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Home My WebLink AboutP-60-80 4�^may,yb+IIUU Ab�. CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1.10 TEL.(416)263-2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF MARCH 31, 1980. REPORT NO.: P-60-80 SUBJECT: Consent Applications LD 83/80 and LD 84/80 BACKGROUND: On February 7, 1980, the Town received a request from the Durham Land Division Committee for comments on the above noted severance appli- cations. The subject lands are located within the proposed limits of the hamlet of Tyrone and are presently zoned "R2" by the Darlington zoning by-law. Under the provisions of that zone new lots must have a minimum lot area of 18000 square feet and a minimum frontage of 90 feet. The proposed severances would create two lots, each with an area of 21,851 square feet and a minimum frontage of 90 feet. In that regard, the proposed lots comply with the zone provisions. - Staff note, however, that on January 7, 1980, the Planning Committee considered and adopted staff report P-5-80 which dealt with the revised hamlet development plan for Tyrone. That plan stipulates a minimum lot size of 1.25 acres (54,450 square feet) and if revised as proposed by staff report P-54-80 this minimum could be reduced to 0. 75 acres (32,670 square feet) based upon detailed on-site investigation. On January 14, 1980, Council referred this matter back to the Planning Committee for - 2 - further discussion. At the Committee meeting of February 4, 1980 the staff report was again considered, as were the delegations of Mr. Spry and his solicitor, Mr. Starzynski. At that time, the Committee again endorsed the recommendations of the staff report. This decision was ratified by Council on February 11, 1980. On February 28, 1980, staff forwarded comments in respect of the proposed severances to the Durham Land Division Committee, requesting they be tabled pending the outcome of the public meeting to be held March 3, 1980 and Council's adoption of the Hamlet Development Plan. On March 3, 1980, prior to the Town's public meeting, the Land Division Committee considered and approved the applications. Staff note that in a similar situation in Haydon, the applications were tabled as requested by the Town and does not appear to be consistent with the decision made in this case. Formal notice of these approvals was received on March 24, 1980 and we note that the last date of appeal is April 11, 1980. COMMENTS: Staff are somewhat concerned with the approval of the subject severance applications since they do not conform with the Hamlet Develop- ment Plan for Tyrone as it relates to lot size. Upon approval, the development plan will form the basis for amendments to the Town's restricted area by—laws in order to provide a consistent set of policies and standards for the development of this settlement area. In that regard, the issue of minimum lot size has not yet been resolved; however, we note that the proposed minimum requirement is intended to reduce potential problems related to the operation of individual wells and septic tanks and at the same time minimize impacts on existing residences. - 3 - RECOMMENDATIONS• That the Planning and Development Committee recommend to Council the following: 1. That report P-60-80 be received; and that 2. Staff be authorized to file an appeal with the Ontario Municipal Board against the decision of the Durham Land Division Committee in respect of applications LD 83/80 and LD 84/80; and that 3. The Town solicitor and Planning staff be authorized to attend the hearing in respect of this matter and make representations on behalf of the Town. Respectfully submitted, M4— TTE:lb D. N. Smith, M.C.I.P. March 26, 1980 Director of Planning CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1JO TEL.(416)263-2231 COMMENTS TO LAND DIVISION COMMITTEE ON CONSENT APPLICATIONS for the Meeting of March 3, 1980. Application No. : LD 83/80 Applicant: William and Mary Spry Location: Part Lot 8, Concession 6, former Township of Darlington Proposed Use: Residential CONFORMITY WITH OFFICIAL PLAN: The site is designated "Hamlet" in the Region of Durham Official Plan. Section 10.4.1.4 of the Plan would permit residential develop- ment within Hamlets in the form of infilling to existing development. The site is designated "Residential" in the Darlington Official Plan. Section 3(7A) (g) of the Plan encourages non-agricultural development to locate as infilling in, or adjacent to, existing Hamlets. CONFORMITY WITH ZONING BY-LAWS: Yes. Both the "subject" and "retained" land comply with the applicable provisions of the 'R2' Residential zone in the Darlington Zoning By-law. OTHER COMMENTS: The Town of Newcastle Planning staff have prepared a Hamlet Development Plan for Tyrone in accordance with the provisions of the Durham Regional Official Plan. The document identifies a minimum lot size of .5 hectares (1.25 acres) . We also note that we are presently reviewing the possibility of future development to the rear of the subject lot, which may require a road access in the vicinity of this lot. RECOMMENDATIONS: We recommend that the subject application be tabled, pending the outcome of an upcoming public meeting regarding the Tyrone Development Plan and Council's adoption of this Development Plan. However, if the Land Division Committee sees fit to approve the subject application then a lot develop- ment charge of $1500 shall apply. EP:lb Norma J. Forrest February 28, 1980 Current Operations Planner ( REGIONAL MUNICIPALITY OF DURHAM `-- LAND DIVISION COMMITTEE DECISION As per the provisions of Sections 23 & 42 of The Planning Act as amended; Section 61(10) of The Regional Municipality of Durham Act as amended; and Ontario Regulation 732/78 as amended File LD 83/80 Submission B82/80 March 3rd, 1980 William & Mary Spry Part of Lot 8, Concession 6 Formerly the Twp. of Darlington now the Town of Newcastle Mr. W. Spry was present on behalf of this application. No further representation was present in favour of or opposed to the application. This application is to sever a parcel of land with a 27.432 m frontage by a depth of 74 m containing a concrete block and frame shed from a 4 ha parcel containing an existing dwelling. Mr. Spry advised the Committee that the subject land was located �. within the residential portion of the Village of Tyrone . The retained parcel to the rear is located in the deferred development zone. The Committee pointed out to Mr. Spry that the recommendation from the Town of Newcastle was to table this application pending the outcome of an upcoming public meeting regarding the Tyrone Development Plan. Mr. Spry requested approval due to his concern that the plan would once again change and' a larger area would be required for a building lot. The Committee had for their information reports received from the Peterborough-Victoria-Northumberland and Newcastle Roman Catholic Separate School Board, the Central Lake Ontario Conservation Authority, the Regional Works Department, the Ministry of Agriculture and Food, the Durham Regional Health Unit, the Regional Planning Department and the Corporation of the Town of Newcastle Planning & Development Department. DECISION OF THE COMMITTEE MOVED: W. Allin SECONDED: R. Bryson THAT Application LD 83/80 be approved as applied for, as such is ti considered infilling within the Hamlet of Tyrone and in compliance with the zoning by-law, subject to: 1. That the applicant satisfy the requirements of the Town of Newcastle, financial and otherwise. 2 . That the applicant satisfy all the requirements of the Regional Municipality of Durham concerning the provision of Regional services, financial and otherwise. 3. That the concrete block shed be removed on the subject land. Continued. . . . . 8/ Y REGIONAL MUNICIPALITY OF DURHAM ` LAND DIVISION COMMITTEE DECISION (Continued) File LD 83/80 (Continued) March 3rd® 1980 William & Mary Spry Town of Newcastle DECISION (Continued) 4. That the applicant submit two copies of a registered reference plan for the clearance of documents. 5 . 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. 6 . That prior to the signing of the certificate given by the Secretary/Treasurer that the consent has been given, Secretary/Treasurer is to be advised in writing by the Town of Newcastle that Conditions #1, & 3 have been carried out to - - their satisfaction. 7. 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 Regional Municipality of Durham Works Department that Condition -#2 has been carried out to their satisfaction. CARRIED March 3rd, 1980 ��------G. Wandless __-�� - ='"'�'�..�_l�_�__-L. Smith Chairman Vice-Chairman -R. Morrison --R. Rahmer - ----D. Jackson -- - -------R. Bryson T --------------W. Allin - -- ------ Robinson Mrs. S. Parker Secretary/Treasurer April 11th, 1980 Last Date of Appeal April 11th, 1982 Expiry Date 9 4 �j, Rw+1fG74y,y KYI) 4 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1JO TEL.(416)263-2231 COMMENTS TO THE LAND DIVISION COMMITTEE ON CONSENT APPLICATIONS for the Meeting of March 3, 1980. Application No. : LD 84/80 Applicant: William and Mary Spry Location: Part Lot 8, Concession 6, former Township of Darlington Proposed Use: Residential Lot CONFORMITY WITH OFFICIAL PLAN: The'site is designated "Hamlet" in the Region of Durham Official Plan. Section 10.4.1.4 of the Plan would permit residential develop- ment within Hamlets in the form of infilling to existing development. The site is designated "Residential" in the Darlington Official Plan. Section 3(7A) (g) of the Plan encourages non-agricultural development to locate as infilling in or adjacent to existing Hamlets. CONFORMITY WITH ZONING BY-LAWS: Yes. Both the "subject" and "retained" lands comply with the appli- cable provisions of the 'R2' Residential zone in the Darlington Zoning By-law. OTHER COMMENTS: The Town of Newcastle Planning Staff have prepared a Hamlet Develop- ment Plan for Tyrone in accordance with the provisions of the Durham Regional Official Plan. We also note that we are presently reviewing the possibility of future development to the rear of the subject lot, which may require a road access in the vicinity of this lot. RECOMMENDATIONS: We recommend that the subject application be tabled, pending the outcome of an upcoming public meeting regarding the Tyrone Development Plan and Council's adoption of this Development Plan. However, if the Land Div- ision Committee sees fit to approve the subject application, then a lot development charge of $1500 shall apply. - Norma J. Forrest February 20, Jos Current Operations Planner REGIONAL MUNICIPALITY OF DURHAM LAND DIVISION COMMITTEE DECISION As per the provisions of Sections 29 & 42 of The Planning Act as amended; Section 61(10) of The Regional Municipality of Durham Act as amended; and Ontario Regulation 732/78 as amended File LD 84/80 Submission B83/80 March 3rd, 1980 William & Mary Spry Part of Lot 8, Concession 6 Formerly the Twp. of Darlington now the Town of Newcastle Mr. W. Spry was present on behalf of this application. No further representation was present in favour of or opposed to the application. This application is to sever a vacant parcel of land with a 27.432 m frontage by a depth of 74 m from a 4 ha parcel containing an existing dwelling. Mr. Spry advised the Committee that the subject land was located within the residential portion of the Village of Tyrone. The retained parcel to the rear is located in the deferred development zone. The Committee pointed out to Mr. Spry that the recommendation from the Town of Newcastle was to table this application pending Y the outcome of an upcoming public meeting regarding the Tyrone Development Plan. Mr. Spry requested approval due to his concern that the plan would once again change and a larger area would be required for a building lot. Then Committee had for their information reports received from the Peterborough-Victoria-Northumberland and Newcastle Roman Catholic Separate School Board, the Central Lake Ontario Conservation Authority, the Regional Works Department, the Ministry of Agriculture and Food, the Durham Regional Health Unit, the Regional Planning Department and the Corporation of the Town of Newcastle Planning & Development Department. DECISION OF THE COMMITTEE MOVED: W. Allin SECONDED: R. Bryson THAT Application LD 84/80 be approved as applied for, as such is considered infilling within the Hamlet of Tyrone and in compliance with the zoning by-law, subject to: 1. That the applicant satisfy the requirements of the Town of Newcastle, financial and otherwise. 2 . That the applicant satisfy all the requirements of the Regional Municipality of Durham concerning the provision of Regional services, financial and otherwise. 3. That the applicant submit two copies of a registered reference plan for the clearance of documents . Continued. . . . . 10/ REGIONAL MUNICIPALITY OF DURHAM ` LAND DIVISION COMMITTEE DECISION (Continued) File LD 84/80 (Continued) March 3rd, 1980 William & Mary Spry Town of Newcastle DECISION (Continued) 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. s 5 . 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 #1 has been carried out to their satisfaction. 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 Regional Municipality of Durham Works Department that Condition #2 has been carried out to their satisfaction. CARRIED March 3rd, 1980 ��-G. Wandless --- �--'- L. Smith � Chairman vice-Chairman - 1 R. Morrison ----- --------R> Rahmer ------ _ D. Jackson -- -----R. Bryson 7.,r-------------W. Allin - - - ---- --%. Robinson _ -- Mrs. S. Parker Secretary/Treasurer April 11th, 1980 Last Date of Appeal April 11th, 1982 Expiry Date 11 i S t<e rG! ! 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