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HomeMy WebLinkAboutPD-280-89i' TOWN OF NEWCASTL'E WvW rLLI I1*3: General Purpose and Administration Committee : November 6, 1989 F2EPORT #: PD-280-89 FILF #: SUBJECT: OFFICIAL PLAN AMENDMENT -. FILE: OPA 89-41/N PROPOSED PLAN OF SIIBDIVISION - FILE: 18T-89041 ZONING BY-LAW AMENDMENT - FILE: DEV 89-51 APPLICANTS EIRAM DEVELOPMENTS PART LOTS 9/10,•CONCESSION 2, TOWN OF BOWMANVILLE RECOMMENDATIONS: File # Res. # 8y-Law # It is respectfully recommended ..that the General Purpose and Administration Committee recommend to Council the following: 1. THAT,, Report .PD-280-89:.be :received; 2: THATILI.-:ahe Official:. Plan Amendment application submitted by . Eiram 'Developments.Ltd. ' to: `. amend the Town Official 'Plan be - approved`:in`.`partto:delete aPublic Junior Elementary School des ignation;;deletezthe'Hazard Land indications affecting the.. subject aids andT`ielocate the. collector=:road ail.' -within Neighbourhood ' 2C';; r h<III I W pool oor rpZ t z 3 THAT.. the Offciah :Plan Amendment application to` add -a "Local Central -Area" 3�ekdeferred for furtherconsideration;`;; k o. 40 _ THAT the pproposed '.Plan of Subdivision 18T-89041 revised and datedSeptember, 1*989,,. "as:�•�per Attachment No. 1 -be APPROVED subject to,:the conditions` -contained in this Report; 5. THAT the Mayor and Clerk be authorized, by by-law, to execute a Subdivision Agreement between the Owner and the town of Newcastle at such time as the Agreement has been finalized to the satisfaction of the Director of Public Works and the Director of Planning; 6. THAT Rezoning Application DEV 89-51 submitted- by Eiram Developments Limited to permit the proposed Plan of Subdivision be APPROVED; ...2 TOWN OF NEWCASTL'E WvW rLLI I1*3: General Purpose and Administration Committee : November 6, 1989 F2EPORT #: PD-280-89 FILF #: SUBJECT: OFFICIAL PLAN AMENDMENT -. FILE: OPA 89-41/N PROPOSED PLAN OF SIIBDIVISION - FILE: 18T-89041 ZONING BY-LAW AMENDMENT - FILE: DEV 89-51 APPLICANTS EIRAM DEVELOPMENTS PART LOTS 9/10,•CONCESSION 2, TOWN OF BOWMANVILLE RECOMMENDATIONS: File # Res. # 8y-Law # It is respectfully recommended ..that the General Purpose and Administration Committee recommend to Council the following: 1. THAT,, Report .PD-280-89:.be :received; 2: THATILI.-:ahe Official:. Plan Amendment application submitted by . Eiram 'Developments.Ltd. ' to: `. amend the Town Official 'Plan be - approved`:in`.`partto:delete aPublic Junior Elementary School des ignation;;deletezthe'Hazard Land indications affecting the.. subject aids andT`ielocate the. collector=:road ail.' -within Neighbourhood ' 2C';; r h<III I W pool oor rpZ t z 3 THAT.. the Offciah :Plan Amendment application to` add -a "Local Central -Area" 3�ekdeferred for furtherconsideration;`;; k o. 40 _ THAT the pproposed '.Plan of Subdivision 18T-89041 revised and datedSeptember, 1*989,,. "as:�•�per Attachment No. 1 -be APPROVED subject to,:the conditions` -contained in this Report; 5. THAT the Mayor and Clerk be authorized, by by-law, to execute a Subdivision Agreement between the Owner and the town of Newcastle at such time as the Agreement has been finalized to the satisfaction of the Director of Public Works and the Director of Planning; 6. THAT Rezoning Application DEV 89-51 submitted- by Eiram Developments Limited to permit the proposed Plan of Subdivision be APPROVED; ...2 REPORT NO.: PD-280--89 PAGE 2 7. THAT the amending by-law be passed at such time the related Official Plan Amendment has been adopted by Regional'Council; 8. THAT the Region of Durham Planning Department and those persons listed in this Report and any delegation be advised of Council's decision; and I IF 9. THAT the Region of Durham Planning Department be forwarded a copy of Report PD-280-89. 1. APPLICATION DETAILS: IF 1.1._.Applicant: Eiram Developments' l*2 O.P.A:: From: ."Low-DensityResidential with Hazard M. Land' 1ndlCatlOnS ° ` t F IT_ I I FIT' "I IF Too "Low- Density .Residential" with a "Local` . FIT Central Area" designation 1:3 Subdivision: 336'`single famil1. y dwelling units proposed; It: IT IF IF, 158 sema detached/link If units proposed;IF It 4 TV'k r Y _ 114 treetr townhouse units ro osed• FIT s n - . srt F. iIFFF L-I IIITT IFF }f N'ry l ,5ts" }`•C74IM 1 z9 yr r I r c .... .. f 1 ., � .. rH r p.:. -. L' . .. / f tz,. - i fr} � ,� { 7 s E; # 1'11 block townhouse .units proposed;FII TIFr ILT IIF TIT FFF {; ;��� `' z> j 719 units rtotal'proposed, s ,., fr „F "t t i. ri' t �'r,�nr r err �t '�IF Ilk t. : } r. �} _ �).. ,Yi J r ,Y, x {., LL , r Park Block sand $ Commerca al Block F. I, .ILIiF I II TIT IF I I AT ITT t Sh' '4 Rezon�ings .� from"Agricultural (ANIT ) Ito appropriate zone �;�rI slLr Ii�T-^,;-?i L.�2r�.1€6{",F'3f. rl.i l.:isr...i.rl(�A�'AftAY'.l�i`.'•f'A s+>�':. _imT� omcni-,. ti;3t4:�'rir�r���eri': .+�+i:�i ��n,t .,.. ���..IITI ._ �i,y'��2;�y� I�` rs�,g ti.i� *II .pi ?`� t ) ° >� � `;. fY � Il �cv>} 1,Y'� � � hf I ��i'i.�J•$�',�t� r�� 'r ��g .{ . -� IF tTtIF 41:.3 7 ;hat A Y�'E=) y� F �} 02�q� 2 acresy�`j jiT 1 I Ir4l�i 2j? 1 t"? Y?'' S � ii)•Z Jt I{ t 1 { I.. ItFt .t h.i a•iE.?r'p,:YC _I:.1�`i �i_ ��'�r:.es-'_T :i� +�'...*c`..�.._.�3...-��-R:.az=�r-�,.iF �f.`r-,IF ._ .Tt .IF .g_.,I. 1� ''In �April`£of 31989;the `.Town"f'�Newca'stle Planning and Development t's� - Y `Department was notified by°`L a region of Durham Planning Department F. I IF I IF of an application for Off icials;Plah,'Amendment and proposed Plan of I IF I IF - .Subdivision. The application I I owas submitted by Lawrence Gold on behalf of EiraDevelopnt Corporati m me on. Staff subsequently F.received an application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, which, if approved, ...3 I I IF IF I 1 - q f w.. 70 I TIT IF r TIT I It I -. IT .... `. _ _ .:- IF - IF I IU. ._ IF REPORT NO.: PD-280-89 PAGE 3 would implement the correct zoning category for the subdivision application. 2.2 The application as originally submitted, proposed a total of 728 units. This included a High Density Block, a Local Central Area, a Park and School Block. The plan has since been revised a number of times, with the proposal before Committee/Council representing the applicant's most up to date proposal. 2.3 The subject application is located within Neighbourhood "2C" on Schedule 7-1 of the Town of Newcastle Official Plan (Bowmanville Urbaii "Area) In order to assist Staff in the review of the subject IF I applications,=> -the applicant was- requested to prepare a "Concept - Plan which provides an illustration of street patterns and land use potential for the entire neighbourhood. This concept plan was prepared`:to'assist Staff to gain a better understanding of how the T'. t entire` neighbourhood should be_developed,in.the future. o-IF m OF *1 .` OF 1-` tF`. _ 2 :4 '.-On ' October` 24,. =1989, ' 1n accordance with the requirements of the -FIFO. uIF p'� * IF I Region of Durham,,< two ( 2) `copies of the Noise 'Impact Study., were rp' re OFF; F eived in support the , a lication.F mIFFf OFF - ` '�� �`F. `OFFv PPq pP ' On October 26; 19 89, a fI Fri ;- t F t.r zY-tr It '� -FF ,�n�� ':. - i,. .a F, if f' '' .:?Y z'�: ,_ F. - `�`� 4 �K„�,'If copy;ofIF TIC ;the�RetailMarket Analysis, as prepared by Clayton` Research;. r Associatswas submitted in accordancesawith Regional}"and .Town ��h3f�> i '� PolitciesFfor�=.new :commercial _deIF velopment requiring Official -Plan request IF 0 z" of -the the TowIF IF n's . Public .Works Department,,the Ministry of Natural Resources,' and the Central Lake - :.- IF Ontario Conservation Authority, the `applicant submitted a Master Storm Drainage.Report on October 26, 1989. 3. LOCATION: 3.1 The subject lands are located in Part Lots 9/10, former Town of Bowmanville. The site is located in Concession 2, the north REPORT NO.: PD-280-89 PAGE 4 eastern quadrant of Bowmanville, bounded by Concession Road No. 3 to the north, Mearns Avenue to the east and Liberty Street to the west. The subject site occupies the north quarter of Lots 9 and 10, with approximately 500 metres of frontage on both Liberty Street and Mearns Avenue. 4. E%ISTING AND SURROIINDING IISES: 4.1. The site presently.houses:one:(1) single family dwelling, a related ': frame :barn 'and : shed; s with rq'the :.balance ._of, ;the , lands being vacant with limited agriculturalactivities IS The surrounding land uses include: _�2 East: vacantYlandakzoned "Agricultural '(A)" and traversed'by "the Soper CreekPIL 3 crr s .. _ 1- — Y West: vacant°lands zoned primarily "Holding - IIrban Residential Type (( One H)Rl):" and "_Holding Urban Residential Type Two((H)R2)",with ft dra-'approved=and Town approved plans of 'subdivision` (18T-8T027,`Jand 18T-87021) , there also existia few existIng.residential lots f i ; tr t: )�3 Y�`rri;tr 3:tdl�i l4jrtrl4i, t. R tF a]?�sr£} ? XryPd; ,z..to - + S ' f } c �t� Y�� Fl•rt �c x, r �t:. ed{ ;it t ' - N,�1S 1 5 ^ :_:C rc S �} t ncd 3 T 7+ .r,Y -.�^;.' North• y,liiriited3scatteredresidentialzlots.kwith}primarilyvacant ;!jet r S F t,;f\ r ,� ar; •> '4Y: ��,�3?if' £�.;_Jtet_L�".- - r� �; and agricultural jland� !� `Y�'£' ,< r 2' .? a j i ; S' z '+ 3�"'`. 1� 's, L,i ftk y toT }L ,{� X` }1� jSouth:la;*large vacant'or;agriculturalused�,�parcels;, an ;existing_ {`r °>cz^$ t t.�'t s a *r '"ft` 'Sjtj� Of�r Yyesldenti4al� {frontingfiTy}' one Liberty. `Street,:; h +'j`t- C t r j,,.r ) 3j t `•.{ i -f a sP7 `" i ro' Sedt_ lanS of r.._-„'�>:,.. .::fta f":.. 3rti J.:,..la aL ..,�.. ,..,.. ...rn _-4v.. .,r_I .r*+:'-.:.,'.:xtr _,n:c+i,xs:T'•, x..� 6'_ ,_ - .� - .cr: .._ ... �;i,�{irn�v}`�.` --.u:♦�i�i LZ r::"�{'���'.."ut-,fi-S�,�j���,�'"i-F��'�'+4it4P"{.r�,t,r�`'^"y��,�j .y;r�q���� `�`itr:�f�'�)j, '^'�2}�'�.`�k',t.�2'C'' :.y:; �1: . - 5.1 Pursuant . to Council�s. =>resolution of July 26, w 1982 "and the. ` y a . r £FI`+y?}#q Fl -1, - '' ff�: + - "'�+' it 4 -, - £ requirements Nobf $kktithe. Planning, , Act, the appropriate signage' . rook, 6 acknowledging the application was 'installed on the subject lands. In addition, the.appropriate notice was mailed to each landowner and tenant within the prescribed distance. �¢ r yYY h -lJ p'i Y ' t' �(' I S .F f Y 1 _ I :. r� r REPORT NO.: PD-280-89 5.2 Subsequent to said meeting, have contacted Staff and PAGE 5 a few of the neighbouring residents noted verbal concerns with the development. In addition, Mr. Chizen, a landowner immediately to the south, submitted a letter noting concerns with regard to the oritentation of streets and alignment of collector roads; location of park and school sites; location of commercial sites; and grading impact on environmental and drainage areas. Staff met with Mr. Chizen to discuss his concerns in terms of the Town's Official Plan and the circulation process for a development application. This meeting appeared to resolve some of the issues previously noted, although concerns remain with regards to alignment of collector roads on his property. 6. OFFICIAL PLAN POLICIES: 6.1 Within the Durham Regional Official Plan the subject lands are designated "Residential" with indications of "Hazard Land" within s the Bowmanville Major:Urban.Area. the. primary use of lands so Q� `designated shall be'for housing; purposes.° Local Central.Areas are permitted''.to�be established withn the "Residential" designation subject to:.Official Plan policies. -0AtI�4PA 'pAk rt•� -yy�t- i a _,,. c s-..skf�{�- e� _ r _-... _ t _ ; r�rdU� 6 2 The �'� "Hazard Land"h, indications refers to lands having ..physacal >IF =: „ r f Ey ,Aj :; r rry ? ,p characteristics' such 'Asp poor drainage, swamps or _other physical ;;. F h f :; A�` condtion��Theseilands shall be generally determined i n he local.:: Comprehensive.Zoning�yBy law in':consultation`with the Conservation Authority --and' Ministry of Natural Resources . An application for the removal of the development constraints involving lands identified as "Hazard Lands" are subject to Regional Official Plan policies (Section 1.3.4). 6.3 Within the Town of Newcastle Official Plan (Bowmanville Major Urban Area), the subject lands are designated "Low Density Residential" ...6 REPORT NO.: PD-280-89 PAGE 6 with indications of "Hazard Lands" and are situated within Neighbourhood 112C" on Schedule 7-l. The neighbourhood has a potential population target of 5500 people. Within the neighbourhood there also exists two (2) "Neighbourhood Park (N)" symbols, two (2) "Public Junior Elementary School" symbols, and a "Medium (M)" density symbol. 6.4• The Official Plan Amendment as per the lastest revision proposes the°following: a) 'introduces a "Local Central Area.(LC) b) ;delete the "Hazard Land"'indications as it affects the subject o •. ot 4 r property; ImT `c) *::delete a, "Public Junior Elementary .School" as it affects the site: and subject 1'delete a"Neighbourhood Park" as it affects the subject site::Im % am - - .rti= policies •_state that LoI.cal'.- .developed` to serve> the 7agaga1:They shoulddevelop rA, atoll - � � ^,� E Yi.+ �+ €�, -;�� �� r.f., , ,4 h sz 3,xs 9F,M 's^0R ✓> � . a i '`��� �e ' .sha32�be`'.�accormpane`c``�,, ,yr a�retail�`�`analysis 3 to ustif � the need:: n Ir� tl ar,f•�t moats�� 3 �1'`' Y' room '}"�;_?xi= t f r:effects:_.of such ' ro +osed .Local Central\:Area :- a. I9f � ' J. ,Fla,� o fort and to,� den i It .9. y P11 P, - a or 0 1.t�' upoh1the -nldbillty of `any -:existing Central -Areas . or 3. v rt sr y .-..err f -ea c yo 4 It '' mt The zoning by-law .shall'_ determine the precise location and boundaries of all Local Central Areas. In developing Central Areas, the proposal shall be subject to Site Plan approval and consideration will be given to Section iii). r. t , _ {*; ozm- t ' - O; REPORT NO.: PD-280-89 PAGE 7 6.6 The Newcastle Official Plan policies state that I Residential" shall not exceed a density of 30 units per net residential hectare and shall generally locate at the interior of the residential neighbourhood on local or collector roads. "Medium Density" developments shall have a density greater than 30 and up to 55 units per net hectare. The Newcastle Official Plan policies further state that proposed . plans of subdivision are to be in conformity with population targets for the respective neighbourhoods. 6.7 Detailed population calculations have .been undertaken for the subject neighbourhood which has a population target of 5500 and gross developable area of 115.5 ha (285.39 ha). In consideration of these figures the neighbourhood may develop at a maximum of 15.8 units per gross. -hectare: The application."proposes 719 units on 41.4 ha which equals...a gross density of 17.36 .units per hectare. This represents 1 56,:units ho per ha In. excess -oof the permitted density or. about 62 units. over the population guidelines estato blished ,for It this -neighbourhood. Is,ino _ WA slr of it _ r A� oso—It is.noted%..that the Newc.alost do stleOfficial Plan doesallow"for minor oo deviations ...in the populatI n:target49 without amendment should the variance .not altoo- er the intent of the Official:'Plan .` 6.8 The medium density block is proposed to -'-be developed at a density of 55 units per hectare. This would comply with the Official Plan provisions which allow a maximum of 55 units per net hectare for Medium Density residential development. ...8 REPORT NO.: PD-280-89 PAGE 8 7. AGENCY COMMENTS: 7.1 The original application was circulated by Staff at the Region to various agencies and departments for comment. The Town of Newcastle Planning Staff, in turn, undertook an internal circulation to departments within the town. As revisions to the application were submitted, Regional Staff undertook a limited circulation of the revised plan at the end of July and in early October. Town Planning Staff also completed a revised circulation to internal departments. - 7.2:.The following agencies noted no objection or concern to the proposal as°submitted : Peterborough -Victoria -Newcastle & Northumberland Separate School Board - Ministry of Agriculture and Food r. -Newcastle,Hydro-Electric. Commission �t 7'3. In responding` to' the 'circulation, Bell Canada officials noted no objection to; the proposal, however, their comments noted that, tiFPfA ��hshould therer ;be conflicts with `existing Bell Canada .facilities on 43� easements;' °they £Owner/Developer shall be responsible for t40 :�4 5 _ rearrangements or relocation:IP In addition, the agency. has requested ^ two �� (2) S conditions of approval " related to .their 4 facilLW ities Tet The Town of Newcastle ~Fire Department Staff have noted that this application, along with other applications for this area, will put a definite strain on the level of service available under present circumstances. Fire Department further noted that should tnis growth be realized, it will be necessary to give consideration to the construction of a second fire station for Bowmanville in the REPORT NO.: PD-280-89 area of Liberty Street North and Concession Road 3. PAGE 9 7.5 The Community Services Department Staff in providing comments have noted that one large park of approximately 5.0 hectares (12.0 acres) will service the neighbourhood adequately: ' The comments are based on the proposed park in this plan as representing Phase I of a III phase park development. The applicant is to provide Block 539 as revised in a rectangular form as parkland dedication; that the configuration be conducive to supporting the required facilities while maintaining viable vegetation; that a 3.0 metre (10.0 feet) paved walkway be installed between Lots 67 and 68 and 93 and 94 to allow access from the street to ,the park; that Lots 59 to 67 be temporarily frozen, graded and sodded in conjunction with park development until the park extension and access to the south are provided; that a park site master plan be submitted to include all phases of park development and abutting school; that the overland flood routing be.confirmed as not bisecting the park block; and that should an under -dedication of parkland be revealed, the difference be:realized as cash -in -lieu. �7.6 The Town'<of Newcastle Public Works Department have -'reviewed the r, x� applications andnoted thdllow3.nq& comments. That Street "A" be revised 'to a 26 'metre widths=and Streets, "R"`and "N" be' revised to 20.0 _.metre widths; :that 'in conjunction .;with , a temporary turning circle for Street "C", Lots :57 :to 60 inclusive be temporarily frozen; that 0.3 Metre Reserves be placed on the flankage of Lots 107 and 150; that the developer be responsible for the reconstruction of Mearns Avenue from the north limits of the plan southerly to Concession Street; that the developer contributes 50% of the costs of reconstructing Concession Road 3 to an urban road REPORT NO.. PD-280-89 PAGE 10 section; that a 9.0m x 9.0m sight triangle be provided at Mearns and Concession Road 3; that a Stormwater Management Report for the entire watershed be prepared addressing the major/minor systems, detention facility locations and Ministry of Natural Resources and Central Lake Ontario Conservation Authority concerns, subject to the approval of the Director of Public Works; that the applicant complies with all the requirements financial and otherwise of the Stormwater Management Report; that the applicant/owner agrees not to commence any grading or construction within the Plan of Subdivision until all the storm drainage easements have been conveyed to the Town and the stormwater detention facility constructed; that the applicant/owner enter into a Cost Sharing Agreement 'with the Town for the construction of sidewalks on Liberty Street from Concession Road 3 southerly to Concession Street; and.that all of the Town's standard conditions apply. :=.7.7 Northumberland and -Newcastle Public. School -Board Staff provided Staff':with, verbal_: comments :School to the proposal. :School IF IBoard IV :are satisfied that .the number of children geneIF I IV rated through the development'IF,%bf,;Neighbourhood;",2C":can "be :accommodated >. ' :..onIF I one school; site However,<therschool site must.be enlarged to i IF =� 1 allow the development ::of an enhanced sch000f l`: i t_ j FI IF - 2 F '< 7. 8 Central Lake Ontario Conservata onAuthority Staf f were _, ,able to `IF- Y IN prodde verbal�;comments" only on theti subject applications. Authority Staff noted. no objection to the principle of development and deletion` -of the -"Hazard Land" indications as affecting the subject site. Their review of the Master Drainage Report for the subject lands and watershed indicate that the development may take REPORT NO.0 PD-280-89 PAGE 11 place but revision to the report will be required. The Conservation Authority Staff therefore, are willing to allow development to proceed conditional upon the following: The developer comply with all requirements of the Stormwater Management Report as approved by Central Lake Ontario Conservation Authority; that the owner/developer agrees not to commence any grading or construction of any nature within the Plan of Subdivision until such time as all storm drainage easements have been dedicated to • Stormwater Detention Facility the appropriate authority, and the has been constructed to the satifaction of the Conservation Authority. 79 Ministry of,Natural Resources Staff have provided verbal comments with respect to_the subject applications and generally have no objection in principle. Their main concerns are with respect to the- protection of fisheries resource areas and water quality. F 5' >:Ministry Staff have;, noted 'no objection to the elimination of the =� "Hazard;Land"` indications :as -it affects the subject lands. In -r , .:addition,` -Ministry Staff generally concur with the findings of the is f Stormwater=:Management Report: As conditions of approval the Ministry requires the %applicant to comply with all the requirements .; F y n V .IlA of .the report as approved by Ministry,of Natural Resources; that f;r all drainages concerns:_ that` arise with this development are dealt with in 'a=manner :_consistent: with, the :findings,,of .the Stormwater n. Management Report;'andthat the applicant agrees not to commence any,.. grading; filling or .constructiPW on of any nature within the limits of the subdivision until such time as all the storm drainage easements have been conveyed to the appropriate authority and the Stormwater Detention Facility has been constructed to the satisfaction of the Ministry of Natural Resources. REPORT NO.: PD-280-89 PAGE 12. 7.10 Regional Public Works Staff have not finalized their comments on said applications. However, Staff note that the subject property is within the Town's urban boundaries for Bowmanville and that the application is proposed to develop on municipal services in accordance with Town Policy. It is further noted that the applicant has assured Staff that agreements have been reached with Regional Works Staff for the extensions of services to the subject site at the applicant's expense (100%). 8. STAFF COMMENTS: 8.1 As noted previously, the Official Plan Amendment deals with the introduction of a "Local Central Area" to Neighbourhood "2C". As well, it proposes to delete the "Hazard Land" indications and a "Public Junior Elementary School Site". Due to timing constraints, Staff have not had opportunity to thoroughly review the Retail Market Analysis Report which was submitted in support of the application. Therefore, this portion of: the, Official Plan Amendment for a Local Central Area will -be..deferred`,.pending a further review of�.the report as prepared by Clayton Research and a review. -of the needs for commercial development,:: in North Bowmanville.: lkl 3 8.2 In reviewing the portion .of :-the application..,to'el urinate the . development constraints associated ;with ' theme"Hazard Land" indication `it is noted that neither the Conservation Authority nor the Ministry of Natural Resources have expressed any -concern with the proposed deletion. Both agencies are satisfied that the Master Drainage Plan for the North East Bowmanville as submitted by G.M. Sernas and Associates adequately deals with the provision of these lands as associated with the subdivision proposal. The Master Drainage Plan would appear to satisfy the requirements of the Regional Official Plan, as outlined in Section 1.3.4 in terms of ...13 REPORT NO.: PD-280-89 PAGE 13 existing and potential impacts and method of overcoming these impacts. 8.3 The proposed elimination of a designated Public Junior Elementary Site has not received objections from either the Public School Board or the Separate School Board. The Separate School Board has expressed interest in developing a site on the west side of Liberty Street in a draft approved plan of subdivision (18T-82037). The Public School Board.has requested that the remaining site within this neighbourhood be developed at a larger acreage in order to accommodate a larger school site. 8:4` As noted in the report, the application does not conform to the proposed population target for neighbourhood. The population target -of 5500 translates to approximately 1834 units. The total developable land area equals 115.5 ha, thereby allowing a maximum . dc of 15.8 units per gross> hectare: The applicant- is proposing a { density. Of:17.36-units per gross hectare or 62 units in excess of -the maximum allowable on `saAr id area. .t tr I% IA S ` _ •. - f t '}jy}F8.5 The application proposes a medium density block with a density of {ybry'S 55 units °per •hectare for a total of 111 units . This Block ( 530 )` ,rr } sir , 3� _ `.:' ..-,{. t, :- - -A:�`� _ has 'been secured Y by they Durham Region Non -Profit Housing ; -AC orporr,ation .who proposeo� constrrTe uct a maximum of °.80. units :'on 'ahe `: - subject site Inconsideration of this,`the number of units.`abovelI = the maximum 6571is reduced to..31. Although this density may lead' to an increase in the population target, the Official Plan policies allow for minor deviations from the population target, and Staff is satisfied that this slight increase does not alter the intent of the local or Regional Official Plan. REPORT NO.. PD-280-89 PAGE 14 8.6 The Fire Department has noted a need for a second Fire Station in the vicinity of Liberty Street and Concession Road 3 in order to adequately serve not only this proposal, but the number of residential units proposed in the surrounding area. Staff have discussed this issue with the applicant, who as a condition of approval is willing to dedicate free and clear to the Town, Block 534 for the development of a Fire Station. The proposed site has been reviewed and appears adequate to serve the needs of the Fire Department in this area. 8.7 The Community Services Department has requested modifications to the proposed park layout in effect creating a more rectangular parcel. They wanted to ensure that the park block to be dedicated to the Town will be in a configuration to allow the maximum utilization of the land, with sufficient accesses. The requested revisions will impact the configuration of Block 530, (Medium Density) and,Street "O" (cul-de-sac). In addition, Lots 59 to 67 ':inclusive will not be available for building permits until such time -as the park is fully developed wi. a permanent access through adjacent lands. 8 8 With regards to the µproposed "Local Central -Area" -(Block 533), as noted above :due 'to timing °constraints, Staff cannot adequately t :revi6r this aspect of ahe:;application. ,:In consideration of this, it'recomended.-that- Lot'nclusive btemporarily i frozen from building .permit issuance. This temporary hold will be in place until - such time as the Official Plan Amendment for a commercial development has been resolved. Should the application be denied, the Block can be relotted for "Low Density" residential development in conformity with the Official Plan provisions. REPORT NO.: PD-280-89 PAGE 15 849 Due to the minor revisions which are required with respect to the Park Block and Medium Density Block reconfiguration and relotting of Street "O", Staff would recommend that prior to the Plan receiving Draft Plan Approval from the Region of Durham, the applicant submit five (5) copies of the revised plan to Town Planning Staff for their review and consideration. 8.10 Staff has reviewed the Noise Feasibility.Study submitted. by G.M. Sernas and Associates in support of the subject applicationem The study is to determine what mitigative measures are 'required to reduce potential noise levels. to comply. with Ministry of lF Environment requirements: The study recommends a 1.8 metre (6:0 wr ft.) high noism. e attentuation fence be erected abutting lots having flankage on either Liberty Street, Mearns Avenue and Concession Road 3. Furthermore, it identified various lots that would 'require central air conditioning be installed; those requiring ductwork 1- :.be roughed ; in for central air. °conditioning m.and those requireing: : warning clauses on title f fit if St1. aff are agreti eable with the conditions . 4; 1 -, .L i ?`. :i i '_a y:, ... f>- ,�:�..,} - I) s{ r tit, a�a4i t _ if r .mft of approval, 'however, 'will `require the r applicant ` propose'= and: y#:; undertake`�landscaping:within�the boulevardsr~betweenfthe service.�t mt.- s;i�''i�f�r{ -r; v �. ti'.;. t t, t'v ti; `rim _ ml 7 - 4i r� `r} c cLt- f ^ •fit It type road kandsthe collector gfiload.- This ,will add ao the noiselilt m si F tfit .' nl r t s tt t ar . r `, y' K�4 Y y�atitC x�IiIi if- r3y ` a t 4 :}... s, ." .: �} t.. �fz .. s _; J•�.. i( >t; ,.; { s F } Sr f' 1 t t . �� �� hattentuationt,�measures _ asy well�asA the aesthetics of 3the� plan. if iWL _ r•if ] - 1-�=mr a 7. H �' { - ti,, a Y S '. l `-i- r 3 ayy{,td ✓-.ram :�F . `�{. s ; s£ ft C•+f13 t . ? .s �. s im _ a{, u�i J rr c i tii' _ i�41 y Ist, i mP it .n rft� s' - _ ti, rTj- 'e- f ti} '.- .dry i,k� cr„i ; r i {tT"`� u,{ i�' �`� "t,� n r. r s�z{tr t t Ui. -{ mij4 "t'. 7 v t 7,�' 'Y 5 t.,� �f+.7 s if m,li -T.x , r c G tt t �' -� r f� s r 9. CONCLUSION:<r Fti Z fi tJ ] �:.' { y�& e( 'y'S t ,.�,rlr" i .t�jcs LV-.t 7i a ti.r k'Ut allMl a :.- F - .P it H - StiiR .�A .. 9.1 Sn consideration ;of the -`comments contained `'within said report,:; Staff -would have' no `objection :to the approval of the- Official ;Plan`. m, Sim Amendment to delete the "Hazard Land" indications, delete a "Junior Public Elementary School" symbol, delete a "Neighbourhood Park" symbol, and realign the northern "collector" road all in Neighbourhood "2C". However, the proposed introduction of a "Local Central Area" be deferred to provide Staff sufficient time to review the supporting documentation. ;._: rf; ...16 REPORT NO.: PD-280-89 PAGE lb 9.2 Staff would have no objection to the approval of the proposed Plan of Subdivision as red -lined and subject to the conditions of draft approval as contained in Attachment No. 1 annexed hereto. 9.3 Furthermore, Staff recommends the Zoning By-law Amendment to implement the proposed Plan of Subdivision be approved and the amending By-law will be forwarded to Committee and Council at such IF time as Regional Council has approved the related Official Plan Amendment. I IF Respectfully submitted, Recommended for presentation to the Committee N. <'' lin W , .C.I.P. Lawrence E. Kotseff,,M.C.I.P. Director.. f Planning Chief Administrative Officer t1II IF IF FI FI II FFIT FIwfF fF andDevelopment ~ q _ CP*FW*]ip,#< I r November :.1; ,19 8 9 ; $`q�r>INTERESTEDS. P�rARTIES TO BE NOTIFIED OF 4COMMITTEE AND COUNCIL'S DECISION: "' jJ ? Dwight & 'Martin, Clizen f ,a#; Mr. &Mrs Bragg II f? �$740 ;Broadview Avenue f.' L=n` R.R. #4'. }, , TORONTO Ontario tixf �` :BOWMANVILLE .Ontario ,�x�, M4K 2P1;� `=7y "���( �'° ,t`r. I,1C 3K5- 5C ` 5' 2 ti X f !y 4 ^'�.} �` -L '}' h 4 ( -S �-J 1 E iram ,Development ;Corp 2121:North.:Rivermede Road Unit 7 IF I CONCORD, Ontario L4K 3N7 Lawrence S. Gold 2040 Yonge Street Unit 300 TORONTO, Ontario M4S 1Z9 James &Margaret Coombers IF BOWMANVILLE, Ontario IF L1C 3K6 IF IF IF I IF 4 INT, AT I IFF TIFF. w L.J J. S , a- E. f �, r'sx I I c t 1 1 1 l l III 1 3 � s? aii�aw393 �4I� �a Si Y i 5 j I e � o£ j � Y r ��� �9999 -i 1� :F� +i�i. y � � >i��1�Fe.��� j��'�i��� ! R !r I 6 �•9 I ( EEj l t jtl6i p �, 5� �L {Bye � r�� ijQ�'�r���a ! S„Rp Rt F'R �75 t d � ¢S. d3 Cps w� r �+ 1 i —b' 3 W f E R i Y 4 Y Y i R R R c f E f �,: f�IfIR /o ! � W 1°- � � r a ..] � s O J °- N o•o Q� aS=g � i E L c a) <b.. y. 7 � j; r M` � ���� 1t 6 G� d IYO.3 �W�i Zm a �a�o% Jj U ,? � .,, 7 Y 9 0. Y a 4 ] ~ . g f w R 3 R a a t w Y � I, 7 'e-� � i £ R F d 2 E C R a R R •n ; -- a R x Y R R R-.,. F a : ..u.. w ,. - R . I S RRfERry .. a'" ]� R z ..�Y � s j r I 4 a R a s � 4 R R Y f „Y � �^ x R R R IQ'� • I� j � � 1 I 1 I 1 � �7 J - +, x Fi p� I � �, • R .l _=�. _ J` K O O I� o •••� •. _ E' I ,,...' ,�•�I ... '�'a^1 EY --- eRR"' 'zj'uct I Cl r� 1:_3 3 2/ 1 S .. .k�' a � i R R R a t —_ : R ■ o: �. � ra-�RRRE.EE.,"-F£�:F;#jRY:fs9l',I��, - L Q �. — � -.. - -i-,c- � — — 7 o a J ,K-_ d i i R R R R R 1 x- I .] hhh '+, � i 3.3�a1 s «]3 « .1 3 3 2l S �`• q ■ R • -�'I - C R �' I I yt,Y,;,l I _ __ x � � 7 ] « A , moo• � i F I.. � � L115: y7 ] j� i-- ®i i R 7 �r i+ I — — — — 1IM'd �- d01 3 21 S ,l 1 b' 3 9 / � I j1l (-1—f-11 i—m--t.. i � I i �.-_.� I�-� -�a - I IC._. i i i i i F-2-1 �-�--� �-=.a j R§ ��: I W �� � `� a ��j Lam, J. ' �!// — — — — — ry �° : ¢ o � o « U ` Z a W • � U a 2 �i e Q� a m :, ., . z Q J a 0 w N tr ;� I 572 PROPOSED AMENDMENT TO THE TOWN OF NEWCASTLE OFFICIAL PLAN BOWMANVILLE MAJOR URBAN AREA ?URPOSE: The purpose of the amendment is to adjust and redefine the land use designations within Neighbourhood "2C". BASIS: The amendment is submitted to implement an application for proposed plan of subdivision 18T-89041. ;.;ACTUAL A1�NDMEN'i': The purpose of =this amendment `is to undertake. the :'.following '(as shown on Schedule r "A" ) i) delete the Public Junior Elementary School 'designation in 1.Neighbourhood "2C"::=of Schedule 7-1; t tr f: J; r w - ii) delete,''�the^4n"Neiighbourhood Park" designation in j' `Neighbourhood "2C6of Schedule 7 1, -'ijP r, tk, iii), delete a portion of the "Hazard;:. Land" indications 'Neighbourhood "2C"'of.Schedule 7-1* and IV) realign the northern 'most: "collector'.road" 'in j t �Ir tNeighbourhood "-=Q:Y of Schedule ?=1. t x f F.n a s .� -�'Sa ro;, '` v` c ` h s�two ( s-'a.h� t r,>r z ,r%5 .-��: err,. t .x,• t�yn X� _2 '�_'k. +.ry{ !� { Itri;. t"x ��''�„ IMF i =L�k' ION: y ` ' Theq provisons�set forthin theown::of}Newcastle y 1h L ,�} - '� 5 ? :z"!i X' l.t .,7u f"'i :^•� Y4%' _ 'r,1- S 7 1�� iT::dl s.. - ii.'� �}Y �C 7 ii'� �-V� — y� x -.'1f ��, i�l'`!c -k - !•. - } r• �li..y FCi t vr. •,. � � 3 `q - ,, _� K a ' #>y �A �'� ��y.� �5 Officials-�1an� (Bowmanville MaJortUrban .Area,) with ``respect ' =� regard `to ,tthis �; r' ilCliRCll l.. s, .b� AMENDIIIIENT TO 30WMIANVILLE LAND USE STRUCTURE PLAN , SCHEDULE 7-1 DN: SERNAS CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION PLAN IDENTIFICATION 1. That this approval applies to draft Plan of Subdivision 18T 89041, prepared by G. M. Sernas & Assoicates, dated (revised) September 1989 (and further revised in red as per the attached plan) showing 336 lots for single family detached dwellings, 158 units for semi-detached or linked dwellings, 114 units for street townhouses and 80 units for Block 530 (medium density block) Block 532 for park, and various blocks for reserve, road widening, site triangle etc. 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. REQUIRIIriENTS TO BE SATISFIID 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 qualified landscape architect to prepare and submit a Park Site Master Plan to the Director of Community Services for review and approval. The said Plan shall reflect the design standard of the Town as amended from time to time. 6. 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. ...2 - 2 - CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT (CONT'D) 7. 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 AGREII4ENT 8. 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. 9. That all easements, road widening, and reserves as,�equired by the Town shall be granted to the Town free and clear of all encumbrances. l�. That the Owner shall dedicate Block 352, as revised for park purposes and further agrees to provide for tree planting, play equipment, fencing, sodding etc. in accordance to the Park Site Master Plan at no cost to the municipality. No building permit, above and beyond twenty-five percent (25%) of the entire subdivision, will be issued -by the Town if the park is not completed to the satisfaction of the Director of Community Services. In addition, that the Owner shall pay to the Town at the time of execution of the subdivision agreement, any under dedication of lands as cash -in -lieu of parkland dedication. 11. 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. 12. That the Owner shall provide and install sidewalks,street lights, temporary turning circles etc. as per the Town's standards and criteria. CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT (CONT'D) 7. 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 AGREII4ENT 8. 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. 9. That all easements, road widening, and reserves as,�equired by the Town shall be granted to the Town free and clear of all encumbrances. l�. That the Owner shall dedicate Block 352, as revised for park purposes and further agrees to provide for tree planting, play equipment, fencing, sodding etc. in accordance to the Park Site Master Plan at no cost to the municipality. No building permit, above and beyond twenty-five percent (25%) of the entire subdivision, will be issued -by the Town if the park is not completed to the satisfaction of the Director of Community Services. In addition, that the Owner shall pay to the Town at the time of execution of the subdivision agreement, any under dedication of lands as cash -in -lieu of parkland dedication. 11. 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. 12. That the Owner shall provide and install sidewalks,street lights, temporary turning circles etc. as per the Town's standards and criteria. 3 - CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) 13. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground. 14. 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. 15. That prior to the issuance of building permits, the Owner shall, through its acoustic engineer, to provide a certification to the Director of Planning, certifying that the Builder's plans are in accordance with the Noise Control Report as approved by the Region of Durham and the Town of Newcastle. 16. 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. 17. 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. - 4 - CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) 18. That the applicant dedicate Block 534 to the Town of Newcastle, free and clear of all encumberances for the purpose of a Fire Station. 19. That the configuration and physical features of Block 539 be condusive to supporting the required facilities for this phase of the park's development without removing any viable vegetation. 2�. That a 3.� m (101.0 ft.) paved walkway be constructed between ltos 67 and 68 to allow access to the park from Street 'C'. 21. That a 3.0 m (1P1.�1 ft.) paved walkway be constructed between lots 93 and 94 to allow access to the park from Street '0'. 22. That lots 59 to 67, inclusive (South of the walkway to Street 'C') not be developed until the park is extended and permanent access is obtained to the south through lands owned by others and the said lots tion with the park and be utilized as be graded and sodded in conjunc a temporary access and frontage to the park. 23. That the park site master plan be submitted to include all phases of the park development, and further incorporate abutting school properties to the satisfaction of the Director of Community Services. 24. That the overland flood routing be confirmed as not bisecting the .. park block. 25. That the proposed street 'A' road allowance be revised to 26.E m (85.3 ft.) to reflect Town standards for a collector road and match the approved road configuration on the west side of Liberty Street. 26. That the proposed streets 'K' and 'N' road allowance be revised to 2P1.0 m (66 feet) to reflect Town standards. ...5 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIR94ENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) 27. That a temporary turning circle be constructed for Street 'C' and that lots 57 to 60inclusive not. be developed until the turning circle is no longer required. 28. That a 0.3 m (1.01 fUs) reserve be placed on the flankage of lots 1017 and 150. 29. That a 9.� m x 9.0J m (301.� ft. x 301.0J ft.) sight triangle be provided at the intersection of Concession Road 3 and Mearns Ave. 34l. That the developer contribute 501% towards the costs of the reconstruction of Concession Road 3,.� to an urban road section, in accordance with Town policy. 31. That the developer reconstruct Mearns Ave. from the limits of this plan southerly to Concession Street. 32. That the applicant's engineer prepare a Stormwater Management Report for the entire watershed that addresses in detail the Major/Minor systems, location of the Detention Facility, and includes relevent information from other review agencies such as the Ministry of Natural Resources and the Central Lake Ontario Conservation Authority. This report shall be subject to the approval of the Director of Public Works, Ministry of Natural Resources and Central Lake Ontario Conservation Authority. 33. That the applicant complies with all of the requirements financial and otherwise of the Stormwater Management Report approved by the Director of Public Works for this watershed, such as construction of a Stormwater Detention Facility (i.ee erosion protection works etc..). These requirements or others may be stipulated by any other agency such as the Conservation Authority, Ministry of Natural Resources or the Canadian Pacific Railway. - 6 - CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIRFI�IENTS TO BE INCLUDID IN SUBDIVISION AGREEMENT (CONY' 34. That the applicant/owner agrees not to commence any grading or construction of any nature within the plan of subdivision until such time as all the storm drainage easements have been conveyed to the Town of Newcastle and the Stormwater Detention facility has been constructed to the satisfaction of the Director of Public Works, Ministry of Natural Resources and the Central Lake Ontario Conservation Authority. 35. That all drainage concerns that arise with this development are dealt with in a manner consistent with the finding of the Stormwater Management Report as approved by the Director of Public Works. 36. That the appliant/owner enter into a cost sharing agreement with the Town for the construction of sidewalks on Liberty Street from Concession Road 3 southerly to Concession Street, to the satisfaction of the Director of Public Works. 37. That a 0.3 metre reserve and 3.P148 metre road widening be dedicated to the Town on Concession Road 3 and Mearns Avenue along with a �.3 metre reserve and sight triangles as shown in red on the draft plan. 38. That the developer will bear the costs (1�1�%) of any works on Concession Road # 3 which are necessitated for the short term prior to future road reconstruction to convey the anticipated vehicular traffic from this development. 39. That the applicant satisfy the requirements of the Ministry of Natural Resources, financial and otherwise with respect to this development and associated works. 4P1. That the applicant satisfy the requirements of teh Central Lake Ontario Conservation Authority, financial and otherwise with respect to this development and associated works. ...7 - 7 - CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) 41. That the developer enter into agreement with Bell Canada for any facilities and easements required by said agency for the servicing of this draft plan of subdivision. 42. That any existing structures on the subject property be removed or demolished prior to any grading or construction commencing on site. 43. That the recommendations of the noise study be implemented with respect to construction of a 1.8 m high privacy fence, warning clauses on title, and construction_of dwelling be fitted with a forced air heating system to accomodate central air conditioning unit.