/84. Staff recommendations within the Land Division comments noted denial due to the non-conformity with the Region of Durham Official Plan policies. . . .4 REPORT NO. : PD-201-84 Page 4 The Land Division Committee, at their February 27, 1984, moved "That application LD 71 /84 and LD 72/84 be tabled for two (2) months to enable the applicants to contact the Town of Newcastle Planning Department, the Region of Durham Planning Department and the Central Lake Ontario Conservation Authority." Subsequently, at the Land Division meeting held on April 16, 1984, applications LD 71/84 and LD 72/84 were tabled for a further two (2) month period at the request of the applicant' s solicitor, at which time a decision would be made. The above-noted applications were scheduled to be heard at the June 25, 1984 Land Division Committee meeting. Mr. Laskowsky, Solicitor, on behalf of the applicants, advised Committee that the application dealt with an abnormal situation and that the children of Mr. V. Coscarella owned a land-locked parcel and wished to adjust the lot lines between their property and their father's, in order to have access to their property. The Committee noted that part of the lands was Hazard Lands , as such the creation of a new building lot did not conform with the Durham Regional Official Plan. The Committee moved "That applications LD 71 /84 and LD 72/84 be denied as such would not conform to the policies of the Durham Regional Official Plan". The decisions of the Land Division Committee have been appealed by the applicants. Notice of a hearing date has been received from the Ontario Municipal Board - January 21 , 1985. Following discussions with Regional personnel , it is Staff's understanding that the Region of Durham will be in attendance at the hearing in defence of the Regional Official Policies. Furthermore, it is Staff's understanding that the Region has requested the Conservation Authority's ...5 REPORT NO. : PD-201-84 Page 5 attendance in support of the Official Plan policies and the environmental aspects of the property. Staff would note for Committee' s information that, following the decision of the Land Division Committee, Zoning By-law 84-63 wa approved. No objections to the zoning ("A-1 "-Agricultural Exception (A-1 ) Zone) proposed and approved, pertaining to the subject lands, was received pursuant to the circulation of By-law 84-63. Section 6.2(a) - Regulations for residential uses states . ...residential buildings and structures on lots which are created by severance in accordance with Durham Regional Official Plan, shall comply with the zone requirements set out in Section 9.2 (Residential Hamlet). Staff would note that the subject lands would comply with the provisions of Section 9.2. Accordingly, it is Staff' s opinion that Staff's preparing for and appearance at such a hearing would not be warranted in consideration of the Region's position re: the Official Plan and policies thereof. Respectful d, ° T.T. Edwards, M.C.I.P. r Director of Planning LDT*TTE*jip December 5, 1984 i AREA OF PROPOSED SITE LOT LOT LOT, LOT LOT LOT LOT LOT LOT LOT LOT LOT 35 34 33 32 31 30 29 28 27 26 25 24 to 'Ad Ad ' EP I I i 44 A REGI NAL N�4 RC ; ' C61 (n r SEE I SCHEDULE 16' o d I (MITCHELLS CORNERS) 0 I I 1 E IA-� , , Z^ A ; w I i EP z ' i EP I I 1 I X tNn o I n I I W` Ov I I i EF U A-8 I EP A I A EP I I I A I i t I A ' 1 ' 1 I M Z A-5 O I v � ' M ; f I SEE �v i EPi SCHEDULE 14, �A (COURTICE) 1 A 2 IOOOm KAY MAP �„ ,00 i