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HomeMy WebLinkAboutPD-247-87a .n _~ . TOWN OF NEWCASTLE DN : 247-87 I /~~ REPORT File # ;~,~-,<~~~~;•f~4i' Res. # By-Law # ~ rr hEETI~: General Purpose and Administration Committee ~~~ Monday, October 5, 1987 REPORT #: P-~=,~; =8T FILE #: 1 RT_R~n ~ n SUB.IECT: APPLICATION FOR APPROVAL OF REVISED PLAN OF SUBDIVISION _ INCHAFFffA'Y INVESTMENTS LIMITED ~~._SJ'~~/~ PART LOT 2g , CONCESSION 2 , NEWCASTLE VILLAGE FILE: 18T-85010 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-247-87 be received; and 2. THAT the Region of Durham be advised that the Town of Newcastle has no objection to approval of the proposed revision to draft approved Plan of Subdivision 18T-85010 subject to the conditions outlined on Attachment No. 1 hereto; and 3. THAT a copy of Report PD-247-87 be forwarded to the Region of Durham; and 4. THAT the~tec~., bye~-,,.,law authorizing execution of a Subdivision Agreement between I ....investments Limited and the Corporation of the Town of Newcastle be approved; and 5. THAT the Mayor and Clerk be authorized to execute the Subdivision Agreement between Ineha€f Investments Limited and the Corporation of the Town of ~ ~~fc Newcastle at such time as an agreement has been finalized to the satisfaction of the Director of Public Works and Director of Planning. ...2 ~~~ REPORT NO.: PD-247-87 BACKGROUND: PAGE 2 On May 3, 1985 the Town of Newcastle was advised by the Region of Durham's Planning Department of an application for approval of a Plan of Subdivision submitted by Inchaffray Investments Limited. The subject application proposed the creation of fifteen (15) single family lots on a 1.59 hectare parcel of land on the west side of Regional Road No. 17 immediately south of the CPR tracks in Newcastle Village (see attached key map). The draft plan of subdivision was given approval subject to Conditions on November 13, 1985. On October 24, 1986 the Town of Newcastle was advised by the Region of Durham Planning Department of an application for approval of a revised plan of subdivision submitted by Inchaffray Investments. The revised application proposed to change the angle of the cul-de-sae, in order to allow for future development to the west. This in turn altered the size and number of lots on the plan, reducing it to fourteen (14) lots and one (1) block (for future development). On September 8, 1987, a further revised plan was submitted. The revisions included minor lotting revisions to produce a more viable intersection with the present road structure. The plan now proposes fifteen (15) lots and three (3) blocks for future development. In accordance with departmental procedure, the revised subdivision application was given a limited circulation to those departments or agencies which had concerns on the first application. The Region also carried out a circulation and provided the Town with copies of all comments received through their circulation. The following is a summary of the comments received. The following agencies had no objections or comments with respect to the above- noted applications: - Ganaraska Region Conservation Authority - Town of Newcastle Fire Department - Town of Newcastle Building Department - Ministry of Natural Resources - Ministry of Transportation and Communications In addition, the following agencies identified their concerns or requirements: ...3 ~~') REPORT NO.: PD-2~7-87 PAGE 3 Newcastle Community Services Department "Cash-in-lieu of 5~ parkland dedication will be required." Canadian Pacific Railway "No objection subject to implementing the recommendations of the Noise Study; construction of a six foot high chain link fence along the CPR right-of-way and registration of a fence maintenance clause on title of affected lots." Ministry of the Environment No objection subject to the preparation of a Noise Study, the implementation of which must be addressed by the Town's Subdivision Agreement and registration of a restrictive covenants on title." Town of Newcastle Public. Works Department "We have reviewed the Application for Plan of Subdivision as noted above, and we have no objection subject to the following conditions: 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 Town be granted free and clear of any encumbrances. 3. That the 0.3 metre reserve be dedicated to the Town and site triangles as shown on the draft plan. ~. A 6.0 metre by 6.0 metre site triangle on North Street should be provided at the intersection of the east/west road and North Street on the south/west corner. 5. The east/west right-of-way at the south limit of the Plan should be shown as a proposed street, be dedicated as such, and have a width of 26.21 metres (ie. collector status). 6. That the developer bear the costs (100) of reconstructing the intersection with Regional Road 17 and North Street to the satisfaction of the Director of Public Works. That the storm drainage of this development be designed and dealt with in a manner acceptable to the Director of Public Works. 7. 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. ...4 ~~ REPORT NO.: PD-247-87 Town of Newcastle Public Works Department (Cont'd) PAGE 4 8. That the Owner meet all the requirements of the Public Works Department, financial or otherwise. The developer is required to provide street lighting at the intersection of Regional Road 17 and North Street and on the internal streets to the satisfaction of this Department. 9. All of the other standard requirements re: Lot Grading, Schedules of Work, Performance Guarantees, Cost Estimates, etc., should be included in this Subdivision Agreement." Durham Region Public Works Department "No objection subject to satisfying all requirements of the Region of Durham, financial and otherwise, relative to the provision of Regional services and restricted access to Regional Road No. 17." STAFF COMMENT: The most signficant issues of concern highlighted as a result of the circulation of the revised draft plan of subdivision are essentially the same concerns which were expressed for the initial draft of subdivision. These relate to the proximity of the proposed development to the CPR tracks and the intersection to be created with the addition of the new access to the subdivision. In terms of the proposed development's proximity to the CPR tracks, the Newcastle Village Official Plan (Section 2.1.3(vii)) requires that appropriate buffers such as setbacks, berms, walls etc. be required to separate residential` uses from non-residential uses for the purposes of reducing or eliminating noise conflicts. Buffering requirements shall be determined for relevant development applications by the Town, in consultation with the Ministry of the Environment and other affected public agencies. As indicated earlier, the applicant has submitted a noise attenuation proposal in support of the original subdivision application. This report is applicable to the revised subdivision proposal, as the layout has changed minimally. The Ministry of the Environment, in their review of the report, identified some major deficiencies in the report, however, due to additional setbacks provided ...5 «~ REPORT NO.: PD-247-87 PAGE 5 in the plan. Ministry Staff believe there is flexibility necessary to accommodate noise control features within the development to meet provincial noise level guidelines. As well, Canadian Pacific has concerns with noise and safety and has requested that the developer be required to erect, at his expense, a six foot high ehainlink fence along the common boundary of the railway right-of-way and the subdivision, and that a covenant be registered against the appropriate deeds obliging the purchasers of the land to maintain the fence in a satisfactory condition at their expense. The Transportation Network Schedule within the Newcastle Village Official Plan designates a collector road crossing Foster Creek and connecting with Regional Road No. 17 in the vicinity of the access to the proposed subdivision. Public Works Staff were concerned with the attempt to create a safe and functional five ~5) way intersection, taking into account the possible increased traffic should the lands west of the creek be developed using this collector road. As previously mentioned, the applicant submitted a revised copy of the plan, re- aligning the access road to permit a negotiable intersection. Accordingly, Staff have red-lined the proposal in an attempt to more accurately illustrate the intersection configuration. The preliminary sketch would indicate that such an intersection is possible, however, the applicant will be required to provide a surveyed drawing illustrating the proposed intersection to the satisfaction of the Public Works Department. Block 18 as shown on Attachment No. 2 must therefore be retained for future development until such time as the collector road is confirmed or removed via an amendment to the Official Plan. Should the collector be abandoned, the road can be developed to form a crescent with lots to match the configuration. Staff note that the revised plan of subdivision as proposed would not prejudice the development of adjacent lands to the west. Based on our review of the comments received, Staff have no objection to the approval of the proposed revised plan of subdivision subject to the conditions as specified by Attachment No. 1 and the red-lined revisions. It is therefore recommended that Council advise the Region of Durham that the Town of Newcastle has no objections to the approval of revised draft plan of ...6 ~~'J REPORT NO.: PD-247-87 PAGE 6 subdivision 18T-85010, subject to the conditions outlined in Attachment No. 1 hereto, and that a copy of this report and Council's decision be forwarded to the Region of Durham and the applicant. CP~'TTE~ jip Attach. September 23, 1987 APPLICANT: Inchaffray Investments Ltd. e/o Ed Vanhaverbeke 214 King Street East BOWMANVILLE, Ontario L1C 1P3 Recommended for presentation to the Committee ~. ~~ ,~ 1' ~, ~,,~ Lawrence E otseff Chief Adm' i trative Officer )i ~/ ATTACHMENT N0. 1 TO REPORT PD-247-87 CONDITIONS OF APPROVAL REVISED DRAFT PLAN OF SUBDIVISION 18T-85010 1. That this approval shall apply to draft Plan of Subdivision 18T-85010, prepared by D.G. Biddle & Associates Ltd., identified as file number 86173-DP-3, dated revised July, 1987, which is revised in red as per the attached plan showing fifteen (15) lots for single family dwellings and three (3) blocks for future development. 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 requirements, specific provisions with respect to the following Conditions 3 to 20, 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 any encumbrances. 5. That the 0.3 metre reserve be dedicated to the Town and site triangles as shown on the draft plan. 6. A 6.0 metre by 6.0 metre site triangle on North Street should be provided at the intersection of the east/west road and North Street on the south/west corner. 7. The east/west right-of-way at--the-south-~-izmy~-e€ ~~ plan-should--be--shown ~,s-a--pr--oposed G¢rP~~._bo_dod~;t~d--as-much; -a~ad have a width of 26.21 metres (ie. collector status). 8. That the developer bear the costs (1000 of reconstructing the intersection with Regional Road 17 and North Street to the satisfaction of the Director of Public Works. 9. That the storm drainage of this development be designed and dealt with in a manner acceptable to the Director of Public Works. 10. 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. 11. That the Owner meet all the requirements of the Public Works Department, financial or otherwise. 12. The developer is required to provide street lighting at the intersection of Regional Road 17 and North Street and on the internal streets to the satisfaction of this Department. 13. All of the other standard requirements re: Lot Grading, Schedules of Work, Performance Guarantees, Cost Estimates, etc., should be included in this Subdivision Agreement. 14. That all road allowances in this draft plan be dedicated as public highways. ...2 y~~ Page 2 of ATTACHMENT N0. 1 TO REPORT PD-247-87 CONDITIONS OF APPROVAL REVISED DRAFT PLAN OF SUBDIVISION 18T-85010 15. That the Owner agrees to pay the municipality cash-in-lieu of five percent (5~) parkland dedication. 16. Prior to final approval, the Owner shall engage the services of a consultant to complete a noise study recommending noise control features satisfactory to the Ministry of the Environment and the Town of Newcastle. 17. 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 noise control features recommended by the acoustical report and approved by the Ministry of the Environment and the Town of Newcastle shall be implemented as approved, by requirements of the Subdivision Agreement. 18. 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: "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." 19. That the developer erect, at his expense a six (6) foot high chain link fence along the common boundary of the railway right-of-way and the subdivision, and that it be registered on title that lot purchasers are responsible for maintenance. 20. That the Owner agree to satisfy all requirements, financial and otherwise, of the Region of Durham concerning the provision of roads, sewers, water and other Regional services. 21. That Block 18 remain undeveloped until such time as the status of the collector road is finalized. /V.!T,/ y u cav ~ -oo ~-a~/ , i I i . `" \` ~c ~n i ~ ~~~o't ~ .. ~ ~ '' ~ ~ Y - a ° ~ ~ • / a u ~ •. ~ eiax 7 / \ .+ / j ~ ~ ~ ~. z. .:~ ~ ~ ~ ,~ • .~ ~ i ~~ CONC•\~ 2 ~.L ..1.. 1l c ~ ~ ~ 1o - - R SION 'i'C .DRAFT PLAN OF PROPOSED CONCESSION 2 PART OF tAT 29 SU DIVISIOf~I ~ - , ~ /:: ~~ ~•~ ~ ' '' 9 ( MERLY VILLAGE OF CASTLE) . \~ ~ e ~ ~ - • E IONAL~:NIt~(V LI OF DURHAM ' " ` ' --~~ ~ ~ ' (•S =?8~~1 187 L • ;;\` ~ ~ , \ ~ 1 ~ ' _~ j dQ'X •~ k O~ // I / ~• 2 ~/S r ` ... • • 1~• ~ ~ SUBJECT SITE i 1 ' J N i1 G / • ~ 1 1 dQ ~ LOT 30 LOT 29 LOT 28 1 t ` 3• p~ p w.~~oer.IT~..I_ lb/ ( 1 i ` 1 \ . _ ~~ ~ J I A `, ~ RH E N av ! Z EP O Nei I (n ' I1J V ~ Rhl Rt 1~ to ~,' Z C/yfN ' U ~ - 18 T - 8 5 010 , KING ST. 2 ~ w R 1 £ -~ - (H)Rt R2 Z n o~~~~ KEY MAP ' ~ ~ DN: B/L THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 87- being a By-law to authorize the entering into of an Agreement with Foster Creek Developments Ltd. 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 Mayor 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 Foster Creek Developments Limited 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 19$7 BY-LAW read a second time this day of 1987 BY-LAW read a third time and finally passed this day of 1987. MAYOR CLERK