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HomeMy WebLinkAboutPD-260-87,,,,~ ..M,~~,:,., ~ ~-~., .d; .`=a TOWN OF NEWCASTLE (JNFINISHED BUSINESS ~~ REPORT File # ~~~~~~~~~ Res. # ~1~ --`l ~ ~ ~~ By-Law # %~ NESTING: General Purpose and Administration Committee ~~' Monday, October 19, 1987 T #: nn ~~n sz~ FILE #: -~-~-8-79~9~- SUB~CT: APPLICATION FOR APPROVAL OF A PLAN OF SUBDIVISION PENWEST CORPORATION LIMITED PART LOT 30, CONCESSION 1, NEWCASTLE VILLAGE FILE: 18T-87002 RECOhIMENDATIONS: c - 9y/-~7 It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-260-87 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-87002 subject to the ~_ conditions outlined on Attachment No. 1 he~~~=a.~ad ~~ 3. THAT a copy of Staff Report PD-260-87 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 Penwest Corporation 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 Penwest Corporation 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 Director of Planning. ...2 <~') REPORT NO.: PD-260-87 PAGE 2 BACKGROUND: On January 21, 1987, the Town of Newcastle was advised by the Region of Durham of an application for approval of a Plan of Subdivision submitted by Tunney Planning, agent for Penwest Corporation Ltd. The subject application proposes the creation of two hundred and twenty-nine (22g) lots on a 1.625 hectare parcel of land. The plan also proposed to provide municipal water and sewage disposal. In accordance with Departmental procedure the Plan was circulated to various agencies and departments for comments. The remarks received were generally in favour of the development, however, concerns regarding Official Plan conformity became apparent in light of the high density of the development. As well, there were problems relative to land allocations and alignment of walkways with surrounding draft approved plans. Following extensive discussions with the applicant's agent, the Regional Planning Department and various concerned agencies, a density suitable to the applicant and withian the confines of the Official Plan was achieved. In reducing the density, a number of lots previously proposed were deleted and land added to the parkland block. On June 8, 1987, the Town of Newcastle was notified by the Region of Durham of an application for approval of a revised Plan of Subdivision for the subject lands. Staff would note the lands are designated "Residential" in the Official Plan, and zoned "Holding - Urban Residential Type One ((H)R1)" in the Town of Newcastle's Zoning By-law 8~4-63, as amended. In accordance with departmental procedures, the revised application was circulated to obtain comments from other departments and agencies. Staff would note the following agencies/departments, in providing comments, offered no objections to the application as filed: - Ontario Hydro - Newcastle Community Services Department - Ganaraska Region Conservation Authority - Ministry of Natural Resources - Peterborough-Victoria-Northumberland and Newcastle Roman Catholic Separate School Board ...3 ~~~ REPORT NO.: PD®260-87 PAGE 3 Ministry of Transportation & Communications "We have completed our review of the subject draft plan and advise that this Ministry will require all buildings to be set back a minimum distance of 7.5 m (25 ft.) from the widened limited of Highway 2. Permits will be required for all buildings located within ~l5m (150 ft.) of our future highway property line prior to any construction being undertaken. Permits may be obtained from our District Office located at P.O. Box 150, Port Hope, Ontario, L1A 3W3 (885-6381). In addition, we will require the following condition of draft approval apply: 1. That a 0.3 m reserve extending along the entire Highway 2 frontage be conveyed by deed to the Ministry of Transportation & Communications; and 2. That a 5.0 m road widening be dedicated a public highway on the Owner's certificate at the final plan." Northumberland and Newcastle Board of Education "The Board is asking that the following conditions be met as a condition of draft plan approval: 1. That no occupancy be allowed in the development prior to the completion of a sidewalk on Edward Street from Baldwin Street to Ruddell Road. 2. And further, that no occupancy be allowed on other streets in the subdivision until such time that the sidewalks are completed." Newcastle Hydro Electric Commission "No comments or requirements with respect to electricity supply by this Commission. Ontario Hydro have overhead electrical distribution on the east side of Ruddell Road adjacent to this property. The subdivision owners may wish to arrange relocation of this line in order to preserve the underground appearance throughout." Town of Newcastle Fire Department "This Department has no objection to the above-headed application. The Department does however have a concern with how the part-time Fire Department is to maintain an adequate level of emergency service considering all of the development that is taking place throughout the municipality." ...~ L= ~~~ REPORT NO.: PD-260-87 PAGE 4 Durham Regional Public Works Department "We have no objection to further processing of this draft plan subject to the condition that the development of Lots 16 to 27 and 38 to 55 inclusive be withheld until such time as a commitment has been made by way of a subdivision agreement to install services on the adjacent subdivision (18T-85030) to the east. 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." Town of Newcastle Public Works Department "We have reviewed the application for Plan of Subdivision as noted above, and submit the following comments: 1. That the developer be responsible for the reconstruction of Ruddell Road to an urban standard to the satisfaction of this Department for the entire frontage to Ruddell Road of approximately 410 metres. 2. That a site servicing report to the satisfaction of this Department is prepared by the developer's consultant addressing the servicing needs of this site (i.e. preliminary road grades, major and minor storm drainage system etc). 3. That in accordance with the Subdivision Agreement with the abutting property (Plan 18T-85030 and 18T-84011), the Town endeavours to collect from the abutting developer monies for oversizing as denoted in Schedule "P" of the Subdivision Agreement. 4. That all works are completed in accordance with the Town of Newcastle's Design Criteria and Standard Drawings. 5. That any easements required by the Town be granted free and clear of any encumbrances. 6. That the 3.0 metre road widening be dedicated to the Town and sight triangles as shown on the draft plan. 7. That the developer will bear the costs (100) of any works on Ruddell Road which are necessitated as a result of this development. 8. That the utility distribution (Hydro, Bell, Cable TV, etc.) be installed underground and that all secondary services for the proposed lots be underground. g. That the developer meet all the requirements of the Public Works Department, financial or otherwise. ...5 L~ l~J REPORT NO.: PD-260-87 Town of Newcastle Public Works Department (Cont'd) PAGE 5 10. 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. 11. All of the other standard requirements re: Lot Grading, Schedules of Work, Performance Guarantees, Cost Estimates, etc., should be included in the Subdivision Agreement." STAFF COMMENTS: A review of the circulation comments for the revised proposed plan of subdivision produced no objections, although some agencies had various concerns and requested conditions of draft approval to be included. The Northumberland and Newcastle Board of Education have concerns regarding the safety of children travelling to and from school. They attempted to resolve their concerns through meetings with Mr. Tunney, the developer's consultant. The agreement reached requested the following be incorporated as conditions of draft approval: "1. That no occupancy be allowed in the development prior to the completion of a sidewalk on Edward Street from Baldwin Street to Ruddell Road. 2. And further, that no occupancy be allowed on other streets in the subdivision until such time that the sidewalks are completed." Staff have some concerns with these conditions, in light of the timing involved. Sidewalks are generally the last aspect of a subdivision development, in order to prevent damage caused if heavy machinery consistently crossed over sidewalks to develop the lots. Also because houses are built as the lots are sold, there is no set pattern to the development, one lot may be developed while the property on either side may remain vacant for months. Therefore, establishing a complete sidewalk prior to finishing all dwellings and landscaping in a subdivision would be most unfeasible. Ministry of Transportation and Communications comments regarding requests for land dedications and reserves have been incorporated into the revised plan, as were Staff's concerns in respect of parkland. The revised plan increased the ...6 ~~~> REPORT NO.: PD-260-87 PAGE 6 park space by 0.448 hectares. These land dedications assisted in resolving the density issue which Staff previously raised. The revised proposal decreased the number of residential units per hectare by over 3.5, in order to comply with the Newcastle Village Official Plan. The Town of Newcastle Public Works Department had concerns regarding servicing and drainage both to the site and the surrounding area. The Works Department notes that abutting properties have already entered into a Subdivision Agreement and have oversized services to accommodate development to these lands. At this time the developer will be required to contribute to the costs incurred for the oversizing. The Owner will be required to upgrade Ruddell Road to urban standards in order to allow the accesses requested to the 24 lots having frontage thereon. As well a Servicing Report will be required prior to development commencing. The Report will be to the satisfaction of the Public Works Department and will address servicing needs of this site, including; preliminary road grades, major and minor storm drainage systems. Staff note that the subject lands are presently zoned "Holding - Urban Residential Type One ((H)R1)" by the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended. As of the date of writing this Report, no application has been received requesting amendment to the By-law. In consideration of the comments received and contained within said Report, Staff would have no objections to the approval of the revised proposed Plan of Subdivision 18T-87002. Recommended for presentation to the Committee ,% ~ ,: ®a~ ence E~ otseff thief Admi~ni trative Officer CP~TTE~jip Attach. October 5, 1987 CC: Mr. Kevin Tunney Tunney Planning 117 King Street Box 358 WHITBY, Ontario L1N 5S4 ~~~~ ATTACHMENT N0. 1 TO REPORT PD-260-87 TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL SUBDIVISION APPLICATION 18T-87002 1. That this approval shall apply to a draft Plan of Subdivision 18T-87002, prepared by Merril D. Brown Ltd., Land Surveying and Engineering, identified as Drawing No. 117-1-D2, dated May 11, 1987, which is as per the attached plan showing One Hundred and Twenty-four (124) lots for single family dwellings and twenty-eight (28) lots for semi-detached dwellings, plus three (3) blocks for future development, and one (1) block dedicated for parkland. 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 17, 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 3.0 metre road widening be dedicated to the Town and site triangles as shown on the draft plan. 6. That the developer will bear the costs (100) of any works on Ruddell Road which are necessitated as a result of this development. 7. That the utility distribution (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. 9. All of the other standard requirements re: Lot Grading, Schedules of Work, Performance Guarantees, Cost Estimates, etc., should be included in Subdivision Agreement. 10. Prior to any construction being undertaken, permits will be obtained from the Ministry of Transportation and Communications for any buildings within 45 m of the future Highway No. 2 property line and all buildings will be set back a minimum of 7.5 m from said line. 11. That the Owner convey by deed, to the Ministry of Transportation and Communications, a 0.3 metre reserve extending along the entire Highway No. 2 frontage. 12. That the Owner dedicate a 5.0 metre road widening along the entire Highway No. 2 frontage as public highway. ...2 ~C~~ Page 2 of ATTACHNNIENT N0. 1 TO REPORT PD-260-87 TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL SUBDIVISION APPLICATION 18T-87002 13• That the Owner agrees in writing to satisfy all requirements, financial and otherwise, of the Region of Durham concerning the provision of roads, sewers, water and other Regional services. 14. That the developer be responsible for the reconstruction of Ruddell Road to an urban standard to the satisfaction of this Department for the entire frontage to Ruddell Road of approximately 410 metres. 15. That a site servicing report to the satisfaction of this Department is prepared by the developer's consultant addressing the servicing needs of this site (i.e. preliminary road grades, major and minor storm drainage system etc.). 16. That in accordance with the Subdivision Agreement with the abutting property (Plans 18T-85030 and 18T-84011), the town endeavours to collect from the abutting developer monies for oversizing as denoted in Schedule "P" of the Subdivision Agreement. 17. That the Town of Newcastle accept Block 156 as parkland dedication. ~~l y o m fl0~10 H1C)CNING L _ LH /W ~ Y. ~ ~ IN^bi 12 ~ ~ .~_...._... d (yJ I.....~-I 'a''-i •~ ,I~ Yt \ • (de) \ \ n~ iei • 1 O _ ~ Q e I O / ~ ~% ~./» X13. .,...,7" STREET C j \ ( .w' O (~ ' /K m . J« ~.S i \o a) Y' >. .~ .. / ' '~ x'70- (n ~ i « w a~ Jr « w a u •u a I 4 F- ~/ /n I,. i a I d' J O ~ i •''= J \ M /N • ~ -~ ~ /« > t 1 -~'~ ,w PARK 1 ~\. I- J / z 2 1 "/ ~ 1• « «/• ~ > `1 pd3 TREE j ,os~ ...~ 1.179 ha / L ~ F 4d r~~ '1 N i« / Ni o fi9LOCfC Aj ~r~. ~ t ~ n)< a, ../a, / .~ I ~ ~\ (/k~w ~\ o s rff) ~ " STREET ~ A ~ _ ~ .~e. ~ 1 ,a W M ,« ,a ~ ae tf/ uy ,as lY ~• •/ ~ { m ~ y ~ ~ ~ t7 \ I I \ ,\a / y J 1 \ .. ... \ d `' ~ `' ~ OCK 153 ~ 1 I /STREET//b / 3 () \\ . '° J \ \ \ • ~ L ' X 1' ,., t t I/ / m ~ 1 ~/' r Y~ // 1. .1 •?~ r' ~ tea' /('ka / ~~ y +io ~,e ,u j rot ~ K m ~ fu ~ . 1 •1'• ' '~ K LOt~C 154 /. ~ // B OCK ]55 t i i / 1 L O J I 4 \ ewsn C li~510 n I / ~ I 1 1''~ 1. I ~' 1 ~',. {:::~~,: •: ] 's l "'"' N ta f97 I I r ~ ~ EC ~ , IT "f ~/ l # . I I •• . I o.i ~ 10 \y --~~ f ~~ ~ ~~ I 1 I 7 i., 1 LJ 1_U_1-t~;~1_1T ~ T\ ~ ~ -- -~' i ~ 1 I I i 1 L _ \ ~- I r ~- i I _: _ PROPOSED DRAFT PLAN -- ~ ~ T _ ~ ~ O O N U OF LOT PART 30, CONCESSION 1 _ TOWNSHIP OF CLARKE TOWN OF NEWCASTLE REGIONAL MUNICIPALITY OF DURHAM KING STREET HWY No. 2 ~ rn o ~ ~ 00 ~ o ~ < ~ o Z OO SITE ~s ~ 3 ~ m o J Lt ~ J O J N W m ° VILLAGE OF NEWCASTLE -' ~ J ~ HART DLVO. ~, z A •~ m SUNSET BLVD. '^ M A C D O N A L D C A R T I E R F R E E W A Y DN: B/L THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 87- peing a By-law to authorize the entering into of an Agreement with Penwest Corporation Limited and the Corporation of the Town of Newcastle, 'Phe 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 Penwest Corporation Limited aqd the said Corporation dated the day of , 1987, in tY~e 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. I BY-LAW read a first time this day of 1987 I BY-LAW read a second time this day of 1987 BY-LAW read a third time and finally passed this day of 1987. I MAYOR ~~ (k) CLERK ATTACHMENT N0. 1 TO REPORT PD-260-87 TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL SUBDIVISION APPLICATION 18T-87002 1. That this approval shall apply to a draft Plan of Subdivision 18T-87002, prepared by Merril D. Brown Ltd., Land Surveying and Engineering, identified as Drawing No. 117-1-D2, dated May 11, 1987 and revised November, 1987, which is as per the attached plan showing One Hundred and Thirty-seven (137) lots for single family dwellings and twenty-two (22) lots for semi-detached dwellings, plus three (3) blocks for future development, and one (1) block dedicated for parkland. 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 17, 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 3.0 metre road widening be dedicated to the Town and site triangles as shown on the draft plan. 6. That the developer will bear the costs (100$) of any works on Ruddell Road which are necessitated as a result of this development. 7. That the utility distribution (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. 9. All of the other standard requirements re: Lot Grading, Schedules of Work, Performance Guarantees, Cost Estimates, etc., should be included in Subdivision Agreement. 10. Prior to any construction being undertaken, permits will be obtained from the Ministry of Transportation and Communications for any buildings within 45 m of the future Highway No. 2 property line and all buildings will be set back a minimum of 7.5 m from said line. 11. That the Owner convey by deed, to the Ministry of Transportation and Communications, a 0.3 metre reserve extending along the entire Highway No. 2 frontage. 12. That the Owner dedicate a 5.0 metre road widening along the entire Highway No. 2 frontage as public highway. ...2 Page 2 of ATTACHMENT N0. 1 TO REPORT PD-260-87 TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL SUBDIVISION APPLICATION 18T-87002 13. That the Owner agrees in writing to satisfy all requirements, financial and otherwise, of the Region of Durham concerning the provision of roads, sewers, water and other Regional services. 14. That the developer be responsible for the reconstruction of Ruddell Road to the satisfaction of this Department for the entire frontage on Ruddell Road of approximately 410 metres. 15. That a site servicing report to the satisfaction of this Department is prepared by the developer's consultant addressing the servicing needs of this site (i.e. preliminary road grades,~major and minor storm drainage system etc.). ~ 16. That in accordance with the Subdivision Agreement with the abutting property (Plans 18T-85030 and 18T-84011), the Owner agrees to contribute to the cost of the Edward Street crossing of the Foster Creek, to an amount not to exceed 50~ of same exclusive of the actual road works. 17. That the Town of Newcastle accept Block 156 as parkland dedication which represents an overdedication of 0.45 hectares. ~ m10C s' ' S.0 R 0 VA NI H, W Y. N o NG '\`<~ - .u..c 2 H>~ ~ 2tl J j J 3J 35 3 J) ~ - G} 3.0 m 'e ROAD w10ENIN0 3 •~' ~~ Y J9 _ ~ I ~8 ~ 1 ` L 1' : ... I c5 Q 4 19 1 S • ~ ~ _ I Pz J I 5 ) 1 i3 n S y 11 _ -~ I D 6 - ~ a a ! 12 I I ,„ I lL I _ 7 A a9 _ _ \i ( a „3 }. IJ r1 ~ 1 / ~ ~ Q ~ s 9 s 2 _ . Ll ~ I Q , w STREET C ,y3 ~ --~ I ~ o _ m ' ~• ~~ ~ ~°J (n U I ~ . ~ ~ •141 u1 ~ i ' ( 65 llJ 21 a ~ ~ ~ `~ O ~ 11 I „ u 61 w ` ~ ~ O I~ •- a ~ ~ ~ e7 U 1 9s P A R K 4 a,?~ ~ _ / I ~.) az ~ °° ~ E •••.+ BLOCK 163 I ~! ___ !n z7 w a ~ ~ 9 0 2 TREET x 9a 1.t 79 no F BL CK A R r s ~ 9 9o v1 ° '~ L g ~ O 17 e a ! se A S ~ - 111 v2 F ~ 2 9) . I f~1 ~ V ,i `" g ~ r I ( o w R o s w) STREET A " I ~. I ~ 1 ~~ ~,. o, cH,lao tr Y I ~. ~ J 15 150 119 tta 10 i IIS i 1 1 113 l 1M ;' ~' 11] 126 - ~ 102 ~'W^ ` I 0 ` I N ~ 5 d d d ' lw ' ~a ~ a J M I , • ) 129 1 ul 1J2 lu 1 21 ~ 1 lJa i~ y:o14' 101 ay BLACK 160 x I , STREET y K ~ ° 1os 100 = ` RE ~ /` r E ~J ~ °~' ~ ~ I 8' m ~' I 1 .>a .w 19 lla 17 116 1 111 11J 1 a, r lab 99 ~ 9 111 1 a O t61 ,,. BL(SCfC ~ // O I ~ 1 , ~ ~ 1 0 09 108 10) a:. ~ +~ B , ,,,} 8 Vl.i( ~6Z CK t J E / Gr ~ ~ 1 I I \\ X`~ ~ R SIOE~77A~ / / \ 1 ~ I I I RCANI No.I 76Tii)97i0 1 I I I I ' \ PROPOSED DRAFT PLAN OF SUBDIVISION PART OF LOT 30, CONCESSION , ~ 18 T - 8 7 ~ ~ 2 TOWNSHIP OF CLARKE TOWN OF NEWCASTLE REGIONAL MUNICIPALITY ~ OF DURHAM KING STREET H WY No. 2 ~ 0 8 ~ ~ 00 < T O SITE ~ ~ ~s ~ 3 O Z OO J ~ m ~ U' .Zl J ~ W O O N m ~ V I L L A G E O F NEWCASTLE e J ~ HART BLVD. SUNSET BLVD. cJ ~ A 'V m 1^ x M A C D O N A L D CAR T I E R FREE W A Y