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HomeMy WebLinkAboutPD-59-83 r 4 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB UO TEL.(416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF APRIL 5, 1983 REPORT NO. : PD-59-83 SUBJECT: LD 72-83 - H.J. BOUT PART OF LOT 11 , CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON LOT 33 on PLAN M-749, RILLS OF LIBERTY NORTH RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-59-83 be received ; and 2. That staff be provided with further direction and Council 's position with respect to the appropriateness of an Appeal to the Land Division Committee Decision of March 7th, 1983. BACKGROUND: On February 11th, 1983, staff received notification of an application, LD 72-83, that was to be considered by the Land Division Committee at their next scheduled meeting. The following would summarize the comments as submitted to the Land Division Committee. El 0 u Report No: PD-59-83 .. ./2 Conformity with Official Plan The subject area is designated for Estate Residential development pursuant to Section 10.3.1 .4 of the Regional Official Plan. The number of lots shown on plan of subdivision 18T-77123 would conform with the maximum number of residential units permitted and as denoted on Schedule "A-5" of the Regional Plan. The requested severance to permit the division of one of the forty-six lots would exceed the maximum set in the Regional Plan. In that regard, the proposed severance would not conform with the Region of Durham Official Plan. Conformity with Zoning By-laws It would appear the "subject" and "retained" lands would comply with the area requirements as contained within By-law 80-101 , amending Restricted Area By-law 2111 . Section 13(R) (b) - "Lands Subject to Flooding" states that no person shall erect any building or structure within the flood plain limits of the Bowmanville Creek, as designated by the Central Lake Ontario Conservation Authority, without written permission of the Central Lake Ontario Conservation Authority. Staff noted, for the Committee's information , that the Bowmanville Creek runs through the subject and retained lands and as such would need the approval of the Conservation Authority to be deemed in conformity with the said By-law. Staff noted further, for the Committee's information, that the minimum lot size of .4 hectares as contained within the By-law, would appear to be representative of a small majority of the total lots created within this subdivision. The intrusion of physical constraints upon development, i .e. Bowmanville Creek, excessive slopage, drainage and grading as reviewed at the subdivision stage, resulted in the creation of lots exceeding the .4 hectare minimum standard, thereby creating adequate "building envelopes" on each lot . i Report No: PO-59-83 . . ./3 The creation of an adequate building envelope for the proposed lot is therefore essential . Several of the lots within the development have "frontage" on Regional Road 14, i .e. , lots 1 , 19, 20, 21 , 22, 33, 34 and 46. Schedule "M" within the Subdivision Agreement restricted the locating of any of the permitted uses on lots 1 , 20, 34 and 46 closer than 15 metres to any portion of the road allowance of Durham Regional Road Number 14. The remaining lots having "reverse frontage" on Regional Road 14 (19, 21 and 22), all have applicable rear-yard setbacks of 15 metres (as contained within amending By-law 80-101 ) . In considering the location of the Creek and overall size of lot 33; said lot was not included within the Subdivision Agreement - Schedule "M". Staff noted, however, should approval be granted, a similar restriction whereby the locating of any of the permitted uses on the proposed lot not be closer than 15 metres to any portion of Durham Regional Road Number 14. In consideration of the above comments, staff recommended to the Land Division Committee denial , due to the non-conformity with the intent of the Regional Official Plan; however, should approval be granted, the following conditions shall apply: 1 . A lot development charge of $600 be paid to the Town of Newcastle; 2. The location of any of the permitted uses within By-law 2111 , as amended by By-law 80-101 , shall not be closer than 15 metres to any portion of Regional Road Number 14; and 3. Written confirmation of the Central Lake Ontario Conservation Authority with respect to the conformity of Sections 13(R) (b) of By-law 2.111, as amended. i i Report No: PD-59-83 . . ./4 The minutes of the Land Division Committee Meeting reflect the following: Mr. N. Bout was present on behalf of this application. Mrs. Ruby Ingleton, Bowmanville, was present in opposition to the application. A letter of objection was received from East Woodbridge Developments Limited, as well as a Petition signed by ten residents of the area. Mr. Bout advised the Committee that he did not wish to mislead the Committee into believing that the following was final , he wished to have recorded that there may be a possibility of a rezoning application in the future being filed with -the Town of Newcastle with respect to the proposed lot being severed. Mr. Bout explained that he was a Minister of a branch of the Christian Reform Church, and that the Congregation may want to build in the near future. If the Congregation did not wish to build on the proposed lot, then he would propose to sell the property, with the Committee's concurrence, to defer expenses incurred building the present home on the west portion of the lot. Mr. Bout further stated that he had purchased the lot from the Town of Newcastle, which had encouraged him to buy, by its assurance that they would have no problems in severing the lot. I Staff wish to point out, for Committee' consideration , that at no time during discussions with the applicant was it indicated that staff would have no objections to the severance; rather staff fore-warned Mr. Bout that staffs ' position with respect to a severance and any possible i rezoning would more than likely be in the negative. Report No: PD-59-83 . . ./5 A motion of the Committee was put forth that application LD 72-83 be denied, as the proposal did not conform to the Regional Official Plan. This motion did not receive the required support, and hence was defeated. A second motion was put forth that application LD-72-83 be approved as applied for, as the subject parcel is double the size of the majority of the lots in the immediate area and has been sold to the applicant by the Town with a view to being severed, subject to: 1 . The applicant satisfy all the requirements of the Regional Municipality of Durham concerning the provisions of Regional services , financially and otherwise; 2. That the applicant satisfy the requirements of the Town of Newcastle, financially and otherwise; 3. That the applicant submit two copies of a registered reference plan on the subject parcel for the clearance of documents ; 4. That this approval shall lapse at the expiration of two years from the date the Decision is final and binding, unless all the conditions are fulfilled and the formal Consent has been released; 5. That prior to the signing of the Certificate given by the Secretary-Treasurer that the Consent has been Y- given, the Secretary-Treasurer is to be advised in writing by the Regional Municipality of Durham that Condition # 1 has been carried out to its satisfaction; and 6. That prior to the signing of the Certificate given by the Secretary-Treasurer that the Consent has been given, the Secretary-Treasurer is to be advised in writing by the Town of Newcastle that Condition # 2 has been carried out to its satisfaction. i I i Report No: PD-59-83 .. ./6 The following is a summary of the comments received by the Land Division Committee with respect to this application as submitted by other agencies: Region of Durham - Works Department "Please be advised that the Regional Works Department wishes to object to the above noted severance application. Our records indicate that the water pumping station servicing the Rills of Liberty North Subdivision was designed to supply water for 46 units. Registered Plan M-749 indicated that 46 lots will be developed. By permitting this severance we would be taxing the water supply system as well as setting a precedent for the division of other large lots within the development ." Region of Durham - Health Unit The above application for severance has been investigated by this Health Unit, and, insofar as health matters are concerned, there are no objections to its approval . I would, however, stress that this letter is not to be taken as a permit to install a private sewage disposal system at the site involved. The required permit will be issued only after a proper inspection of the land area involved has been made and said inspection will be carried out upon receipt of a formal application." Central Lake Ontario Conservation Authority "A major portion of the retained and subject lands exhibit the hazardous condition of flood and erosion susceptibility. It is the Authority's policy to support the creation of lots which are relatively free of restrictions to development. This policy minimizes the conflicts between urban uses and the natural environment on the undeveloped lot. Based on the above, the Authority staff question the advisability of approving the above application." Region of Durham - Planning Department "The area is recognized for "Estate Residential " development under Section 10.3.1 .4(3) of the Durham Regional Official Plan. The maximum munber of residential units permitted is 46. Plan M-749 registered in 1980 was for 46 lots. Recommend: Denial f Report No: PD-59-83 . . ./7 Ministry of Natural Resources "A large portion of the area to be severed lies within the Regional Storm Floodplain for this branch of Soper Creek as mapped by the Central Lake Ontario Conservation Authority. The remaining part of the lot lies within the fill lines, under regulation by the Conservation Authority. A general principal of this Ministry's hazard land policy is to recommend against the encroachment of lots within flood plain area. Also, that no buildings or major landscape alteration take place in the flood plain , other than those necessary for flood or erosion control . Taking the above into consideration this Ministry recommends the following: 1 ) That the Regional Storm floodplain as mapped by the CLOCA be outlined on the plan for the area to be severed, and; 2) that the proposed lot lines of the severed area be revised so there is no encroachment of the lot into the flood plain area, and; 3) the revised plan be circulated to this office, prior to approval , for clearance of these conditions. We also wish to point out that a permit is required from the Central Lake Ontario Conservation Authority for any works on these lands in the way of filling, construction or lot alteration. This Ministry will have no objection to this application subject to the above conditions. We ask that the committee advise this office of their decision regarding this matter." COMMENTS: In view of the foregoing concerns, staffs ' immediate reaction was to recommend that the Decision of the Land Division Committee be appealed. However, in reviewing the subdivision file, it was noted that the original submission showed a park block located between the original Lot 32 and Lot 33. This block was identified due to the flood and fill restrictions applicable to the subject lands. In that i 'Act Report No: PD-59-83 . . ./8 regard, staff Report P-100-79 was considered by the former Planning and Development Committee on June 11th, 1979. Said Staff Report recommended that in view of the fact that neither the Town or the Conservation Authority was willing to accept the maintenance of the proposed park block, that it be incorporated into the surrounding lots. This recommendation was endorsed by Council on June 18th, and the Town 's conditions of draft plan approval forwarded to the Minister of Housing. The question therefore is essentially one of Official Plan conformity and suitability of the lands for the proposed use. In 'that regard, Section 17.2 of the Durham Regional Official Plan provides that "In order to provide for flexibility in the interpretation of the numerical figures and quantities in the text and Map C, it is intended that such figures and quantities, with the exception of the floor space indices , be considered to be approximate, and that for the purposes of preparing zoning by-laws, subdivision approvals or otherwise , minor deviations may be permitted without amendment to this plan provided that such deviations do not alter the intent of this plan". It has been suggested by staff of the Regional Municipality of Durham that, given this Section, a variation from 46 to 47 lots within this Estate Residential proposal would not offend the intent of the Durham Regional Official Plan. This Section of .the plan , however, does not make specific reference to Map A, nor does the text make any reference to the number of lots within this particular Estate Residential subdivision. In fact, on Schedule A, opposite the designation for Estate Residential development, is a note indicating that the figure shown on Schedule A represents a maximum number of residential units permitted. This would seem to suggest a more rigid intent. In fact, Section 17.1 of the Regional i I Report No: PD-59-83 . . ./9 Plan states that : "Unless otherwise specified below; deviation from the provisions of the text and Maps A, B and C of this Plan will require an amendment to this Plan." It would therefore appear that there is room for argument as to whether or not Section 17.2 is specific enough to allow for deviation from this figure. However, in view of the fact that this is a question of Regional Plan conformity and Regional staff have indicated that, in their opinion, this clause could apply, staff may not be in a position to successfully argue this point before the Ontario Municipal Board. The second consideration is one of a suitable building envelope, and we again refer to the original submission which showed Lot 33 as a 1 .4 acre parcel of land on the south-west corner of the intersection of Liberty Street and Pamela Court. That submission indicated a buildable area, but that half of the lot was subject to flood and fill restrictions. The addition of the originally proposed park block to Lots 32, 33 and 34, resulted in the addition of a small envelope of land outside of the flood and fill restrictions to Lot 33. Upon application by Mr. Bout to the Town for a building permit in respect of Lot 33, the Conservation Authority approved a building location on that portion of the land which had previously been included in * the park block (copy attached) . This therefore meant that a second building area was available within the limits of the originally proposed Lot 33. It is therefore not inconceivable that had the original subdividers wished to do so, they could have created an additional building lot within this plan of subdivision , assuming of course, that the interpretation of the Regional Official Plan would have permitted that at the time that the subdivision was being processed. i I Report No: PD-59-83 . . ./1D Based on the foregoing comments, it would appear that there is a limited basis for an appeal of the Land Division Committee's Decision. We would note also, for the Committee's information, that the Minutes of the Committee Decision reveal that Mr. Bout , being a Minister of a Branch of the Christian Reform Church, had indicated the possibility that the Congregation may wish to build a church on the severed parcel of land. This, of course, would require an application for rezoning, and would have to be dealt with by the Town on its own merit at such time as an application is received, which staff understand is imminent , but as of the date of writing has not been confirmed. It is staffs' understanding that a number of appeals will be lodged in respect of this Decision, and as far as the Town is concerned, the conditions of approval imposed by the Land Division Committee would adequately safeguard the Town's interests, as would the subdivision agreement presently registered against title of the subject lands should the Decision not be contested. However, the subject subdivision was originally conceived as a planned development, and approval of this severance is a potentially dangerous precedent. We also note that there are a number of other lots which could conceivably be severed in a similar fashion and staff are concerned that this type of severance could undermine the intent of planned residential developments, such as the Rills. Staff would also like -to bring to the Committee's attention the fact that a number of residents have also expressed concern about this severance. This concern is directly related to the suggestion that the severance is contrary to the intent of the original proposal as presented to the public, and therefore undermines the i planning process which culminated in the final plan approved by the Region and the Town and registered by the subdivider. i Report No: PD-59-83 . . ./11 In view of the foregoing, and the concern expressed by the residents of the area with respect to this severance, staff are seeking Council 's direction with respect to the appropriateness of filing an appeal , on behalf of the Town of Newcastle, of the Decision of the Durham Regional Land Division Committee. Respectf ted, T. T. Edwards, M.C.I.P. Director of Planning L T 7 *m j c 28, 1983 i i �r R • m O ® 32 • i • t 36 s W (. b � cad ,v0 IN 0? ®` Go r� 0 BLOCK 57 W q (EJ(NOUS[� LO 50 , ,:fig f 0.3oRE FRVE i BLOCK 51 ....�'.. .. _._ . .. . cr,.�.:uvERf�1 � _r---r—r-- ----r*•—r— EX ORNrKAY 1�� EX CONC WALKWAI