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TOWN OF NEWCASTLE
REPORT File # //'"~-` o
Res. # ~-
By-Law # ~
Imo: General Purpose and Administration Committee
~~ ~ Monday, March 2, 1987
T #: PD-s~ -s7 FII~ #: 18T_g~41.2-
CT: APPLICATION FOR SUBDIVISION APPROVAL
B.W. HEMING
PT. LOT 9, CONCESSION 7, FORMER TWP. OF DARLINGTON
FILE: 18T-86012
RECD ENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-61-87 be received; and
`L. THAT the Region of Durham be advised that the Town of Newcastle recommends approval
of the draft plan of Subdivision 18T-86012, dated as revised August 29, 1986, as
revised in red, subject to the conditions contained in Attachment No. 1 to this
Report; and
3. THAT a copy of Report PD-61-87 be forwarded to the Region of Durham; and
4. THAT the attached by-law authorizing execution of a Subdivision Agreement between
Mr. B.W. Herring and the Corporation of the Town of Newcastle be approved; and
5. THAT the Mayor and Clerk be authorized to execute the Subdivision Agreement between
B.W. Herring and the Corporation of the Town of Newcastle at such time as an
agreement has been finalized to the sati sfaction of the Director of Public Works
and Director of Planning.
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REPORT NU.: PD-61-87 page 2
BACKGROUND:
On February 20, 1986 the Planning Department received an application from
Nlr. B. Herring for a Plan of Subdivision in the Hamlet of Tyrone. The
original submission called for eleven (11) lots to be constructed on a
cul-de-sac with the possi bi "li ty of extending this to the north, completing a
crescent. This application was circulated by Staff.
The subject lands are designated as being within the Hamlet of Tyrone.
Section 10.4.1.4 provides for minor additions to existing development.
There are approximately 86 dwel 1 i ngs or residenti al bui 1 di ng 1 of s within the
Hamlet boundaries. The proposed subdivision, as submitted, would constitute
approximately an 8% increase in development, which would be considered
minor.
At the same time, an application to amend the Hamlet Development Plan was
brought forward. The subject lands are designated as "Short Term
Residential Expansion" with a maximum density of seven (7) lots. After
pursuing the application to amend the Hamlet Development Plan and
encountering opposition, the applicant decided to amend the Plan of
Subdivision to show the development of seven (7) lots. All of the revised
subdivision is within the Hamlet and within the "Short Term Expansion" area.
The revised plan, dated August 29, 1986, appears to comply with the
applicable provisions of the Hamlet Plan. The applicant has submitted an
Engineering Report which is based upon test drilling. This testing must
confirm:
"(i) Soil conditions satisfactory for the effective operation of a
private waste disposal system; and
(ii) No adverse effects upon existing water supplies and an adequate
supply of potable water to service the proposed development; and
(iii) An adequate separation between water table and septic the fields."
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REPURT NO.: PU-61-87
Page 3
This study was completed in June, 1986, and appears to have addressed the
issues set out above. Provided the Health Services Department of the Region
i s of the opinion that septic systems are vi able on these lots, the
reduction in size to 0.3 hectares minimum is acceptable. Staff believes
that this proposal complies with the applicable provisions of the Hamlet
Plan. The Official Plan also requires that the wells be drilled to the
deeper aquifers.
The current zoning of the subject lands is "Holding - Residential Hamlet
((H)RH)" zone. The applicant will be required to make application to have
the Holding symbol removed. This will be done after the subdivision
agreement has been entered into.
In accordance with departmental procedures, the application was circulated
to obtain comments from other departments and agencies. Staff would note
the following departments/agencies, in providing comments, offered no
objections to the application as filed:
- Peterborough-Victoria-Northumberland and
Newcastle Board of Education
- Ministry of Natural Resources
- Ontario Hydro
The following is a summary of the comments which have been received.
Ministry of the Environment
"Staff have reviewed the above-mentioned application and note that
individual wells and- subsuraface sewage disposal systems are proposed. We
therefore recommend draft approval be conditional upon:
"Prior to final approval, the Ministry of the Environment is to be in
receipt of a Hydrologist's Report which ascertains the availability
of an adequate supply of potable water to service the development.
Report should comment on the existing quality as well as the
potential for cross-contamination and well interference.""
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REPORT NO.: PD-61-87
Page 4
Newcastle Public Works Department
"We have reviewed the revision of the application for Plan of Subdivision as
noted above, and we have no objection subject to the following conditions:
1. That all works are completed in accordance with the Town of
Newcastle's Design Criteri a and Standard Drawings;
2. That 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 which are
necessitated as a result of this development (i.e. ditching);
4. That the utility distribution on the cul-de-sac (Hydro, Bell, Cable TV
etc.) be installed underground and that ali secondary services for the
proposed lots be underground;
5. That the developer is required to provide street lighting within the
proposed subdivision and to make a contribution to illumination along
Regional Road No. 14, to the satisfaction of this Department;
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 this department be kept informed of the status of same at all
times;
8. All of the other standard requirements re: Lot Grading, Schedules of
Work, Performance Guarantees, Cost Estimates, etc., should be included
in the Subdivision Agreement; and
D. That the Draft Plan be revised to incorporate our comments marked up in
red on attached plan."
Town of Newcastle Fire Department
"The Fire Department has no objection to the above-headed Plan of
Subdivision application.
Consideration should be given to Planning Department Report PD-40-84, Fire
Protection Requirements for Rural Development.
Response would be from Station #1 in Bowmanville. Water supply is by Fire
Department tanker truck."
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REPORT NO.: PD-61-87 Page 5
tegional Works Department
"Comments received from the Durham Region Works Department in response to
our second circulation indicate that this agency's consent for final
approval of the draft plan will be contingent on the following conditions
being reflected in a 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.
b) That the Owner agrees, in writing, to satisfy all requirements,
financial and otherwise, of the Region of Durham concerning the
provisions of roads and other Regional services.
c) That the developer obtain and dedicate to the Region, free and cle ar of
all encumbrances, a 12.19m x 4.57m sight triangle on the northwest
corner and a 26.OOm x 9.75m sight triangle on the southwest corner of
the proposed intersection of Regional Road No. 14. (A diagram
illustrating the location and dimensions of the triangles has been
enclosed)."
Newcastle Community Services Department
"Uur department has no objection to the plan of subdivision proposed. Block
8 would be required as a walkway to the park. Fencing and sidewalk would
also be required. It is also recommended that a sidewalk on at least one
side of the roadway be required. Fencing separating the park and lots 2, 3,
4, and 5 would also be required as part of the Subdivision Agreement."
Central Lake Ontario Conservation Authority
"Thank you for providing the opportunity to comment on the above proposal.
The draft plan indicates that storm drainage of the site will be directed
through open ditches to the roadside ditch along Regional Road No. 14. The
receiving watercourse for this drainage is a highly sensitive reach of the
Soper Creek.
This reach of Soper Creek is documented in both the Authority's Watershed
Plan and Environmental Sensitivity Nlapping Project as having clean, cold
water and supporting brook, brown and rainbow trout. The presence of trout
in the upper reach of the watercourse is an indication that local spawning
occurs.
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REPURT NU.: PD-61-87 Page 5
Central Lake Ontario Conservation Authority - (Cont'd)
The proposed land use change from agricultural field to residential housing
wi11 result in increases in the rate and amount of storm water run-off. It
can be expected that during the construction and lot grading phases of
development, the quality of run-off water will be significantly degraded
through increased sediment load.
Any increase in the sediment load of waters discharged into the creek may
have a negative impact on the suitability of this reach for salmonids.
Authority Staff are concerned that the development of this site may result
in conditions that would be unfavourable to the Soper Creek fishery.
If this proposal is to receive draft approval, the following conditions
should be applied on our behalf:
1) Prior to commencement of site preparation, the Owner shall submit to
the Central Lake Ontario Conservation Authority for its approval ,
details of implementing sediment control for all phases of development
activity.
2) No grading or filling shall occur on the site without the prior written
approval of the Central Lake Untario Conservation Authority.
3) The Uwner shall agree in the subdivision agreement to carry-out or
cause to be carried-out those matters referenced in Conditions 1 and
2."
Regional Health Unit
The above application for subdivision has been investigated by this Health
Department, and insofar as health matters are concerned, there are no
obj ecti ons to i is approval .
However, this area is composed of clay-type soil, therefore granular fill
will be required as well as mantles, on some lots. Tile beds must be
located on higher ground and, depending on house location, sewage pumps may
be required due to slope of some lots, namely 2,3,4 & 5. However, this can
be dealt with when Certificates of Approval are issued for individual lots."
CUNiMENT:
Upon review of the subject lands Staff have no objection to the principle of
development on the subject lands. The site design appears to make the best
use of the rear lot area of the lands fronting onto Regional Road No. 14.
The area is scheduled for development in the short term and Staff are of the
opinion that the development of rear lots in this type of situation conforms
with the intent of the Official Plan.
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REPORT NO.: PD-61-87
Page 7
The Community Park, which is located immediately to the west will also be
enhanced with the addition of a pedestrian access through the subject site.
This will allow for access by the residents of this subdivision as well as
for those persons living to the east. Such access is important since the
park has such limited frontage on a maintained road.
Staff have noted that there is a barn and shed shown on Lot 1. Each of
these will have to be demolished.
Staff have no objection to the approval of the draft plan of Subdivision,
File 18T-86012, as revised in red, and subject to the conditions outlined in
Attachment No. 1 to this Report.
TFC*TTE*jip
*Attach.
February 18, 1987
CC: Mr. Bernard Herring
R.R. #5
BOWMANVILLE, Ontario
L1C 3K6
Recommended for presentation
to the Committee
~awrence~~.,~KOtsett
Chief Ad ih`'i strati ve Officer
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ATTACHMENT NU. 1 TU REPORT PD-61-87
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APP RUVAL
SUBDIVISION APPLICATION 18T-86012
1. That this approval shall apply to a draft Plan of Subdivision
18T-86012, dated revised August 29, 1986, Job No. 1-6852, as revised
in red, prepared by Donevan and Fleischmann Co. Ltd., showing
seven (/) 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 Nlunicipality of Durham.
6. That the Uwner agrees to satisfy all other requirements of the
Town of Newcastle, financi al or otherwi se. This shat 'I 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 Uwner covenants and agrees to negotiate with the Town of
Newcastle a cash contribution for Fire Protection purposes.
8. That the Uwner 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, financially and otherwise.
11. That the necessary amendment to By-law 84-63, as amended, of the
Town of Newcastle, be approved and in effect.
12. That all works are completed in accordance with the Town of
Newcastle's Design Criteria and Standard drawings.
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Page 2 of ATTACHMENT N0. 1 TO REPORT PD-61-87
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APP ROVAL
SUBDIVISION APPLICATION 18T-86012
13. That any easements required by the Town be granted free and clear of
any encumbrances.
14. That the developer will bear the costs (100%) of any works which are
necessitated as a result of this development (i.e. ditching).
15. 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.
16. That the developer is required to provide street lighting within the
proposed subdivision and to make a contribution to illumination along
Regional Road No. 14, to the satisfaction of this Department.
17. That the owner meet all the requirements of the Public Works
Department, financial or otherwise.
18. 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.
19. All of the other standard requirements re: Lot Grading, Schedules of
Work, Performance Guarantees, Cost Estimates, etc., should be included
in the Subdivision Agreement.
ZU. That the Draft Plan be revised to incorporate our comments marked up in
red on attached plan.
21. That Block 8 be dedicated as a public walkway and the walkway be fenced
and a 5.Om sidewalk be provi ded along the length of the walkway.
22. That fencing be provided separating Lots 2, 3, 4, and 5 from the
Community Park.
23. 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.
24. That the Owner agrees in writing to satisfy all requirements, financial
and otherwise, of the Region of Durham concerning the provisions of
roads and other Regional services.
25. That the developer obtain and dedicate to the Region, free and clear of
all encumbrances, a 12.19m x 4.57m sight triangle on the northwest
corner and a 26.OOm x 9.57m sight triangle on the southwest corner of
the proposed intersection of Regional Road No. 14.
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Page 3 of ATTACHMENT N0. 1 TO REPORT PD-61-87
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-86012
26. 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 service the development. The
report should comment on existing quality as well as the potential for
cross-examination and well interference.
27. Prior to the commencement of site preparation, the owner stall submit
to the Central Lake Ontario Conservation Authority for approv al,
details of implementing sedimentation control for all phases of
development activity.
28. No grading or filling shall occur on the site without the prior written
approval of the Central Lake Ontario Conservation Authori ty.
29. The Owner shall agree in the subdivision agreement to carry-out or
cause to be carried-out those matters referenced in Conditio ns 27 and
28 .
30. That the applicant agrees to demolish the barn and shed shown on Lot 1.
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TYROfVE 18T-86012
THE CURPURATIUN OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 87-
being a By-law to authorize the entering into of an Agreement with Mr. B.W.
Herring 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 Mr. B.W. Heming and the said Corporation dated the
day of 1987, in the form attached hereto as Schedule "X".
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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
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