Loading...
HomeMy WebLinkAboutPD-188-89TOWN OF NEWCASTLE 111% 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. 5951 ... 2 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. ...3 1 d° ' / U 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. D�% ...4 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. ...5 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. X 0 0 1)J / PAGE 6 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. �7 ) I ...7 PAGE 7 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. M*-1 n rN 7 U, 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 -- ------------- Lawren C --1-;ot; eff --"" � ; 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 �qq n� Ij / U I/ 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. 0 0 0 M - 2 - 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. !�3 F,9 nip, J, U -P - 3 - 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.). ...4 S99 nA - 4 - • ,.� 0 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. 599 07 ...5 - 5 - W11102100 19 W W-02- "M -1 A-944MAIMMUR-2814 - I I- � 11 1 - I 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. L 0 7' C 0 N C C S S PART 2 INST. No. 101796 PART I i PLAN IOR -568 INST. Ho. 146827 49 14 14l 23: : Lo YA, 2 1-24 j . " (1) 53 26 5 -4 27 CQ: Ld + 2;i Q 5 X 2 2L A 29 -j u — 20 CL < i X L -- k y 19 jj J2 V E N U E 10 8 7 t ICI 97 96 :11 LJ 7D Lai P�J! L 1.1.x. PLAN Lj r�'i 1oR -2110 �. .��, I 16 14 12 M 5 6 PART 1 .3 Q) PART 2 & .3 j —5-7 3 11WMAS WALLACC HC�R BRAOSHAW ICKS:PLAN f-CR PORTER 64 6 7 5 61 62 63 65 11 58 1.59 60 627 I J!, J7 J5 33 25 23 21 1.9 i7 15 13 11 9 L — L— —J — —L — L— —J s. MA . NN STREET F— — S T- (UNOPENED) — — — — — — — — — — — — 7.3 I 7.2 I, I 70 ls!) 1 60 1 is 7 1 —L L —L —1 .74 C > 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 X97 11 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 599 11 2 5c/_19 13 r' This is Schedule to • passed 1 of 31989 0•.. •. N17046 00 W • NISON N72002'00 W :..::- :- :::,.:�s.:.s.:.:.::.., f :� ::. o• • • • •� e • •� ► e • e • • • • • • • ►e ►ee..e�►.s.♦ oeee..00.o�/ N74-2714 -E ►e�,���o�,��►o��.o�o� , 4,0 �000sooe0000e oo��e000� / ♦.oe..� ►. �.♦ ►��00,0,00��o��eo���,�e� /I ' • Jr W ►oioioi�i�►�e=e; ♦oeeo • .. wt- rod .. • 20NING CHANGE FROM TO tONING CHANGE FROM Mayor Clork • ■ Wm �''• 5c/_19 13 r'