HomeMy WebLinkAboutPD-233-86 TOWN OF NEWCASTLE
s REPORT File #
r} l
Res.
By-Law #
MEETING: General Purpose and Administration Committee
DATE: Monday, October 6,1986
REPORT #: PD-233-86 FILE #: 18T-76021
SUBJECT: EXTENSION OF DRAFT APPROVAL - GUJDA SUBDIVISION
PART OF LOT 28, CONCESSION 1, NEWCASTLE VILLAGE
OUR FILE: 18T-76021
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-233-86 be received; and
2. THAT the Ministry of Municipal Affairs and Housing be advised that the Town of
Newcastle has no objection to the extension of draft approval for Subdivision
18T-76021 for a further one (1 ) year period to December 30, 1987.
BACKGROUND ANU COMMENT:
On September 22, 1986, the Planning Department received a copy of a letter (attached) from
the Ministry of Municipal Affairs and Housing addressed to Mr. Greg Mitchell of Matthews
Group. The letter indicated that the draft plan approval of Subdivision 18T-76021 would
lapse on December 30, 1986 unless an extension to said approval is obtained prior to the
expiry date.
As Council may recall , on May 12, 1986, Council approved Resolution #GPA-461-86 requesting
Staff review and report on the procedure for extending draft plans. In that regard, when
a Plan of Subdivision is submitted for consideration, the various authorities; one being
the Town of Newcastle, in reviewing the proposal provide, where applicable, a
recommendation for approval and a list of draft conditions for the consideration of the
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REPORT NO.: PD-233-86 Page 2
approving authority, be it the Ministry of Municipal Affairs or the Region
of Durham. Should draft approval be subsequently issued, conditions of
approval are to be carried out prior to the expiry date, in this particular
case (18T-76021), the original approval was for three (3) years from the
date of issuance. Staff would note the conditions as issued by the Town for
approval are consistent with the Town' s policies and criteria as evaluated
at the time of submission of the draft plan of subdivision.
by advising the approving authority, in writing (Ministry of Municipal
Affairs) , that the conditions of approval could not be met prior to the
expiry date, the applicant requests an extension to the draft approval .
Staff in reviewing the request would, upon conferring with the appropriate
Town Departments, re-evaluate the conditions of draft approval to ensure
conformity with the present policies of the Town , or the need to add
conditions to any extension. Staff would note, by way of example, the
question of parkland dedication requested through draft approval . Staff, in
considering same, would review the relevancy of the condition of approval in
the context of present policies; i .e. the submission of a park plan
illustrating landscaping, plantings, grading and any park facilities that
need to be provided. Additionally, Staff in reviewing each draft extension
request, would review all relevant Official Plans and Neighbourhood Plans to
ensure continued conformity. Should a concern be raised or a change
identified as appropriate, Staff would, through Committee and Council ,
request consideration for a revision of the original draft conditions of
approval . As Committee may recall , draft extensions in the past have been
requested for numerous reasons. i .e. economic times, cost of services,
public awareness, housing market conditions etc.
Staff, in reviewing an application are, however, primarily concerned with
the status of the previously imposed conditions of approval relative to the
current policies and criteria used by Staff in evaluating Plans of
Subdivision.
. . .3
REPORT NO.: PD-233-86 Page 3
In this instance, after reviewing the draft extension , as requested, and the
present conditions of draft approval , Staff see no need for change and
accordingly, would have no objection to the extension of same for a further
period of one (1) year to December 30, 1987.
Respect tted,
l
.T. Edwards, M.C.I.P.
Director of Planning
LDT*TTE*j ip
*Attach.
September 22, 1986
cc: Mr. Greg Mitchell
Matthews Group
201 City Centre Drive
Suite 502
MISSISSAUGA, Ontario
L5B 2T4
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Ministry of
Municipal 777 Bay street
Affairs Toronto,Ontanq/
Ontario M5G 2E5
1
September 18, 1986 k
Mr. Greg Mitchell
Matthews Group
201 City Centre Drive
Suite 502
Mississauga, Ontario
L5B 2T4
Subject: Lapsing of Draft Approval
Subdivision No. 18T-76021
Municipality: Town of Newcastle
Dear Sir:
Draft approval of the above subdivision will lapse
on December 30, 1986. If you are interested in
pursuing final approval please send us a request
for draft approval extension, with reasons, in
advance of the lapsing date, with copies to the
municipal
order to identify any potential problems I
recommend that you also discuss the extension with
.the municipal planning department.
Ry a copy of this letter we are asking the municipality
and the region to advise us of their position on
your request. If we dd.onot hear from them we will
assume they have no objection. If there are any
concerns with the requested extension we will
contact you in advance of the lapsing date.
Please remember that once draft approval has lapsed,
it cannot be reinstated. A new application would
have to be submitted to the Region of Durham.
Fours truly,
,Stella Gustayson
Area Planner
Plans Administration Branch
Central and Southwest
c. c. Region
Municipality
June 30, 1980
File No: 18T-76021 (Revised)
The Minister ' s conditions and amendments to final plan
approval for registration of this subdivision
file no: 18T-76021 (Revised) are as follows:
No. Conditions
1 . That this approval applies to the draft plan, drawing
number 74293, by Merrill D. Brown Limited, Ontario
Land Surveyors, dated November 7 , 1974 and revised
November 30 , 1979 as drawing number 74293A to show
a total of 21 residential lots and one block which
is within an Ontario Hydro easement.
2 . That the road allowances included in this draft
plan shall be dedicated as public highways .
3 . That the street shall be named to the satisfaction
of the Town of Newcastle and the Regional Municipality
of Durham.
4 . That the owner conveys up to 5% of the land included
in the plan to the municipality for park purposes
under section 33 (5) (a) of The Planning Act. Alterna-
tively, the municipality may accept cash in lieu of
all or a portion of the conveyance and, under
section 33 (8) of The Planning Act , the municipality
is authorized to do so.
5 . That prior to the signing of the final plan by the
Minister , we are to be advised that the proposed
subdivision conforms with the restricted area
by-law in effect for the municipality.
6 . That the owner agrees in writing to satisfy all
the requirements, financial and otherwise, of the
Town of Newcastle concerning the provision of
roads, installation 'of services, drainage and fire
protection. !
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7 . That the owner agrees in writing to satisfy all
the requirements, financial and otherwise, of the
Regional Municipality of Durham concerning the
provision of roads, installation of services and
drainage.
-- (Cont 'd. )
k'.
June 30, 1980
{
t
File No: 18T-76021 (Revised)
No. Conditions Continued
8 . That such easements as may be required for utility
or drainage purposes shall be granted to the appropriate
authority.
9 . That the development of the plan be phased to the
satisfaction of the Regional Municipality of Durham.
10 . That the subdivision agreement between the owner and f
the Town of Newcastle contain the following provision:
that prior to commencing any works upon
the subject lands, the owner shall have
erected, ten (10) feet inside the top-of-bank,
a snow fence or other suitable barrier to
prevent the unauthorized dumping of fill
or alterations to vegetation in the steeply
sloping portion of this site. The actual
location of the barrier shall be approved, E
in writing, by the Conservation Authority
prior to commencement of work and shall be
maintained in a good state or repair during
all phases of development.
�s
11. That the subdivision agreement between the owner and
the Town of Newcastle contain the following provisions,
with wording acceptable to Ontario Hydro, wherein the
owner agrees:
(a) to protect and in no way encroach upon
Ontario Hydro' s power line rights;
(b) to submit a plan for the subject property
showing existing and proposed grading and
drainage to Ontario Hydro for review and
approval.
12. That before the Minister 's final approval is given
we are to be advised in• writing by the Town of Newcastle
how conditions 2, 3 , 4 , 5, 6 , 8 , 10 and 11 have been
satisfied.
(Cont 'd. )
June 30, 1980
File No: 18T-76021 (Revised)
No. Conditions Continued E.
13 . That before the Minister 's final approval is given
we are to be advised in writing by the Regional
t Municipality of Durham how conditions 3 , 7, 8 and 9
have been satisfied.
14 . That before the Minister 's final approval is given
we are to be advised in writing by Ontario Hydro how
condition ll has been satisfied.
NOTES:
1 . We suggest you make yourself aware of :
(a) section 160a (1) of The Land Titles Act, which
requires all new plans be registered in a land
titles system;
(b) section 160 (2) allows certain exceptions.
• it iS SuVyebted that the municipality register the �
subdivision agreement as provided by section 33 (6)
of The Planning Act against the land to which it
applies, as notice to prospective purchasers.
V".
3 . Where agencies involved ,in subdivision agreement '
A copy of the subdivision agreement shall be sent
to:
Regional Municipality of Durham
605 Rossland Road East
Whitby, Ontario
L1N 6A3
Ontario Hydro
700 University Avenue
Toronto, Ontario
M5G 1X6
This will expedite clearance of the final plan.
A copy is not required by the Ministry of Housing .
I
(Cont 'd. ) �I
June 30, 1980
File No: 18T-76021 (Revised)
NOTES CONTINUED:
4 . . Lapsing of draft approval
If final approval is not given to this plan within
three yea s of the draft approval date, and no extensions
have beenigranted, draft approval shall lapse under
section 3 (12a) of The' Planning Act. If the owner
wishes to request an extension to draft approval ,
a written explanation together with a resolution
from the local municipality must be received by
the Ministry of Housing prior to the lapsing date .
f