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HomeMy WebLinkAboutPD-256-87DN: 256-87 ~(c~ ,,,~,. ti.,,,~,~, . ~~ ~. ~'~ TOWN OF NEWCASTLE ~q ~. REPORT File # ~=~~ f ~~~~_~~ Res . # ~~:.' ,.3-~C~ /-` fig/ By-Law # ~ ~ ~ ~~'' 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. ...2 ~~~> 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." ...3 ~(c~ REPORT NO.: PD®256®87 Town of Newcastle Public Works Department PAGE 3 ®®®®_®®m®®®®®,~®®®®®_®®®~®®®®®®®®®®® "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." ...4 y~<c) 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." ...5 v <c~ 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 ...6 ~t~~ 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. ...7 ~~c> 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 r ~r ~p~ ~~~ 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. ...2 ~~~) 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. ...3 <c~ 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. ~e> /4NA%a N f J,aC,/'c/C ~A/'~' -OY ~ \ . ~ °v ~~ 0 _ d ~ \~. ~`, ~ ~~ \ 1 IS 7 i• 16 . • ^ •, ~ _ __ ~-.-` y ' `. ~ "% \ ~ ~ 13 ; , a` / 1 `•w. !. r ~ Iz f .-~ 11 ' . •-- - .. Q A a s . ~ - N 1~ ~ .. ~ FJ a ~ •_ _ • 5 ~ _ .'~' •, ' ~ `~ 4 : 8 _ . ' 9 i t `.. 2 _ `~ -_- - '~ -=- 1 . ~ .~ ~ ~ .< < I s " ~ SUBJECT SITE ~ a~.: ~ :.5~ L..OT 30 LOT 29 LOT 28 T~ ~. o ____ \ ;: .. a ~ ~ (H)R1 '~ a ~ ~ a i 1 { ' ~ R19 rl . N REVISION TO DRAFT PLAN OF PROPOSED '' o-uR R' ~- a SUBDIVISION PART OF LOT 29,CONCESStON 2 i ~ ~ Rai (FORMER<_Y VILLAGE OF NEWCASTLE) ~ TOWN OF NEWCASTLE. ~"'e" <'"~ °~ ~'~' R' Fo REGIONAL MUNICIPA>_!TY OF DURHAM Ro , (H)R1 ~*~ ai Ci a U I" KING ST. C; 2 -o R1 ~ ~I 18T-86053 ~~ cH~RI R2 ~ Z n.. ~~ o ~ ~ KEY MAP ® ~ ~.. ~ ~ DN: B/L ~(C 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