Loading...
HomeMy WebLinkAboutP-78-80 IV (�� 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 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF APRIL 28, 1980. REPORT NO. : P-78-80 SUBJECT: Application for Plan of Subdivision Number 18T-77037 Part of Lot 26, Concession 2, former Township of Darlington - Yugo Construction - Our File S-A-1-5-1 BACKGROUND: An application has been submitted requesting approval of four single family lots on a 1.012 hectare (2.5 acre) parcel of land at the north-east corner of Hancock and Nash Roads in Courtice. An earlier revision of the proposed plan was recommended to the Minister of Housing for approval on June 20, 1977, when Council adopted the following resolution of the Planning and Development Committee: "That application #S-A-1-5-1 be approved subject to the following revisions: 1. that a 10 foot road widening be provided on Nash Road and on Hancock Read. 2. that the area of Lot 2 be increased to conform with the proposed R-1 zoning. 3. that the area below elevation of 454.5 feet be excluded from the Plan." Council's action in this regard was contrary to the recommen- dations contained in staff report Number 264, which pointed out that O � the proposed subdivision did not comply with the provisions of the then proposed Region of Durham Official Plan, and recommended that because of 2 - this non-conformity, the plan should not be approved. In fact, in January of 1978, the applicant was advised by the Ministry of Housing that the file on the subdivision application had been closed, pending resolution of the conflict of the proposed Plan with the Official Plan provisions applying to this site. In November of 1979, Regional Council adopted Amendment No. 29 to the Durham Official Plan, which would permit the development of this site for a maximum of four single family lots, to be serviced by private wells and septic tanks. To date, this amendment has not been approved by the Minister of Housing. However, the subdivision file has recently been re-opened by the Ministry of Housing, and the revised plan has been recirculated to the Town for comments. In light of the fact that the enabling Official Plan Amendment Application has been approved by the Region, it would be appropriate to consider the subject application at this time. The zoning of the site was changed to "Deferred Development" from "R2" by By-law Number 75-27, which was approved by the Ontario Municipal Board in September of 1975. At the request of the applicant, Council subsequently passed By-law 75-48, which changed the zone designa- tion of the subject site to "Rl". However, the Ontario Municipal Board has reserved judgment on By-law 75-48 pending resolution of the Official Plan conformity and the draft approval of the subject application for sub- division. The Rl zoning would permit single family dwellings on the site, on lots with a minimum frontage of 100 feet and a minimum area of 20,000 square feet for interior lots, and of 125 feet and 25,000 square feet for corner lots. \V r �J� - 3 - Because the revised plan differed only slightly from the plan which was originally submitted to the Town, the Plan was only circulated to the Ministry of Natural Resources and to the Central Lake Ontario Conservaion Authority for comments to ensure that their concerns regarding the floodplain portion of the site had been resolved. Their comments follow: The Central Lake Ontario Conservation Authority indicated that: "Portions of lots 1 and 4 are prone to flooding under regional storm conditions. The location of the floodline is indicated in blue on the attached copy, based on contour information pro- vided on the draft plan. Our recommendation is that the flood- prone areas of the site be eliminated from the plan of subdiv- ision so that future owners would be permitted greater flexibility in the use of their lands. Based on the above, we would have no objections to the draft approval of this plan subject to the following conditions: 1. That the plan be revised as shown in red on the attached copy to eliminate flood-susceptible areas from the develop- ment. 2. No grading or filling shall occur on the site without the written approval of the Central Lake Ontario Conservation Authority (C.L.O.C.A.). 3. Prior to registration, the C.L.O.C.A. is to be furnished with an Ontario Land Surveyor's report certifying that no lot coverage exists below the regional flood limit. 4. That the subdivision agreement contains a provisions wherein the owner agrees to carry out or cause to be carried out the conditions stated on permits issued for the site by the C.L.O.C.A. Please request that a copy of the signed subdivision agreement be sent to the Authority to expedite our final approval of the plan." The Ministry of Natural Resources submitted the following comments: "This proposal has been reviewed in this office. The property is just north of the Black Creek, the floodplain of which has been mapped by the Central Lake Ontario Conservation Authority. Lots 1, 2, and 3 appear to be developable although portions of Lots 1 and 3 encroach on the Fill Regulation administered by the Conservation Authority. Lot 4 is entirely within the Fill I - 4 - Regulation areas. The approval of the Conservation Authority is required for any development in the Fill Regulation area, and we assume they will comment on their concerns when they examine this circulation. From the point of view of Natural Resources, we have no object- ion to the proposal, but would recommend the following condition: 1. That the owner agreesin the Subdivider's Agreement not to place any fill of any kind whether originating on the site or elsewhere, in Lots 1, 3 or 4 without the prior written permission of the Central Lake Ontario Conservation Authority." COMMENTS: Staff have no objection to the approval of the subject appli- cation for subdivision, but feel that the plan should be revised to reflect the concerns of the Central Lake Ontario Conservation Authority and the Ministry of Natural Resources, while still complying with the lot area and frontage requirements of the Rl zone. It is noted that the revised plan as proposed does not incorporate condition Number 2 of the earlier Council approval of the proposal, since the plan includes land below the 454.5 foot contour interval in lots 1 and 4. It is recommended that any approval of the proposed plan be conditional on approval by the Minister of Housing, of Official Plan Amendment Number 29 to the Durham Official Plan. RECOMMENDATION: It is respectfully recommended that Application for subdivision Number 18T-77037 be recommended to the Minister of Housing for approval, subject to the following revisions and conditions: Revisions: 1. That the plan shall be revised by deleting all floodplain lands from the limits of lots 1 and 4. 2. That the plan shall be revised to comply with the lot front- age and area requirements of the zone in the Restricted Area By-law of the former Township of Darlington. I Oune 24, 1977• 1W. Murk Tomina, R.R.# 3, Bommanville, Ontario Dear 11r. Tomina: Re: Subdivision Approval. Application #S-A-1-5-19 Lga lol 26 o s 2 Farther to your attendance at the Plarmiug Advisory Committee meeting on June 139 1977, we hereby advise of the following resolution as passed by the Committee and subsequently adopted by Council on June 24, 1977• "That Appli.oation illo-A-1-5-1 be aub,ject to the following revisions- 1 ) that a 10 foot road widenixs be provided on Nash Road and on Hamnook norm. 2) that the area of lot 2 be increased to conform with the proposed R-1 Zoning 3) that the area below elevation of 454.5 feet be excluded fram the by-law. We trust the foregoing to be satisfactory. Youro t-nLIY, Horace R. bleat, Secretary# Plaming Advisory Co=dttee. MBamb 0.0. J. Mollxoy;4 G. Howden V - 5 - Conditions: 1. That this approval shall apply to a Plan by Donevan and Fleischmann Co. Ltd. , dated February 9, 1977 and revised on June 27, 1977, to be further revised accord- ing to the recommendations of Report P-78-80. 2.L. That a 3 metre parcel of land abutting Hancock Road shall be dedicated to the Town of Newcastle for road widening purposes. That a 3 metre parcel of land abutting Nash Road shall be dedicated to the Town of Newcastle for road widening pur- poses. 3. That the owner shall pay to the Town of Newcastle an amount equal to 5% of the value of the land included in the Plan in lieu of parkland, in accordance with the provisions of Section 33(5) (a) and 33(8) of the Planning Act, R.S.O. 1970. 4. That Official Plan amendment Number 29 shall be approved by the Minister of Housing, and that the plan shall be re- vised, if necessary, to comply with the provisions of the said amendment. 5. That the necessary amendment to the Restricted Area (Zoning) By-law of the former Township of Darlington shall be approved by the Ontario Municipal Board. 6. That such easements as may be required for utility or drainage purposes shall be granted to the appropriate authority. - 6 - 7. That the Owner shall agree in writing to satisfy all the requirements of the Town of Newcastle concerning the provision of roads, installation of services and drain- age. 8. That the Owner shall enter into a subdivision agreement with the Corporation of the Town of Newcastle to include, in addition to the usual requirements, the following pro- visions: (a) that the Owner agrees that no grading or filling shall occur on the site without the written approval of the Central Lake Ontario Conservation Authority; (b) that the Owner agrees to carry out, or cause to be carried out, the conditions stated on permits issued for the site by the Central Lake Ontario Conservation Authority; (c) that the Owner shall agree to service the lots on the said plan by individual drilled wells and septic tanks, to the satisfaction of the Region of Durham Health Unit. Respectfully submitted, ,*1 4— NJF:lb D. N. Smith, M.C.I.P. April 21, 1980 Director of Planning i I