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HomeMy WebLinkAboutPD-50-87~""'""'~~~~~ TOWN OF NEWCASTLE ~ J ~'~~}~~ ~~-~~~ REPORT 'r ~ti ~; ~ =„ ' -~ ~`~= NEFTIf~: General Purpose and Administration Committee DATE: Monday, February 16, 1987 T #® PD-50-87 FILE ~~ 85-30/D, 18T-85018 & DEV 85-19 CT: APPLICATION TO AMEND REGION OF DURHAPi OFFICIAL PLAN r FILE: 85-30/D PROPOSED PLAN OF SUBDIVISION - FILE: 18T-85018 REZONING~APPLICATION - DEV 85-19 591415 ONTARIO LIMITED (TOWNLINE ESTATES) PART LOTS 31 & 32, CONCESSION 4, TOWNSHIP OF DARLINGTON ~a-~ ~~~ File # ~ `e~~~ ~ .~ Res. # ,~~ _ -- By-Law # ` __ RECOPiNIENDATIONS: It is respectfu'Ily recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-50-87 be received; and 2. THAT the Region of Durham be advised that the Town of Newcastle has no objection to the draft approval of Proposed Plan of Subdivision 18T-85018 as revised January 7, * 1987, subject to the conditions as outlined by Attachment No. 2 to this Report; and 3. THAT a copy of Council's decision be forwarded to the Region of Durham, the applicant and the interested parties indicated hereto; and 4. THAT a copy of Staff Report PD-5U-87 be forwarded to the Region of Durham. BACKGROUND: On December 1, 1986, the General Purpose and Administration Committee considered Staff Report PD-263-86 and resolved (Resolution #GPA-1100-86) to recommend the following to Council: ...2 d (k) REPORT NO.: PD-50-87 Page 2 "THAT Report PD-'L63-86 be received; and THAT Report PD-72-86 be lifted from the table and received for information; and THAT the Region of Durham be advised that the Town of Newcastle has no objection to Official Plan Amendment Application 85-30/D submitted by 591415 Ontario Limited and revised to indicate a maximum of fifty-one (51) estate residential lots; and THAT the Region of Durham be further advised that the Town of Newcastle has no objection to the draft approval of the Proposed Plan of Subdivision 18T-85018 as revised to indicate fifty-one (51) lots and subj ect to the conditions outlined by Attachment No. 2 to th i s Report; and THAT Rezoning Application DEV 85-19 be approved and the attached by-law be forwarded to Council if and when Official Plan Amendment Application 85-30/U is approved by the Region of Durham and proposed plan of subdivision 18T-85018 is draft approved; and THAT the Subdivision Agreement contain a clause notifying the purchasers of the School Board Policy with respect to busing." On December 8, 1986, Council resolved (Resolution #C-1017-86) to endorse Committee's recommendation. Staff note that Report PD-263-865 and Council's decision relate to a revised Plan of Subdivision dated October 28, 1986. On January 15, 1987, the Region of Durham circulated the Town a further revision of the Townline Estates Subdivision Plan, dated January 7, 1987. This revision was necessitated by comments from the Ministry of Natural Resources objecting to the October 28, 1986 plan which indicated the rear lot lines of Lots 34 to 48 encroaching into the Farewell Creek valley. The Ministry indicated that, as a result of negotiations with the developer, it had been agreed that the rear lot lines of the lots abutting the valley would correspond with the top of bank. The most recent revision submitted by the Developer indicates the subject rear lot lines as being located along the top of bank. ...3 ~c~) REPORT NU.: PD-50-87 Page 3 The following comments have been submitted on the revised plan dated January 7, 1986: Ministry of Natural Resources "As the revised plan indicates, the rear of Lots 34 to 48 inclusive are now located along the top of the Farewell Creek valley slope. This revision alleviated the concerns outlined previously. In light of the above, this Ministry has no objection to the draft plan approval of this most recent revised plan dated January 7, 1987, provided that it be subject to the conditions outlined in our July 15, 1986 letter. Due to certain design changes to the plan, our conditions should be revised accordingly. " Central Lake Ontario Conservation Authority "Encroachment of lots into the valley has been a major concern of the Authority in review of previous plans submitted for this site. We understand that the Owner is willing to red-line the plan so that the rear 1 i mi is of the 1 ots abutti ng the valley respect the top of bank. Assuming that this is done, the Authority would be willing to agree to draft approval of the plan provided that conditions are placed on the approval to de al with the Authority's concerns. Our major objection to the proposal has been the owner's intention to divide the valleyland into multiple blocks rather than maintain it in one block. As you are aware, it is the Authority's position that protection of the sensitive features of the valley and of the integrity of the floodplain and watercourse can best be served if the valley is maintained as one parcel, preferably to be dedicated to a public agency. Although the valley in this area has been identified in the Conservation Planning Study which sets out the Authority's future property requirements as a potenti al acqui sition, the Authority is not prepared to obtain ownership at the present time. However, there have been some discussions about the possibility of the owner retaining the individual valleyland blocks, leasing them to the owners of the adjacent residential lots for a period of ten years at which point ownership of the valleylands would be assumed by the Authority. We would be prepared to accept the creation of multiple valleylands blocks on the basis of this type of arrangement, and consequently have suggested an appropriate condition of approval below. This arrangement would not be acceptable for Blocks 66 and 67 since they are located within a portion of the Harmony Creek floodplain which has not been recommended for Authority acquisition. Therefore, we ask that these blocks be deleted and added to the retained parcel to the north of the subdivision. ...4 ,~ ~~~ REPORT NO.: PD-50-87 Page 4 Central Lake Ontario Conservation Authority (Cont'd) The other major concern for the proposal that we have expressed previously has involved protection of the forested area in the vicinity of Lots 14 to 17, 19, and 2U. Uur concern is that the integrity of this area by protected so that its sensitive features will be essentially unaffected by the development. A provincially rare bird, the Prairie Warbler, has been sighted in the vicinity, and if the area is providing breeding habitat i~t should be protected. Also, the area is wet, and the high water table may function in maintaining the cedar forest. It may not be necessary to entirely eliminate these lots from the plan, however, the owner should submit further detail regarding the appropriate number of lots that can be accommodated at thi s location without affecti ng the sensitive features, including any mitigating measures that may be required. Therefore, assuming that the plan will be revised as indicated above, we are prepared to recommend approval and ask that the conditions listed below be imposed on the Authority's behalf: 1. Prior to final approval, the top of the bank of the Farewell Creek valley which shall form the rear limits of Lots 34 to 48 inclusive shall be established in the field to the satisfaction of the Central Lake Ontario Conservation Authority. Some mino r re-adjustment of the rear limits of these lots may be required as a result of establishment of top of bank. 2. Valleyland blocks 52 to 65 inclusive shall be zoned to prevent the construction of buildings or structures other than those necessary for flood and erosion control. 3. Prior to final approval, the owner shall submit a report to the satisfaction of the Authority with regard to the potential effects of the development on the forested area located in the vicinity of Lots 14 to 17, 19 and 20. This report shall address potential effects on wildlife habitat, provincially rare or significant species, effects of dewatering, excavation and construction of roads and services on the water table and forested area. The report sha11 recommend the number of lots, if any, that can be acc ommodated in this area wit hout detrimentally affecting the habitat to the satisfaction of the Authority, and i t shat 1 also recommend mitigating measures. Revisions to the boundaries of lots 14 to 17, 19 and 20 may be required as a result of thi s report. 4. The owner agrees to retain ownership of the valleyland blocks 52 to 65 inclusive, as they may be revised, for a period of ten years, after which time the title to these blocks shall be transferred to the Central Lake Ontario Conse rvation Authority. Provision shall be made through the subdivision agreement to effect triis transfer of title ten years from the date of the agreement. ...5 ~~~, REPURT NO.: PD-5U-87 Page 5 Central Lake Ontario Conservation Authority (Cont'd) 5. The owner agrees to have covenants registered on title for Blocks 52 to 65 inclusive, for the forested area in the vicinity of Lots 14 to 17, 19 and 2U, and for lots 13, 18, 22 to 26, 31 to 37, and 43 to 48, stating that there will be no removal of live trees 4 inches in diameter at breast height or larger without the written approval of the Central Lake Untario Conservation Authority. 6. The Uwner agrees that there shall be no filling, grading, construction or alteration of watercourses on the site without the prior written approval of the Central Lake Ontario Conservation Authority. Site plans showing the proposed location of all houses and other structures, driveways, septic systems, and areas to be cleared where appropriate, shall be submitted for all lots prior to the Authority issuing approvals. 7. Prior to the start of any site grading activities, the Uwner shall submit details of the proposed roads, proposed methods of site drainage, and proposed methods of sedimentation control to be used during construction, al 1 for approval of the Authori ty. Roads and site drainage facilities shall be developed in such a way that there is no detrimental effect on the water table and on the water quality or hydrological regime of Farewell Creek. 8. Prior to the start of development of Lots 34 to 48 inclusive, a row of staked straw bales and snow fence shall be installed along the rear limit of these lots to prevent intrusion of construction equipment and sediment into the Farewell Creek valley. After construction has been completed, the Owner shall erect a permanent fence along the rear lot limits to permanently separate the residential lots from the valleylands. COMMENT: Staff have reviewed the most recent revision to the proposed plan of subdivision and note that, although all but one of the lots are smaller than with the previous plan, the total number of lots remains the same. As well , the 1 ots along the Farewel 1 Creek valley would continue to conform to the provisions of their respective zones in the Zoning By-law approved in principle by Committee on December 1, 1987. Staff note however that, prior ...6 ~~~ REPORT NO.: PD-50-87 Page 6 to the By-law being forwarded to Council for final ap proval, the boundary of the "EP" zone on the Schedule to the By-law will require minor modification to reflect the revised location of the rear lot lines along the valley. The zoning by-law will be forwarded to Council for final approval at such time as the Uffici al Plan Amendment has been approved and the Proposed Plan of Subdivision is draft approved. On February 3, 1987, Regional Planning Committee considered a Region al Planning Staff Report in respect of the subject Official Plan Amendment application. The Report recommended approval of the application as Amendment No. 165 to the Durham Regional Uffici al Plan, with a maximum of fifty-one (51) estate residential lots being permitted. Planning Committee approved the amendment and Regional Council is to consider Amendment No. 165 at its meeting of February 11, 1987. In the Staff Report, Regional Planning Staff expressed a concern related to the concentration of estate residential lots in the area north of Courtice. Regional Staff noted that the approval of Amendment No. 165 will bring to a total of ninety-nine (99) estate residential lots on 77 ha (190 acres) of land clustered along the Farewell Creek extending north from the Courtice Urban Area boundary, a distance of approximately 2 km. Upon completion, this community will contain a population of approximately 340 persons. The Durham Regional Official Plan presently indicates that only a limited number of such developments will be permitted. The limits shall be established by their scale and location, their financial implications for the Region and their effect on the Region's transportation facilities and utilities. Regional Staff noted a concern with the increasing concentration of privately serviced residential lots, the increased urbanization of the rural areas and the potential for demands to extend both hard and soft services to these low density scattered rural developments. At some point, due to their increasingly extensive nature, these developments create simply a substitution of urban standards. Regional Planning Staff stated that, although they are recommending approval of the subject application, they strongly suggest that estate residential is approaching the saturation point in this area. ...7 ~~~~ REPORT NO.: PD-50-87 Page 7 Town Planning Staff share the concerns of Regional Planning Staff with respect to the concentration of estate residential development in the area north of Courtice. As was stated in Report PD-263-86, Staff are of the opinion that the Townline Estates subdivision is well-defined by roads on three sides and a significant topographic break in slope on the north. The approval of the proposed development should not establish a precedent for further estate residential development in the area. As the result of the revision to the proposed plan of subdivision and C.L.O.C.A.'s revised conditions of approval, a number of minor revisions to the Town's Conditions of Draft Approval, as approved by Council on December 8, 1986, are required. The Conditions of Draft Approval as amended are * attached hereto as Attachment No. 2. Staff note that the amended conditions includes the condition added by Town Council on December 8, 1986 that the Town's Subdivision Agreement contain a clause notifying the purchasers of the Public School Board's policy with respect to busing. It is respectfully recommended that the Region of Durham be advised that the Town of Newcastle has no objection to the draft approval of Proposed Plan of Subdivision 18T-85018, as revised January 7, 1987, subject to the conditions as outlined by Attachment No. 2 to this Report. Respectfully submitted, / ~ ~, ~ . 1~ . a s, .P. `Director of P arming Recommended for presentation to the Committee l~ ~,~~ r, rence tse Chief Ad ; ~i st ati ve Officer JAS*TTE*jip *Attach. February 5, 1987 CC: SEE ATTACHED LIST ~c~) REPORT NU.: PD-50-87 Page 8 CC: Henry Kortekaas & Associates 82 Sherwood Road East Pickering Village AJAX, Ontario L 1V 2B4N 591415 Ontario Limited P.O. Box 816, Station "B" WILLOWDALE, Ontario M2K 2R1~( Nir. M. Armstrong McGibbon, Bastedo Armstrong & Armstrong 32 Simcoe Street South P.U. Box 34 OSHAWA, Ontario L1H 7K8N Mr. Tom Sobil Group 5, Box 2 R.R. #3 BOWMANVILLE, Ontario L1C 3K4~ Mr. Peter Sobil R.R. #3 BUWMANVILLE, Ontario L1C 3K4~( Mr. Paul Sobi 1 R.R. #3 BOWMANVILLE, Ontario L1C 3K4~ Mr. Larry Corby Group 5, Box 9 R.R. #3 BOWN~INVILLE, Ontario L1C 3K4~ N1r. Bruce Wood 1466 Wecker Drive USHAWA, Ontario L 1J 6N2~ T00 LESS RdA~- _ --= _- ~ so ~ ~~ - > ~ , : .. P6/ ~~~ ~. @ ~ ~ . ~ 1- o $ ~ ~o ~ ~ ` 1 gy ~ I \~ (y,~~ I ~ -+ ~- .. ~ o ~ . m ~~, ~. o s ~`, .~ I a n. e m ' , ~~~ ©~ ~'~. ~ o' t~ ~ ~~ n -~ ~ ~ ' ' ' ~ ~ - m o ' ~'~ ~ ` z ~ ~ -P ~ ~ z o ~ D , ~ ~ ,.. b y ~' `~ ~ ' ~ 0 i~ , U, = I~ i d ~ ~ ~ ~ ~ a © l m < ' 9d.64. f fq 1~ a 2 ~ ~~ cn ~ I ~ ~ / ~ r- ~ ~ ~ ® ~ i I ~ , u~qr~~ ~ rt~~~ i ~1~. y Hu~4ip ~ ; J~I W N~8°o0'W ~2.6°J ~ ~ L ~ j O ~~ .. ~ ~ ~ I' 1. , / . ~. - ~i N ,moo' wm.co j ~ ~ ~l a ~ ~ ~ I'~ ~ , I i ~ ~~} , ~~~ ~ ~ ~ I' ~Iq j I r /~ ` ~ ~. (\ -_l/ L JS 6/ G , l¢ _ _ ~ ~/ ~ _ ~ TRUCES ROAD c~~ ~~ ATTACHMENT N0. 2 TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL SUBDIVISION APPLTCATIUN 18T-85018 1. That this approval shall apply to a draft Plan of Subdivision 18T-85018, prepared by Donevan and Fleischmann Company Limited, Ontario Land Surveyors, dated July 3, 1985, and revised January 7, 1987 to indicate 51 estate residential lots and 19 blocks, and further revised to indicate that Blocks 52 through to 65 being retained by the Owner. 2. That the Owner enter into a Subdivision Agreement with the Town of Newcastle. 3. That the Owner grant to the Town, free and clear of all encumbrances, all easements and dedications as requested. 4. That the works be designed and constructed in accordance with the latest Town of Newcastle Design Criteria and Standards. 5. That the road allowances included in this draft plan be dedicated as public highways. 6. That the road allowances in the plan be named to the satisfaction of the Town of Newcastle. 7. That the Owner agrees to pay to the Town of Newcastle, the cash value of the five percent (5%) parkland dedication in lieu of the parkland. 8. That the Owner prepare a Stormwater Management Plan to the satisfaction of the Town of Newcastle. 9. That the Owner dedicate the appropriate property to the satisfaction of the Town of Newcastle for road widening purposes, free and clear of all encumbrances, along the frontages of Pebblestone Road and Trull's Road abutting said lands. 10. That the Owner dedicate the appropriate property to the satisfaction of the Town of Newcastle for 0.3m reserves, free and clear of all encumbrances, along the frontages of Pebblestone Road and Trull's Road abutting said lands. 11. That the Owner dedicate the appropriate property to the satisfaction of the Town of Newcastle for sight triangle purposes, free and clear of all encumbrances, on Pebblestone Road, Tooley's Road and Trull's Road. 12. That the forced road known as Strohl's Road be closed and conveyed at the Owner's expense, and that Block 70 be conveyed to the lands subject of Land Division Application LD 445/86. 13. That the Owner contribute to the cost sharing for the reconstruction of Pebblestone Road, Tooley's Road and Trull 's Road to the satisfaction of the Town of Newcastle. ...2 ~, Page 2 TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL SUBDIVISION APPLICATION 18T-85018 14. That the Owner be required, if deemed necessary by the Town, to reconstruct that portion of Trull's Road which is necessary to obtain the required safe stopping sight distance for the intersection of Trull's Road and proposed Drive "A". 15. That the Owner agrees to satisfy all other requirements of the Town of Newcastle, financially and otherwise. 16. That the necessary amendment to By-law 84-63, as amended, of the Town of Newcastle, be approved and in effect. The Owner shall demonstrate to the satisfaction of the Town of Newcastle that the lots within the draft approved plan conform to the appropriate requirements of the by-law amendment prior to said amendment being forwarded to Council for approval. 17. That the Owner agrees, in writing, to satisfy all the requirements, financial and otherwise, of the Region of Durham. 18. That the Owner covenants and agrees to negotiate with the Town of Newcastle a cash contribution for Fire Protection purposes. 19. That the Owner agrees to satisfy the requirements of the Region of Durham Health 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. 2U. That the Owner agrees to satisfy the requirements of the Ministry of Natural Resources as specified below. a) The top of the bank of the Farewell Creek valley lands shall be staked to the satisfaction of, and in consultation with, Ministry Staff. b) Prior to any grading or construction on the site, the Owner shall erect a snow fence or other suitable barrier along the staked top of bank. 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 Farewell Creek; c) Prior to initiating 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 desc ribe the means to minimize soil erosion and the direct discharge of stormwater flow into Farewell Creek, both during and after construction. This plan shall be certified by a professional engineer. ...3 ~~~ Page 3 TOWN OF NEWCASTLE CONDITTUNS OF DRAFT APPROVAL SUBDIVISION APPLICATION 18T-85018 d) After all grading, construction and landscaping on the site are completed, and the snowfence required in condition 17(b) i s removed, a permanent fence or other suitable structure shall be erected along the staked top of bank for the Farewell Creek valley system. This structure will be of a height that will effectively create a barrier between the landscaped portion of the lots and the val ley lands of Farewell Creek in order to prevent infringement into the "restrictive use" blocks. e) Prior to any grading or construction on the site, the Owner shall prepare site plans for 1 ots identified by the Ministry of Natural Resources. These plans shall indicate the locations of all buildings and structures, landscaped areas, septic systems and fence lines and shall be acceptable to the Ministry of Natural Resources. f) That no damming, dredging, or other alterations will be carried out on Farewell Creek without prior written authorization from the Ministry of Natural Resources. 21. That the Owner agrees to satisfy the requirements of the Central Lake Ontario Conservation Authority as specified below: a) The Owner agrees to have covenants registered on title for the lots and blocks identified by the Conservation Authority, stating that there will be no removal of live trees 4 inches in diameter at breast height or larger without the written approval of the Central Lake Ontario Conservation Authority; b) The Owner agrees that there shal 1 be no filling, grading, construction or alteration of watercourses on the site without the prior written approval of the Central Lake Ontario Conservation Authority. Site plans showing the proposed location of all houses and other structures, driveways, septic systems, and areas to be cleared where appropriate, shall be submitted for all lots prior to the Authority i ssui ng approvals; c) Prior to the start of any site grading activities, the Owner shall submit details of the proposed roads, proposed methods of site drainage, and proposed methods of sedimentation control to be used duri ng construction, al 1 for approval of the Authority. Roads and site drainage facilities shall be developed in such a way that there is no detrimental effect on the water table and on the water quali ty or hydrological regime of Farewell Creek. ...4 ~~ Page 4 TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL SUBDIVISION APPLICATION 18T-85018 d) Prior to final approval, the top of the bank of the Farewell Creek valley which shall form the rear limits of Lots 34 to 48 inclusive shall be established in the field to the satisfaction of the Central Lake Ontario Conservation Authority. Some minor re-ac(just ment of the rear limits of these lots may be required as a result of establishment of top of bank. e) Prior to the start of development of Lots 34 to 48 inclusive, a row of staked straw bales and snow fence shall be installed along the rear limit of these lots to prevent intrusion of construction equipment and sediment into the Farewell Creek valley. Afte r construction has been completed, the Owner shall erect a permanent fence along the rear lot limits to permanently separate the residential lots from the valley lands. f) The Owner shall satisfy the requirements of the Conservation Authority with respect to the ownership of Blocks 52 to 67 inclusive. 22. That the Owner agrees to satisfy the requirements of the Ministry of the Environment as specified below: a) Prior to final approval and registration, the Ministry of the Environment shat 1 be satisfied, by a Hydrogeol ogi cal Repo rt, that sufficient water of acceptable quality is available to service the development and that the development will not adversely affect the quantity and quality of groundwater supplies. b) That the wells in the subdivision be drilled to a depth of 40 metres or greater, and that these wells be properly sealed and grouted to a minimum depth of 3 metres. 23. That the Owner agrees to satisfy the requirements of Ontario Hydro as specified below: a) A copy of the lot grading and drainage plan for those lots identified by Ontario Hydro, showing existing and final grades, must be submitted to Ontario Hydro for review. b) The developer shall make arrangements satisfactory to Ontario Hydro for the crossing of the hydro right-of-way by the proposed road. A separate proposal shall be submitted to Ontario Hydro's Central Region Office for this future road crossing. c) The costs of any relocations or revisio ns to Ontario Hydro facilities which are necessary to accommodate this subdivision will be borne by the developer. d) The easement rights of Ontario Hydro are to be respected and maintained. No buil di ngs, structures or other obstructions of any nature are allowed to be erected within the easement area. ...5 ~~~ Page 5 TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL SUBDIVISION APPLICATION 18T-85018 e) A warning clause satisfactory to Ontario Hydro is to be included in the purchase and sale agreements and registered on title for all lots encumbered by the Ontario Hydro easement, advising the prospective purchasers of the terms and conditions of such easment agreements and the requirements for Ontario Hydro's approval prior to the installation of fences, metal sheds, trees, etc., or other structures of similar nature. f) Any development in conjunction with the subdivision must not block vehicular access to any Hydro facilities located on the right-of-way. g) Permanent access must be available to all of Ontario Hydro's structures. Ontario Hydro requires a 15 foot wide open strip for access along each of the Untario Hydro lines contained within the Untario Hydro easement rights of way, as well as a clear open area around each structure of 15 feet. Any fences constructed across the easement area must have removable sections to ensure that Ontario Hydro will have access of 15 feet in width along each strip. 24. That the Owner agrees to satisfy the requirements of Trans-Northern Pipelines Inc. with respect to their pipeline easement on the subject lands. 25. That the Subdivision Agreement between the Town of Newcastle and the Owner contain a clause notifying the purchasers of the Public School Board's policy with respect to busing.