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HomeMy WebLinkAboutPD-186-89 DN: NOR TOWN OF NEWCASTLE REPORT Res. # By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, July 17, 1989 REPORT #: PD-186-89 FILE #: 18T-88176 WBJECT: APPLICATION FOR SUBDIVISION APPROVAL APPLICANT: NOR ARM DEVELOPMENTS PART LOT 9, CONCESSION 1, FORMER TOWN OF BOWMANVILLE FILE: 18T-88076 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-186-89 be received; 2. THAT the Region of Durham be advised that the Town of Newcastle recommends approval of the draft plan of subdivision 18T-88076 dated July, 1988 as revised in red, subject to the conditions contained in Attachment No. 1 to 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 this Report be forwarded to the Region of Durham and that all interested parties attached hereto be notified of Council's decision. 1. BACKGROUND: 1.1 In October, 1988, the Town of Newcastle Planning and Development Department was advised by the Region of Durham of an application for approval of a Plan . . .2 568 fOED0BT NO.: PD-186-89 PAGE 2 ___-______________-___-_________________________-_____________-________________ of Subdivision submitted by Marotta Holdings Limited. The subject application [?zoDooea the creation of ten (10) semi-detached/linked lots. It is noted the ownership of the lands have since changed and Nor-Arm Development is now the applicant. 1.2 The proposed subdivision is situated on a 1.067 ha (2.64 acre) parcel of land, west of Orchard Dark Drive. The proposal represents residential infiIliog within the Bovmaoville Major Dzbmo Area. 1.3 A Public Notice sign providing information on the proposed Plan of Subdivision was erected on the property at the request of the Planning and Development Department. The Planning Act, bovevezr, does not contain provisions to regulate public notification of subdivision applications. Therefore, individual notice to adjacent bcmemmzere was not provided. 2. SURROUNDING AREAS 2.1 The surrounding land ooea are pzimoziIl' residential in nature. Single family dwellings abut the subject property to the north, east and south, while lands to the west are generally vacant and contain several mature trees. The applicant cmna these abutting Imodo and has applied for a proposed Plan of Subdivision thereon (18T-88071) . 3. OFFICIAL gIAJK CONFORMITY 3.1 Within the Durham Regional Official Plan, the subject property is designated "Residential". This designation mans that the predominant use of the lands obnII be for housing purposes in accordance with the relevant policies of the Official Plan. Therefore, the proposed Plan of Subdivision vx>uId appear to comply with the Durham I&y]iooaI Official Plan. .. .] - [ � 0 JO7 REPORT NO.: PD-186-89 PAGE 3 ------------------------------------------------------------------------------- 3.2 The Town of Newcastle Official Plan (Bowmanville Major Urban Area) designates the subject property "Low Density Residential". Residential dwellings are to be the predominant use on lands so designated. 3.3 The Town of Newcastle Official Plan establishes, within the Bowmanville Major Urban Area, a maximum of 30 units per net residential hectare for Low Density Residential development, 30-55 units for Medium Density; and a maximum of 80 units for High Density. The subject property is designated by the Town of Newcastle Official Plan to develop at a maximum of 30 units per hectare. The applicant is proposing to develop the subject property at approximately 18 units per net residential hectare. Therefore, the proposed subdivision appears to comply with the Residential Density policies of the Town of Newcastle Official Plan. The proposal must be further analysed in terms of the population target for Neighbourhood 1C. This neighbourhood has a maximum population potential of 2800. Existing and approved developments account for approximately 744 units, which equates to a population of 2232 people. Therefore, the proposed plan of subdivision would appear to conform with the residential target population established by the Town of Newcastle Official Plan. 4. ZONING BY-LAW CONFORMITY 4.1 Within the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, the subject property is zoned "Urban Residential Type One (Rl)", which permits the development of semi-detached/link lots. Additionally, the proposed lots appear to conform with the By-law's frontage and lot area requirements for semi-detached/link dwellings and the proposed subdivision, therefore, would appear to comply with the Town of Newcastle Comprehensive Zoning By-law 84-63. 4 7 F_ 0 5 _ ^` ' ' REPORT N0. : pD-186-89 PAGE 4 _______________________________________________________________________________ b. PUBLIC SUBMISSIONS 5.1 The DIaooiog and Development Department has received one letter of objection submitted by two (2) area residents who reside on Orchard Park Drive, to the east of the subject property. The objectors raised concerns regarding the establishment of link dwellings on Royal Pines Court and the possible devaluation of the abutting residences. The objectors also proposed the development of planning policies and strategies in order to insulate existing homeowners from development which may devalue abutting properties. m 6. AGENCY COMMENTS 6.1 The application for a proposed PIou of Subdivision was circulated to various agencies by the Durham Regional Planning Department. Subsequently, the Tmmz of Newcastle undertook a limited inter-department circulation. The following provides a summary of onomeuto received relating to this proposal. 6.2 DobIio Works Staff have reviewed the application and provided no objection in principle subject to the following conditions. That the applicant over and above the 000aI oVm]itiVua regarding easements and utility distribution, bear the costs (100 percent) of any works required on the existing portion of Royal Pines [bort/ which are necessitated as a result of this development, that the applicant be responsible for fulfilling all conditions contained within the Proctor and Redfern Drainage report as affecting the subject lands and in addition, satisfy all additional requirements of the Central Lake Ontario Conservation Authority and the Ministry of Natural Resources. 6.3 The Town of Newcastle Community Services Department has no objection to the proposal subject to three conditions. Firstly, that the 5 percent . . .5 - 57 1 , / BB90RT W0. : pD-186-89 PAGE 5 laud dedication requirement be accepted as caoh-in-lieu. Secondly, that a fenced walkway, suitable for wheel chairs and pedestrians, be created between Lots 5 and 6 to the satisfaction of the Community Services Department in order to provide access to the valley floor. Thirdly, that satisfactory arrangements are mode to protect the top of the bank of Open Space Block 98 in Draft Plan 18T-88071 which abutto the subject lots to the west~ 6.4 The Durham Regional Public Works Department has reviewed the proposed plan of subdivision and has no objection. DbIl municipal services are available to the proposed subdivision through the abutting sanitary sewer and watermeio installed in oou 'nuotiou with Plan I0y0-783. However, it is noted that opecaiziug of sanitary sewers and wateroaiue will be required in order to service the proposed lots. 6.5 The Central Lake Ontario Conservation Authority has reviewed the proposed plan of aolx]ivioioo and has noted some oouoezoa but no objection, subject to the provisions of certain regulatory provisions. The concern is doe to several proposed lot lines being situated in close proximity to the regional storm fIomdIiue. The Central Lake Ontario Conservation Authority advises that no lot coverage should be permitted within the regional storm floodliue. 6.6 The Ministry of Natural Resources has reviewed the proposed plan of subdivision and notes that a tributary of Soper Creek traverses the subject property. The Ministry is concerned with activities on the subject property which may cause erosion and subsequent water quality degradation within Soper Creek. However, the Mtulotzy has no objection to the proposed plan of subdivision, subject to the provision of various conditions. .. .6 - F7� � / /� , REPORT 0D. : pD-186-89 PAGE 6 6.7 The balance of the circulated agencies which provided comments are the Public School Board' the Separate School Board, Ontario 8vdzov Newcastle Hydro, the Town of Newcastle Fire Department and the Ministry of Transportation. None of the aforementioned agencies provided objectionable comments. 7. G9]&FF COMMENTS 7.1 The proposed Plan of Subdivision 18T-88076, consisting of 10 semi- detached/link Iota and 20 potential dwellings as designed, represents residential iufiIliug within the BmwnauvilIe Major Urban Area. As noted earlier, the proposal conforms to the Durham Regional Official Plan, the Town of Newcastle Official Plan and the Town of Newcastle Comprehensive Zoning By-law 84-63. Furthermore, the proposal complies with the Residential Objectives of the Development Policies within the Town of Newcastle Official Plan in that the proposed subdivision, in relation to the adjacent Registered Plan of Subdivision 10M-782, promotes a range of housing types and sizes in order to provide a0000x)datiou for household of differing aooio+zooumnic characteristics. 7.2 However, the proposed Plan of 3ubdvisiou will have to be relotted in order to aocmnodate the Community Service Department's condition that a 3 metre walkway be provided between [mta 5 and 6 in order to provide anoeoo to the maIIeylmod floor, The Planning Department notes, however, that the applicant is proposing 24 metre frontages for Lot 5 and 6, whereas Zoning B2-law 84-63 requires an 18 metre frontage. Therefore, the applicant could effectively aocommdate a 3metre walkway between Lots 5 and 6 without zeIottiog the entire subdivision. 7.3 In consideration of the comments contained within this report, Staff would have no objection to the approval of the proposed Plan of Subdivision subject to the conditions of draft approval as contained on Attachment No. l annexed hereto. ...7 `� / � REPORT N0.: PD-186-84 PAGE 7 Respectfully submitted, Recommended for presentation to the Committee _______-__ _______________ Franklin Wu, M.C.I.P. 0ztneff Director of Planning 6 Development Chief Adni n strative Officer VWM*FW*Ip *Attach. JoIl' G, 1989 INTERESTED PARTIES T0 BE 00TIFED OF COMMITTEE AND COUNCIL'S DECISION Robert and Catberiu Bourke 21 orchard Park Drive BmvoauviIIe, Ontario LlC 3S8 G.M. 8ezoae ATTENTION: B.D. Webster 185 Brock Street North Suite 207 Whitby, Ontario LlN 483 Nor-Arm Developments 1II0 Sheppard Avenue East Suite 500 VVillovmdale' Ontario M2K 2W2 ' �7 � J / 1 DN: NOR CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION PLAN IDENTIFICATION 1. That this approval applies to draft Plan of Subdivision 18T-880176, prepared by G. M. Sernas and Associates Limited, dated July, 1988 (and further revised in red as per the attached plan) showing Lots 1 to 10 inclusive for semi-detached or linked dwelling units. 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. 6. That the Owner shall retain a qualified consultant to prepare and submit a Tree Preservation Plan to the Director of Planning and Development for review and approval. REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 7. 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 ...2 - 3 - standard subdivision agreement' including, but not limited to, the requirements that follow. 8. That all easements, road widening, and reserves as required by the Town ebulI be granted to the Town free and clear of all encumbrances. 9. That the Owner shall pay to the Town at the time of execution of the subdivision agreement, cash-in-lieu of parkland dedication at a rate of either five percent (5%) or one (I) ha per 300 dwelling units, whichever is greater. 10. 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. Il. That the owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Town's standards and criteria. 12. That tbe Owner obaII cause all utilities, including, bvdzo' telephone, Cable TV' etc. to be buried underground. 13. 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. 14. That prior to the issuance of building permits, access routes to the subdivision moat be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watecmaioo and hydrants are follv 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. . ..3 _ F.]/ ���� 3 15. That the Owner agrees to carry out or cause to be carried out in accordance with Central Lake Ontario Conservation Authority and Ministry of Natural Resources approval, site grading, construction and sediment control. 16. That the Owner agrees to carry out or cause to be carried out the requirements of the Soper Creek Tributary Master Drainage Plan to the satisfaction of the Central Lake Ontario Conservation Authority and Ministry of Natural Resources and the Town of Newcastle Public Works Department. 17. That prior to any grading or on-site construction, the Owner agrees to erect, at his own expense, a snow fence or suitable barrier along the rear lot lines of lots 1 through 6 until such time as all grading and construction is complete. 18. That according to the terms of the Lakes and Rivers Improvement Act, no damming, dredging or other alterations may be carried out on the tributary without prior written authorization from the Ministry of Natural Resources. 19. That the Owner agrees to create to the satisfaction of the Community Services Department, a fenced walkway, between lots 5 and 6, suitable for wheelchair and pedestrian access to the valley land floor. 20. That the applicant be responsible for fulfilling all conditions, financed or otherwise, contained within the Proctor and Redfern Drainage Report as affect the subject lands and in addition, satisfy all requirements of the Central Lake Ontario Conservation Authority and the Ministry of Natural Resources. 21. That the applicant bear the costs (100%) of any works required on the existing leg of Royal Pines Court which are necessitated as a result of this development. 4 F_ ­3, 7 ^ _ 4 _ 22. Prior to the commencement of site preparation, including the grading of Royal Pines Court, the owner shall obtain C.L.0.C.&. approval of sedimentation and grading plans for the subject lauds. 23. Prior to the commencement of site preparation, the uvmxer abmIl obtain C.L.O.C.A. approval of minor and major flow routing for the plan. A brief report is to be submitted which addresses flow routing for the site, and which details the manner in which storm flows will be directed to the receiving watercourse. 24. Prior to final approval, the C.L.0.C.A. is to be satisfied that no lots will be prone to flooding under the greater of regional or I00-year storm conditions. _ - 7� [Y J / t'C>�C7e.CA t �C�s1 Cdr �sC iE5lt3tl —��t1� 6 � n r Z D to c.�D ii• 1 m � � ;a O�u _ CRESCENT ti VO ti -- r M %42Z `� °D——--= _� '� ' � •�� �•�.. — o ittttttttittlitt .�c� ���� � � � N+ �•: -i' �pkq � �_ � �EJ�C3`l�Jlstorl Vol ILI- 10 %41 t. 4. (A z e THE KINGS WY. No. 2 — c ---- -- -- --- ---- w 0 • - ti All .- Z! n vN'' . . l �. � 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 between NOR ARM DEVELOPMENTS and the Corporation of the Town of Newcastle for the development of Plan of Subdivision 18T-88076. 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 "Any 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 "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 . 580 252 King St. East, Apt, 601, Bowmanville, Ontario, L1C lRl July 14, 19 89. Carlo Pellarin, Planner, Development Review Branch, Corporation of the Town. of Newcastle, 40 Temperance Street, Bowmanville, Ontario. U C 3A6 Dear Sir: RE: PROPOSED- PLAN OF SUBDIVISION AND REZONING APPLICATIONS APPLICANT.: NOR ARM' DEVELOPMENTS FILES: DEV 88-96 AND 18T-88071 ( on letter received July 7-re above) , FILE # 18T-88076 (on copy of Staff Report picked up at Town Hall on July 11/89). We Hendry Investments Limited, are unable to attend Monday, July 17, 19A9 s meeting re Nor-Arm Developments applications. We are not concerned re contents of File # 18T-88076 report unless it has future interference or bearings on contents re Files: DEV 88-96 AND 18T-88071 then we still have the following objection, which I stated at the Dec. 12, 1988 meeting with Marotta Holdings Limited, and will state again re Nor-Arm Developments, Block 107 Commercial on the proposed Draft Plan appears to be situated so that the back of these stores (which we presume would house garbage containers, etc. ) practically face our apartment building front entrance. This, we strongly oppose. We request' Nor-Arm Developments erect a high privacy fence to lend some protection in this matter. This would include where our property abuts Nor-Arm Developments property to the East and Northq as well. Respectfully, HENDRY INVESTMENTS LIMITED, 252 King Street East, Apt. 6019 Bowmanville, Ontario. L1C 1Rl Per DIH/dih 623-5044 res. ; Sec,-- Treas, DN: B/L THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 89- 128 being a By-law to authorize the entering into an Agreement between NOR.ARM DEVELOPMENTS and the Corporation.of, the Town of Newcastle . for the development of Plan of Subdivision 18T-88076. 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 nA" 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 "A" attached hereto forms part of this By-law.