HomeMy WebLinkAboutPD-218-87UNFINISHED BUSINESS
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TOWN OF NEI~'CASTLE
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REPORT File # ;~.~~ ~`_~ • ~'~~
Res. # ~ _ />~,'` `'~~'~
By-Law # ' ~ .~~~~! ~~~
~TI~: General Purpose and Administration Committee
~~~ Tuesday, September 8, 1987
T #: pn-~~~-~~ FILE #: 1~T_~_ o~
CT: APPLICATION FOR APPROVAL OF PLAN OF SUBDIVISION
SCHLEISS AND HOLLAND
PART LOT 34, CONCESSION 3, FORMER TWP. OF DARLINGTON
TOWN OF NEIdCASTLE (COURTICE URBAN AREA)
FILE: 18T-86068
RECOMP4ENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-218-87 be received; and
2. THAT the Region of Durham be advised that the Town of Newcastle has no objection to
partial draft approval of Plan of Subdivision 18T-86068 subject to the conditions
outlined on Attachment No. 2 hereto; and
3. THAT a copy of Staff Report PD-218-87 and Council's decision be for•war•ded to the
Region of Durham and the applicant.
BACKGROUND AND COMMENTS:
On November 12, 1986, the Town of Newcastle was advised by the Region of Durham of an
application for• approval of a Plan of Subdivision subrnitted by Walter Schleiss and Raymond
Holland. The subject application proposed the creation of one-hundred and fifteen (115)
single family lots on a 1?_.22 hectare parcel of land north of Nash Road, immediately east
of Var•coe Road's most nor•ther•n point, and west of Tooleys Road (see atY.ached I<ey map).
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REPORT NO.: PD-218-87 Page 2
The subject site is comprised of open field and a wood lot. The wood lot is
designated "Minor Open Space" in the Cour•tice West Neighbourhood Development
Plan. The applicant has also applied for• an amendment to redesignate the
"Minor Open Space" to "Residential" to allow the proposed development,
however, at the General Purpose and Administration Committee Meeting of
January 19, 1987, it was recommended that the application be r•efer•r•ed back
to Staff for• a fur•ther• r•epor•t at such time as all the comments have been
r•ecei ved.
In the interim, the applicant has submitted a request (June 12, 1987), for• a
par•ti al draft approval of the proposed plan of subdivision (see Key Map) .
This partial draft approval request would not impact on the lands presently
designated "Minor Open Space", or• the possible Var•coe Road r•e-alignment
associated with the above-noted requested amendment. However, it would
enable the applicant to proceed with thirty-eight (38) lots at this time
(Lots 1 - 26 inclusive and Lots 104 - 115 inclusive).
In accordance with departmental pr•ocedur•es, the application was circulated
to obtain comments from other departments and agencies. Staff would note
the following agencies/departments, in providing comments, offered no
objections to the application as filed:
- Newcastle Building Department
- Ontario Hydro
- Nor•thumber•land and Newcastle Board of Education
Newcastle Fire Department
"This Department has no objection to the above-headed application.
Emergency fire response would be from Station #4, which is within the
acceptable response limit. Water supply for• firefighting is through the
Regional water hydrant system.
I would note that "Street D" would r•equi r•e tiar•n-around faci 1 i ti es i f i t i s
to remain a dead-end road and is not connected to a through street."
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REPORT NO.: PD-218-87 Page 3
Ministry of the Environment
"The plan proposes 115 residential lots based on full municipal services.
The subject site is located north of Nash Road, south of Rossland Road, east
of Var•coes Road and west of Pickell Road. Detailed servicing comments
should be obtained from the Regional Engineering/Works Department.
Staff have reviewed the above-mentioned application and have no objection to
its approval."
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 fi 1 e .
However, we would like to be advised of the r•egistr•ation date and number."
Durham Regional Works Department
"The Regional Works Department has reviewed the above-noted draft plan and
wish to provide comments as follows:
Installation of sanitary sewers and water•mains on the adjacent phase of the
same subdivision (Phase 4 of 18T-77001) to the south has been committed by a
Subdivision Agreement. Ther•efor•e, the necessary water•main and sani tar•y
sewer will soon be available to the proposal at the Var•coes Road/Centr•efield
Drive Intersection (ie., the south end of Street A of this draft plan).
On the basis of the above, we have no objection to fur•ther• processing of
this draft plan.
The follovring 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 subdi vi der• pay for• those service charges and/or• development
charge levies which ar•e in effect at the time of r•egistr•ation of any
portion of this plan. Said service charges shall pertain to those
ser•vi ces which ar•e the r•esponsi bi 1 i ty of the Regional Municipality of
Durham.
b) That the subdi vi der• obtain and grant to the Regional Municipality of
Durham, all easements r•equir•ed to provide Regional services for• this
development. The easements shall be in a location and of such width as
deter•mi ned by the Regi onal Municipality of Durham and ar•e to be granted
with the execution of the Subdivision Agreement.
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REPORT NO.: PD-218-87 Page 4
Durham Regional Works Department (Cont'd)
c) That engineering drawings for• Regional services and 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.
d) That sati sfactor•y ar•r•angements be made for• the financing of the
Region's share of ser•vi ci ng, i f any, pr•i or• to the r•el ease of the final
plan for• r•egi strati on .
e) That sanitary sewers and water•mains be designed in accordance with
those standards approved by the Regional Municipality of Durham.
f) That if this subdivision is to be developed by more than one
r•egi strati on, the subdivider• 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.
g) That any existing sanitary or• water services within the plan which ar•e
proposed to be relocated, be maintained in full service until such time
as the new services have been completed and approved by the Regional
Municipality of Du r•ham and that all costs i ncur•r•ed i n r•el ocati ng and
abandoning of these services be borne by the subdivider•.
h) That the Owner• agrees in writing to satisfy all r•equir•ements, financial
and otherwise, of the Region of Durham concerning the provision of
roads, sewers, water and other Regional services.
i) That subdivider• provide for• the extension of such trunk sanitary sewer
and water supply facilities which ar•e external to, as well as within,
the limits of the plan which ar•e r•equir•ed to service such plan. In
addition, the subdivider• to provide for• the extension of tr•unl< sanitary
sewer and water supply facilities within the limits of the plan which
ar•e r•equi r•ed to ser•vi ce other developments external to his subdivision.
Such sanitary sewer and water supply facilities to be designed and
constructed as per• the standards and r•equir•ements of the Works
Department of the Regional Municipality of Durham; all ar•r•angements,
financial and otherwise, for• said extensions ar•e to be to the
satisfaction of the Regional Municipality of Durham and ar•e to be
completed pr•ior• to release of the final plan of r•egistr•ation.
j) That pr•ior• to entering into a Subdivision Agreement, the Regional
Municipality of Durham is to be satisfied that adequate water pollution
control plant and water supply plant capacity is available to service
the subject development."
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REPORT NO.: PD-218-87
Durham Regional Planning Department
Page 5
"Fur•ther• to your cor•r•espondence of November 18, 1986 and November 26, 19$6,
we have reviewed this matter and wish to provide the following comments:
1. The subject lands ar•e designated "Residential" in both the Durham
Regional Official Plan and Amendment No. 22 to the Township of
Darlington Official Plan (Cour•tice Urban Area Plan). The proposed
amendment conforms.
2. The related plan of subdivision (18T-86068) would appear to propose 49
single family loi:s within the area designated "Minor Open Space" in the
Development Plan. This increase in population is considered minor in
light of the recently adjusted population guidelines for• Neighbourhood
la of the Cour•tice Major• Urban Area.
3. With respect to the servicing of this area, please be advised that
ser•vi ci ng comments wi 11 be for•war•ded through the r•evi ew of the r•el ated
plan of subdivision. We understand that, at this time, the Regional
Works Department has not completed its review of this matter.
4. Should this amendment be adopted by your Council, we would appreciate
r•ecei vi ng a copy of the approved document i n or'der' to keep our' fi 1 es up
to date."
Ministry of Natural Resources
"Ministry Staff have reviewed the plan, inspected the site and examined the
related file. Our• comments ar•e outlined as follows:
The lands forming plan 18T-86068 were originally part of plan 18T-77001. At
the time of initial response, the Ministry of Natural Resources voiced
concerns pertaining to floodplain management on behalf of the conservation
authority. Since that time, conservation authorities have been delegated
sole commenting responsibility for• floodplain matters. We, ther'efor'e, will
not be pr•ovi di ng comments i n this r'egar'd for• P1 an 18T-86068.
Our• major concerns for• the development of this site pertain to the
conveyance of sediment-laden waters via the tr'ibutar'y in Block 116 to
Nar•mony Creek. The Oshawa Second ~1ar•sh, a pr•ovi nci al ly significant war•m-
water• fish spawning and wildlife habitat, is located at the mouth of Nar•mony
Creek. This wetland should be protected against excess sedimentation
resulting from upstream development activities.
Recommendations:
Based on the above, the Ministry of Natural Resources has no objections to
the approval of this subdivision plan provided that it be subject to the
following conditions:
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REPORT NO.: PD-218-87
Page 6
Ministry of Natural Resources (Cont'd)
1. That Block 116 be retained in the "Environmental Protection (EP)" zone
as indicated in Town of Newcastle Zoning By-law No. 84-63.
Z. Prior to any grading or• construction on the site, the owner shall
pr•epar•e 1 of gr•adi ng and dr•ai Wage plans for• the site which shal 1 be
acceptable to the Ministry of Natural Resources. These plans will show
all proposed surface drainage works and will describe the means to
minimize soil erosion and sedimentation, both during and after
construction.
The Subdivision Agreement between the Owner• and the Municipality shall
contain the following provision in wording acceptable to this Ministry.
a) That the Owner• agrees to implement the lot grading, site drainage,
erosion and sedimentation control plans for• the site as r•equir•ed in
Condition No. 2 above.
In or•der• to expedite the clearance of these conditions, a copy of the signed
Subdivision Agr•ePment should be sent to the District Manager, Ministry of
Natural Resources, Lindsay District Office."
Central Lake Ontar•i o Conser•vati on Author•i ty
"The following interim comments on this proposed amendment to the Cour•tice
West Neighbourhood P1 an ar•e offered for• your consi der•ation.
The site compr•i ses a 1 ar•ge mixed forest woodl ot. Past Author•i ty studies
have tended to support its inclusion in the Minor• Open Space designation of
the affected neighbourhood plan. We r•egar•d neighbourhood plan pr•epar•ation
as a fur•ther• detailing of the general designation of the Regional Official
Plan.
Based on available information, including the Biological and Environmental
Appr•ai sal pr•epar•ed for• the Pr•octor• and Redfern Group, we continue to support
the existing Minor• Open Space designation."
Town of Newcastle Public Works Department
"We have reviewed the above-noted application and find we have no objection
in principle to this proposal subject to the following comments:
1. 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.
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REPORT NO.: PD-218-87
Page 7
Town of Newcastle Public Works Department (Cont'd)
2. That any easements r•equir•ed by the Town be granted free and clear of
any encumbrances.
3 . That the uti 1 i ty di str•i buti on on the i nter•nal streets (H,ydr•o, Bel 1 ,
Cable TV, etc.) be installed und.er•gr•ound and that all secondary
services for• the proposed lots be underground.
4. That the Beveloper• meet all the r•equir•ements of the Public Works
Department, financial and otherwise.
5. 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.
6. All of the other standard r•equir•ements r•e: Lot Gr•adinq, Schedules of
VJor•k, Per•for•mances Guarantees, Cost Estimates, etc., should be included
in the Subdivision Agreement.
7. The Beveloper• agrees to undertake a wel 1 moni tor•i ng pr•oar•am to the
satisfaction of the Dir•ector• of Public Works. The well monitoring
program shall begin a minimum of one year pr•ior• to the commencement of
any construction on the site and shall consist of a series of
observation wells around the per•imeter• of the site as recommended by a
hydr•ogeologist and approved by the Dir•ector• of Public Wor•ks."
STAFF COMMENTS:
As mentioned earlier in the Report, the applicant, by letter of June 9,
1987, requested a partial draft approval of the proposed subdivision
application wich was originally submitted. A review of the comments
received from the circulation process, indicates the major concern relates
to the woodlot area and its pr•eser•vation.
As this P.epor•t is dealing with only partial draft approval of the lands that
ar•e outside of the Minor• Open Space designation and development of these
lands does not hinge on the balance of the proposed plan being developed,
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REPORT NO.: PD-218-87
Page 8
Central Lake Ontario Conservation Authority's objection and that of the
residents association has not been considered critical to this review. Any
comments or conditions that pertain to the area recommended for partial
approval will be included in Attachment No. 1, Other comments will be
reviewed as they are relevant to the proposal at this time.
Staff notes that parkland dedication is not required for this proposal, as
adequate dedication was made in the previous Agreement 18T-77001 to include
this present development. Staff also note that discussions were held with
the applicant following the request for partial draft approval. Possible
street alignments and lot layouts were calculated for the remainder of the
lands outside the P~inor Open Space, should the redesignation be denied, this
will be a viable alternative for the remainder of the lands. These are sho~vn
as Attachment No. 3 (Alternatives 1, 2 & 3). Another factor of significance
at this time is Council's recent resolution in respect of development in the
Courtice Area. This proposal is within Courtice and is a continuation of the
subdivision presently under development. In addition, the developer is
currently involved in an extensive well monitoring program and has been
co-operating with Town Officials in resolving any impacts due to his present
development activity.
A further Development Agreement will also be required and this agreement will
incorporate further provisions with respect to wells, as directed by Council
on August 14, 1987. The development conforms to the Official Plan and is
prezoned to permit development subject to removal of the (I-I) Holding symbol.
In consideration of the comr~ents contained within this Report, Staff would
have no objections to the Region granting a partial draft approval of the Plan
...9
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REPORT NO.: PD-218-87
Page 9
of Subdivision 18T-86068, subject to the conditions of draft approval on
Attachment No. 1 attached hereto.
CP*TTE*jip
*Attach.
August 26, 1987
Applicant: Mr•. Wal ter• Schl ei ss
R.R. #2
OSHAWA, Ontario
L1H 7K5
Recommended for• presentation
to the Committee
,,x~~
Lawrenc E otse f
Chief A mi i strati ve Officer
ATTACHMENT N0. 1 TO REPORT PD-218-87
CONDITIONS OF DRAFT APPROVAL
SUBDIVISION 18T-86068
1. That this approval shall apply to a draft Plan of Subdivision 18T-86068,
pr•epar•ed by Pr•octor• and Redfern Limited, identified as their file number
86223-F41, dated October, 1986, which i s r•evi sed i n r•ed for• partial
approval showing thirty-eight (38) lots for• single family dwellings, and
one (1) block for• road widening.
2. That the developer 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 11, 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 nqs.
4. That any easements required by the Town be granted free and clear of all
encumbrances.
5. That the utility distribution on the internal streets (Hydro, Bell, Cable
TV, etc.) be installed under•gr•ound and that all secondar••y ser•vi ces for•
the proposed lots be under•gr•ound.
6. That the developer• meet the r•equir•ements of the Public Works Department,
financial and otherwise.
7 . All of the other standard r•equi r•ements r•e: Lot Gr•adi ng, Schedules of
hJor•k, Per•for•mance Guarantees, Cost Estimates, etc., will be included in
the Subdivision Agreement.
8. The developer• agrees to undertake a wel 1 moni tor•i ng pr•ogr•am to the
satisfaction of the Dir•ector• of Public Works. The well monitoring
pr•ogr•am shall begin a minimum of one year pr•ior• to the commencement of
any construction on the site and shall consist of a series of observation
wells around the per•i meter of the site as recommended by a hydr•ogeol ogi st
and approved by the Dir•ector• of Public Works.
9. That the Owner• agrees in writing to satisfy all r•equir•ements, financial
and otherwise, of the Region of Durham concerning the provision of roads,
sewers, water and other Regional services.
10. Pr•ior• to any grading or• construction on the site, the Owner• shall pr•epar•e
lot grading and drainage plans for• the site which shall be acceptable to
the Ministry of Natural Resources. These plans will show all proposed
surface drainage works and will describe the means to minimize soil
erosion and sedimentation, both during and after construction.
11. The Subdivision Agreement between the Owners and the municipality shall
contain the following provision acceptable to the Ministry of Natural
Resources:
"That the Owner• agrees to implement the lot gr•adi ng, site dr•ai Wage,
erosion and sedimentation control plans for the site as r•equir•ed in
Condition 10 above."
L~~
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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 Walter
Schleiss and Raymond Holland 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 Cor•potation of the Town of Newcastle, and seal with the Cor•por•ation's seal,
an Agreement between Walter Schleiss and Raymond Holland and the said
Cor'por'ation dated the day of 1987, in the form
attached hereto as Schedule "X".
2. THAT the Mayor• and Clerk ar•e hereby authorized to accept, on behalf of
the Town, the said 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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