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HomeMy WebLinkAboutPD-95-83 fiJ b 4S/� ����• � � ��l 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 JUNE 20, 1983 REPORT NO. : PD-95-83 SUBJECT: I LD-135/83, EDITH LILLEY, PART OF LOT 33, CONC. 3, FORMER TOWNSHIP OF DARLINGTON II COMMITTEE OF ADJUSTMENT APPLICATION A-7/83 EDITH LILLEY, PART OF LOT 33, CONC. 3 FORMER TOWNSHIP OF DARLINGTON RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following : 1 . That Report PD-95-83 be received; and 2. That Land Division application LD 135/83 and Committee of Adjustment application A 7/83 not be appealed; and that 3. The Region of Durham be requested to undertaken an amendment to the Regional Official Plan to accommodate urban severance applications and to permit development of existing lots of record, conditional upon Health Unit approvals and a Servicing Agreement registered against title. Report No: PD-95-83 . ../2 BACKGROUND: On March 22nd, 1983, staff received notification of an application, LD 135/83, 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. Conformity with Official Plan The subject lands are designated "Residential " within the Region of Durham Official Plan and the Courtice Urban Area Official Plan. Within the Durham Official Plan - Section 8.1 .3.1, limited development may be permitted to proceed on the basis of municipal water supply and municipal sewage systems. Section 6.1 .3.iv of the Courtice Urban Area Official Plan stipulates that infilling on full municipal services and on existing road frontages shall generally be permitted. It is noted, the intent of both documents would permit residential development to occur, however, such development is to be on full municipal services. We note that the Regional Planning staff will be commenting on this application, and that their interpretation of the Official Plan shall prevail . Conformity with Zoning By-laws The retained lands do not comp y with the lot frontage requirement of the R-3, Residential Zone in Zoning By-law 2111 , as amended, of the former Township of Darlington. The applicant will be required to receive approval of a minor variance from the Committee of Adjustment in order to rectify this non-conforming situation. Staff notes , for the Committee's information, that the applicant has made application to the Committee of Adjustment (A-7/83) for the approval of the above-noted variance. The Committee deferred the request pending the applicant receiving comments of the Regional Land Division Committee with respect to servicing a parcel of land without full services in the Courtice Urban Area. In consideration of the above comments, staff recommended to the Land Division Committee denial due to the non-conformity with the intent of the Region of Durham Official Plan. However, should approval be granted, the following conditions shall apply. i i i i Report No: PD-95-83 . ../3 1 . That the lot development charge of $880 be paid to the Town. 2. That the approval of the appropriate minor variance be received. The minutes of the Land Division Committee meeting reflect the following. Mr. and Mrs. Lilley were present on behalf of this application. No further representation was present in favour of or opposed to the application. This application was tabled from April 18th, 1983. Mr. Lilley advised the Committee that the Regional Health Unit had visited the site and suggested that the well on the retained land be lined, which would be done if the severance was approved. Mr. and Mrs. Lilley agreed to hook-up to the services as soon as they became available. The Health Unit submitted a verbal report on May 27th, 1983, stating no objection subject to the satisfying of the Unit's requirements. A motion of the Committee was put forth that application LD 135/83 be approved as applied for, as such is in compliance with the zoning, subject to: 1 . That the applicant satisfy the requirements of the Durham Regional Health Unit. 2. That the applicant satisfy the requirements of the Town of Newcastle, financial and otherwise. 3. That the applicant satisfy all the requirements of the Regional Municipality of Durham concerning the provisions of Regional services, financial and otherwise. (An Agreement to be registered on title, to hook-up to Regional services when available) 4. That a variance application be applied for and approved by the Town of Newcastle, and be final and binding. i I Report No: PD-95-83 .. ./4 5. That the applicant submit two copies of a registered reference plan on the subject parcel for the clearance of documents. 6. 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. 7. That prior to the signing of the certificate given by the Secretary-Treasurer that consent has been given, the Secretary-Treasurer is to be advised in writing by the Durham Regional Health Unit that Condition No. 1 has been carried out to its satisfaction. 8. That prior to the signing of the certificate given by the Secretary-Treasurer that consent has been given, the Secretary-Treasurer is to be advised in writing by the Town of Newcastle that Conditions 2 and 4 have been carried out to its satisfaction. 9. That prior to the signing of the Certificate given by the Secretary-Treasurer that consent has been given, the Secretary-Treasurer is to be advised in writing by the Regional Works Department that Condition No. 3 has been carried out to its satisfaction. It was the applicant's understanding that a minor variance with respect to the lot frontage requirement of 80 feet would have to be requested and approved before the Land Division Committee could entertain the possibilities of approving a land severance application. Accordingly, on behalf of Mrs. Lilley, an application was submitted to the Committee of Adjustment for consideration at their February 23rd, 1983 meeting. The comments prepared to the conformity with the Official Plan provisions and Zoning By-law provisions as submitted by staff were substantially the same as submitted to the Land Division Committee on April 18th, 1983, noting that limited development may be permitted to proceed on the basis of municipal water supply and municipal sewage systems. i Report No: PD-95-83 . ../5 It was noted for the Committee's consideration, that variances of this magnitude are considered to be minor in nature, and would not appear to have any detrimental effect upon the application of other applicable zoning provisions at such time as construction is contemplated. However, the evaluation of the nature of a minor variance requires the assurance that the intent of the zoning by-law, as well as the Official Plan, is adhered to. A recommendation for denial due to the non-conformity with the Durham Regional Official Plan and Courtice Urban Area servicing requirements was offered for the Committee' s consideration. i COMMENTS: It is staff's understanding that the Region of Durham does not intend to object to the approval of this application as considered an infilling situation, in lieu of the applicant 's consent to the entering into of an agreement with the Region of Durham concerning the provision of Regional services, financially and otherwise. It is noted that an agreement is to be registered on title stating that the Regional services will be connected to, when made available. Section 6.9.4.ii (g) within the Courtice Urban Area Plan states that consents shall only be given where municipal services are provided in accordance with Section 8.1 .3.1 of the Durham Regional Official Plan, as amended from time to time. Should Committee accept this interpretation of the Regional Plan policies as offered by Regional staff, and support the application as approved by the Land Division Committee, staff would suggest the Committee consider requesting that the Region amend the Official Plan provisions to reflect the position that when municipal services are not presently available for an "infilling situation" an agreement to connect thereto, when available, would suffice. I i V- Report No: PD-95-83 . . ./6 It is noted that the installation of the private service system would require the approval of the appropriate authorities. The above comments, as summarized, are submitted for Council 's consideration with respect to the appropriateness of filing an appeal on behalf of the Town of Newcastle of the decisions of the Durham Regional Land Division Committee and Committee of Adjustment. Staff note that the application does not comply with the Official Plan , but given the proposed conditions of approval and the nature of the application, the intent of the Official Plan would not be seriously offended. However, in order to clearly establish a basis for the consideration of similar applications, an amendment to the Regional Plan would be appropriate. Staff also note that the same urban service policies can, in some instances, prevent the development of existing lots of record, therefore any amendment to the servicing requirements should also address this situation. Respec u ed, i T. T. Edwards, M.C. I.P. Director of Planning ;0*TTE* y 10, 1983 i