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Home My WebLink AboutPD-162-89TOWN OF NEWCASTLE NOTING: General Purpose and Administration Committee DATE: Monday, July 3, 1989 REPORT #: PD- 162 -89 FILE #: 18T -87005 SUBJECT: SUBDIVISION APPLICATION AND REZONING TO REMOVE "HOLDING (H) " SYMBOL APPLICANT: 671461 ONTARIO LIMITED PART LOT 13, CONCESSION 2, TOWN OF BOWMANVILLE FILE: 18T -87005 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 162 -89 be received; 2. THAT the proposed Plan of Subdivision 18T -87005 dated as revised August, 1988, and as further revised in red, be APPROVED subject to the conditions contained in Attachment No. 1 to this Report and the "Holding (H)" symbol be removed by By -law upon execution of a Subdivision Agreement; 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 the Agreement has been finalized to the satisfaction of the Director of Public Works and Director of Planning; and 4. THAT a copy of ReportPD- 162 -89 and Committee and Council's recommendation be forwarded to the Region of Durham. 549 REPORT NO.: PD-162-89 kvvmmnn .... w1 R. 1.1 In February of 1987, the Town of Newcastle Planning and Development Department was notified of an application for a proposed Plan of Subdivision submitted by 671461 Ontario Limited. The application proposed the creation of sixteen (16) single family dwelling lots on a 4.02 ha parcel of land in Part Lot 13, Concession 2, Town of Bowmanville. The subject property is situated at the west end of Edsall Avenue and Rehder Avenue and the application proposes to join the two (2) streets to form a crescent shaped road. The proposal also included a walkway to link a 2.75 ha valleyland block to the proposed plan of subdivision. 1.2 In April of 1989, the Town of Newcastle Planning and Development Department were notified of a revised Plan of Subdivision for the subject property. The revision increased the number of proposed lots by one (1) to seventeen (17). The balance of the proposal remained essentially the same, including the road pattern, walkway and valleylands (Block 19). 2. CONFORMITY TO THE OFFICIAL PLAN: 2.1 Within the Durham Regional official Plan, the subject property appears to be designated "Residential" with "Hazard Land" and "Environmentally Sensitive Areas" characteristics. The amount of developable land (i.e. Residential) is to be determined with the assistance of the Central Lake Ontario Conservation Authority and Ministry of Natural Resources. 2.2 Within the Town of Newcastle Official Plan (Bowmanville Major Urban Area) the subject lands are designated "Low Density Residential" with "Hazard Lands". As in the case of the Regional official Plan, developable lands shall be determined in consultation with the Conservation Authority. ...3 REPORT NO.: PD-162-89 PAGE 3 The "Low Density Residential" designation allows development to take place at a maximum of 30 units per net residential hectare. The subject application has a density of approximately 13 units per net residential hectare. The application would appear to comply with both plans. 3. CONFORMITY TO THE ZONING BY-LAW: 3.1 Within the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, the subject property is zoned "Urban Residential Type One (Rl)", "Holding - Urban Residential Type One ((H)Rl)", and "Environmental Protection (EP)". The "EP" zoning appears to be generally restricted to Block 19 (valleylands) and therefore would not require rezoning. The "Holding (H)" provision in the 11((H)Rl)11 zoning will be removed at such time as the Subdivision Agreement is registered. Application for this rezoning has been submitted (File: DEV 89-43). 4. CIRCULATED AGENCIES: 4.1 The original application was circulated by Staff at the Region of Durham to various interested agencies and departments for comments. The Town of Newcastle Planning Staff, in turn, undertook an internal circulation to departments within the Town. The revised application as well has been circulated by Regional Staff to a limited number of agencies which included Regional Works, Central Lake Ontario Conservation Authority and the Ministry of Natural Resources. Town Planning Staff have also completed a limited circulation to the various Town departments. 4.2 The following agencies noted no objection or no comment to the proposal as presented: - Public School Board - Separate School Board - Ministry of Transportation - Ministry of Environment - Regional Health Department - Newcastle Fire Department - Ontario Hydro F_ -) J 4 _4 REPORT NO.: PD-162-89 PAGE 4 4.3 In reviewing the application, the Town of Newcastle Public Works Department Staff have noted no objection to the proposal subject to the following conditions: a) the developer will be responsible for the costs (100%) of any works on Rehder Avenue and Edsall Avenue which are necessitated as a result of this development (i.e. street lighting, sidewalks, drainage, ditching, sodding etc.); b) that the developer be responsible for the construction of a walkway (Block 18) adjacent to Lots 5 and 6, from the street line to the limit of the applicant's lands (Block 19) to the satisfaction of the Director of Public Works and in conjunction with the proposed walkway to the Bowmanville Co-operative site (DEV 89-30); c) that the developer address the Town's concern with regards to erosion downstream of the proposed culvert and outfall and that ditch drainage on Rehder and Edsall Avenues shall be picked up by means of ditch inlets satisfactory to the Director of Public Works. The applicant shall also be required to satisfy all the standard requirements of the Works Department. 4.4 The Town of Newcastle Community Services Department Staff noted they also had no objection to the proposal subject to satisfying various conditions. The developer will be required to dedicate Block 19 gratuitously as Open Space as well as contribute a cash-in-lieu of parkland dedication. The Community Services Staff also noted that the walkway (Block 18) shall be paved and fenced for vehicular and pedestrian access to the valley floor. In addition the developer shall create a play ground with other support services in the valley. The parkette shall be developed in accordance with the Town's standards. 4.5 The Central Lake Ontario Conservation Authority Staff have reviewed the proposal as submitted and have noted some concerns, however, offered no objection to the application subject to conditions of approval. Their comments noted that the proposed Lot '19" extends beyond the top-of-bank. This will have to be revised. The "Environmental Protection (EP)" zone presently reflects Block 19 of the proposal. Authority Staff will require this zone to remain and that the lands be dedicated to the Town. Conservation Staff also noted that the proposed servicing scheme impacts the valley system, therefore, the proposal must be assessed further and a recommendation incorporated into the Subdivision Agreement. I- r'7 ...5 J J L REPORT NO.: PD-162-89 PAGE 5 _______________________________________________________________________________ 4.6 Regional Public Wnzho have reviewed the application and also indicated no objection to the proposal. Their comments noted that the establishment of a Zone II water supply through negotiations with North Bovmauv1Ile Developers Group will provide water to service this site. The applicant, however, will be responsible for all costs associated with sanitary sewer provisions. 4.7 The Ministry of Natural Resources Staff comments have not been received on the revised plan as of the writing of this report. However, comments received on the previous submission requested conditions similar to those of Central Lake Ontario Conservation Authority. In this regard, Staff is confident these comments can be addressed by Regional Planning Staff through draft approval. 5. STAFF COMMENTS: 5.1 J\ review of the above-noted comments indicate that some minor revisions to the proposal are required prior to Draft Dloo Approval. The application did not cecalne any objection from residents in proximity to the site and the lands are currently zoned in compliance with the proposal. 5.2 Staff note that the applicant will be required to produce additional supporting documentation in terms of site drainage that is acceptable to the Director of Public Works and Conservation Authority. However, these conditions will be incorporated in the draft approval. 5.3 One of Staff's concerns with the proposal is in the naming of the proposed street. As there are presently two existing streets with different names, it becomes difficult to create a division in street names, when the road will become, in effect, a crescent. This matter will be examined by Staff through the draft plan approval process. ...6 _ rr7 13D ~ REPORT NO.: PD-162-89 PAGE 6 ---------------------------------------------------------------------- 5.4 Planning Staff are in agreement with the comments, conditions, and recommendations put forth from the circulated agencies. The "Environmental Protection (EP)" zone as it delineates Block 19, will be maintained. The applicant will be responsible for the revision of lot lines to ensure all lots are consistent with the top-of-bank, and the applicant will further be responsible for providing a playground and developing the playground and walkway from the street to the valley floor. 5.5 In consideration of the comments contained within said report, 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, Recommended for presentation to the Committee Franklin Wu, M.C.I.P. Director of Planning & Development CP*FW*jip *Attach. June 9, 1989 0 awrence - ---------------- awrence tseff Chief Adm'ni trative Officer INTERESTED PARTIES TO BE INFORMED OF COUNCIL AND COMMITTEE'S DECISION: 671461 Ontario Limited 182 Wellington Street BOWMANVILLE, Ontario LlC 1W3 Ms. Donna Tatar 15 Rehder Avenue BOWMANVILLE, Ontario LlC lZ9 F )-)4 ATTACHMENT O. 1 TO REPORT PD-162-89 5,71461 ONTARIO LIMITED OF l • 18T-87005 1. That this approval applies to draft Plan of Subdivision 18T- 87005, prepared by D.G. Biddle and Associates Limited, dated (revised) August, 1988 (and further revised in red as per the attached plan) showing Lots One (1) to Seventeen (17) inclusive for single family detached dwellings, Block 20 for a parkette, Block 19 for Open Space, and various blocks for reserve, road widening, site triangle etc. 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 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. ...2 _2_ 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. 7. That the owner shall obtain C.L.0.C.A. approval of an erosion and sediment control plan for the subject lands, prior to the oVxxneuoemeot of site preparation. REQUIREMENTS 9O BE INCLUDED IN SUBDIVISION AGREEMENT 8. That the Owner shall enter into aSubdivision 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 required by the Town shall be granted to the Town free and clear of all encumbrances. lO. (a) That the Ovmzer shall pay to the Town of Newcastle at the time of execution of the subdivision agreement, five percent (5%) cash-in-lieu of parkland dedication. (b) That the Owner shall dedicate Block 19 gratuitously to the Town of Newcastle as an {pxao Space Block. ...3 J J U - ] - ll. 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 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 Qouzaoteev 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, aroeoo routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watecmaiuo and hydrants are fully serviced and the Owner agrees that dozing construction, fire anoeoa routes be maintained according to Subsection 3.5.1.2 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. ^^^4 JJ/ - 4 - Nogagg"amag to) 111111o" 11 01-ga go 16. That the developer will bear the costs (100%) of any works on Rehder Avenue and Edsall Avenue which are necessitated as a result of this development. (i.e. street lighting, sidewalks, drainage, ditching, sodding, etc.) 17. That a 3 metre fenced walkway suitable to vehicular and pedestrian traffic be constructed adjacent to Lots 5 and 6, from street line to the valley floor. The walkway shall have a maximum grade of 8% and shall be designed with no steps. It shall be situated such that it will link with the proposed walkway from the adjacent development (DEV 89 -30) and at a suitable location where grades will be least affected. 18. That ditch drainage on Rehder and Edsall Avenue shall be picked up by means of ditch inlets, as well as any other drainage external to the site. The storm sewer system shall be oversized accordingly, and shall also reflect future drainage into the storm system. 19. The developer shall address Town concerns with regard to erosions downstream of the proposed culvert and the outfall. Steps shall be taken to control potential erosion within the limits of Block 19, and to ensure that all riparian rights have been established and addressed. 20. The developer shall provide future road grades for Rehder and Edsall Avenue to ensure future reconstruction of same and the proposed vertical alignment in the new development will be consistent. 21. The developer shall construct new sidewalks along Rehder and Edsall Avenue (from the limit of the existing sidewalk on Rehder Avenue). 22. The developer shall address the treatment of steep grades satisfactorily on Lots 4 and 5 and Lots 9 and 10 without changing grades at the top of slope or property boundary. ...5 - 5 - A 23. That the rear boundary of Lot 9 shall be amended to coincide with the top-of-bank of the valley. 24. That the owner shall obtain C.L.O.C.A. approval of a storm drainage plan for the site, which is to be in conformity with the recommendations of the Northwest Bowmanville Area Master Drainage Plan and is to include stormwater outfall locations, erosion protection works in the tributary and Bowmanville Creek valley systems and the major overland flow routing of 100-year storm flows. 25. That the Owner shall agree in the subdivision agreement with the area municipality to carry-out or cause to be carried-out to the satisfaction of Central Lake Ontario Conservation Authority: (a) the erosion and sediment control plan for the site; (b) lot grading generally within the plan and construction within Lots 1 to 10 inclusive, Block 18 and Block 19, as shown on the revised draft plan; (c) storm drainage for the site including erosion protection works. `6 DRAFT PLAN OF PROPOSED SUBDIVISION PART OF LOT 13, CONCESSION 2 cFORMERLY THE TOWN OF BOWMANVILLE) TOWN OF NEWCASTLE REGIONAL MUNICIPALITY OF DURHAM 1 L.}l C'N ADDITIONAL INFORMATION REQUIRED UNDER SECTION SO OF TILE PLANNING ACT 0- SINGLE FAMILY OWELLINCS. RESIDENTIAL E•SOUTN-FL000 PLAIN PEST -FLOOD PLAIN N011TN- FUTURE RE.10ENTIAL EAST •RESIOENt IAL N -PIPEO WATER TO BE INSTALLED I -SILTY SAND BOIL K•FML MUNICIPAL SERVICES TO BE INSTALLED SCHEDULE OF LAND USE - . LOTS I -17 SINGLE FAMILY RESIDENTIAL 1.30 ILA BLOCK 10 WALKWAY 0.01 NA BLOCK I9 VALLETLAIA 2.10 NA ROAD ALLOWANCE 0.39SIA TOTAL S;TE AREA I. IDS NA r P O A � • AYfI.1••F I aa.r e AB MANVILLE 9 D I � i - � I — I . n.a aaxl 1---- - ---'— I ° ECISALL AVENUE -- T--T-- -i ---T—' ' 16 5 RII :TB1 771 I d tI — °-f'a-- �--- 1'- --I-- g I I I 13 ,� I PLAN NOII• 82 1>f'r 12 � 1 I i I' • 941 1 93 1 I. I_ I ! I T`•s t o a I I 1 anlrtKa �I m ?o, = I ( I DST -- 1-- L- - - -.L c RENDER AVENUE - T ?-r- -�- i -- �_� Ihl vl M I I 18T 87005 OWNER'S CERTIFICATE 1 HEREBY AUTIMIZE THE SMU:SSION FOR APPROVAL OF TOF PROPOSED SUBDIVISION Stitt._.. 7 SURVEYOR'S CERTIFICATE 1 HEREBY CERTIFY T1UT THE BOUNDARIES OF THE LANDS TO BE p�Pµµpp O RAA�TII� HIP gE 4HSREACCUMTELY AMC AND Vlf1lL�AA,0 "..- yT�rr[1L i«4�ietfi”" <. LA CORPORATION OF THE TOVN OF NEWCASTLE DRAFT PLAN OF ROPOSED SUBDIVISION 4t181dd1a & Amxleta� LIM[Bd �} D -3 Til /70 8 7t . mi BL'0 8 B w BLOCK 19 r VALLEYLAND 7 e 9 „,v- r P O A � • AYfI.1••F I aa.r e AB MANVILLE 9 D I � i - � I — I . n.a aaxl 1---- - ---'— I ° ECISALL AVENUE -- T--T-- -i ---T—' ' 16 5 RII :TB1 771 I d tI — °-f'a-- �--- 1'- --I-- g I I I 13 ,� I PLAN NOII• 82 1>f'r 12 � 1 I i I' • 941 1 93 1 I. I_ I ! I T`•s t o a I I 1 anlrtKa �I m ?o, = I ( I DST -- 1-- L- - - -.L c RENDER AVENUE - T ?-r- -�- i -- �_� Ihl vl M I I 18T 87005 OWNER'S CERTIFICATE 1 HEREBY AUTIMIZE THE SMU:SSION FOR APPROVAL OF TOF PROPOSED SUBDIVISION Stitt._.. 7 SURVEYOR'S CERTIFICATE 1 HEREBY CERTIFY T1UT THE BOUNDARIES OF THE LANDS TO BE p�Pµµpp O RAA�TII� HIP gE 4HSREACCUMTELY AMC AND Vlf1lL�AA,0 "..- yT�rr[1L i«4�ietfi”" <. LA CORPORATION OF THE TOVN OF NEWCASTLE DRAFT PLAN OF ROPOSED SUBDIVISION 4t181dd1a & Amxleta� LIM[Bd �} D -3 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- 87005. 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 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 562