HomeMy WebLinkAboutP-93-80 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 JUNE 9, 1980.
REPORT NO. : P-93-80
SUBJECT: Request for Validation of Title
Part Lot 23, Concession 3, former Township of
Darlington - Jacqueline Hofstede
BACKGROUND:
The subject application requests the preparation and consideration
of a By-law for the "validation of title" on a parcel of land located
in Part of Lot 23, Concession 3, former Township of Darlington. The
applicant has indicated that ar, application for exemption or partial ct,"
exemption from the provisions of Subdivision Control By-law No. 2082
was submitted to the Committee of Adjustment in 1971, in order to separate
a parcel of land being 3.82 acres from a 26 acre parcel owned by the
applicant. Subsequently, the severance was approved by the Committee
(71-CA-308), however, in registering the title of this property the
decision of the Committee was not attached to the deed clarifying the
approved severance. As a result, a By-law for the validation of title
of these lands must be prepared and submitted to the Ministry of Housing.
The site is designated "Major Open Space" and "Hazard Lands" in
the Region of Durham Official Plan. The predominant use of lands under
these designations shall be for agriculture and farm related uses.
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Therefore, the creation of this lot would appear not to conform with
the Regional Plan, however, since this severance and the lot created
was prior to the approval of the Official Plan, it would appear that
the consent would conform.
The site is presently zoned iPAgriculture" in the Darlington Zoning
By-law. The subject lands appear to comply with the applicable provis-
ions of the Zoning By-law.
The application was circulated to the Ministry of Agriculture and
Food, and the Central Lake Ontario Conservation Authority for their
comments.
The Ministry of Agriculture and Food submitted the following:
"That the approval would create an uncompatible non-farm use
in an agricultural area. The area of farm is marginal in
size as a farm, however, the land is useful for agricultural
purposes. The site of the proposed lot is on Class 3 soils.
We are not in favour of creating more non-farm uses in agri-
cultural areas."
The Central Lake Ontario Conservation Authority submitted the follow-
ing:
"We have no objection to the validation of title requested,
but we would request that a provision be added and regis-
tered against the title of the subject lot which specifies
that there is to be no grading, filling or construction
below the floodline elevation of 491.4 feet without the
written approval of the authority."
COMMENTS:
Staff have reviewed the request for validation of title sub-
witted on behalf of J. Hofstede and have no objection to the approval
of this application provided that a warning is registered on title, as
requested by the Central Lake Ontario Conservation Authority. Staff
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recommend that the applicant be requested to provide the Town with
an undertaking to the effect that the warning will be registered on
title. The undertaking should be received by the Town prior to con-
sideration of the attached by-law.
RECOMMENDATION:
1. It is recommended that the application for validation
of title be approved; and
Z. On receipt of an undertaking from the applicant to the
effect that a warning will be registered on title that
the necessary validation by-law be approved by Council.
Respectfully submitted,
f� 0
rt ,
r
EP:lb D. N. Smith, M.C.I.P.
May 7, 1980 Director of Planning
_MUNICIPAL APPRAISAL FORM
TO ACCOMPANY BYLAW
RECOMMENDING VALIDATION
THE PLANNING ACT - SECTION 29a appendix C
GENERAL INFORMATION
1.
The subject land(s) is located in the municipality of.the ,Corporation.of the Town of
2. Newcastle
Validation is requested by bylaw number , A-7 . . . . . . . . . . . . . . . . . . . . . . .
3.
Location of the subject land(s): Lot . .23 . . . . . . . . . Con . .3, ,former,Township of
Darlington
Reference plan number (if any). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.
Description of subject land(s):
Reference Plan
— Part No. Frontage Depth Area
260 feet 660 feet 3.82 acres
— Attach additional lists(s) if necessary
Planning Policy
5.
Is the subject land(s) within an area covered by an Official Plan Yes
State any Official Plan amendment number . . . . . . . . . . . . . . . . . . . . . . . . . .
6.
If so what is the land use designation in the Official Plan and does the
intended use conform to the Official Plan Major, Open_ Space, , , , , ,
If not, is Council initiating an Official Plan amendment . . . . . . . . . . . . . . . . .
7.
Is the subject land(s) within an area covered
by an approved zoning bylaw Yes
8.
if so, does the intended use and dimensions conform to the bylaw. Yes, , , ,
9.
If not, is council initiating zoning to restrict the use of the property to that
recommended; give zoning bylaw number . . . . . . . . . . . . . . . . . . . . . . . . . . .
17
Provision of Community Facilities
10.
Can the following facilities be adequately and economically provided
(i)
Adequate access road . . . . Yes
(ii)
Adequate primary and secondary school provision . . _ . Yes . . .
(iii)
Adequate transportation for school pupils . . Yes .
(iv)
Adequate garbage collection . . .Private _ . . _ . . .
. . . . . . . . . . . . . . .
(v)
Adequate snow removal . . . Yes
NO
Adequate fire fighting services . Yes
(vii)
Adequate public open space, recreational facilities and play areas . Yes
11.
Is the municipality of the opinion that the general overall provision of
facilities outlined in 10. above will be adequate to serve the subject land(s)
proposed to be validated . . .Yes . . . _ • . . . . . . . . . . , _ • , _ _ . .
Are conditions being applied against property by council . . . .No . . . . . . . . . .
13.
If yes, please attach copy of conditions
Signed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Municipal Clerk
Municipality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . • . . . . . . . . . . . .
Municipality to complete this form and attach
1. ,
Copy of application form(s) —appendix A.
2.
Certified copy of bylaw —appendix B.
3.
Reference plans (if any) and where applicable.
4.
Copy of conditions imposed with the passage of the bylaw.
5.
Copy of deed(s).
Return to PLANS ADMINISTRATION DIVISION
MINISTRY OF HOUSING
56 WELLESLEY STREET WEST
TORONTO, ONTARIO