HomeMy WebLinkAboutPD-188-89TOWN OF NEWCASTLE
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MEETING: General Purpose and Administration Committee
DATE: Monday July 17, 1989
REPORT #: PD-188-89
FILE #: 18T 89013
SUBJECT: APPLICATION FOR SUBDIVISION APPROVAL
LIZA DEVELOPMENTS
PART LOT 9, CONCESSION 2, TOWN OF BOWMANVILLE
FILE: 18T 89013 (X-REF DEV 89-20)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-188-89 be received;
2. THAT the Region of Durham be advised that the Town of Newcastle recommends
approval of the draft plan of subdivision 18T 89013 dated March 1989 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 the
Subdivision Agreement between the applicant of proposed draft plan of
subdivision 18T-89013 or any subsequent 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
Development; and
4. THAT the attached amendment to By-law 84-63 be APPROVED and that the
"Holding (H) symbol be removed by By-law upon execution of a Subdivision
Agreement; and
5. THAT a copy of this Report be forwarded to the Region of Durham and
interested parties attached hereto.
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REPORT NO.: PD- 188 -89 PAGE 2
1. BACKGROUND
1.1 In February of 1989, the Town of Newcastle Planning and Development
Department was advised by the Region of Durham of an
application for approval of a Plan of Subdivision submitted by Tunney
Planning, on behald of Liza Developments. The subdivision application
proposed the creation of ninety -seven (97) single family dwelling lots
originally. The application has since been revised to 108 units
consisting of 58, 12 m minimum frontage and 50, 15 m minimum frontage.
Accordingly, the applicant has also applied to amend the zoning by -law
in order to implement the subdivision.
1.2 The proposal is situated on a 6.84 ha (16.90 acre) parcel of land north
of Concession Street east and west of Mearns Avenue. The application
would create connecting links to Draft Plan of Subdivision 18T -88037 to
the west and the proposed Draft Plan of Subdivision 18T -88024 to the
south.
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, however, does not contain
provisions to regulate public notification of subdivision applications.
Therefore, individual notice to adjacent homeowners was not provided.
However, since an amendment to the zoning by -law was also required in
order to implement the subdivision, the appropriate notice was mailed to
each landowner within the prescribed distance.
2. SURROUNDING LAND USES
2.1 The surrounding land is primarily vacant, although applications for
proposed draft plan of subdivision have been received on the abutting
property are subject to a draft plan of subdivision (18T- 87033), while
lands to the north are agriculturally maintained.
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REPORT NO.: PD- 188 -89 PAGE 3
3 OFFICIAL PLAN CONFORMITY
3.1 Within the Durham Regional Official Plan the subject lands are
designated "Residential ". The primary use of lands so designated shall
be for housing purposes. In view of the foregoing, the application
would appear to comply with the Durham Region Official Plan.
3.2 Within the Town of Newcastle Official Plan (Bowmanville Major Urban
Area), the subject property is designated "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 19.5 units per net residential
hectare. Therefore, the proposed subdivision appears to comply with the
Residential Density policies of the Town of Newcastle Official Plan.
3.4 Within the Town of Newcastle Official Plan, the subject lands are
located within Neighbourhood "1D" Neighbourhood on Schedule 7 -1. Within
this Neighbourhood there exists two (2) "Neighbourhood Park (N)" symbols,
two (2) "Public Junior Elementary School" symbols and a "Medium Density
(M)" symbol. The neighbourhood parks have been accounted for through
approval of the Plan of Subdivision 18T 87033 to the west and proposed
Plan of Subdivision 18T 88037 to the east. Both the Public School Board
and Separate School Board have previously indicated that a second school
site is not required in the "1D" Neighbourhood and offer no objection to
the current proposal. The Medium Density designation has been addressed,
although in a limited fashion, by the provision of eighteen (18)
townhouses in the Plan of Subdivision (18T 88024) to the south.
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3.5 The proposal must further be analyzed in terms of the target population
for Neighbourhood "1D ". This neighbourhood has a maximum population
potential of 5000. Based on this population and the land area of the
neighbourhood, it has been determined that development may take place at
a rate of 15.15 units per gross hectare or 20.2 units per net hectare.
The application proposes a density of 19.5 units per net hectare.
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 The Town of Newcastle Comprehensive Zoning By -law 84 -63
zones the subject property Agricultural (A). As residential uses of the
size and magnitude proposed in the current application are not permitted
in an Agricultural zone, the applicant has also applied to amend the
Zoning By -law accordingly.
Appropriate notice was mailed to each landowner within the prescribed
distance.
4.2 The Public Meeting for the Rezoning Application was held on May 1, 1989.
At this meeting the Planning and Development Department presented a
report recommending that the application be referred back to Staff for
further processing.
As of the writing of this report, the Planning and Development
Department has not received any written submissions regarding the
current proposal.
5. AGENCY COMMENTS
5.1 The application for a proposed Plan of Subdivision was circulated to
various agencies by the Durham Regional Planniong Department.
Subsequently, the Town of Newcastle undertook a limited inter-
departmental circulation. The following provides a summary of comments
received relating to this proposal.
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REPORT NO.: PD-188-89 PAGE 5
5.2 The Town of Newcastle Public Works Department has reviewed the subject
application and offers no objection to the proposal subject to the
provision of certain regulatory conditions. Firstly, that Bradshaw
Street be constructed to Town Standards from Concession Street to the
limits of the Schickedanz Road construction. Secondly, that the proposed
lot configuration on Street 'D' match with previously approved lots
configurations on the Schickedanz lands. Thirdly, that temporary turning
circles be provided at the east limit of Street 'D', the south limit of
Street 'C' and the south limit of Street W. Fourthly, that all of the
Town's standard conditions with regards to easements, roads, services
and grading be complied with.
5.3 The Community Services Department has reviewed the subject application
and offers no objection. However, the Community Services Department
notes that the applicant will have to provide the Municipality with 50
cash -in -lieu of parkland dedication.
5.4 The Town of Newcastle Fire Department has reviewed the subject
application and notes that the access routes to the subject area will
have to comply with all aspects of the Ontario Building Code and the
Ontario Fire Code. The Town of Newcastle Fire Department, however,
offered no objection to the proposal.
5.5 The Regional Public Works Department notes that under a special
servicing agreement among the Region and the benefitting land owners
along Mearns Avenue, the Soper Creek Sanitary Sewer Extension will soon
be constructed. This extension will provide the necessary sanitary
sewer to this proposal. Furthermore, municipal water is available from
an existing 200 mm watermain on Mearns Avenue. Therefore, the Regional
Public Works Department offered no objection to the further processing
of the applicaiion subject to the applicant entering into a special
servicing agreement with the Region for the construction of the
aforementioned Soper Creek Trunk Sewer Extension.
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5.6 The Central Lake Ontario Conservation Authority has reviewed the subject
application and note that the subject lands are within the area
currently being investigated by the Soper Creek Tributary Master
Drainage Plan. However, the Central Lake Ontario Conservation Authority
advises that it has been determined with relative certainty that site
specific flood and erosion control facilities will not be required on
this site. Therefore, the Central Lake Ontario Conservation Authority
has no objection to the application, subject to the provision of various
conditions.
5.7 The Ministry of Natural Resources has reviewed the proposed plan of
subdivision and has noted some concerns but no objections, subject to
the provision of certain conditions. The concern is due to two
intermittent watercourses, which flow into Soper Creek, and enter the
southern portion of the subject property.
5.8 Bell Canada has reviewed the proposal and offers no objection,
conditional upon the owner agreeing to grant to Bell Canada any
easements that may be required for telecommunication services.
5.9 The balance of the circulated agencies which provided comments are the
Public School Board, the Seperate School Board, Ontario Hydro, Newcastle
Hydro and the Ministry of Transportation. None of the aforementioned
agencies provided objectionable comments. The Ministry of the
Environment has yet to respond.
6. STAFF COMMENTS
6.1 As previously noted, the subject application proposes the development of
one hundred and eight (108) single family dwellings. The proposal as
noted is to be developed at approximately 19.5 residential units per net
residential hectare which is slightly below the neighbourhood average
density. However, given the approved and proposed developments in the
neighbourhood, the Planning Department is confident that the balance of
the developable lands may rpoceed at the neighbourhood average while
maintaining the proposed target population of 5000 people.
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6.2 The subject lands are a logical extension to the proposed draft plan of
subdivision (18T-88024) to the south and the draft plan of subdivision
(18t-87033) to the west and provides for future road connections with
the aforementioned subdivisions. Additionally, the plan utilizes the
service lane concept along Mearns Avenue as opposed to reverse lot
frontages. Developing the subdivision in this manner provides a more
attractive design and reduces the need for noise abatement measures.
Finally, the plan has been designed in a manner that will enable the
development of "Street C" in the proposed draft plan of subdivision
18T-88024 to take place. The development of "Street C11 as proposed in
draft plan 18T-88024 will not be able to develop until such time as the
lands subject to this current application develop.
6.3 However, as indicated by the Town of Newcastle Public Works Department,
Lots 1 through 4 on Street IDI will have to be relotted in order to
effectively accomodate Block 96 in Draft Plan 18T-87033 which abuts Lot
1 in the current proposal. Relotting Lots 1 through 4 will allow for
lots sizes which are compatible with the surrounding lots and for the
incorporation of Block 96 with the current proposal.
7. CONCLUSION
7.1 In consideration of the comments contained within said report, Staff
would have no objection to the approval of the proposed Plan of
SUbdivision, subject to the conditions of draft approval as contained in
Attachment No. 1 annexed hereto.
7.2 Furthermore, Staff would have no objection to the approval of the
attached zoning by-law amendment, as applied for. The amending zoning
by-law would provide for the appropriate zone categories to implement
the above noted Plan of Subdivision (18T-89013). Staff note that
removal of the "Holding (H)" prefix will required Council approval, at
such time as the Subdivision Agreement is registered. A rezoning
application will not be required in order to finalize the zoning at such
time.
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Respectfully submitted,
Franklin Wu, M.C.I.P.
Director of Planning & Development
WM*FW*cc
*Attach.
July 10, 1989
MORAL"
Recommended for presentation
to the Committee
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Lawren C --1-;ot; eff
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Chief Ad inistrative officer
Interested parties to be notified of Council and Committee's Decision:
Tunney Planning
340 Byron Street
Suite 200
WHITBY, Ontario
LlN 4P8
Leslie Dennis Chatham
27 Bradshaw Ave.
Bowmanville, Otnario
LlC 2H4
Charles David Green
25 Bradshaw Ave.
Bowmanville, Ontario
LlC 2H4
LIZA Developments
16 Sims Crescent
Unit 16
Richmond Hill, Ont
L4P 2P1
Herbert Gibson
200 Mearns Avenue
Bowmanville, Ontario
LlC 4A2
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DNe DRAFT
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
1. That this approval applies to draft Plan of Subdivision 18T- 89013,
prepared by Tunney Planning, dated (revised) May 1989 (and further
revised in red as per the attached plan) showing Lots 1 to 108 inclusive
for single family detached dwellings 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 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 agree to relot Lots 1 to 4 in draft Plan of
Subdivision 18T- 89013, to the satisfaction of the Director of Planning
and Development, in consideration of the requirements of Zoning By -law
84 -63 and the existing lot configuration of Block 96 in Draft Plan of
Subdivision 18T- 87033.
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CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
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
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 shall be granted to the Town free and clear of all
encumbrances.
9. (a) 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 eigher five percent (5%) or one (1) ha per 300 dwelling
units which ever 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.
11. That the Owner shall provide and install sidewalks, street lights,
temporary turning circles etc. as per the Town's standards and
criteria.
12. That the Owner shall cause all utilities, including, hydro,
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.
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CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
14. 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.
15. That Bradshaw Street be construction to Town Standards from Concession
Street to the limits of the Schickedanz road construction (i.e. Apple
Blossom Blvd. and Elephant Hill Drive).
16. That the proposed lot configuration on Street 'D' match with previously
approved lot configurations on the Schickedanz lands (i.e. Block 96 and
Lot 1) .
17. That temporary turning circles be constructed at the east limit of
Street 'D', the south limit of Street 'C' and the south limit of Street
'A'. All lots directly adjacent to the turning circles shall be on hold
and no building permits issued until such time development proceeds
beyond the limits of the subdivision.
18. That appropriate road widenings on Bradshaw Street and MEarns Avenue be
dedicated to the Town along the 0.3 metre reserves and sight triangles
as shown in red on the attached plan.
19. That the applicant will bear the costs (1000) of any works on MEarns
Avenue and Concession Street which are necessitated as a result of this
development. (i.e. intersection inprovements, turning lanes, utility
relocation, ditch grading, sodding, entrance construction, etc.).
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20. That the applicant /owner contributes to the costs of reconstructing/
upgrading Mearns Avenue in accordance with Town Policy.
21. That the applicant /owner meet all the requirements of the Public Works
Department, financial or otherwise.
22. That the Owner agrees in the Subdivision Agreement, in words
satisfactory to Bell Canada, to grant to Bell Canada any easements that
may be required for telecommunication services.
23. That no grading, filling, construction or alteration to watercourses
shall occur without the written approval of the Central Lake Ontario
Conservation Authority.
24. That prior to the commencement of site preparation, including the rough
grading of roads, the Owner shall obtain C.L.O.C.A. approval of
sedimentation control and grading plans for the subject lands.
25. That the owner shall agree in the Subdivision Agreement with the Town of
Newcastle to carry -out or cause to be carried -out to the satisfaction of
the C.L.O.C.A.:
a) site grading, sedimentation control and minor and major flow
routing; and
b) the requirements of the Soper Creek Tributary Master Drainage Plan
as they pertain to this site.
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REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D)
26. That prior to any grading or construction on the site, the owner shall
prepare site drainage and soil erosion control plans which shall be
acceptable to the Ministry of Natural Resources and Central Lake Ontario
Conservation Authority. These plans will show all proposed surface
drainage works and will describe the means to minimuze or eliminate
on-site erosion and the direct discharge of storm-water flow into the
tributaries, both during and after construction.
27. The Subdivision Agreement between the owner and the municipality shall
contain the following provision in wording acceptable to the Ministry of
Natural Resources:
a) That the owner agrees to implement the drainage and erosion control
plans as required in the above mentioned condition.
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PART 2
INST. No.
101796
PART I
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PLAN IOR -568
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY -LAW NUMBER 89-
being a By -law to authorize the entering into an Agreement with the applicant of
Plan of Subdivision 18T -89013 and the Corporation of the Town of Newcastle for
the development of Plan of Subdivision 18T- 89013.
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 the applicant of Plan of Subdivision 18T -89013 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
MIM&P
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MAYOR
CLERK
DN: A/HR1
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY -LAW NUMBER 89-
being a By -law to amend By -law 84 -63, the Comprehensive zoning By -law of
the Corporation of the Town of Newcastle.
WHEREAS Council of the Corporation of the Town of Newcastle recommends to the
Region of Durham for approval of draft Plan of Subdivision 18T- 89013; and
WHEREAS the Council of the Corporation of the Town of Newcastle deems it
advisable to amend. By -law 84 -63, as amended, of the Corporation of the Town
of Newcastle to implement the draft Plan of Subdivision;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Town of Newcastle enacts as follows:
1. Schedule 113" to By -law 84 -63, as amended, is hereby further amended
by changing the.zone designations from:
"Agricultural (A)" to "Holding - Urban Residential Type One ((H)Ri) ";
"Agricultural (A)" to "Holding - Urban Residential Type Two ((H) R2)11;
2. Schedule "A" attached hereto shall form part of this By -law.
3. This By -law shall come into effect on the date of passing hereof,
subject to the provisions of Section 34 of the Planning Act.
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
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