HomeMy WebLinkAboutPD-208-87•~~~'""~""~`"'~~~-; TOWN OF NE4~CASTLE
zu~•~:~~ ,~%"~ REPORT
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trE~TI(~G: General Purpose and Administration Committee
~~~ Tuesday, Septerdber• 8, 1987
T #: PD-~o~-~7 FILE #: 1~T_~~~_
CT: APPLICATION FOR APPROVAL OF PLAN OF SUBDIVISION
OTTO & ELFREIDE JOST
PART LOT 9, CONCESSION 6, FORMER TWP. OF DARLINGTON
FILE: 18T-86062
RECOMlNENDATIONS:
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F i 1 e # ` ~ ~~~ ~~
Res. #.~~~' ,~~-~
By-Law #
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-208-87 be received; and
2. THAT the Region of Durham be advised that the Town of Newcastle has no objection to
draft approval of Plan of Subdivision 18T-86062 subject to the conditions outlined
in Attachment No. 1 hereto; and
3. THAT a copy of Staff Report PD-208-87 and Council's decision be for•war•ded to the
Region of Durham and the applicant.
BACKGROUND:
On October 16, 1986 the Town of Newcastle was advised by the Region of Durham of an
application for• approval of a Plan of Subdivision submitted by Otto and Elfr•iede Jost.
The subject application proposes the creation of eleven (11) single family lots on a
4.124 hectare parcel of land south of Regional Road No. 14 immediately west of Clemens
Road in the Hamlet of Tyrone, in the for•mer• Township of Darlington.
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REPORT NO.: PD-208-87 Page 2
In conjunction with the proposed Plan of Subdivision application, the
Jost's also applied for• an amendment to the Hamlet Development Plan, for•
the Hamlet of Tyrone i n or•der• to i ncr•ease the maximum number of per•mi tted
lots within 'the area designated "Short Term Residential Expansion". This
application received Council approval April 13, 1987.
The plan of subdivision proposed by the applicant is an extension of
existing r•esi denti al 1 ots bor•der•i ng the pr•oper•ty to the north . The
applicants also own an additional 33.6 hectares of land zoned
"Agr•icultur•al" from which they had recently attempted to sever a parcel
of land to be used for• a r•etir•ement lot. The decision to grant this
severance application was appealed by the Mi ni str•y of Agr•icul tur•e and
Food on several points of the Foodland Guidelines and Code of Practice.
The appeal was allowed by the Ontario Municipal Board citing Section
4A.20.4 of the Guidelines which states; r•etir•ing far•mer•s "should be
encouraged to consider r•etir•ement in a nearby village". The Chairman, in
his decision, believed "there was no evidence that the use of one of the
1 ots proposed for• subdivision for• the applicant's own r•eti r•ement woul d
r•epr•esent a har•dshi p for• the applicants.
The Ontario Municipal Board decision was given June 30, 1987. In the
interim the proposed draft plan of subdivision was circulated to various
agencies and departments for• comment in accordance with Council Policy.
The r•esul is of this ci r•cul ation ar•e outlined below.
The following agencies have provided no comment or• objection in response
to the circulation:
- Ministry of Natural Resources;
- Nor•thumber•land and Newcastle Board of Education;
- Town of Newcastle Building Department;
- Ontario Hydro
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REPORT NO.: PD-208-87 Page 3
Central Lake Ontario Conservation Authority
"Staff of this Author•i ty has completed a r•evi ew of this proposed plan of
subdivision and a soil and hydr•ogeologic investigation of site
conditions, pr•epar•ed by Walter H. Gibson and Associates Limited.
The proposed 11-lot plan is generally acceptable to this Authority. We
note from the key plan on the draft plan that "future development" is
provided-for• to the west of the subject pr•oper•ty, and that the applicant
has considerable additional holdings to the south.
The above areas drain ultimately to streams possessing coldwater• fish
habitat. It i s ther•efor•e necessary to minimize sedimentation dur•i ng the
grading phases of development, and to ensure that the cumulative impacts
of individual sewage disposal systems do not significantly degrade
downstream water quality. The r•efer•r•ed-to hydrologic r•epor•t indicates
that downgr•adient stream functions will be maintained after the
development is completed.
I n view of these consi der•ati ons, we ar•e pr•epar•ed to support the draft
approval of 18T-86062 subject to the following conditions:
1. No gr•adi ng or• fi 11 i ng including the rough gr•adi ng of roads shal 1
occur on the site without the written approval of the Central Lake
Ontario Conservation Authority (C.L.O.C.A.).
2. The owner shall agree in the subdivision agreement:
a) not to car•r•y-out gr•adi ng or• fi 11 i ng on the site without the
written approval of the C.L.O.C.A.; and
b) to car•r•y-out or• cause to be car•r•i ed-out conditions on per•mi is
issued for• the site by the C.L.O.C.A..
The Author•i ty should be requested to clear Condition 2 pr•i or• to final
approval being given. A signed copy of the subdivision agreement should
be for•war•ded to the Authority to expedite the clearance of Condition 2."
Regional Municipality of Durham Works Department
"The Regional Municipality 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 ar•e not available to the
subject site and the Region has no plans within the capital budget and
four year forecast to introduce services to the said area.
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REPORT NO.: PD-208-87
Page 4
Regional Municipality of Durham Works Department (Cont'd)
The following Regional Municipality of Durham Works Department conditions
shall be complied with pr•ior• to consent by the Works Department for•
r•egistr•ation of the plan of subdivision and said conditions shall form
part of the Subdivision Agreement:
a) That the subdivider pay for• those service charges and/or• development
charge 1 evi es which ar•e i n effect at the time of r•egi strati on of any
portion of this plan. Said service charges shall pertain to those
services which ar•e the responsibility of the Regional Municipality of
Durham.
b) That the proposed final plan of subdivision be submitted to, and
approved by the Regional Works Department pr•ior• to the pr•epar•ation of
the Subdivision Agreement.
c) That if this subdivision is to be developed by more than one
r•egi strati on, the subdi vi der• be r•equi r•ed to submi t a pl an showing the
proposed phasing, all to the satisfaction of the Regional
Municipality of Durham.
d) That the Owner• agrees i n wr•i ti ng to satisfy all r•equi r•ements,
financial and otherwise, of the Region of Durham concerning the
pr•ovi si on of roads."
Region of Durham Health Services Department
"The above pr•oper•ty has been inspected and approved i n pr•i nci pal .
However, this Department is concerned with the locations of the wells and
septic systems on the abutting lots to the north.
We will ther•efor•e r•equir•e a subdivision plot plan showing house locations
and well and septic system locations on each lot. The type and locations
of wells and septic systems on abutting lots to the north should also be
shown."
Region of Durham Planning Department
"Fur•ther• to you r• letter of November 3, 1986, we have reviewed this matter
and have no difficulty with permitting some additional growth in the
Short-Teem Residential Expansion Area identified in the southwest
quadrant of the Hamlet.
Our• only concern relates to the relatively small lots being proposed and
the suitability of the site for• individual services. This matter should
be discussed in some detail with the Regional Department of Health
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REPORT NO.: PD-208-87 Page 5
Region_of Durham Planning Department (Cont'd)
Services. We note that the Tyrone Development Plan presently suggests a
minimum lot size of approximately 0.4 hectares while some lots proposed
in the subject subdivision application ar•e less than .3 hectares.
Eleven lots would appear to be the maximum number of lots which would be
accommodated in this area and a fewer number may ultimately be approved
in the related subdivision.
It is also noted that any amendment to a Hamlet Development Plan must be
reviewed by Regional Council in accordance with Section 10.4.2.2 of the
Durham Regional Official Plan."
Ministry of Transportation and Communications
"This subdivision does not abut a King's Highway and at the present time,
is not affected by any plans of this Ministry.
We wi 11 not r•equi r•e copies of the final or• r•egi ster•ed plans for• this
file. However, we would like to be advised of the r•egistr•ation date and
number."
Ministry of Agriculture and Food
"Staff of the Ontar•i o Mi ni str•y of Agr•icul tur•e and Food have r•evi ewed the
above development proposal. Consideration has been given to the proposal
i n terms of the goals and objecti ves of the Mi ni str•y and of the cr•i ter•i a
and policies outlined in the Food Land Guidelines.
The proposed subdivision is zoned "Residential Hamlet - Holding" as part
of the Hamlet of Tyrone, ther•efor•e, we have no objection to the
principles of developing this site.
There is, however, a large beef barn 240 feet south of the subdivision
that conflicts with the Agr•icultur•al Code of Practice. The minimum
separation distance r•equir•ed is 525 feet to comply with the Code of
Practice. Enclosed is a copy of the plan with the separation distance
ar•c of 525 feet. We, ther•efor•e, object to the proposed plan of
subdivision, and recommend that a new plan be drafted showing only Lots 1
to 6 being created on the north side of the east-west road."
Ministry of the Environment
"The plan proposes the creation of 11 residential lots on the basis of
individual wells and subsurface septic tank systems. The subject site is
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REPORT NO.: PD-208-87 Page 6
Ministry of the Environment (Cont'd)
located on Lot 9, Concession 6. Comments on the suitability of the site
for• the proposed use of subsurface sewage disposal systems should be
obtained from the Regional Health Unit.
We have reviewed the application and have identified a concern with the
adjacent agr•icultur•al usage. According to our• calculations, under the
Agr•icultur•al Code of Practice, we recommend a 150 metre separation
distance from the existing barn and the proposed residential development.
This would preclude development on Lots 7 - 11 inclusive and Block 12.
In summary, if the agr•icultur•al usage is terminated on the adjacent land,
we will be able to change our• position on development of Lots 7 - 11 and
Block 12. Ther•efor•e, we deem the application to be pr•ematur•e. Once we
ar•e in receipt of a revised plan incor•por•ating our• concerns, we will
r•equir•e a hydr•ogeological study through conditions of draft approval."
Town of Newcastle Public Works Department
"We have reviewed the above-noted plan of subdivision and submit the
following comments:
1. That all works ar•e completed in accordance with the Town of
P~ewcastle's Design Cr•iter•i a and Standard Dr•awi ngs;
2. That any easements r•equir•ed by the Town be granted free and clear of
any encumbrances;
3. That sight tr•i angl es and 0.3 metre r•eser•ve as shown on the draft
plan be dedicated to the Town;
4. That the utility distribution on the cul-de-sac (Hydro, Bell, Cable
TV, etc.) be installed under•gr•ound (both pr•imar•y and secondary
services);
5. That the applicant be responsible for• any external works on Clemens
Road which may be necessitated as a result of this development i.e.
ditching;
6. That lots 10 and 11 be revised as shown on the attached plan with
frontage being obtained from the internal street;
7. That the owner meet all the r•equi r•ements of the Public Works
Department, financial and otherwise;
8. That the developer contributes to the costs of r•econstr•ucting
Clemens Road in accordance with Town Policy;
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REPORT NO.: PD-208-87 Page 7
Town of Newcastle Public Works Department (Cont'd)
9. 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;
10 . The devel oper• should be r•equi r•ed to pr•ovi de street 1 i ghti ng at the
intersection of Clemens Road and the proposed cul-de-sac; and
11. All of the other standard r•equi r•ements r•e: Lot Gr•adi ng, Schedules
of Work, Per•for•mance Guarantees, Costs Estimates, etc., should be
included in the Subdivision Agreement."
Town of Newcastle Community Services Department
"In r•efer•ence to the above application our• Department has the following
comments:
1. No objection to the application.
2. Cash-in-lieu of 5% par•I<land dedication will be r•equir•ed based on
cur•r•ent policy. "
Town of Newcastle Fire Department
"This Department has no objection to the above-headed application.
Emergency fire protection would be from Station #1. I would note that
the subdivision is located outside of the recognized response limit from
a fi r•e station. Water supply for• fir•efi ghti ng i s with the Fire
Department tanker trucks."
STAFF COMMENT:
I n r•evi ewi ng the comments r•ecei ved dur•i ng the ci r•cul ation i t i s qui to
evident there ar•e some major concerns with various aspects of the
proposed development. One concern from both Ministry of the Environment
and Mini str•y of Agr•icul tur•e and Food i s the pr•oximi ty of the proposed
development to the existing barn; in the sense that it contravenes the
Agr•icultur•al Code of Practice and the goals and objectives of the Food
Land Guidelines. The barn is approximately 73.15 metres south of the
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REPORT NO.: PD-208-87 Page 8
proposed subdivision. The Code of Practice r•equir•es a minimum separation
distance of 150.0 metres to an existing farm str•uctur•e of this nature.
As presented in draft, Lots 7 to 11 inclusive and Block 12 would be in
contravention of this policy. The applicants have tried to remedy this
situation maintaining that the barn will only be used for• storage, and
have sought legal counsel in attempting to enforce this r•estr•iction as a
condition r•egi ster•ed on title . Staf f concu r•s with the Mi ni str•y' s
comments and believe the barn should be removed in or•der• for• the proposed
development to take place, or• the applicant should r•e-apply with a plan
containing only six (6) lots in conformity with the r•equir•ed separation.
There were al so concerns expressed r•egar•di ng gr•adi ng, sewage disposal and
well locations of the proposed subdivision. The Conservation Authority
after reviewing the Hydrological Report is pr•epar•ed to support the draft
approval pr•ovi di ng thei r• conditions as outlined ear•1 i er• ar•e included.
Other agencies having concerns with well and septic system locations ar•e;
Regional Health Department and Regional Planning. Health r•equir•es a
subdivision plot plan showing house, well and septic system locations on
each lot, as well as the type and locations of wells and septic systems
on abutting lots to the north. Regional Planning concerns r•egar•ding lot
sizes being less than 0.3 hectares, would be made as a condition of
approval as this is also a zoning by-law r•equir•ement. However, their
objection to less than a 0.4 hectare minimum will depend on Health's
conclusions, following the review of location and type of well and septic
system, as there is a policy in Amendment No. 22 to the Official Plan of
the for•mer• Township of Darlington, which allows a 0.3 hectare minimum
providing it is to the satisfaction of the Regional Health Unit.
As for• the remaining comments, the suggestions and conditions can be
incor•por•ated in the conditions of approval and Subdivision Agreement.
Staff after reviewing this application closely, have no objection to the
approval of the subdivision in principle, however, there ar•e numerous
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REPORT NO.: PD-208-87
Page 9
conditions to be fulfilled in or•der• for• development to take place as
proposed. Staff ther•efor•e, recommend that the application be recommended
for• draft approval subject to the attached conditions and for•war•ded to
the Region of Durham.
CP*TTE*jip
*Attach.
August 18, 1987
Applicant: Otto & E1 fr•ei de Jost
P.O. Box 149
HAMPTON, Ontario
LOB 1J0
Recommended for• presentation
to the Committee
~,awr•ence Kotseff
Chief Adm ~istr•ative Officer
~~~
ATTACHMENT N0. 1 TO REPORT PD-208-87
CONDITIONS OF DRAFT APPROVAL
SUBDIVISION 18T-86062
1. That this approval shall apply to a draft Plan of Subdivision 18T-86062,
pr•epar•ed by Mer•r•i 11 D. Brown Limited, Land Sur•veyi ng and Engi neer•i ng,
identified as their file number 86142-DP4, dated September 30, 1986,
which is revised in r•ed as per• the attached plan showing eleven (11) lots
for• single family dwellings, and one (1) block to be developed at a
future date.
2. That the owner enter into a Subdivision Agreement with the Town of
Newcastle in respect of the subject plan which shall include, in addition
to the Town's Standard r•equir•ements, specific provisions with respect to
the following Conditions 3 to 21, all inclusive.
3. That all works ar•e completed in accordance with the Town of Newcastle's
Design Cr•i ter•i a and Standard dr•awi ngs.
4. That any easements r•equir•ed by the Town be granted free and clear of all
encumbrances.
5. That sight triangles and 0.3 Metre Reserves as shown on the draft plan be
dedicated to the Town.
6. That the utility distribution on the cul-de-sac (Nydr•o, Bell, Cable TV,
etc.) be installed under•gr•ound (both pr•imar•y and secondary services).
7. That the applicant be responsible for• any external works on Clemens Road
which may be necessitated as a result of this development, i.e. ditching.
8. That Lots 10 and 11 be revised as shown on the attached plan with
frontage being obtained from the internal street.
9. That each lot have a minimum lot area of 3000m2.
10. That the owner meet the r•equir•ements of the Public Works Department,
financial and otherwise.
11. That the developer contribute to the costs of r•econstr•ucting Clemens Road
in accordance with Town Policy.
12. The devel oper• shal 1 pr•ovi de street 1 i ghti ng at the i nter•section of
Clemens Road and the proposed cul-de-sac.
13. All of the other standard r•equir•ements r•e: Lot Grading, Schedules of
Work, Per•for•mance Guarantees, Cost Estimates, etc., will be included in
the Subdivision Agreement.
14. That the Owner• pay to the municipality cash-in-lieu of 5% parkland
dedication.
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Page 2 of ATTACHMENT N0. 1 TO REPORT PD-208-87
CONDITIONS OF DRAFT APPROVAL
SUBDIVISION 18T-86062
15. The owner shall agree in the Subdivision Agreement:
a) not to carry-out gr•adi ng or• fi 11 i ng i ncludi ng the rough gr•adi ng of
roads on the site without the written approval of Central Lake
Ontario Conservation Authority; and
b) to car•r•y-out or• cause to be car•r•i ed-out conditions on per•mi is i ssued
for• the site by the Central Lake Ontario Conservation Authority.
16. That the Owner• submit to the satisfaction of the Health Services
Department, a subdivision plot plan showing house, well and septic system
locations on each lot, as well as type and locations of wells and septic
systems on abutting lots to the north. This plot plan shall be approved
by the Health Services Department or• the draft plan revised to satisfy
thei r• concerns pr•i or• to final approval .
17. That the Owner• demolish the existing barn located on the owner's land to
the south pr•ior• to final approval.
18. That the road allowances included in this draft plan be dedicated as
public highways.
19. That the road allowances in the plan be named to the satisfaction of the
Town of Newcastle and the Regional Municipality of Durham.
20. That the modifications indicated on the r•ed-lined plan be incor•por•ated
into the plan of subdivision.
21. That the owner agrees i n wr•i ti ng, to satisfy al 1 r•equi r•ements, financial
and otherwise, of the Region of Durham.
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 87-
being a By-law to authorize the entering into of an Agreement with Otto and
Elfr•eide Jost and the Cor•por•ation of the Town of Newcastle.
The Council of the Cor•por•ation of the Town of Newcastle hereby enacts as
follows:
1 . THAT the Mayor• and C1 er•k ar•e hereby author•i zed to execute on behal f of
the Corporation of the Town of Newcastle, and seal with the Cor•por•ation's seal,
an Agreement between Otto and Elfr•eide Jost and the said Cor•por•ation dated the
day of 1987, in the form attached hereto as Schedule
..X..
2. THAT the Mayor• and C1 er•k ar•e hereby author•i zed to accept, on behal f of
the Town, any conveyances of lands r•equir•ed pursuant to the aforesaid
Agreement.
3. 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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