HomeMy WebLinkAboutPD-263-87DN : 263-87 ~ (,-,
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TOWN OF NEWCASTLE
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NE~7IIVG: General Purpose and Administration Committee
~~~ Monday, October 19, 1987
T #: p„_~ti~_R~ FILE #: 1~i.~86.Ot~Q
SUBJECT: APPLICATION FOR APPROVAL OF PLAN OF SUBDIVISION
JOSEPH AND CARL SCHWARZ
PART LOT 22, CONCESSION 2, DARLINGTON
FILE: 18T-86009
RECOt~E1dDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-263-87 be received; and
2. THAT the Region of Durham be advised that, the, Town of Newcastle has no
objection to draft approval of Plan of Subdivision 18T-86008 subject to the
conditions outlined on Attachment No. 2 hereto; and
3. THAT a copy of Staff Report PD-263-87 and Council's decision be forwarded
to the Region of Durham and the applicant; and
4. THAT the attached by-law authorizing execution of a Subdivision Agreement
between Carl and Joseph Schwarz 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 Carl and Joseph Schwarz 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 Director of Planning.
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REPORT NO.: PD-263-87
BACKGROUND AND COMMENT:
PAGE 2
In February, 1986, Carl and Joseph Schwarz submitted applications to the Region
of Durham to amend the Durham Regional Official Plan for approval of a Plan of
Subdivision to permit the development of twenty-three (23) estate residential
lots on a 12.8 hectare (31.6 acre) parcel of land in Part of Lot 22, Concession
2, former Township of Darlington. The subject property was designated "Major
Open Space" by the Regional Official Plan. A revised paroposal for seven (7)
lots was subsequently approved by the Region.
Given the previous circulation in respect of the Official Plan Amendment, a
limited circulation of the revised plan was conducted at this time. The
following agencies/departments provided some comments or conditions for draft
approval.
Town of Newcastle Community Services Department
"No objection. The proposed subdivision is outside urban boundaries and as
such cash-in-lieu of parkland is required."
Town of Newcastle Fire Department
"This Authority would have no objection to 18T-86008 receiving draft approval
providing the following conditions are applied on our behalf:
1. No grading, filling, construction or alteration to vegetation shall occur
on the site without the written approval of the Central Lake Ontario
Conservation Authority (C.L.O.C.A.).
2. Prior to final approval of the plan, the Owner shall complete to the
satifaction of the C.L.O.C.A., an Engineering Hydrology Report for the
subject lands which details soil stratigraphy, identifies environmental
constraints on the use of private sewage disposal systems, and make
recommendations to minimize adverse impacts on and off the site.
Revisions to the draft-approved plan may be required to implement the
findings of the referred-to study.
3. The subdivision agreement shall contain provisions wherein the Owner
agrees:
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REPORT NO.: PD-263-87 PAGE 3
Central Lake Ontario Conservation Authority (Cont'd)
(a) to develop each lot in accordance with site plans approved by the
C.L.O.C.A. These plans are to indicate the locations of all
buildings and structures, the fields, vegetation, lot drainage, and
existing and proposed grades.
(b) to carry-out or cause to be carried-out the recommendations of the
hydrology report for the site, as referenced in Condition 2."
Ministry of Agriculture and Food
"The agricultural capability of the subject lands is lower than first indicated
and that the Ministry would no longer be pursuing its initial concerns with
this proposal."
Durham Regional Health Services Department
"Further inspection of the above proposed subdivision has been undertaken.
Lots fronting on Holt Road could be made suitable for on-site sewage disposal.
The water table on the western part of the subdivision is lower. The pond on
Lot 1 would have to be filled in or Lots 1 and 2 could be combined.
This Department would require drilled wells in the front of these lots and
raised the beds in the rear of the lots. Anew site plan showing drilled
wells and sewage disposal systems would be required by this Department."
Town of Newcastle Public Works Department
"We have reviewed the revised plan of subdivision as noted above, and submit
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 Town be granted free and clear of any
encumbrances.
3. That the 0.3m reserve across the frontage of the retained lands dedicated
to the Town and sight triangles as shown in red on the draft plan.
4. That the developer will bear the costs (100%) of any works on the Rundle
Road which are necessitated as a result of this development; i.e, ditching
profile related to future road grade.
5. That all secondary services for the proposed lots be constructed
underground (Hydro, Bell, Cable TV, , etc.).
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REPORT NO.: PD-263-87 PAGE 4
Town of Newcastle Public Works Department (Cont'd)
6. That the developer contributes 50~ of the costs of reconstructing Rundle
Road in accordance with Town Policy.
7. That the developer 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. All of the other standard requirements re: Lot Grading, Schedules of Work,
Performance Guarantees, Cost Estimates, etc., should be included in the
Subdivision Agreement."
The following agencies indicated no objection to the proposed development:
- Town of Newcastle Building Department
- Ministry of Natural Resources
- Ministry of Transportation and Communications
- Peterborough-Victoria-Northumberland and
Newcastle Roman Catholic Separate School Board
COMMENTS:
As noted earlier Council has given their support to a proposal to develop six
(6) or seven (7) lots on Rundle Road. The revised application proposes seven
(7) lots, each having access to Rundle Road. The Official Plan has been
amended to allow for development of seven (7) non-farm residential dwellings,
conditional upon the appropriate rezoning of the subject lands.
The limited circulation raised no objections to the proposed seven (7) lots,
however, several concerns with regard to the suitability and appropriateness of
the development were identified. The subject lands are primarily scrub land
with no distinct physical features and bounded by agricultural operations on
two (2) sides. The proposal does not meet the Town's criteria for cluster,
which states a rural cluster shall be bounded on at least three (3) sides by
natural or physical boundaries, and new development shall not be permitted in
proximity to active agricultural operations.
The Regional Health Department and Central Lake Ontario Conservation Authority
have both expressed concern regarding the high water table and wetness of the
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REPORT NO.: PD-263-87 PAGE 5
land. The Health Department, therefore, requested raised file beds be used and
these are to be located in the rear of the lots with the wells in the front of
the lot. Central Lake Ontario Conservation Authority recommended a detailed
Hydrological Report be completed. The Report examined, among other things,
soil strata in order to determine the degree to which the site can accommodate
private sewage disposal systems, while maintaining suitable water quality.
Staff would note that the placement of fill related to file fields and house
construction could adversely impact adjacent properties.
Public Works has requested the developer to bear all costs of works on Rundle
Road associated with the development and 50~ of the costs of reconstructing
Rundle Road in accordance to Town Policy.
Pursuant to a Council Resolution of a regular meeting held on Monday, February
23, 1987, the proposal to develop seven (7) lots on Rundle Road was given
approval subject to the red-line revisions and conditions of draft approval on
Attachment No. 1 annexed hereto.
Staff's recommendations for approval is based solely on said Council resolution
and direction since we feel there is no planning merit to support approval of
same.
CP~TTE~jip
Attach.
October 6, 1987
Applicant: Joseph & Carl Schwarz
R.R. ~~6
BOWMANVILLE, Ontario
L1C 3K7
Recommended for presentation
to the Committee
wrence ~/~~,. Kotseff
Chief Ad~~strative Officer
~(1~
ATTACHMENT N0. 1 TO REPORT PD-263-87
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-86009
1. That this approval shall apply to a revised draft Plan of Subdivision
18T-86009, prepared by Donevan and Fleisehmann Company Limited, Ontario
Land Surveyors, identified as Job No. 1-5687, dated revised January 20,
1987, which is revised in red as per attached plan showing seven (7) lots
for single family dwellings, plus an area which is to be retained by the
applicant.
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 19, 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 0.3m reserve across the frontage of the retained lands dedicated
to the Town and sight triangles as shown in red on the draft plan.
6. That the developer will bear the costs (1000 of any works on the Rundle
Road which are necessitated as a result of this development; i.e. ditching
profile related to future road grade.
7. That all secondary services for the proposed lots be constructed
underground (Hydro, Bell, Cable TV, , etc.).
8. That the developer contributes 50~ of the costs of reconstructing Rundle
Road in accordance with Town Policy.
9. That the developer meet all the requirements of the Public Works
Department, financial and otherwise.
10. All of the other standard requirements re: Lot Grading, Schedules of Work,
Performance Guarantees, Cost Estimates, etc., should be included in the
Subdivision Agreement.
11. That the developer be required to provide street lighting along Rundle
Road.
12. No grading, filling, construction or alteration to vegetation shall occur
on the site without the written approval of the Central Lake Ontario
Conservation Authority (C.L.O.C.A.).
13. Prior to final approval of the plan, the Owner shall complete to the
satifaetion of the C.L.O.C.A., an Engineering Hydrology Report for the
subject lands which details soil stratigraphy, identifies environmental
constraints on the use of private sewage disposal systems, and make
recommendations to minimize adverse impacts on and off the site.
Revisions to the draft-approved plan may be required to implement the
findings of the referred-to study.
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Page 2 of ATTACHMENT N0. 1 TO REPORT PD-263-87
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-86009
14. The subdivision agreement shall contain provisions wherein the Owner
agrees:
(a) to develop each lot in accordance with site plans approved by the
C.L.O.C.A. These plans are to indicate the locations of all
buildings and structures, the fields, vegetation, lot drainage, and
existing and proposed grades.
(b) to carry-out or cause to be carried-out the recommendations of the
hydrology report for the site, as referenced in Condition 2.
15. That the Owner agrees to pay to the Town, the cash value of the five
percent (5~) parkland dedications as requested.
16. That the Owner grant to the Town, free and clear of all encumbrances, all
easements and dedications as requested.
17. That prior to any construction, grading or filling taking place, the
applicant shall submit to the satisfaction of the Health Services
Department, site plans indicating location of drilled wells and sewage
disposal systems.
18. That the Owner agrees to locate drilled wells in the front of the approved
lots and sewage disposal systems in the rear of the lots on raised file
beds.
19. 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.
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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 Joseph and
Carl Schwarz 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 Joseph and Carl Schwarz 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 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