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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 ~~~ ~. 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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