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.
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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:
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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.
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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
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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
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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.
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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.
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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