HomeMy WebLinkAboutPD-229-87~,,,
TOWN OF NEWCASTLE
REPORT
~7I~: General Purpose and Administration Committee
~~~ ~~onday, September 21, 1987
T #: PD-~~9-R7 FII~ #: 1 ~T-R7_o2.3_
CT: PROPOSED PLAN OF SUBDIVISION - FILE: 18T-87023
APPLICATION FOR REZONING - FILE: DEV 87-22
APPLICANT: PAUL GEARING
PART LOT 32, CONCESSION 3, DARLINGTON
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It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-229-87 be received; and
2. THAT the Region of Durham be advised that the To~dn of Newcastle has no objection in
principle to tl~e draft approval of the Plan of Subdivision 18T-87023 subject to 'the
conditions outlined on Attachment No. 1 hereto; and
3. THAT a copy of Staff Report PD-229-87 and Council's decision be forwarded to the
Region of Durham and the applicant.
6ACKGROUND AIJD C01~1MENTS:
Amendment No. 1GI to the Official Plan for the Regional Municipality of Durham Planning
Area was approved by the Ministry of P~unicipal Affairs on July 8, 1987. The purpose of
said amendr,~ent to the Durham Regional Official Plan was to permit the development of a
maximum of ten (10) estate residential lots, as an extension of previously two approved
developments of twelve (I2) and t4venty-six (26) lots respectively.
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REPURT NO.: PD-229-87 Page 2
Subsequent to and in consideration of the requested Official Plan
Ar~endment as stated above, on Flarch 20, 1987 the Newcastle Planning
Department received notice, through the Region of Durham Planning
Department, of an application for subdivision approval for a ten (10) lot
estate residential development. A zoning by-lava amendment application
was also filed with the Town on Flarch 16, 1987 in order to implement said
plan.
In accordance with departmental procedures, the subject proposals were
circulated to obtain comments from other departments and agencies. The
comments received are summarized below, as are the comments which the
Region of Durham received during their circulation period.
Central Lake Ontario Conservation Authori
"Authority Staff have reviewed the above-noted proposed plan of
subdivision.
The proposal involves the creation of ten residential lots on a forested
tableland area abutting the Farewell Creek valley. The site has been
assigned the highest degree of environmental sensitivity by the
Authority's Environmental Sensitivity Flapping Project because of the
forest cover, the habitat it provides and its hydrogeological function in
relation to Farewell Creek.
The Authority has commented previously on the proposed development of
this woodlot in comments on plans of subdivision 18T-82030 and
18T-840a48, OPA 84-1 and most recently on OPA 85-26. The Authority's
position has consistently been that because of its environmental
sensitivity, residential development should not be extended into the
forested area unless an environmental analysis can satisfactorily
demonstrate that the area could be developed without effecting the
sensitive characteristics of the site. In our opinion, the environmental
analysis that we have reviewed in conjunction with the previous plan of
subdivision (18T-84048) and OPA's did not demonstrate this, and we have
received no further information to alleviate our concerns for the
sensitivity of the site."
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REPORT NO.: PD-229-87
Region of Durham Works Department
Page 3
"Regional Works Department has reviewed the above-noted draft plan and
wish to provide comments as follows:
Due to the fact that this proposal will proceed with private services as
indicated in this draft plan and the subject land has no direct frontage
onto any Regional Road, it would appear to have no particular concerns
from a Regional Works Department point of view.
Un the basis of the above, we have no objection to further processing of
this draft plan.
The following Regional P~lunicipality of Durham Works Department conditions
shall be complied with prior to consent by the Works Department for
registration 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 development
charge levies which are in effect at the time of registration of any
portion of this plan. Said service charges shall pertain to those
services which are the responsibility of the Regional Municipality
of Durham.
(b) That the Owner agrees in writing to satisfy all the requirements,
financial and otherwise, of the Region of Durham concerning the
provision of roads and other Regional Services."
Ministry of Natural Resources
"Ministry Staff have reviewed this plan, inspected the site and examined
the related files. Our concerns are outlined as follows:
The subject plan serves as a southerly extension of Plan 18T-84048. In
reviewing plan 18T-84048, this P~inistry voiced concerns regarding the
sensitivity of Farewell Creek and its downstream wetland to water quality
degradation. We had requested, among other conditions, the
implementation of Ministry-approved stormwater and erosion control plans
prior to any grading or construction on the site. The developer agreed
in the signed Subdivision Agreement between P.K. Developments Inc. and
the Town of Newcastle, dated 1986.01.06, to implement these approved
plans. On site inspections conducted April 14 and 29, 1987, Staff became
a~vare that construction of Plan 18T-84048 is underway with no evidence
oferosion, sedimentation or stormwater drainage in place. We believe
this is a contravention of the intent of Section 4.9(2) of the
Subdivision Agreement. The approved stormwater/erosion control plans
should be implemented as soon as possible.
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REPORT NO.: PD-229-87 Page 4
Ministry of Natural Resources (Cont'd)
As stated in our response to Official Plan Amendment 8
objections to the principle of development on the site
resource concerns are similar to those voiced for Plan
Erosion, sedimentation and stormwater drainage control
implemented in order to protect Farewell Creek and the
Plarch from degradation.
5-26/D, we have no
of 18T-87023. Our
18T-84048.
plans should be
Oshawa Second
Based on the above, we request that the following condition be included
in the Commissioner's conditions of draft plan approval:
Prior to any grading or contruction on the site, the owner shall
prepare an erosion, sedimentation and stormwater control plan which
shall be acceptable to the P~inistry of Natural Resources. This plan
will show all proposed surface drainage works, and will describe the
means to minimize soil erosion and the conveyance of sediment-laden
waters to Farewell Creek, both during and after construction. This
plan shall be consistent with the approved stormwater and erosion
control plan for 18T-84048.
The Subdivision Agreement between the owner and the municipality
shall contain the following provision in wording acceptable to this
Pinistry:
THAT the owner agrees to implement the erosion, sedimentation
and stormwater control plan as required above.""
Region of Durham Health Unit
"The above application for subdivision has been investigated by this
Health Department, and insofar as health matters are concerned, there are
no objections to its approval with the condition that drilled wells be
installed."
Town of Newcastle Fire Department
"This Depart met has no objection to the above-headed applications.
Emergency fire response is from Station #4, which is within an acceptable
travel distance and water supply for firefighting is with Fire Department
tanker trucks. Access routes are to be constructed and maintained in
accordance with the Ontario Building Code.
I do have concern with how this part-time Fire Department is to maintain
the existing level of emergency service considering all of the
development that is taking place throughout the municipality."
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REPORT NO,: PD-229-87
Page 5
Ontario Hydro
"The Plan has been circulated to the interested divisions of the
Corporation for comment, We have no objections to the proposed
subdivision as presently laid out,"
Peterborough-Victoria-Northumberland and
Newcastle Roman Catholic Separate School Board
"The Doard has no objection to the applications."
The Northumberland and Newcastle Board of Education
"The (3oard of Education has no objection to the subdivision application."
Ministry of Agriculture and Food - Foodland Preservation Branch
"Staff of the Ministry of Agriculture and Food have reviewed the above
development proposal. Consideration has been given to the proposal in
terms of goals and objectives of the Ministry and of the criteria and
policies outlined in the Foodland Guidelines.
based on our present knowledge, the Ministry has no objections to the
proposal."
Town of Newcastle Community Services Department
"No objections....recomr,~ends 5% cash-in-lieu of parkland."
Town of Newcastle Public Works Department
"We have reviewed the above noted application for plan of subdivision and
~firrd we have no objection to this proposal subject to the following
comments:
1. That all works are completed in accordance with the Town of
Newcastle's Design Criteria and Standard Drawings.
2. That any easements required by the Tovan be granted free and clear of
any encur~brances.
3, That the utility distribution on the internal streets (Hydro, Bell,
Cable TU, etc.) be installed underground and that all secondary
services for the proposed lots be underground,
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REPORT NO.: PD-229-87
Page 6
Town of Newcastle Public Works Department (Cont'd)
4. That the developer meet all the requirements 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 at all times.
6. All of the other standard requirements re: Lot Grading, Schedules
of Work, Performances Guarantees, Cost Estimates, etc., should be
included in the Subdivision Agreerent."
Ministrv of the Environment
"The plan proposes the creation of
of individual wells and subsurface
is located north of Nash Road, sou
Road. Comments on the suitability
subsurface sewage disposal systems
Health Unit.
ten (10) residential lots on the basis
septic tank systems. The subject site
~h of 4th Line and east of Tooley's
of the site for the proposed use of
should be obtained frorn the Regional
We have reviewed the application and recommend draft approval be
conditional upon:
1. Prior to final approval , the Phi ni stry of the Environment shat 1 be i n
receipt of a Hydrologist's Report which ascertains the availability
of an adequate supply of potable water to service the development.
The report should comment on existing quality as well as the
potential for cross-contamination and well interference.
2. Prior to final approval, the Ministry of the Environment shall be
notified by copy of the full executed subdivision agreement between
the developer and the municipality that the recommendations of the
Hydrologist's Report, as approved by the Ministry of the
Environment, shall be implemented by requirements of the Subdivision
Agreement."
STAFF COf-1MENTS:
The most significant issues of concern highlighted as a result of the
circulation of the draft Plan of Subdivision and Rezoning were
environmental in nature. Qoth the finistry of Natural Resources and the
Central Lake Ontairo Conservation Authority (C.L.O.C.A.) had concerns
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REPORT NO.: PD-229-87 Page 7
with the sensitivity of the subject site and Farewell Creek. Ministry
Staff requested that an erosion, sedimentation and stormwater control
plan be prepared and presented to the Ministry for approval prior to any
grading or on-site construction taking place.
The Conservation Authority has consistently objected to development
extending into the woodlot in the previously approved subdivision
application to the north (18T-84048), as well as the recent Official Plan
Amendment application (OPA 85-26/D) which was given approval July 8,
1987. The recent approval of the Official Plan Amendment for the subject
lands, undermined C.L.O.C.A.'s objection to the subdivision and rezoning
proposal. As a result of their concerns however, a meeting was proposed
to discuss possible conditions of approval which the Authority wanted
incorporated in the Agreement. These conditions would allow development
to take place as proposed, creating the least amount of negative impact
on the valley lands.
In consideration of the fire protection requirements, Staff note that Mr.
Gearing's approved plan (18T-82030) agreed upon the installation of a
fire hydrant at Nash and Tooley's Road as a reasonable means of improving
fire protection needs. This is immediately southwest of the subject
site. The proposed subdivision is considered within an acceptable travel
distance from Fire Station #4. Since receipt of the Fire Department
comments, Council has approved further full time fire fighting staff.
However, due to the volunteer nature of the Department, serving the
Courtice area, the level of fire protection available is still a valid
concern particularly given the rural nature of the plan and the lack of
a municipal water supply.
Staff notes an Environmental Impact Analysis was conducted in September,
1984 incorporating both the previous proposal (18T-84048) and the present
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REPORT NO.: PD-229-87
Page 8
subject lands. However, this report does not discuss the adequacy and
supply of potable water, and an Engineer's Report outlining servicing
restrictions and possibilities as required by Section 10.3.2.3 of the
Durham Regional Official Plan and as requested by Ministry of the
Environment, should be submitted prior to final approval of the Plan.
The proposed Zoning By-law amendment will permit the development to take
place providing all lots have a minimum area of 4000 square metres, and a
lot frontage minimum of 30 metres.
In consideration of the comments contained within said Report, Staff
would have no objections to the approval of the Plan of Subdivision
18T-87023, as redlined revised, subject to the conditions of draft
approval on Attachment No. 1 annexed hereto.
Furthermore, Staff would have no objections to the approval of the
rezoning (File: DEV 87-22) attached hereto, implementing the Plan of
Subdivision 18T-87023. We would, however, recommend the use of a
"Holding" prefix to be removed at such time as the necessary Subdivision
Agreement or amendments to existing Agreements have been executed.
CP*TTE*jip
*Attach.
September 3, 1987
Applicant: Mr. Paul Gearing
Box 12
R.R. #3
BOWMANVILLE, Ontario
L1C 3K4
Recommended for presentation
to the Committee
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Nra rence o se
Chief dm istrative Officer
ATTACHMENT N0. 1 TU REPORT PD-229-87
CONDITIONS OF DRAFT APPROVAL
SUBDIVISION 18T-87023
1. That this approval shall apply to a draft Plan of Subdivision 18T-87023,
prepared by Donevan and Fleischmann Company Limited, Ontario Land
Surveyors, identified as Job 1-7122, dated revised February 26, 1987,
which is revised in red as per tfie attached plan showing ten (10) lots
for Estate Residential.
2. That the owner enter into a Subdivision Agreer~ent with 'the Town of
Newcastle in respect of the subject plan which sf~all include, in addition
to the Town's Standard requirements, specific provisions with respect to
the following Conditions 3 to 18, 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 Tovrn be granted free and clear of al l
encumbrances.
5. That the utility distribution on the internal streets (Hydro, Bell, Cable
TV, etc.) be installed underground and that all secondary services for
the proposed lots be underground.
6. That the Owner meet the requirements of the Public Works Department,
financial and otherwise.
7. That the Owner pay to the municipality cash-in-lieu of 5% parkland
dedication.
8. All of the other standard requirements re: Lot Grading, Schedules of
Work, Performance Guarantees, Cost Estimates, etc., will be included in
the Subdivision Agreement.
9. That road allowances included in this draft plan be dedicated as public
highways.
10. That prior to the initiation of any grading or construction on the site,
the Owner shall prepare an Erosion, Sedimentation and Stormwater Control
Plan, which shall be acceptable by the Ministry of Natural Resources.
11. That prior to final approval of the Plan, the Owner shall satisfy all
requirements, financial and othe rwise, of the Town of Newcastle. This
shall include among other matters, execution of a Subdivision Agreement
between the Owner and the Town of Newcastle concerning the provision and
installation of roads, services and drainage.
12. That prior to final approval of the plan, the
requirements, financial and otherwise, of the
shall include, among other matters, execution
between the Owner and the Region of Durham co
installation of sanitary sewer, water supply,
services.
Owner shall satisfy all
Region of Durham. This
of a Subdivision Agreement
~cerning the provision and
roads and other Regional
~~~
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Page 2 of ATTACHMENT N0. 1 TO REPORT PD-229-87 Y
CONDITIONS OF DRAFT APPROVAL
SUBDIVISION 18T-87023
13. That the Subdivision Agreement between the Owner and the Town of
Newcastle shall contain, among other matters, the following provisions:
(a) The Owner agrees to carr-out, or cause to be carried-out, to the
satisfaction of the Ministry of Natural Resources, the
recornnendations referred to in the report as required in Condition
10.
(b) The Owner agrees not to dam, dredge, or alter Farewell Creek without
the prior written authorization from the Ministry of Natural
Resources.
(c) The Owner agrees to not place fill, grade, construct any buildings
or structures without prior written approval being given by the
Central Lake Ontario Conservation Authority.
(d) The Uwner agrees that prior to the initiation of any grading or
construction, to erect a snow fence and row of staked straw bales
along the rear boundary of Lots 6 to 10.
(e) The Owner agrees that no trees larger than 4-inches in diameter at
breast height shall be removed on the subject site without the
written approval of the Central Lake Ontario Conservation Authority.
(f) The Owner agrees that prior to development of each lot, a site plan
shall be submitted to the Central Lake Ontario Conservation
Authority for each lot indicating the location of structures, septic
systems, planting to be undertaken and areas to be cleared of
vegetation. The site plans shall generally be consistent with the
recommendations of the report entitled "Heritage Farm Estates
Environmental Impact Analysis", dated Septeriber, 1984, prepared by
Henry Kortekaas and Associates as it applies to these lots.
(g) The Owner agrees to obtain approval from the Durham Region Health
Unit with respect to installation of sub-surface sewage disposal
system and well.
14. That the modifications indicated on the redlined plan be incorporated
into the Plan of Subdivision.
15. That the Owners agrees in writing, to satisfy all requirements financial
and otherwise, of the Region of Durhari.
16. That the rezoning application for said lands be approved.
17. Prior to final approval, the Ministry of the Environment shall be in
receipt of a hydrologist's Report which ascertains the availability of an
adequate supply of potable water to service the development. The report
should comment on existing quality as well as the potential for cross-
contamination and well interference.
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Page 3 of ATTACH(~1ENT N0. 1 TO REPORT PD-229-87
CONDITIONS OF DRAFT APPROVAL
SU6DIVISION 18T-87023
13. Prior to final approval, the P~inistry of the Environment shall be
notified by copy of the fully executed subdivision agreement between the
developer and the municipality that the recommendations of the
Hydrologist's Report, as approved by the flinistry of the Environment,
shall be implemented by requirements of the Subdivision Agreement.
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NU1~IBER 87-
being a 6y-law to authorize the entering into of an Agreement with Paul Gearing
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 P~1ayor 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 Agreement between Paul Geariny and the said Corporation dated the day
of 1987, in the form attached hereto as Schedule "X".
2. THAT the t4ayor 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-LAW read a second time this day of 1987
BY-LAW read a third time and finally passed this day of
1987.
OR
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LERK
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 87-
being a By-law to amend By-law 84-63, the Comprehensive Zoning
By-law of the Corporation of the Town of Newcastle.
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.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of
the Town of Newcastle enacts as follows:
1. Schedule "4" to By-law 84-63, as amended, is hereby further
amended by changing the zone designation from "Agricultural (A)" and
"Environmental Protection (EP)" to "Holding - Residential Estate
Exception ((H)RE-5)", as shown on the attached Schedule "X" hereto.
2. Schedule "X" attached hereto shall form part of this By-law.
3. This By-law shall come into effect on the date of passing
hereof, subject to the provisions of Section 34 of the Planning Act.
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.
R
CLERK
This ' is Schedule "X" to By-law 87-
passed this .—day of , 1987 A.D.
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