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HomeMy WebLinkAboutPD-129-92 THE CORPORATION OF THE TOWN OF NEWCASTLE DN:WEST.GPA i)()C}>V() ,y;q.OLf:) p; ..D .0 File# ~ <:"1 Res. #Lr//J - 3% -:f -9 ;:u # ~d:{ ~ /3.LJ 9;<- /3/ PUBLIC MEETING Meeting: General Purpose and Administration Committee D~e: Tuesday, May 19, 1992 #: PD-1:i9-92 File #: DEV 89-55 821010 ONTARIO LIMITED (WESTLAKE ESTATES) OFFICIAL PLAN AMENDMENT APPLICATION - FILE 89-042 SUBDIVISION APPLICATION - FILE: 18T-89038 PART LOT 25, CONCESSION 6, FORMER TOWNSHIP OF DARLINGTON Recammpl'\rf::ltinn~' As directed by Council on October 15, 1991, it is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. That Report PD-129-92 be received; 2. THAT Amendment #50 to the Town of Newcastle Official Plan be adopted by by-law to permit the designation of the Hamlet of Solina as a Hamlet for Growth in accordance with Attachment No.2; 3. THAT the Proposed Plan of Subdivision 18T-89038 revised and dated May 8, 1992 and red-line revised, as per Attachment No.1, be approved subject to conditions contained in Attachment No.4; 4. THAT the Mayor and Clerk be authorized, by by-law, to execute a Subdivision Agreement between the Owner and the Town of Newcastle at such time as the agreement has been finalized to the satisfaction of the Director of Public Works and the Director of Planning; 5. THAT the amendment to By-law 84-63 attached hereto as Attachment No. 3 be forwarded to Council for approval and that the "Holding (H) symbol be removed by By-law upon execution of a Subdivision Agreement; 6. THAT a copy of this Report and Council's decision be forwarded to the Ministry of Municipal Affairs and Region of Durham Planning Department; and 7. THAT the interested parties listed in this Report be advised of Council's decision. 5.38 flECYCLED I'AI'Efl RPE~P)~~l': REPORT NO.: PD-129-92 PAGE 2 1. APPLICATION DETAILS 1.1 Applicant: 821010 ontario Limited (agent: Bruce Rondeau) 1.2 Owner: Doreen Westlake 1. 3 Official Plan: From: "Hamlet for Infilling", Amendment "Permanent Agricultural Reserve," and Area Subject to Development Restrictions" To: "Hamlet for Growth" and appropriate designations to permit development for a maximum of 45 lots 1.4 Subdivision: Proposal is for a forty (40) lot residential subdivision and two (2) blocks for five (5) additional lots in the future (See Attachment No.1) 1.5 Rezoning: Application is to rezone from "Agricultural Exception (A-1) & "Environmental Protection (EP)" to a zoning category appropriate to permit the development. 1.6 Area: 34.42 ha (85.05 acres) 2. LOCATION 2.1 Legal Description: Lot 25, Concession #6, former Township of Darlington. Relative Location: Northwest of the present Hamlet boundaries of Solina. 3. BACKGROUND 3.1 The following applications have been submitted by 821010 ontario Limited: C 7(1' '....\ '\ '7' -,....;. .".,,} . REPORT NO.: PD-129-92 PAGE 3 i) Application to amend the Durham Regional Official Plan and Newcastle Official Plan received May 1, 1989; ii) Application for a Plan of Subdivision received April 18, 1989; iii) Application to amend the Town's Comprehensive Zoning By-law 84-63 received April 5, 1989. 3.2 Two public meetings concerning the proposed development were held on September 5, 1989 and September 9, 1991. Planning Staff recommended denial of the application in Report 235-91 on October 7, 1991. At a meeting held on October 15, 1991, the Council of the Town of Newcastle approved a motion "THAT Official Plan Amendment Application 89-042/D/N, Subdivision Application 18T-89038, and Rezoning Application DEV 89-55 submitted by 821010 ontario Limited be referred back to Staff for the preparation of the necessary documentation and brought back to Council for final approval." 3.3 Prior to bringing back the documentation, it was necessary to request the Region of Durham to amend its Official Plan to redesignate the Hamlet of Solina from a "Hamlet for Infill" to a "Hamlet for Growth". Section 27 of the Planning Act, states that all amendments to local official plans must conform to the official plan of the upper tier municipality. In the case of the Town of Newcastle, no amendment can be made to the Town's Official Plan which is contrary to the Regional Official Plan. 3.4 On March 10, 1992, the Durham Region Official Plan was amended by Regional Council to redesignate the Hamlet of Solina from a "Hamlet for Infill" to a "Hamlet for 1540 REPORT NO.: PD-129-92 PAGE 4 Growth". Consequently, Planning staff is now able to bring forward the necessary documentation for final approval. 4. PUBLIC MEETING ON PROPOSED OFFICIAL PLAN AMENDMENT In accordance with the Town's procedures and the requirements of the Planning Act, it is necessary to hold a public meeting concerning the proposed official plan amendment. Notice of the public meeting was placed in the Bowmanville Statesman and Court ice News on April 8, 1992. 5. COMMENTS 5.1 A number of minor revisions have been made to the draft plan of subdivision. At the request of the Region and Town Planning Staff, the road system has been revised to establish a modified grid system and provide for future flexibility as follows: i) The road running beside lots 10, 21, and 22 was extended to the westerly portion of the site (lot 31) to provide a future access point. ii) A future access point has also been designated off Block 41 at the south-west corner. 5.2 Staff has had a number of discussions with the applicant to resolve outstanding issues. These matters have been incorporated into the Conditions of Draft Approval for the proposal Plan of Subdivision. 6. CONCLUSION 6.1 In accordance with Council's direction of October 15, 1991 and the subsequent designation of Solina as a Hamlet for Growth by Regional Council on March 10, 1992, Staff has prepared the necessary documentation, 5 4. 1 REPORT NO.: PD-129-92 PAGE 5 specifically the official plan amendment, zoning amendment and the conditions of approval for the related subdivision application. Respectfully submitted, Recommended for presentation to the Committee O~>\~~\ Franklin Wu, M.C.I.P. Director of Planning and Development TH*DC*FW*df *Attach 8 May 1992 Attachment #1 - Plan of Subdivision - 18T-89038 Attachment #2 - Official Plan Amendment Attachment #3 - zoning Amendment Attachment #4 - Conditions of Draft Approval Interested parties to be notified of Council and Committee's decision: Bruce Rondeau 821010 ontario Limited 278 Union Avenue Prince Albert, ontario. LOB 1PO Vella and Dalrymple Barristers and Solicitors P.O. Box 2247 187 King Street East Oshawa, ontario. L1H 7V5 " t; /~ :J ,+ ( REPORT NO.: PD-129-92 PAGE 6 George Vetzal 6489 Solina Road North R.R.#1 Hampton, ontario. LOB 1JO Betty and William Grant 6147 Rundle Road R.R.#1 Hampton, ontario. LOB 1JO viola Ashton 6092 Solina road R.R.#1 Hampton, ontario. LOB 1JO Dr. and Mrs. R.K. Miller R.R.#1 Hampton, ontario. LOB 1JO Paul smith Group 2, Box 36 R.R.#1 Hampton, ontario. LOB 1JO Frederick and Carmen Gimblett 22 Davis Court R.R.#1 Group 2, Box 22 Solina, ontario. LOB 1JO Janet Bennett-Cox 106 Fallingbrook Street Whitby, ontario. L1R 1X1 Tim Sawyer Group 2, Box 9 Hampton, ontario. LOB 1JO Mr. William G. Grant R.R.#1 Hampton, ontario. LOB 1JO Bruce Taylor R.R.#l Enniskillen, ontario. LOB 1HO F. Westlake R.R.#l Hampton, ontario. LOB 1JO Lisa and Milt Robinson Robinbrae Farms R.R.#l Barbara and Jim Kapteyn 6168 Solina Road R.R.#l Hampton, ontario. LOB lJO [...~.' f1 Z)". .J '1' 'c 'I ; ~ i: ~ !: W I- <[ 0"'", "'5 t--t ~ ~ ci CJ lL. ~>~~~ t-t ~Se.<<>- r- a~~~'= ~ ~~az~z w ww-:5Q:<( U iEP1~I-@i~ ~~~~~~ ~ ~~~~~: ~ t:5~~~c o ~wl-ww >- ~~~~~ Wu..... ::> > ~o ~ ~ ::J (/) <1_ -"" d~ vilri w"I ~I- >u ..0 "'", ZW ..I- ~.. 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'>\> / ~- ~ If) L.:J o ../ /' . .. ;:PiW/(A; ~ '(,-f-. ~ ~ B ~ i~ /'" V 4 .: I: ~ . ll, ) 11~Y n ( /...\.',~ ~- ~ E t; ~ i- '11\ III !jDIIII ('. \(/ (, :-,-?:{//:JJ/ ~ ~ 0: , It .J ill ;,r ---- - (--,; , I'Q li~ll~ \ s; ......J~w i, ~ ' - · <[WI ! :Z~I- i ~ ~s ....... Q ...... <[ w ~ <[ ~ ~~Oll c C:G2 " qg:) '.. .'~. .'~':.. :~: .t~~. .: .:1. ATTACHMENT NO. 2 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 92- Being a By-law to adopt Amendment Number 50 to the Official Plan of the Town of Newcastle. WHEREAS section 17 (6) of the Planning Act, 1983, as amended, authorizes the Town of Newcastle to pass by-laws for the adoption of or repeal of Official Plans and amendments thereto. AND WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend the Official Plan of the Town of Newcastle to designate the Hamlet of Solina as a 'Hamlet for Growth'. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. That Amendment Number 50 to the Official Plan of the Town of Newcastle, being the attached Exhibit 'A' and Explanatory Text, is hereby adopted. 2. That the Clerk of the Town of Newcastle is hereby authorized and directed to make application to the Minister of Municipal Affairs for approval of the afore-mentioned Amendment Number 50 to the Official Plan of the Town of Newcastle. 3. That this By-law shall come into force and take effect on the day of the final passing thereof. BY-LAW read first time this day of , 1992. BY-LAW read a second time this day of , 1992. BY-LAW read a third time and finally passed this day of , 1992. MAYOR CLERK C)' .f: r.) "., ''1' ~ AMENDMENT NO. 50 TO THE TOWN OF NEWCASTLE OFFICIAL PLAN PURPOSE:, LOCATION: BASIS: ACTUAL AMENDMENT: The purpose of this amendment is to designate the Hamlet of Solina as a "Hamlet for Growth" with a capacity for 150 residential units. It would also extend the hamlet boundaries to include a 32.4 ha (80.1 acres) parcel of land in Part Lot 25, Concession 6, former Township of Darlington (as shown on Exhibit 'W'). A maximum of 45 residential units would be permitted in the expansion area. The, lands subject to this amendment are located on Part Lot 25, Concession 6, former Township of Darlington (Hamlet of Solina). The basis of this amendment is an Official Plan Amendment application filed by 821010 Ontario Ltd. for development of a 45 lot residential subdivision, approved by the Council of the Town of Newcastle. The Town of Newcastle Official Plan is hereby amended. as follows: 1. By deleting the existing subsection 9.2(i) and replacing it as follows: 9.2 i) The Hamlets of Burketon Station, Enniskillen and Solina have been designated as "Hamlet for Growth". Generally the following growth limits shall apply: Burketon Station Enniskillen Solina 150 Units total 200 units total 150 units total 2. In Section 9.3 (i) by deleting all reference to Solina. 3. In Section 9.4, by adding the following new subsection: (xi) In the Hamlet of Solina, the lands designated "Residential Expansion" and indicated as "Special Policy Area A" may not be used for residential purposes until such time as a post-development hydrogeological evaluation has been completed for adjacent lands to the north and subject to the approval of the Durham Region Health Services Department and the Ministry of the Environment i:\ ft 6 ,J ~'t . . 1 PAGE 2 4. By amending Schedule 9-1, as shown on Exhibit' A' attached. IMPLEMENTATION: The provisions set forth in the Town of Newcastle Official Plan as , amended, regarding the implementation of the Plan shall apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the Town of Newcastle Official Plan, as amended, regarding the interpretation of the Plan shall apply in regard to this Amendment.. (') 4 7' EXHIBIT "A" TO AMENDMENT No. 50 TO THE OFFICIAL PLAN OF THE TOWN OF NEWCASTLE (0 SOLINA SECONDARY PLAN SCHEDULE 9-1 TOWN OF NEWCASTLE OFFICIAL PLAN DESIGNATE AS RESIDENTIAL EXPANSION II (MAX. 40 UNITS) INDICATE "POSSIBLE ACCESS POINTS" DESIGNATE AS II EXISTING RESIDENTIAL II INDICATE .. SPECIAL POLICY AREA I A' II . (MAX. 5 UNITS) z Q (J) (J) UJ U Z o u ;~,:~~~\I,..~~~"'.S .i<'; \'~\J"\ t \'~'~~..!~I .it\~:(\f~~\i9~~i, '--'~'-'1....,;\,~.t("I,....\ '-.J I...,,-:,~\{-I~;r.:'i"!."..,\<.l . ~~1 )5~,:.~}:;~~'~ I:~~I!. \ i;{'..~~"''i~f,':.~:~:.t~'''' ~;~; \/...v'...r'''l~'''';:: I 1-"_',' ,~/,,\,':. I..::;I{ It"!.:' ,:~..\;;' ~/\..~ .. .'-"""(' ~I"\'" ..',"'~' ...i\..,~",,~~,/;~"'1 ~': I\I:~~~ ~~ibi(\"'~;\~\ :\'...';:'t~..,~ ,-"..'1(;;" ~\'i \.~'~~,.. ,..:~, '.:'t.~I.~ f:."~~~)...{;{'''(.'..\'~: '~:''''''\,\I\,)~~,; ,.r,J ..';' t~\""'I"",'I..\'" )"~ ~.! "I-/~ :.\I\-r~,/ r..~,~;,:.'\<..r!'~..;,\1. . ~i", l: ~/l',(.."t"i- ,'!.. if... ,:,' ~""~I..!.,~!.I/'(,/I,? 4,{:I/", ~,~ '.' :{1t~\~~~~~.:~:;;,;r.t ( ~ i-,l"'''-,:",~';;j" 1 !~~~';~~;I,~I',' $ \i't~i<~~~~,~~; \ ";!.~~'~'i"t>.~.: . '-I '-'\"'~.'~i c=J Exlsllng Residential III Re~ldenllallnfllllnQ ~ Residential, ExpansIon 1:"':':':':"'1 Lan<;! Term .:::.:.:.:.::: ResIdential ExpansIon IIIIIIlIlII Community Facility ~ Community Park ~ Elementary School ~ Senior Elementary School .. Commercial Utility lO Area SubJeclta Development Restrlctlans ~ Possible Access Palnls Limit of -. -Hamlet Secondary Plan z Q (J) (J) UJ U z 8 LOT 25 24 ~ ~ o '00 200m LOT .- I 8 f ') I.L ' .' I DECEMBER 1 1991 ATTACHMENT NO. 3 CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 92- Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle on May 25, 1992 has recommended to the Region of Durham for approval of draft Plan of Subdivision 18T-89038i AND, WHEREAS the Town of Newcastle Council on May 25, 1992 approved Official Plan Amendment Application 89-042/N and has recommended to the Ministry of Municipal Affairs approval of samei AND WHEREAS said by-law is passed pursuant to section 24(2) of the Planning Act, whereby it would not come into effect until such time as the appropriate Official Plan Amendment has received Ministerial approvali AND WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend By-law 84-63, as amended, of the corporation of the Town of Newcastle to implement the plan of subdivision 18T-89038i NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Schedule 8 to By-law 84-63 as amended, is hereby amended by changing the zone designation from: "Agriculture Exception (A-1)" 'to "HOlding - Residential Hamlet (H)RH". 2. Schedule "A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of sections 24(2) and 34(21) of the Planning Act. BY-LAW read a first time this BY-LAW read a second time this BY-LAW read a third time and finally 1992. day of day of passed this 1992. 1992. day of MAYOR CLERK 'T../1.0 .)'1' / This is Schedule "A" to By-law 92-~, passed this~day of , 1992A.D. 1.:.:.:.:.:.1 ZONING CHANGE FROM'A-IITO'(H)RH' 1:::::::1 ZONING TO REMAIN' A-II ta:RJZONING TO REMAIN' EP' _ZONING TO REMAIN I RH' Mayor O. ea 100 200 &lOm ~__, I 1OO75ea2ll 0 Clerk LOT 25 LOT 26 <D Z o CJ) en w (.) z o (.) SOLlNA 24 I LOT 23 <D Z o en en w (.) z o (.) o 50 100 200 300m p,,\'-- , eam 0 ~ ATTACHMENT NO. 4 CONDITIONS OF APPROVAL OF FINAL PLAN OF REGISTRATION PLAN IDENTIFICATION 1. That this approval applies to draft Plan of Subdivision 18T- 89038 prepared by R.W. Bruynson Inc., dated (revised) May 8, 1992, and red-line revised showing Lots 1 to 40 inclusive for single detached dwellings; Blocks 41 and 42 Future Development; Block 43 for a Storm Water Detention Facility and Open Space Uses and various blocks for reserve, road widening, etc. FINAL PLAN REQUIREMENTS 2. That all streets within the Plan of Subdivision shall be dedicated as pUblic highway and shown as such on the final plan. 3. That all streets be named to the satisfaction of the Town of Newcastle and shown on the final plan. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 4. That the Owner shall'retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Public Works and the Director of Planning and Development for review and approval. The Landscaping Plan shall reflect the design criteria of the Town as amended from time to time. 5. That the Owner shall retain a qualified Engineer to prepare and submit a Hydrogeologist Report to the Director of Planning and Development to demonstrate that the proposed development will not adversely impact the existing wells in the surrounding areas. 6. That the Owner shall retain a professional Engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Director of Public Works for review and approval. All plans and drawings must conform to the Town's Design criteria as amended from time to time. 7. That the Owner shall be responsible for making application for a successful Zoning By-law Amendment to rezone the lands to permit the development of the proposed Plan of Subdivision. ~) 5 1 PAGE 2 8. That the Owner shall retain a qualified consultan~ to prepare and submit a Tree Preservation and Tree Planting Plan to the Director of Planning and Development for review and approval. REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 9. That the Owner shall enter into a Subdivision Agreement with the Town and'agree to abide by all terms and conditions of the Town's standard subdivision agreement, including, but not limited to the requirements that follow. 10. That all easements, road widening, and reserves as required by the Town shall be granted to the Town free and clear of all encumbrances. 11. That the Owner shall pay to the Town, the Development charges required by the Town Development Charge By-law in accordance with the Town payment schedule and shall pay any other charges in effect at the time of execution of this agreement. 12. That the Owner shall provide and install street lights, temporary turning circles etc., as per the Town's standards and criteria. 13. The Owner shall cause all utilities, including, hydro, telephone, etc., to be buried underground for both primary and secondary services. 14. That the Owner shall provide the Town, at the time of execution of the subdivision agreement, Letters of Credit acceptable to the Town's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as may be required by the Town. 15. That prior to the issuance of building permits, the Owner shall retain an architect to prepare and submit an Architectural Control Plan to the Director of Planning and Development. The architect shall further certify that the said Plan has achieved the objectives of providing: a variety of housing style; attractive streetscape treatment; harmony of colour, style and exterior materials used, etc. 552 PAGE 3 16. That prior to the issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the ontario Building Code and, that the Owner agrees that during construction, fire access routes to be maintained according to Subsection 2.5.1.2 of the ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the ontario Fire Code. 17. The Owner agrees that where the well or private water supply of any person is interfered with as a result of construction or the development of the subdivision, the Owner shall at his expense, either connect the affected party to municipal water supply system or provide a new well or private water system so that water supplied to the affected party shall be of quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. 18. That sight triangles 10 m x 6 m along with 0.3 m reserves be dedicated to the Town at the corners of the proposed streets which enter onto Solina Road. All other sight triangle are to be 4.5 m x 4.5 m. 19. That 0.3 m reserve be dedicated to the Town on the proposed street which meets the western limit of the proposed subdivision, as well as the properties adjacent to Solina Road and having internal frontage (including Block 46). 20. That the applicant will bear the costs (100%) of any works on Solina Road which are necessitated as a result of this development. (i,e., intersection improvements, turning lanes, utility relocation, ditch grading, sodding, entrance construction, etc.). 21. That the applicant/owner contributes to the costs of reconstructing/upgrading Solina Road in accordance with Town policy. 22. That the owner submit a Stormwater Management Report detailing all storm quantity and quality facilities, major/minor systems and erosion protection. The report should identify the operational and maintenance costs, consider issues related to potential liabilities onto the Town and information from other review agencies such as the Ministry of Natural Resources, the Ministry of Environment and the Central Lake ontario Conservation Authority. ~) ~) :3 PAGE 4 23. That the owner submit a Traffic Report assessing structural integrity and impacts on Solina Road, geometric of intersections, specific measurements on all right-of-ways, vertical and horizontal alignments, storage lane requirements. 24. That the 5% dedication requirement being accepted as cash- in-lieu and the funds realized being credited to the park Reserve Account. 25. That Block 43 be accepted gratuitously as open space. 26. That following construction of the storm detention pond, Block 43 be transferred to the Town in a maintainable condition acceptable to the Director of Community services 27. That the owner supply a fully detailed drawing of the open space block with existing and proposed elevations, proposed contours, the water depth of the ponds, details of all weirs, proposed tree planting, proposed grass cover, any underground services or armouring and any mechanical system or natural system connected with the hydraulics which may not be apparent. 28. That the owner agrees not to proceed with development on Blocks 41 and 42 until such time as the conditions for a post-development hydrogeological evaluation have been met in accordance with section 9.4(xi) of the Town of Newcastle Official Plan. 29. That the owner/developer satisfy the requirements of the Ministry of ,Natural Resources financial or otherwise. 30. That the owner/developer satisfy the requirements of the Central Lake ontario Conservation Authority financial or otherwise. 31. That the owner/developer satisfy the requirements of the Ministry of the Environment financial or otherwise. 32. That the owner/developer satisfy the requirements of the Regional Health Services Department financial or otherwise. IS4 PAGE 5 33. That the owner/developer satisfy the requirements of the Regional Works Department financial or otherwise. 34. That the owner/developer satisfy the requirements of the Northumberland and Newcastle Board of Education financial or otherwise. t'" r;=' J ~~ I