HomeMy WebLinkAboutPD-55-87.,,~ x~„~, „~
TO~1N OF NE4~CASTLE
c~-~
REPORT File # ~_ "~~-~ a~.
Res . # ~~ ~a - ,~~ ,
By-Law #,
NEFTII~i: General Purpose and Administration Committee
DATE: Monday, February 16, 1987
T #: PD-55-87
FIIF #: 18T-86058
CT: APPLICATION FOR SUBDIVISION APPROVAL
677922 ONTARIO LIMITED
PART LUT 24, CONCESSION 5, FORMER TWP. OF DARLINGTON
FILE: 18T-86058
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-55-87 be received; and
2. THAT the Region of Durham be advised that the Town of Newcastle recommends approval
of the draft plan of Subdivision 18T-86058 dated October 3, 1986, as revised in
red, subject to the conditions contained in Attachment No. 1 to this Report; and
3. THAT a copy of Staff Report PD-55-87 be forwarded to the Region of Durham; and
4. THAT the attached by-law authorizing execution of a Subdivision Agreement between
67 7922 Untari o Limited and the Corporation of the Town of Newcast 1 e be ap proved;
and
5~
~. THAT the Mayor and Clerk be authorized to execute the Subdivision Agreement between
677922 Ontario Limited and the Town of Newcastle at such time as an agre ement has
been finalized to the satisfaction of the Director of Public Works and the Director
of Planning.
...2
~~~
REPORT NO.: PD-55-87 Page 2 '~
BACKGROUND:
Un October 24, 1986 the Planning Department received an application for a
proposed plan of subdivision from Mr. V. Huttman on behalf of 677922 Ontario
Limited. This application was for thirteen (13) residential lots. This
included the creek lands and a small parcel of land zoned as "Residential
Hamlet (RH)". The subject lands are currently zoned as "Ho'Iding -
Residential Hamlet ((H)RH)" within the Comprehensive Zoning By-law 84-63, as
amended, of the Town of Newcastle.
The applicant also filed an amendment to the Solina Hamlet Plan to increase
the permitted number of units. This was approved by Council at its meeting
of November 10, 1986.
Application has also been made to delete the "Holding" symbol. This will be
forwarded to Counci 1 after the Sub division Agreement has been finalized.
Each of these applications have been circulated to various agencies for
comments. Their comments are summarized in the following paragraphs. At
this time there have been no major objections to the Plan. The revisions
* which have been proposed are detailed on the plan attached hereto.
The modifications to the plan are mostly concerned with the valley lands to
the east. Land Division applications have been filed, and conditionally
approved, to remove all lands to the east of the lots on the cul-de-sac.
This has been discussed with the Central Lake Ontario Conservation Authority
and the Town's Works Department, and no serious objection was raised. The
Town has required that the location of a stormwater easement be finalized
prior to the severances being finalized.
The second major redline is to include a fourteenth (14th) lot in the Plan.
An application was previously filed (LD 322/85) to sever this lot, having
frontage on Solina Road, however, the conditions of approval were not
fulfilled prior to the expiration date. Staff has no objections to its
inclusion as the Zoning By-law and Official Plan permit the lot.
...3
~~~-~
REPORT NO.: PD-55-87
Page 3
The following is a summary of the comments which Staff have received. The
following agencies have no objection to the application:
- Newcastle Building Department
- Northumberland and Newcastle Board of Education
- Peterborough-Victoria-Northumberland and Newcastle
Roman Catholic Separate School Board
- Ontario Hydro
- Ministry of Transportation and Communications
- Ministry of Agriculture and Food
Newcastle Public Works Department
"Public Works had no objection subject to the following:
1. That all works are completed in accordance with the Town of
Newcastle's Design Criteria and Standard Drawings;
2. Trrat any easements required by the Town be granted free and clear of
any encumbrances;
3. That the developer will bear the costs (100%) of any works on Solina
Road which are necessitated as a result of this development;
4. That the utility distribution on the cul-de-sac (Hydro, Bell, Cable TV
etc. ) be i nstal'1 ed underground and that all secondary servi ces for the
proposed lots be underground;
5. That the developer contributes to the costs of reconstructing Solina
Road in accordance with Town Policy;
6. That the owner meet all the requirements of the Public Works
Department, financial or otherwise;
7. That the owner enter into a Development Agreement with the Town and
that thi s department be kept informed of the status of same at al 1
times;
8. The developer is required to provide street lighting on the cul-de-sac
to the satisfaction of this Department;
9. A"I1 of the other standard requirements re: Lot Grading, Schedules of
Work, Performance Guarantees, Cost Estimates, etc., should be included
in the Subdivision Agreement."
Newcastle Community Services Department
"Solina Community Park serves as the park for this hamlet and as such, no
parkland will be required. Cash-in-lieu of 5% parkland dedication is
required. Block 14 is not required for parkland."
...4
~~~,
REPURT NU.: PD-55-87
Page 4
Block 14 has been deleted from the proposed subdivision. This is$the creek
valley.
Newcastle Fire Department
"This Department has no objection to the above-headed application.
Emergency fire response is from Station #4, which is located within the
acceptable limit. Water supply for firefighting is with Fire Department
tanker trucks. The access route and turn around facility are acceptable and
meet this Department's requirements.
Consideration should be given to Planning Department Report 4U-84, Fire
Protection for Rural Development."
Regional Health Services Department
"The above application for subdivision has been investigated by this Health
Department, and insofar as health matters are concerned, there are no
objections to its approval.
I would, however, stress that this letter is not to be taken as a permit to
install private sewage disposal systems at the site involved. The req uired
permits will be issued only after a proper inspection of the land area
involved has been made and said inspection will be carried out upon receipt
of a formal application."
Regional Works Department
"The Regional Niunicipality of Durham Works Department has reviewed the
above-noted proposed plan of subdivision and has no objection to same.
Municipal water and sanitary sewer services are not available to service the
subject site and the Region of Durham has no plans within the Capital Budget
and Four Year Forecast to introduce services to the subject area.
The following Regional Municipality of Durham Works Department conditions
shall be complied with prior to consent by the Works Department for
registration of the plan of subdivision and said conditions shal 1 form part
of the Subdivision Agreement:
a) That the subdivider pay for those service charges and/or development
charge levies which are in effect at the time of registration of any
portion of this plan. Said service charges shall pertain to those
services which are the responsibility of the Regional Municipality of
Durham.
...5
v ~~'~
REPURT NU.: PD-55-87
Page 5
Regional Works Department - (Cont'd)
b) That if this subdivision is to be developed by more than one
registration, the subdivider be required to submit a plan showing the
proposed phasing, all to the satisfaction of the Regional Municipality
of Durham
c) That the Owner agrees, in writing, to satisfy all requirements,
financial and otherwise, of the Region of Durham."
tinistry of Natural Resources
"Ministry staff have reviewed the proposal, inspected the site and examined
the related rezoning application. While we have no objections to the
principle of development on the site, we do have concerns which should be
addressed prior to the approval of the plan.
Black Creek traverses the subject property and is located within Block 14 of
the plan. Downstream of this site, Black Creek is a significant Coldwater
trout stream which is sensitive to water quality degradation. Our major
concern for this development is the potential for on-site erosion and the
conveyance of sediment-'laden waters downstream.
Based on the above, we have no objections to the approv al of this
subdivision plan provided that it be subject to the following conditions:
1. That the valleylands located within Blocl< 14 remain in the
"Environmental Protection (EP)" zone as indicated in Town of Newcastle
Zoning By-law No. $4-63.
2. Prior to any grading or construction on the site, the owner shall
prepare a stormwater and erosion control plan which shall be acceptable
to the Ministry of Natural Resources. This plan will show all proposed
surface drainage works and will describe the means to minimize erosion
and the direct discharge of stormwater flow into Black Creek.
3. Prior to any grading or construction on the site, the owner shall erect
a snowfence or other suitable barrier along the western boundary of
Block 14 (as indicated on the attached plan). This barrier shall
remain in place until such time as all grading, construction and
landscaping of the site are completed and shall be maintained to
prevent the placement of fill or removal of vegetation within the
valleylands of Black Creek.
The Subdivision Agreement between the owner and the municipality shall
contain the following provisions in wording acceptable to this Ministry:
a) That the owner agrees to implement the stormwater and erosion control
plan for the site as required in Condition No. 2 above.
...6
yC~~
RE.PURT NO.: PD-55-87 Page ~,
Niinistry of Natural Resources - (Cont'd)
b) That the owner agrees to construct and maintain the barrier as required
in Condition No. 3 above.
c) That the owner agrees to neither dam, dredge, nor alter Black Creek in
any way without the prior written authorization of the Ministry of
Natural Resources."
Central Lake Ontario Conservation Authority
"Thank you for providing the opportunity to review this proposed plan of
subdivision. We have previously reviewed the site as an amendment to the
Solina Hamlet Plan and as application for rezoning DEV 86-51.
More recently, Authority Staff has had discussions with the applicant,
particularly in regard to Land Division application LD 30/87, which we
understand will be heard by the Land Division Committee January 26, 1987.
Of particular interest to the Authority regarding the proposed severance
application is the possible addition of the Black Creek valley block to the
existing residential lot on the 6th concession road. This would resolve the
issue of ownership of valleylands and would permit development to occur on
the lands in question without creating multiple valleyland ownerships. The
delineation and disposition of the Black Creek valley system is our major
concern regarding plan of subdivision 18T-86058.
Provided the eastern lot limits in this subdivision plan do not extend
farther east than the line shown in red on the attached copy, we would find
the rear lot limits to be acceptable. The Regional Official Plan indication
of Hazard Lands for the valley system could then be addressed to our
satisfaction. An adjustment to the rear lot limits in 18T-86058, abutting
Block 14, will be required to bring the western boundary of this application
LD 30/87, to be reviewed by the Land Division Committee January 26, 1987.
Our remaining concern is for the need to protect the Black Creek from the
effects of sedimentation during the grading phase, and to ensure that water
quality is not unduly degraded from the use of private sewage disposal
systems.
Based on the foregoing, this Authority would have no objection to 18T-86058
(13 lots, project number 46739) receiving draft approval, subject to the
following conditions:
1. No grading, filling or construction essential to storm servicing shall
occur without the written approval of the Central Lake Ontario
Conservation Authority.
...7
~~~,
REPURT NO.: PD-55-87
Page 7
Central Lake Ontario Conservation Authority - (Cont'd)
2. Prior to the commencement of site preparation, the owner shall submit
to the Central Lake Ontario Conservation Authority for approval,
details of sedimentation controls to be used on the site, and a
preliminary storm drainage plan for the site which includes the
locations of storm sewer outfalls in the Black Creek valley.
3. The plan which is draft approved shall be amended by adjusting the rear
lot limits of lots 3 to 8 as required to conform with that indicated in
red on the attached copy as per Land Division application LD 30/87.
4. Prior to final approval of the plan, the owner shall submit a
hydrogeological report of site conditions to the Central Lake Ontario
Conservation Authority for approval. Phis report shall detail site
stratigraphy, describe the extent and significance of confined and
unconfined waterbearing formations on and off-site, and relate these
factors to potent ial cumulative effects on the Black Creek of
individual sewage disposal systems. Planning considerations and
mitigative measures to be employed to minimize negative effects should
be provided.
5. The owner shall agree in the subdivision agreement:
a) to abide by condition 1;
b) to carry-out or cause to be carried-out to the satisfaction of the
Central Lake Ontario Conservation Authority:
i) the sedimentation control and storm drainage plans for the
site; and
ii) the recommendations of the Hydrogeological report for the
site.
Upon issuance of the conditions of draft approval, please indicate that the
Authority is required to clear conditions 3, 4 and 5 before final approval
can be given. A copy of the signed subdivision agreement should be
forwarded to the Authority to facilitate our clearance of incorporated
conditions."
Ministry of the Environment
"We have reviewed the application and recommend draft approval be
conditional upon:
1. Prior to final approval, the Ministry of the Environment shall be in
receipt of a hydrol ogi st' s report which ascertai ns the avai 1 abi li ty of
an adequate supply of potable water to service the development. The
...8
(~~
REkCI~,T-: NO.: PD-55-87 Page 7
Ministry of the Environment - (Cont'd)
report should comment on existing quality as well as the potential for
cross-examination and well interference.
2. Prior to final approval, the Ministry of the Environment shall be
notified by copy of the fully executed subdivision agreement between
the developer and the municipality that the recommendations of the
hydrologist's report, as approved by the Ministry of the Environment,
shall be implemented by requirements of the subdivision agreement."
CUI~IMENT:
1-his subdivision proposal has been through a number of modifications as to
its exact shape and as to the design of the lots. The proposal as it is now
being presented appears to have addressed the concerns which were raised
during the circulation process.
From the comments presented herein, it is clear that protection of the
valley 1 ands i s of utmost concern. The exclusion from the sub division of
these lands seems to be the best method available to ensure that the land is
not developed. The Land Division applications will have this land meld
with an existing property to the north. No new lot will be created in the
valley. The conditions of draft approval shall address the means required
to ensure that construction will not adversely effect the valley.
Upon review of Land Division applications from "1985 it became apparent that
there was one (1) application (LD 322/85) fronting Solina Road which did not
have the conditions fulfilled prior to the expiry of the decision of the
Land Division Committee. This lot is adjoining the north side of the
proposed access road for this subdivision. This was not shown as additional
lands owned by the applicant, nor was it included in the Plan of Subdivision
application. Staff have discussed this with the Region of Durham Planning
Department and it was agreed that this land should be included in the plan.
Staff have redlined the attached plan to include this property.
...9
L~~~
REPORT NO.: PD-55-87 Page 8
The subject lands are within the "Residential Hamlet (RH)" zone of the
Zoning By-law. This zone requires a minimum of 30 metres of frontage and
3,000 m2 of lot area for each lot. While the subdivision is capable of
complying with the requirements for each lot, within the current design five
(5) lots do not conform. Staff have had discussions with the applicant's
Engineer and the necessary relotting is to be completed in compliance with
Hy-law 84-63. Staff have included, as a condition of approval, that the
minor relotting be completed prior to the sub division agreement being
entered i nto .
Staff respectfully recommends that this application for subdivision
18T-86058, be approved, subject to the following conditions and subject to
the attached plan, as revised in red.
Respectfully submitted,
TFC*TTE*jip
*Attach.
February 9, 1987
Applicant: Mr. V. Huttman
786 Adelaide Avenue
USHAWA, Ontario
L1G 2A9
Recommended for presentation
to the Committee
~k
+~rence , Kotsett
ief A minnstrative Officer
i
~~~
ATTACHMENT NU. 1 TU REPORT PD-55-87
~~ TOWN OF" NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-86058
1. That this approval shall apply to a draft Plan of Subdivision
18T-86058, dated October 3, 1986, as revised in red, prepared by
H.F. Grandler, showing fourteen (14) lots for single family
dwellings.
2. That the developer enter into a Subdivision Agreement with the
Town of Newcastle.
3. That the Owner agrees to pay to the Town of Newcastle, the cash
value of the five percent (5%) parkland dedication in lieu of
parkland.
4. That the road allowances included in this draft plan be dedicated
as public highways.
5. That the road allowances in the plan be named to the satisfaction
of the Town of Newcastle and the Regional Municipality of Durham.
6. That the Owner agrees to satisfy all other requirements of the
Town of Newcastle, financi al or otherwise. Thi s shal 1 include,
among other matters, execution of a Subdivision Agreement between
the Owner and the Town concerning the provision and inst allation
of roads, services, drainage etc.
7. That the Owner covenants and agrees to negotiate with the Town of
Newcastle a cash contribution for Fire Protection purposes.
8. That the Owner agrees to satisfy the requirements of the Region of
Durham Heath Unit with respect to the location on each lot of the
well and private sewage disposal system and the submission of a
final grading plan.
9. That the Owner agrees to revise the draft Plan of Subdivision so
that the frontages and areas of the proposed lots comply with the
requirements of the "Residential Hamlet (RH)" zone of By-law 84-63
as amended, being the Town's Comprehensive Zoning By-law.
10. That the Owner agrees to satisfy all other requirements of the
Town of Newcastle, financi ally and otherwi se.
11. That the necessary amendment to By-law 84-63, as amended, of the
Town of Newcastle, be approved and in effect.
12. That the Owner agrees, in writing, to satisfy all the
requirements, financial and otherwise, of the Region of Durham.
...2
~~~
,-
Page 2 of ATTACHMENT N0. 1 TU REPORT PD-55-87
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-86058
13. That all works are completed i n accordance with the Town of
Newcastle's Design Criteria and Standard Drawings.
14. That any easements required by the Town be granted free and clear of
any encumbrances.
15. That the developer will bear the costs (100%) of any works on Solina
Road which are necessitated as a result of this development.
16. That the utility distribution on the cul-de-sac (Hydro, Bell, Cable TV
etc.) be installed underground and that all secondary services for the
proposed lots be underground.
17. That the developer contributes to the costs of reconstructing Solina
Road in accordance with Town Policy.
18. That the owner meet all the requirements of the Public Works
Department, financial or otherwise.
19. That the owner enter into a Development Agreement with the Town and
that this department be kept informed of the status of same at all
times.
20. The developer is required to provide street lighting on the cul-de-sac
to the satisfaction of this Department.
21. All of the other standard requirements re: Lot Grading, Schedules of
Work, Performance Guarantees, Cost Estimates, etc., should be included
in the Subdivision Agreement.
L2. That the subdivider pay for those service charges and/or development
charge levies which are in effect at the time of registration of any
portion of this plan. Said service charges shall pertain to those
servi ces which are the responsi bi li ty of the Regional Municipality of
Durham.
23. That if this subdivision is to be developed by more than one
registration, the subdivider be required to submit a plan showing the
proposed phasing, all to the satisfaction of the Regional Municipality
of Durham
24. Prior to any grading or construction on the site, the owner shall
prepare a stormwater and erosion control plan which shall be acceptable
to the Ministry of Natural Resources. This plan will show all proposed
surface drainage works and wi 11 describe the means to mi ni rrii ze erosion
and the direct discharge of stormwater flow into Black Creek.
...3
Page 3 of ATTACHMENT NU. 1 TO REPORT PD-55-87
TOWN OF NEWCASTLE CU NDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-86058
25. Prior to any grading or construction on the site, the owner shall erect
a snowfence or other suitable barrier along the western boundary of
Block 14 (as indicated on the attached plan). This barrier shall
remain in place until such time as all grading, construction and
landscaping of the site are completed and shall be maintained to
prevent the placement of fill or removal of vegetation within the
val1eylands of Black Creek.
26. The Subdivision Agreement between the owner and the municipality shall
contain the following provisions in wording acceptable to the Ministry
of Natural Resources:
a) That the owner agrees to implement 'the stormwater and erosion
control plan for the site as required in Condition No. 2 above.
b) That the owner agrees to construct and maintain the barrier as
required in Condition No. 25 above.
c) That the owner agrees to neither dam, dredge, nor alter Black
Creek in any way without the prior written authorization of the
Ministry of Natural Resources.
27. Prior to final approval, the Ministry of the Environment shall be in
receipt of a hydrologist's report which ascertains the availability of
an adequate supply of potable water to se rvice the development. The
report should comment on existing quality as well as the potential for
cross-examination and well interference.
28. Prior to final approval, the Ministry of the Environment shall be
notified by copy of the fully executed sub di vision agreement between
the developer and the municipality that the recommendations of the
hydrologist's report, as approved by the Ministry of the Environment,
shall be implemented by requirements of the subdivision agreement.
29. No grading, filling or construction essential to storm servicing shall
occur without the written approval of the Central Lake Ontario
Conservation Authority.
30. Prior to the commencement of site preparation, the owner shall submit
to the Central Lake Ontario Conservation Authori ty for approval ,
details of sedimentation controls to be used on the site, and a
preliminary storm drainage plan for the site which includes the
locations of storm sewer outfalls in the Black Creek valley.
31. The plan which is draft approved shall be amended by adjusting the rear
lot limits of lots 3 to 8 as required to conform with that indicated in
red on the attached copy as per Land Division application LD 30/87.
~~~
...4
~~~~
Page 4 of ATTACHMENT NU. 1 TO REPORT PD-55-87
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-86058
32. Prior to final approval of the plan, the owner shall submit a
by drogeological report of site conditions to the Central Lake Ontario
Conservation Authority for approval. This report shall detail site
stratigraphy, describe the extent and significance of confined and
unconfined waterbearing formations on and off-site, and relate these
factors to potential cumulative effects on the Black Creek of
individual sewage disposal systems. Planning considerations and
mitigative measures to be employed to minimize negative effects should
be provided.
33. l~he owner shall agree in the subdivision agreement:
a) to abide by condition 29;
b) to carry-out or cause to be carried-out to the satisfaction of the
Central Lake Ontario Conservation Authority:
i) the sedimentation control and storm drainage plans for the
site; and
ii) the recommendations of the Hydrogeological report for the
S1 to .
34. Prior to final approval the Central Lake Ontario Conservation Authority
must clear Condition Numbers 31, 32 and 33.
~~~
~.
t'•
ti ; e6
~~ S I
---
-~ --
= i
N~+
1. 1.LL.~
_ __ 777 ~ 1
e
e
a
t~o
:s~
°~a
~k~~
5 a
t
.. _
~ ~~
j $ ~
I
~~~ ~.
LL
~az°
~
c
n
Z w~z ~
mp
~
ca ~ ~
o~
wY 8
~.
y
V7wF~o ~ ~ ~ ~ E ~ I ~ sW
~~a~
o~a4 ~ z S~
~ ~
~6 ,~ g
I~ i~~'
~u~y~~~o x~X _o ~°
f-
J
'Q
~-3
~
~
° 3~
a ~;a Hipp
t
y t~
~
S ~.~=~~=
o
r
Z
~
~
~
N a o h C ` i ~
C~ Ot
k
o
~z o ~ ~ :
~a
j {..
Ll JQ= iCQY Lyra o' `~ O
~~'~ ~ u~Y w
~Oo ~FN~ Q°, ~ h o
a
~nt~
Q~~~~<~ a~E8a6~ =CY E z ~ Y ~
~~ ~
~
\~
ON1'IIfNY! .~
1 t
T ~ ~
I ~ 1 fit ~\"~ i f i
~ ~ i
j ~ ~
~ _ ' f
uw„
r C2 @ fZ 4d0-~ N7)Md39 39NtlM OlIV OYON
ovoa vNnos
-__ _..
_!
~„1, ~„
.-~
~~'~»q.
~~'~..
~--
\ ~Mw1IX171WylNM Mf! 1L
s
1~ ,~ ~ ~ a b ~.r
. , ...
b e.w ~ - -
fnl p ~ ~~ 7 3
~ ' •octaaN ~ •.. .rf •t.. i o.f
tN AI ~ N,01,It rIIN
'~ a
~~ _ trou N,N,u.nr i ~ ~~ \
tlf'It NPOJtrfIN 'A ~f1r(IM ~pffgll~
,~\~ -~_ '
~- //-
v - I
r ~ - - ,
_ ~~' ~
~ Mr~~- N q,N~lfrtlN• '~ \ y/ ~~1~ ~ 1 Il ~I
i _
g ~rC `~ \ fC
/ ~.'
W Irrr~/~/ ~ __~_ / fit ~~\yy, ~t
W
a~
r00
i~~~
THE CORPORATION OF THE TOWN OF NEWCASTLE
~Y-LAW NUMBER 87-
being a By-law to authorize the entering into of an Agreement with 677922
Untario Limited and the Corporation of the Town of Newcastle.
The Council of the Corporation of the Town of Newcastle hereby enacts as
follows:
1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of
the Corporation of the Town of Newcastle, and seal with the Corporation's seal,
an Agreement between 677922 Ontario Limited and the said Corporation dated the
day of 1987, in the form attached hereto as Schedule
..X~~~
2. THAT Schedule "X" attached hereto forms part of this by-law.
BY-LAW read a first time this day of 1987
BY-LAW read a second time this day of 1987
BY-LAW read a third time and finally passed this day of
1987