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HomeMy WebLinkAboutPD-230-87.,.r...~„~,~, T0~lN OF NE4~CASTLE Cam) REPORT File #~`,~~ ~ ~~ Res. # f.,, ~~~ By-Law # ~fl~: General Purpose and Administration Comr~ittee ~~~ Monday, September 21, 1987 T #: P~-~~0=R7 FILE #: nib CT: APPLICATION FOR APPROVAL OF PLAN OF SUBDIVISION ALECK MOFFAT PART LOT 27, CONCESSION 4, FORMER TWP. OF CLARKE FILE: 18T-86017 RECOMMENDATIONS: It is respectfully recornmended that the General Purpose and Administration Committee recommend to Council the follovring: 1. THAT Report PD-230-87 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-86017 subject to the conditions outlined on Attachr~ent No. 1 hereto; and 3. THAT a copy of Staff Report PD-230-87 and Council's decision be forwarded to the Region of Durham and the applicant. BACKGROUND: On f~larch 7, 1986, the Town of Newcastle was advised by the Region of Durham of an application for approval of a Plan of Subdivision submitted by P~1r. Aleck Moffat. The subject application proposed the creation of a ten (10) lot residential subdivision on a 3.96 hectare parcel of land in Part Lot 27, Concession 4, former Township of Clarke (see Key Flap attached). The subject lands lie to the east of Highway 35/115 and has been ...2 ~C~~ REPORT NO.: PD-230-87 Page 2 severed from the remainder of the applicant's land by the new exit ramp connecting the highway to the Somr~erville Drive extension. The property is located in the Hamlet of Orono as designated by the Durham Regional Official Plan, and is zoned "Agricultural (A-1)" and "Environmental Protection (EP)" by 6y-law H~1-63. The "EP" zoning corresponds to a creek valley which occupies the northwest corner of the site. The original application was circulated and Staff recommended draft approval of the Plan of Subdivision as revised in red pending compliance to conditions which were attached. The applicant has since submitted a revised application for this proposed subdivision. The newly proposed application provides a layout illustrating ten (10) lots having direct access to Sommerville Drive and the exit ramp from Highway 35/115. In accordance with departmental procedure, the revised 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: - Town of Newcastle Building Department - Town of Newcastle Fire Department - Ganaraska Region Conservation Authority - Peterborough-Victoria-Northumberland and Newcastle Roman Catholic Separate School Board - Northumberland and Newcastle Board of Education Other departments/agencies offered the following comments: Ministry of the Environment "We have reviewed the revised plan and wish ~to advise you that our previous comments are still applicable. However, the Noise Report, prepared by Proctor and Redfern Group, dated December 1986 will have to be updated to reflect the revisions to the Plan." Ministry of Natural Resources "Ministry Staff have completed our review of this revised subdivision plan. Our comments are outlined as follows: ...3 ~~~~ REPORT NO.: PD-230-07 Page 3 Ministry of Natural Resources (Cont'd) Our previous correspondence of June 17, 1986 (original plan) and October 24, 1986 (DEV 8G-55) outlines our position regarding the retention of the on-site valley system in tl~e "Environmental Protection (EP)" zone. This was requested as a condition of draft approval and is still applicable to this revised plan. The newly submitted plan has altered the lot layout by placing the valley lands into one lot - Lot 5. Access to the developable would be from the road allowance betvdeen Concession 4 and 5. Approximately 5 metres of tableland lies between the top of bank and the easterly limit of Lot 5 (according to the plan). Access to Lot 5 should occur within this area in order to prevent/minimize disruption of the natural valley system. bJe, therefore, request that the following be included as a condition of draft plan approval: "Prior to any grading or construction on the site, the owner shall prepare a site plan for Lot 5, which shall be acceptable to the Mlinistry of Natural Resources. This plan shall indicate the locations of all buildings and will show the location and dimensions of the access road to Lot 5, with no infringement of the "EP" zone." The Subdivision Agreement shall also contain the following additional provision: "That the Owner agrees to implement the approved site plan as required above." The conditions and Subdivision Agreement provisions, outlined in our June 17, 1986 letter to the Region, do not require revision and are still applicable to this Plan." Town of Newcastle Community Services Department "No objection. No park is required for this area and as such a 5% cash-ire-lieu of parkland dedication is requested." Ministry of Transportation and Communications "~Je have completed our review of the revised draft plan and advise that this Ministry has definite concerns with the lotting on the revised plan. Re-aligned 5th Line (Somr~erville Road) is under the jurisdiction of this IY1inistry and, on this basis, we are not prepared to allow six (6) residential lots to enter onto this section of highway. Should this plan proceed, this Ministry will require, as a condition of draft approval, that the following apply: 1. That prior to final approval, the municipality approach our District 1~lunicipal Engineer (Port dope District) to initiate the transfer of re-aligned 5th Line to the local r~unicipality." ...4 ~~~~ REPORT NO.: PD-230-87 Page 4 Regional Department of Health Services "This subdivision is approved in principle. However this department will require: 1. house location; 2. the bed location (area required 50 ft. x 70 ft.); 3. well locations with required set backs from the beds; 4. driveway locations. There is concern that Lot 5 has very little serviceable area as most of the lot is valley land with steep slopes and a creek flows through the bottom of the valley." Town of Newcastle Public Works Department "We have reviewed the Proposed Plan of Subdivision as noted above, and submit the following comments: 1. That all works are completed in accordance with the Town of Ne~dcastle's Design Criteria and Standard Drawings. 2. That any easements required by the Town be granted free and clear of any encumbrances. 3. That the 0.3 Metre Rese rve and 3.0 Metre Road Widening be dedicated to the Town as shown in red on the draft plan. 4. That the developer will bear the costs (100%) of any works on Sommerville Drive which are necessitated as a result of this development. 5. That the developer contributes ~to the costs of reconstructing Sommerville Drive from Station Street to +/- 200 metres westerly, in accordance with Town Policy. 6. That the developer meet all tthe requirements of the Public Works Department, financial and otherwi se. 7. That the owner enter into a Development Agreement with the Town and that this department be kept informed of the status at all times. 8. All of the other standard requirements re: Lot Grading, Schedules of Work, Perforr,~ances Guarantees, Cost Estimates, etc., should be included in the Subdivision Agreement." 9. That the developer should be required to provide street lighting along Somerville Drive and Concession Road 5." ...5 ~C~) REPORT NO.: PD-230-87 Page 5 STAFF COI=11~1ENTS: The applicant submitted a Preliminary Soils Investigation in support of the proposed development. This Report indicated that the site is underlain by compact and very dense sand, with excellent subsurface drainage. The Report states that the site is suitable for ground absorption of sewage effluent. The Soils Consultant also conducted a review of P~inistry of the Environment well water records for the area. He notes that the sand stratum over the east half of the site contains adequate groundwater resources for domestic purposes, but that drilled wells into the till moraine ~dhich predominates over the western portion of the site have erratic yields. Deep wells penetrating into the shale bedrock have reported problems with taste and odour. The Report concludes that suitable groundwater resources are available for potable domestic supplies, but that well depths will likely vary across the site.. The applicant submitted an Acoustic Impact Analysis as required by the f~li ni stry of the Envi ronr~ent i n support of hi s proposal . The report indicated that the sound levels fall between the 55-60 d6A range, for which the ~7inistry accepts a "warning clause". It recommended that Lots G to 9 of the original plan should have warnings of excess sound level on the deeds and Agreements of Purchase and Sale. In addition the above dwellings should be equipped with forced air heating and provision for central air conditioning. The P~linistry of the Environment Staff, upon reviewing this report noted, that if actual house sitings vary from the assumption, that being; that houses will be constructed at a minimum set back of G metres as required by riunicipal zoning by-law that a revised fdoise Study be done. In light of the fact the applicant has submitted a revised Plan of Subdivision proposal, Staff would consider it appropriate to request the Noise Study be updated to recognize the revised layout proposed. A review of the circulation comments indicates there are a number of concerns, the re~ajority of which are deemed "environmental" in nature. ...6 ~"C~~ REPORT NO.: PD-230-87 Page 6 The Ministry of the Environment identified two (2) main concerns; the first being noise, and the other being supply of potable water. Although the applicant has submitted a Noise Study as mentioned above, due to the revised plan, Ministry Staff recommend updating the Report to reflect the revisions. With reference to water supply, Ministry of the Environment Staff have requested the preparation of a Hydrogeologist's Report as a condition of draft approval of the Plan. The Ministry of Natural Resources' concerns concentrate on the "Environmental Protection (EP)" zone covering the valley lands in the northwest corner of the subject property. This Ministry requested several conditions to ensure that development of the property, in particular Lot 5 as proposed, does not infringe on or have any adverse effects on the valley lands. The Regional Department of Health's concerns were in line with the Ministry of Natural Resources. This department requires site plans for each lot to be submitted indicating: house location, the bed location (area required 50 ft. x 70 ft.), well locations with required setbacks from the beds, and driveway locations. They too have a concern with Lot 5 having little serviceable area due to the steep slopes and creek. The Ministry of Transportation and Communications had concerns with the development in terms of access. This P~inistry is not prepared to allow six (6) residential lots to each have their own access point to re-aligned 5th Line (Sommerville Drive). Their condition of approval is for the Town to initiate discussions to transfer Sommerville Drive to the Town of Newcastle prior to final approval. As indicated earlier in this Report, the proposed development is located in the vicinity of the Hamlet of Orono as designated by the Durham Regional Official Plan. The Region of Durham Planning Department has advised the applicant that the subject site cannot be construed as being part of the Hamlet, notwithstanding its proximity to the existing built- up area of Orono. The Regional Planning Departrent further indicated ...7 ~~~~ REPORT NO.: PD-230-87 Page 7 that the preparation of a Development Plan for the Hamlet of Orono is a prerequisite for the evaluation of the development proposal. Town Planning Staff are currently working on a draft development plan for the Hamlet of Orono, but note that the Plinistry of (Municipal Affairs and Housing has deferred approval of the majority of the Town's Official Plan, including that section dealing with Hamlets. The proposed development consitutes a minor extension to the Hamlet and would impact very little on the development potential of the remainder of Orono inasmuch as the subdivision is to develop on private wells and therefore, would not be dependent upon capacity being available in the municipal water system. In Staff's opinion, the preparation of a Hamlet Development Plan as a prerequisite to draft approval of the proposed subdivision is not a reasonable requirement and would impose unwarranted delays on development. In consideration of the comments contained within said Report, Staff would have no objection to the approval of the Plan of Subdivision 18T-86017, as redlined revised subject to the conditions of draft approval on Attachment No. 1 annexed hereto. Respectfully submitted, Recommended for presentation to the Committee ~ ,~ ~ ~ i~ ~~ ~~ ,~ ,, .._-- T.T. Edwards, (~~1. .I.P. 1_awrence' Kotseff Director of Planning Chief A nistrative Officer CP*TTE*jip *At~tach. September 4, 1987 Applicant: P1r. Aleck f~loffat R.R. #1 ORONO, Ontario LOf3 1M0 vC~> ATTACNh1ENT N0. 1 TO REPORT PD-230-87 CONDITIONS OF DRAFT APPROVAL SUBDIVISIOP! 18T-86017 1. That this approval shall apply to a draft Plan of Subdivision 18T-86017, prepared by flerrill D. Brovdn Limited, Land Surveyors and Engineers, identified as file number 86046-S1, which is revised in red as per the attached plan showing ten (10) lots for single family dvvellings. 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 Tovdn's Standard requirements, specific provisions with respect to the following Conditions 3 to 22, all inclusive. 3. That all works are completed in accordance with the Town of Newcastle's Design Criteria and Standard drawings. 4. That any easements required by the Town be granted free and clear of all encumbrances. 5. That the 0.3 Metre Reserve and 3.0 Metre road widening be dedicated to the Town as sho~vn in red on the draft plan. G. That the Owner bear the costs (100%) of any works on Sommerville Drive which are necessitated as a result of this development. 7. That the Owner contribute to the cost of reconstructing Sommerville Drive from Station Street to +/- 200 metres westerly in accordance with Town Policy. 8. That the Owner meet all the requirements of the Public Works Department, financial and otherwise. 9. All of the other standard requirements re: Lot Grading, Schedules of Work, Performance Guarantees, Cost Estimates, etc., be included in the Subdivision Agreement. 10. That the Owner be required to provide street lighting along Sommerville Drive and Concession Road 5. 11. That the Owner agrees to pay to the Town, the cash value of the five percent (5%) cash-in-lieu of parkland dedication. 12. Prior to final approval, the Owner shall engage the services of a consultant 'to revise the Noise Study recommending noise control features satisfactory to the Ministry of the Environment and the Town of Newcastle. 13. Prior to final approval, the f~inistry of the Environment shall be notified by a copy of the fully executed Subdivision Agreement between the developer and the municipality that the noise control features recornmended by the Acousticasl Report and approved by the Ministry of the Environment and the Town of Newcastle shall be implemented as approved, by requirements of the Subdi vi si on Agreement . ...2 ~~C~> Page 2 of ATTACHMENT N0. 1 TO REPORT PD-230-87 CONDITIONS OF DRAFT APPROVAL SUBDIVISION 18T-86017 13(a) In the event that a slight noise level excess will remain, despite the implementation of the noise control features, the following warning clause shall be included in a registered portion of the subdivision agreement for subsequent inclusion in Offers of Purchase and Sale for the affected lots: "Purchasers are advised that despite the inclusion of noise control features within the development area and within the individual building units, noise levels may continue to be of concern occasionally interfering with some activities of the dwelling occupants." 14. Prior to final approval, the Ministry of the Environment is to be in receipt of a Hydrogeologist's Report which ascertains the availability of an adequate supply of potable water to service the development. The Report should comment on existing water quality as well as the potential for cross-contamination and well interference. 15. Prior to final approval, the Ministry of the Environment shall be notified by a copy of the fully executed Subdivision Agreement between the developer and the municipality, that the recommendations of the Hydrogeological Report as approved by the Ministry of the Environment, shall be implemented by requirements of the Subdivision Agreement. 16. Prior to any grading or construction on the site, the Owner shall prepare a site plan for Lot 5, which shall be acceptable to the Ministry of Natural Resources. This plan shall indicate the locations of all buildings and will show the location and dimensions of the access road to Lot 5, with no infringement of the "EP" zone. 17. That the "Environmental Protection" zoning of the valley system shall be maintained and that the municipality's zoning by-law shall contain provisions which will have the effect of prohibiting all buildings or structures, other than those necessary for flood and erosion control in the "EP" zone. 18. Prior to any grading or construction on the site, the Owner shall erect a snow fence or other suitable barrier along the top of the valley slope. 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 valley system of the subject watercourse. 19. Prior to 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 describe the means to minimize soil erosion and the direct discharge of stormwater flow into the subject watercourse, both during and after construction. ...3 ~C~> Page 3 of ATTACHMENT fJO. 1 TO REPORT PD-230-87 CONDITIONS OF DRAFT APPROVAL SU6DIVISION 18T-86017 20. That no damming, dredging or other alterations will be carried out on this tributary of Wilmot Creek without the prior written authorization of the Ministry of Natural Resources. 21. That prior to final approval, a site plan shall be prepared to the satifaction of the Regional Department of Health Services, which illustrates house location, the bed location, ~vell locations and driveway locations. 22. Prior to Final approval jurisdiction for the re-aligned 5th Line (Sorimerville Road) shall be transferred to the Town of Newcastle from the Ili ni stry of Transportation and Communications subject to such terms and conditions as may rnutually be agreed upon. / GE RAPHIC TUWNSHIF' Uf- CLAFtKtI ( 1ER COUNTY CF CURHAM) ~- ~ Y'OWNHIOF NITEINCASTLE ` REGIONAL MUNICIPALITY OF DURHgM SCALE 1 750 M. 0. BROWN , O. L.S. ,1986 7~ i, p '."~ I 10 MEIN ES . ~ T L ~~ i <~ 0 ,,~ ~~~> ,~ / -J <.~G ~~ ~ ~J 7 ~ ~~ -- - ------- - . - - ------- --------- - - - ---- - - I - - - -.. _ - ---- - - ---, _ R J .4 D A ~ ~. J N..4 N C E I 3~ T W~ E N `i L ~' ~ S >:,JiV~cCOJJN ~(e) THE CORPORATION Of THE TOWN OF NEWCASTLE BY-LAW NUMBER 87- being a By-law to authorize the entering into of an Agreement with Aleck R. Moffat and the Corporation of the Town of Newcastle. The Council of the Corporation of the. Town of Newcastle hereby enacts as follows: 1. THAT the P4ayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Town of Newcastle, and seal with the Corporation's seal, an Ayreer~ent between Aleck R. 1~loffat and the said Corporation dated the day of 1987, in the form attached hereto as Schedule "X". 2. THAT the Mayor and Clerk are hereby authorized to accept, on behalf of the Town, the said conveyances of lands required 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-LAIJ read a second time this day of 1987 BY-LAW read a third time and finally passed this day of 1987. M OR C ER