HomeMy WebLinkAboutPD-161-89DN: HEMING
TOWN OF NEWCASTLE
REPORT File #
Res. #
By -Law #
MEETING: General Purpose and Administration Committee
DATE: Monday, July 3, 1989
T #: PD- 161 -89 FILE #: 18T ®86012
SUBJECT: SUBDIVISION APPLICATION - BERNHARD HEMING
PART LOT 9, CONCESSION 7, TOWNSHIP OF DARLINGTON
FILE: 18T -86012
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-161 -89 be received;
2. THAT the proposed Plan of Subdivision 18T -86012 revised and received by the
Town on March 20, 1989 which is further revised in red as per Attachment
No. 1, be APPROVED subject to the conditions contained in this Report;
3. THAT the Mayor and Clerk be authorized, by by -law, to execute a Subdivision
Agreement between the applicant /owner 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; and
4. THAT a copy of Report PD- 161 -89 and Committee and Council's recommendation be
forwarded to the Region of Durham.
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1.1 In January of 1989 the Town of Newcastle Planning and Development
Department was advised of a revised plan of subdivision in Part Lot 9,
Concession 7, Darlington. The revised plan of subdivision proposed to
create a nine (9) lot subdivision in the Hamlet of Tyrone on a 3.65 ha
parcel. The average lot size is approximately 3210 m2. The subject
property is located on the west side of Regional Road # 14, north of
Concession Road # 7 and east of the Tyrone Community Park.
1.2 The original plan of subdivision application submitted February 1986,
proposed a total of eleven (11) lots on the subject property.
Similtaneously an application to amend the Hamlet Development Plan has
been submitted. This application encountered opposition leading the
applicant to withdraw the application and scale down the proposed plan
of subdivision to comply with the Hamlet Development Plan. The revised
plan eventually received Draft Approval at the Region on April 15, 1987
for a total of seven (7) lots.
1.3 In May of 1987, Mr. Heming submitted an application to amend the Tyrone
Hamlet Development Plan. This application proposed to increase the
maximum number of lots permitted on the subject property from seven (7)
to ten (10). In July of 1987, Staff presented a report to Committee and
Council on the said application. Said Report recommended an approval in
principle to the application, however, the maximum number of lots
permitted was reduced to nine (9). Approval in principle was recommended
to allow the applicant to provide further supporting documentation.
1.4 Regional approval of the Tyrone Hamlet Development Plan to allow a
maximum of 9 lots was given September 9, 1987. This approval created the
possibility for the present application for approval of a revised Plan
of Subdivision.
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REPORT NO.: PD-161-89
2. OFFICIAL PLAN CONFORMITY
PAGE 3
2.1 Within the Durham Regional official Plan the subject property is
designated to be in the Hamlet of Tyrone. The predominant use within
the Hamlet shall be for residential purposes, the application would
appear to comply.
2.2 Within the Town of Newcastle official Plan, the subject property is also
located within the Tyrone Hamlet Secondary Plan. The lands are further
designated "Residential Expansion". The Plan provisions further note
that all new residential development within a Hamlet shall be serviced
with private drilled well, and a private waste disposal system which
complies with Ministry of the Environment standards as administered by
the Health Department.
2.3 The Town's present official Plan contains Hamlet policies of the Town
Official Plan requiring a minimum lot size of 0.4 ha ( 1 acre), and any
reduction to this size would require an official Plan Amendment.
However, in light of the date of submission for the revision, and the
fact that Council has previously approved the development of nine (9)
lots on the subject lands, Staff is of the opinion that the recently
approved official Plan policies should not be made retroactive.
3 ZONING BY-LAW CONFORMITY
3.1 Within the Town of Newcastle Comprehensive Zoning By-law 84-63, as
amended, the subject property is zoned "Residential Hamlet - Holding
((H) RH)". The "RHII zone permits a single detached dwelling on lots
maintaining a 3000 square metre (.75 acre) lot area minimum and a 30
metre (100 ft.) frontage minimum. The plan as most recently revised
would appear to comply. Staff note that should the application be
approved, at such time as an agreement is being entered with the Town,
the applicant will be required to submit a rezoning application to
remove the 'Holding (H)l symbol.
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REPORT NO.: PD- 161 -89 PAGE 4
4 CIRCULATED AGENCIES
4.1 The revised application proposing nine (9) lots was circulated to a
limited number of agencies by Regional Planning Staff. These included
the Town of Newcastle, Regional Public Works and the Department of
Health Services. Planning Staff in turn undertook a circulation to
internal departments.
4.2 The Town of Newcastle Fire Department Staff noted no objection to the
proposal as presented. The Town's Community Services Department Staff
also had no objection to the proposal. However, as conditions of
approval the applicant is required to pave and fence the walkway to the
park (Block 10) and contribute a 5% cash -in -lieu of parkland dedication.
4.3 The Town's Public Works Department originally could not support the
revised application as submitted. However, discussions between
Planning Staff, Public Works Staff and the applicant have culminated in
a further revision which is satisfactory to the three parties concerned.
Works Staff therefore have no objection subject to the standard
conditions of approval.
4.4 The Regional Health Department comments on the proposal noted that each
lot must have its own drilled well; each lot will require a raised
septic tank and the bed containing granular fill; and lots 1, 2, 8 and
9 will require the use of sewage pumps and pump chamber for on -site
sewage disposal.
4.5 Regional Public Works Staff reviewed the revised Plan of Subdivision and
concluded the additional two (2) lots would nave no significant impact
on Regional Road 14, therefore, the previous conditions of draft
approval remain applicable. However, Staff have requested that the
owner shall obtain and dedicate to the Region a 12.19 m by 4.57 m and a
26 m by 9.75 m sight triangle on the northwest and southwest corners
respectively.
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REPORT NO.: PD- 161 -89 PAGE 5
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4.6 Other agency comments that were included in the previous conditions of
draft approval will remain applicable. These include the Central Lake
Ontario Conservation Authority and the Ministry of the Environment.
5. STAFF COMMENTS
5.1 As noted in said report the applicant has previously received Draft
Approval of a Plan of Subdivision allowing the creation of seven (7)
lots. The proposal to revise this plan to allow nine (9) lots on the
subject lands appears to now be in compliance with both the Official
Plans and the Town of Newcastle Zoning By -law.
5.2 Staff notes agency comments are favourable to permit the proposed plan
of subdivision, subject to various conditions. The applicant's revision
to the plan, in order to satisfy the Town's Public Works and Planning
Departments, do not drastically change the intent or design of the
subdivision. However, the revisions allow for the drainage and proper
turn around facilities, in addition all lots will now comply to the
zoning requirement minimum of 3000 square metres.
6. RECOMMENDATION
6.1 In consideration of the comments contained within said report and the
draft approval previously received, Staff would have no objection to the
approval of the proposed Plan of Subdivision, as red -lined revised and
subject to the conditions of draft approval as contained on Attachment
No. 1 annexed hereto.
Respectfully submitted,
at'-
JALIC�L ---------
t.
Franklin Wu, M.C.I.P.
Director of Planning & Development
CP *FW *cc
*Attach.
June 16, 1989
Recommended for presentation
to Committee
Lawren E. Kotseff
Chief A ministrative Officer
INTERESTED PARTIES TO BE NOTIFIED OF COUNCIL AND COMMITTEE'S DECISION:
Mr. Bernhard Heming
R.R. #5
BOWMANVILLE, Ontario
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CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
PLAN IDENTIFICATION
1. That this approval applies to draft Plan of Subdivision 18T86012,
prepared by Donevan and Fleischmann, dated (revised) October 5, 1987 (and
further revised as per the computer printout as revised in red as per the
attached plan) showing Lots 1 to 9 inclusive for single family detached
dwellings, and a block for walkway purposes.
FINAL PLAN REQUIREMENTS
2. That all streets within the Plan of Subdivision shall be dedicated
as public highway and shown as such on the final plan.
3. That all streets shall be named to the satisfaction of the Town of
Newcastle and shown on the final plan.
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT
4. That the Owner shall retain a qualified landscape architect to
prepare and submit a Landscaping Plan to the Director of Public
Works and the Director of Planning and Development for review and
approval. The Landscaping Plan shall reflect the design criteria of
the Town as amended from time to time.
5. That the Owner shall retain a professional engineer to prepare and
submit a Master Drainage and Lot Grading Plan to the Director of
Public Works for review and approval. All plans and drawings must
conform to the Town's Design Criteria as amended from time to time.
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT
6. That the Owner shall enter into a Subdivision Agreement with the
Town and agree to abide by all terms and conditions of the Town's
standard subdivision agreement, including, but not limited to, the
requirements that follow.
33 ...2
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D)
7. That all easements, road widening, and reserves as required by the
Town shall be granted to the Town free and clear of all
encumbrances.
8. That Block 11 as red -lined revised be dedicated to the Town as part of
the road allowance for drainage purposes. That the Owner shall pay to
the Town at the time of execution of the subdivision agreement, five
percent (5 %) cash -in -lieu of parkland dedication for residential
development.
9. That the Owner shall pay to the Town, at the time of execution of
the Subdivision Agreement, development charge levy and any other
charges in effect at the time of execution and further agrees to
abide by the Town's payment schedule as amended from time to time.
10. That the Owner shall provide and install sidewalks, street lights,
temporary turning circles etc. as per the Town's standards and
criteria.
11. That the Owner shall cause all utilities, including, hydro,
telephone, Cable TV, etc. to be buried underground.
12. That the Owner shall provide the Town, at the time of execution of
the subdivision agreement, Letters of Credit acceptable to the Town's
Treasurer, with respect to Performance Guarantee, Maintenance
Guarantee, Occupancy Deposit and other guarantees or deposit as may
be required by the Town.
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5- 4 4
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CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D)
13. That prior to the issuance of building permits, access routes to the
subdivision must be provided to meet Subsection 3.2.5.2(6) of the
Ontario Building Code and, that all watermains and hydrants are
fully serviced and the Owner agrees that during construction, fire
access routes be maintained according to Subsection 2.5.1.2 of the
Ontario Fire Code, storage of combustible waste be maintained as per
Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the
Ontario Fire Code.
14. The Owner agrees that where the well or private water supply of any
person is interfered with as a result of construction or the
development of the subdivision, the Owner shall at his expense,
either connect the affected party to municipal water supply system
or provide a new well or private water system so that water supplied
to the affected party shall be of quality and quantity at least
equal to the quality and quantity of water enjoyed by the affected
party prior to the intereference.
15. The Owner agrees that each lot must have its own drilled well with a
raised septic tank and the bed, installed and located to the
satisfaction of the Department of Health.
16. That lots 1, 2, 8 and 9 utilize sewage pumps and pump chambers for
on --site sewage disposal.
17. That the owner agrees to dedicate Block 10 (the walkway) to the Town as a
paved and fenced walkway.
18. That the owner agrees to fence all lots abutting the Community Park
along the common property line to the satisfaction of the Director of
Community Services.
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CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONVD)
19. Prior to final approval, the Ministry of the Environment shall be in
receipt of a hydrologist's report which ascertains the availability of
an adequate supply of potable water to service the development. The
report should comment on existing quality as well as the potential for
cross-examination and well interference.
20. Prior to the commencement of site preparation, the owner shall submit to
the Central lake Ontario Conservation Authority for approval, details of
implementing sedimentarion control for all phases of development
activity.
21. No grading of filling shall occur on the site without the prior written
approval of the Central Lake Ontario Conservation Authority.
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DONEYAN AND FLEISCHMANN CO. LTD.
ONTARIO LAND SURVEYORS .
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OSHAWA YICKERINO
1104790 0398693 — 683370;
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DN: B/L
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY -LAW NUMBER 89-
being a By -law to authorize the entering into an Agreement with
and the Corporation of the Town of Newcastle for
the development of Plan of subdivision 18T- 86012.
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 and the said
Corporation dated the day of , 1989, in the form attached
hereto as Schedule "A".
2. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of
the Town, an appropriate Agreement of Purchase and Sale and the subsequent
registration documentation.
3. THAT Schedule "A" attached hereto forms part of this By -law.
BY -LAW read a first time this day of 1989
BY -LAW read a second time this day of 1989
BY -LAW read a third time and finally passed this day of
1989.
MAYOR
CLERK
548