Loading...
HomeMy WebLinkAboutPD-64-83 V a��l I 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 APRIL 18, 1983 REPORT NO. : PD 64-83 SUBJECT: OBJECTION TO BY-LAW 82-181 , BEING A BY-LAW TO REZONE CERTAIN LANDS IN PART OF LOT 25, CONCESSION 6, FORMER TOWNSHIP OF DARLINGTON, BEING BLOCK 10, PLAN M-746 - R. B. DAVIS CLERKS FILE: 60.35.174 PLANNING FILE: DEU 82-22 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-64-83 be received; and 2. That the following Resolution be adopted by Council and forwarded to the Ontario Municipal Board together with By-law 82-181 . "WHEREAS the Council of the Town of Newcastle has approved By-law 8,1,.,-181 to amend Restricted Area Zoning By-law 2111 , as amended, as a result of their consideration of an application for such an amendment submitted by the property owner; AND WHEREAS the effect of By-law 82-181 will be to change the zone designation of the lands subject to By-law 82-181 from "D-Development" to "Special Provision By-law 82-181 " to permit the development of two (2) single family residential lots created by Land Division consent ; ,1U'� aid Report No: PD-64-83 . . ./2 AND WHEREAS By-law 82-181 has been approved in conformity with the applicable policies of the Durham Regional Official Plan; AND WHEREAS the request for the development of the land subject to By-law 82-181 for residential purposes is in compliance with Amendment #1 of the Solina Hamlet Plan; BE IT NOW THEREFORE RESOLVED that the Town of Newcastle hereby requests the Ontario Municipal Board to approve By-law 82-181 , notwithstanding the objection received, and further requests the Ontario Municipal Board to convene any required public hearing in respect of By-law 82-181 at the earliest possible opportunity; and FURTHER hereby authorizes Town Staff and/or the Town Solicitor to represent the Municipality at any such hearing that may be convened." On July 19, 1982, the owner of the lands affected by By-law 82-181 applied for an amendment to Restricted Area (Zoning) By-law 2111 , as amended, of the former Township of Darlington. The purpose of the application was to rezone Block 10 of Registered Plan M-746 in order to permit the creation of two (2) additional residential lots. Block 10 originally had been reserved for future residential development; however, would be permitted for future development subject to compliance with the following: - staging policy with respect to building permits within the Solina Hamlet development plan; - terms of the approved Subdivision Agreement; - an amendment to Solina Hamlet Plan; - an amendment to Zoning By-law 2111 , as amended. I I Report No: PD-64-83 . . ./3 Mr. Davis (Owner) submitted a severance application to the Land Division Committee (LD 223/82) in order to create the proposed lots and received approval of same on August 30, 1982, subject to the required rezoning and amendment to the Solina Hamlet Plan. This decision was considered final and binding on October 7, 1982 as no appeal had been lodged against the application within the required time frame. At the Committee meeting of September 27, 1982, the General Purpose and Administration Committee considered Staff Report PO-154-82 and endorsed the recommendation which was to approve the rezoning and the amendment to the Solina Hamlet Development Plan at such time as Regional Council had considered the amendment to the Hamlet Plan (Resolution # GPA 1082-82) . Staff had been advised that on November 10, 1982, Regional Council had no objection to Amendment #1 to the Development Plan. On December 13, 1982, the General Purpose and Administration Committee endorsed the recommendation of Report PD-208-82 (Resolution # GPA 1287-82) which recommended Council 's approval of the By-law amendment and the amendment to the Development Plan. COMMENTS: As a result of the Clerk 's circulation of By-law 82-181 , one letter of objection was received. The letter dated February * 8, 1983, a copy of which is attached, was submitted by Mr. G. A. Sumara and signed by nine residents of the area adjacent to the lands affected by the rezoning. The objections submitted by the residents are as follows : I "there is currently not a need for any more building lots in the area, since existing lots either have not been sold or are up for resale. I i i Report No: PO-64-83 . . ./4 - the area in question is extremely low-lying and is almost always saturated with water. For this lot to be useful extreme amounts of fill would have to be brought in and this would most certainly increase the water flow into adjacent lots. As an example of how low-lying this area is, last August three large four wheel drive tractors got stuck for three (3) hours in this same area. - without an immediate need for this lot, is there an advantage to making a commitment when the question of water and septic services really hasn 't been proven out with the existing subdivision." Staff note that the Subdivision Agreement registered on title for Plan M-746 has reserved Blocks within this Plan for future development, subject to various conditions being satisfied. Block 10 is one of the potential development Blocks within this Plan. Staff note that the development of this area is to proceed in accordance with the Subdivision Agreement , in which case such concerns as on/off site drainage, lot grading, placement of fill , protection against damages to existing wells and septic systems, etc. , have been addressed. It is staffs ' opinion, the concerns raised by the residents in this area would be covered by the enforcement of the Subdivision Agreement. Staff would note, for Committee 's information, that the concerns of eight (8) of the objectors have been clarified in consideration of the contents of the Subdivision Agreement, and therefore, have formally withdrawn (see * attached) their objections. In light of the above comments, staff would therefore recommend that By-law 82-181 be forwarded to the Ontario Municipal Board for approval . Res p tf ubmitted, T. T. Edwards, M.C. I.P. Director of Planning i K LOT*TTE*mjc ruary 23, 1983