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TOWN OF NEWCASTLE
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I~'' General Purpose and Administration Committee
~~' Monday, October 19, 1987
SUB~CT: APPLICATION FOR APPROVAL OF PLAN OF SUBDIVISION
FOSTER CREEK DEVELOPMENTS LIMITED
PART LOT 29, CONCESSION 2, NEWCASTLE VILLAGE
FILE: 18T-86053
RECOhlk1ENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-256-87 be received; and
2. THAT the Region of Durham be advised that the Town of ,Newcastle has no
objection to the draft approval of the Plan of Subdivision 18T-86053
subject to the conditions outlined on Attachment No. 1 hereto; and
3. THAT a copy of Staff Report PD-256-87 and Council's decision be forwarded
to the Region of Durham and the applicant; and
~. THAT the attached by-law authorizing execution of a Subdivision Agreement
between Foster Creek Developments Ltd. 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 Foster Creek Developments Ltd. and the Corporation of the Town of
Newcastle at such time as an Agreement has been finalized to the
satisfaction of the Director of Public Works and the Director of Planning.
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REPORT NO.: PD-256-87 PAGE ?_
BACKGROUND AND COMMENTS:
On September 26, 1986, the Town of Newcastle was advised by the Region of Durham
of an application for approval of a Plan of Subdivision submitted by Foster
Creek Developments Limited. The subject application proposes the creation of
nineteen (19) single family lots on a 1.929 hectare parcel of land on the west
side of Regional Road No. 17 immediately south of the C.P.R. tracks in Newcastle
Village.
The lands in question are presently zoned "Holding - Urban Residential Type One
((H)R1)" and "Environmental Protection (EP)", and designated "Residential" in
the Official Plan. the proposed development is essentially a continuation of
an approved Plan of Subdivision (18T-85010); the lands immediately to the east.
The 18T-85010 Plan (Inehaffray Investments) has since been revised in order to
allow a street configuration compatible to both proposals.
In accordance with departmental procedure, the subdivision application was
circulated to various departments for comments. As well, the Region has
provided copies of all comments received through their circulation of the
application. The following is a summary of the major comments.
The following agencies had no objections to the proposal:
- Newcastle Fire Department
- Newcastle Hydro Electric Commission
- Ministry of Agriculture and Food
- Ontario Hydro
- Regional Health Unit
Town of Newcastle Building Department
"Consideration should be given to noise attentuation for lots adjacent to
C.P.R. line."
Town of Newcastle Community Services Department
"Our department has no objection to this application. Cash-in-lieu of 5~
parkland dedication will be required. However, notwithstanding the above, shall
require the gratuitous dedication of the valleylands associated with the Foster
Creek."
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REPORT NO.: PD®256®87
Town of Newcastle Public Works Department
PAGE 3
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"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 sight triangles as
shown on the draft plan.
4. 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.
5. That the storm drainage of this development be designed and dealt with in a
manner acceptable to the Director of Public Works.
6. 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.
7. That the Owner meet all the requirements of the Public Works Department,
financial and otherwise.
8. 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.
g. 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.
10. All of the other standard requirements re: Lot Grading, Schedules of Work,
Performance Guarantees, Cost Estimates, etc./, should be included in
Subdivision Agreement."
Ministry of the Environment
"We have reviewed the application and have identified a serious noise concern
due to the development's proximity to Canadian Pacific Railway. We therefore
recommend that a noise feasibility study be completed prior to draft approval to
meet provincial noise level guidelines. This Report should be completed to the
satisfaction of the Ministry of the Environment and the Town of Newcastle."
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REPORT NO.: PD-256-87 PAGE ~1
Canadian Pacific Railway
"In order to discourage children from trespassing onto the right-of-way, a
condition would also be required in the Site Plan Agreement stating that a six
foot high chain link fence be erected along the common boundary of the railway
right-of-way and the subdivision by the developer, at his expense. The
developer is also to be made aware of the necessity of including a covenant
running with the land, in all deeds, obliging the purchasers of the land to
maintain the fence in a satisfactory condition at their expense."
Ministry of Natural Resources
"Ministry Staff have reviewed the plan and inspected the site. While we have no
objections to the principle of development on this site, we do have concerns
which should be addressed prior to the approval of the plan.
Foster Creek and its associated valley lands are located adjacent to the
property on the west. Currently, Town of Newcastle Zoning By-law 84-63 zones
these lands as "Environmental Protection (EP)". We support this zoning.
The submitted plan indicates that a road extension, crossing Foster Creek, is
planned in the southern portion of the property in the future. This creek
crossing will be subject to approvals under the Lakes and Rivers Improvement
Act. This "Future Road Extension" is not proposed as part of this subdivision
plan. However, for information purposes, we are forwarding an "Application of
Approval of a Work" to the developer to advise him of our requirements.
Recommendations:
Based on the above, the Ministry of Natural Resources has no objections to this
plan provided that it be subject to the following conditions:
1. Prior to any grading or construction on the site, the Owner shall erect a
snow fence or other suitable barrier on the western boundary of the site
adjacent to the Foster Creek valley lands. 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 lands of Foster Creek.
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 construct and maintain the barrier as required in
Condition 1 above."
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REPORT NO.: PD-256-87 PAGE 5
Ganaraska Region Conservation Authority
"In reviewing comments from the first circulation, the Authority raised concerns
regarding major encroachments on the Regional storm floodplain in a number of
the nineteen (19) lots proposed. Also they had noted that Floodline mapping
completed by the Authority and the Municipality indicated Regional Storm
floodline elevation of 93e~+5m (306.6 ft.) as opposed to what was shown on the
proposed plan.
In reviewing the revised plan, the Authority agreed with the Engineer's
calculations regarding possible cut and fill work needed to accommodate the
proposed development. Their only request was that, prior to final approval, a
grading plan be submitted to the Authority for their approval."
Regional Public Works Department
"The usual Regional Municipality 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 Regional
Subdivision Agreement."
Northumberland and Newcastle Board of Education
"Please be advised that the above plan of subdivision for Clarke Township, for
nineteen (19) lots was discussed with members of the Board of Education and that
no objection was raised.
However, it was noted that the above subject area is without sidewalks and is
located by a busy Regional road. The Town should therefore be asked to consider
installing sidewalks for added safety."
STAFF COMMENTS:
The circulation for this draft plan of subdivision has highlighted two (2)
significant issues of concern by the agencies involved. These include the
proximity of the CPR tracks to the proposed development interims of the noise
level and major encroachments on the Regional Storm Floodplain of a number of
the proposed lots.
The Newcastle Village Official Plan (Section 2.1.3(vii)) requires that
appropriate buffers such as setbacks, berms, walls, etc. be incorporated to
separate residential uses from non-residential uses for the purposes of reducing
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REPORT NO.: PD-256-87 PAGE 6
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.
Staff note the Ministry of the Environment after reviewing the application
identified noise as a serious concern to that Ministry due to the development's
proximity to CPR. Therefore, they have requested a Noise Feasibility Study be
completed fprior to draft approval in order to ensure provincial noise level
guidelines are met. The Report will be completed to the satisfaction of both
the Ministry of the Environment and the Town of Newcastle.
The Canadian Pacific Railway had no objections to the proposed Plan of
Subdivision, with the condition that measures be implemented to reduce the
impact of railway operations on the Subdivision. One such measure shall be
requiring the developer (at his expense), to erect a six foot high chain link
fence along the common boundary of the railway right-of-way and the subdivision,
and obliging the purchasers of the land to maintain said fence.
Both the Ganaraska Region Conservation Authority and the Ministry of Natural
Resources have indicated concerns with the proposed plan, in regards to major
encroachments on the "Environmental Protection (EP)" zone and the Regional Storm
Floodplain.
Ganaraska Conservation Authority Staff had disagreed with the original
proposal's illustration of the Floodplain limit, rather they indicated the
93.45m (306.6 ft.) contour is equal to the Regional Storm Floodplain limit. Set
at this level, the line would have bisected Lots 1 through 9 and Lots 13 through
16 at various depths of the proposed lots. Staff concurred with the Authority's
suggestions to eliminate the encroachment of lots into the Regional Storm
Floodplain either be redesign or cut and fill around the affected lots. The
revised plan has engineered a cut and fill plan whereby the rear lot elevation
would be 84.00. The cut and fill program would not adversely affect the
Regional flood volume of water in the valley and has been approved by the
Conservation Authority. Their only concern can be addressed in the Subdivision
Agreement.
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REPORT NO.: PD-256-87 PAGE 7
Staff have also reviewed the comments submitted by the Town of Newcastle Public
Works Department and Community Services Department, as well as the Regional
Works Department and Ministry of Natural Resources and are recommending the
appropriate clauses be included in the Town's conditions of draft approval. In
response to the Board of Education's concern regarding sidewalks, it is noted
that all urban area developments require full public amenities such as sidewalks
and streetlighting, the subject site would be included due to the length of
street involved.
Staff note the revised plan of subdivision as submitted by the applicant's
consultant, allows for a collector road alignment with the proposed subdivision
to the east (18T-85010). Also this revised submission leaves one additional
Block (19) for future development. Although the 93.5 m floodline boundary
still bisects some of the proposed lots, the applicant has submitted a cut and
fill plan to the Conservation Authority, which must be approved prior to
development taking place.
Staff note that the Plan of Subdivision as proposed, would be dependent on
approval and development of the revised Plan of Subdivision (18T-85010) adjacent
to the east.
Based on our review of the comments received and contained within said Report,
Staff would have no objections to the approval of the Plan of Subdivision
18T-86053, subject to the conditions of draft approval on Attachment No. 1
annexed hereto.
It is therefore recommended that Council advise the Region of Durham that the
Town of Newcastle has no objections to the approval of draft plan of subdivision
18T-86053, 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.
Recommended for presentation
to the Committee
I wre c Kotseff ___®_____
Chief dm'nistrative Officer
CP'~TTE'~jip CC: Mr. Ed Vanhaverbeke
~Attaeh. 214 King Street East
October 5, 1987 BOWMANVILLE, Ontario
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ATTACHMENT N0. 1 TO REPORT PD-256-87
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-86053
1. That this approval shall apply to a draft plan of Subdivision 18T-86053,
prepared by Donevan and Fleischmann Co. Ltd., Ontario Land Surveyors,
identified as Drawing No. 86173-DP-2, dated August, 1986, which is revised
in red as per attached plan showing nineteen (19) lots for single family
dwellings and one (1) block.
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 No. 3 to 21, 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.
6. 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.
8. That the Owner meet all the requirements of the Public Works Department,
financial and otherwise.
g. The developer is required to provide street lighting on the internal
streets to the satisfaction of this Department.
10. All of the other standard requirements re: Lot Grading, Schedules of Work,
Performance Guarantees, Cost Estimates, etc./, should be included in
Subdivision Agreement.
11. That all road allowances in this draft plan be dedicated as public
highways.
12. That the Owner agrees to (a) pay the municipality cash-in-lieu of the five
percent (5~) parkland dedication; and
(b) the gratuitous dedication of the valleyland associated with the Foster
Creek.
13. That prior to final approval, the Owner shall submit a Noise Study
recommending noise control measures satisfactory to the Ministry of the
Environment and the Town of Newcastle.
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Page 2 of ATTACHMENT N0. 1 TO REPORT PD-256-87
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-86053
14. Prior to final approval, the Ministry of the Environment shall be notified
by a copy of the fully executed subdivider's agreement between the
developer and the Municipality, that the noise control measures,
recommended by the acoustical report and any features recommended by the
Ministry shall be implemented as approved, by requirements of subdivider's
agreement.
15. That Blocks 19 & 20 remain undeveloped until the status of the collector
road crossing Foster Creek is finalized.
16. In the event that a slight noise level excess will remain despite the
implementation of the noise control measures, the following warning clause
shall be included in a registered portion of the subdivider's agreement and
shown in all Offers of Sale and Purchase on those lots identified by the
Ministry of the Environment:
"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."
17. That the developer erect, at his expense, a six 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 purchasers are responsible for
maintenance of the fence in a satisfactory condition at their expense.
18. That prior to final approval the applicant shall submit a Grading Plan,
sa"tisfaetory to the Ganaraska Region Conservation Authority and the Town of
Newcastle.
19. Prior to any grading or construction on the site, the Owner shall erect a
snow fence or other suitable barrier on the western boundary of the site
adjacent to the Foster Creek valleylands. 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 valleylands of Foster Creek.
20. That the Owner agrees to satisfy all requirements, financial and otherwise,
of the Region of Durham concerning the provision of roads, sewers, water
and other Regional services.
21. The Subdivision Agreement between the Owner and the municipality shall
contain the following provisions:
(a) that the Owner agrees to implement the recommendations of the
Acoustical Report as approved by the Ministry of the Environment.
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Page 3 of ATTACHMENT N0. 1 TO REPORT PD-256-87
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-86053
21. (b) that the Owner agrees to carry out filling and grading as recommended
in the Engineer's Report subject to the approval of the Conservation
Authority.
(c) that the Owner agrees to construct and maintain a barrier as required
by the Ministry of Natural Resources.
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REVISION TO DRAFT PLAN OF PROPOSED ''
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SUBDIVISION PART OF LOT 29,CONCESStON 2 i ~ ~
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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 Foster
Creek Developments Limited 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 Ltd. and the said Corporation
dated the day of , 1987, in the form attaohed hereto as
Schedule "X".
2, THAT the Mayor and Clerk are hereby authorized to accept, on behalf of
j 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.
MAYOR
CLERK