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Home My WebLink AboutPD-240-89DN: TUNNEY TOWN OF NEWCASTLE r ��r DING: General Purpose and Administration Committee DATE: Monday, October 2, 1989 REPORT #: PD-240-89 FILE #: DEV 89 -05 (X -REF: 18T- 86069) Sl1BJECT: REZONING APPLICATION - TUNNEY PLANNING PART LOT 12, CONCESSION 2, TOWN OF BOWMANVILLE FILE: DEV 89 -05 (X -REF: 18T- 868169) File # 3L Res. # By -Law # RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: I. THAT Report PD- 240 -89 be received; and 2. THAT the proposed Plan of Subdivision 18T -86069 as revised dated July, 1989, as per Attachment No. 1, be APPROVED subject to the conditions contained in this Report; 3. THAT the Mayor and Clerk be authorized, by by -law, to execute a Subdivision Agreement between the applicant /owner and the Corporation of the Town of Newcastle at such time as an agreement has been finalized to the satifaction of the Director of Public Works and Director of Planning; 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; 5. THAT Staff be authorized to enter into negotiations with the applicant/ owner_ for the sale of the triangular portion of the Lord Elgin Park approzimately 615 m2; and 6. THAT a copy of Report PD- 240 -89 and Committee and Council's recommendations be forwarded to the Region of Durham Planning Department; and 7. THAT a copy of Committee and Council's recommendations be forwaded to the interested parties attached hereto. ...2 REPORT N8.: PD-240-89 PAGE 2 - ______-_________-__________________--_-_______________________________________ 1.1 In November 1987' the Tuvn7 of Newcastle 9Inooimg and Development Department was notified of a proposed Plan of Subdivision submitted by Robert Carruthers. The application proposed to create fifty-eight (58) single family dwelling Iota on n 5.023 hectare parcel of lam] on the east aide of Scogog Street, north of Fourth Street, Part Lot 12, Concession 2' former Town of BmxoaauvlIle. 1.2 The proposal has since been revised couple of times, the latest revision to appease the residents concerns. The proposal has also increased in number of units as it now poposes 71 units. These are as follows: two (two)' 13.5m minimum frontage single family dwelling lots; eighteen (0), 15 m minimum single family dwelling lots; five (5)^ 18 m minimum frontage single family dwelling lots; and forty six (46), 18 m minimum frontage semi-detached/link units. 1.3 The eoh'eot property is in Part Lot 12, Couoeaoimz 2' Bmwnauville and is presently zoned `(A) Agricultural'. The Imud is presently vacant. Surrounding land ooea include: South - existing residential mlnm] Fourth Street west - existing residential along Soogog Street, as well as o proposed Plan of 8ulx]iviaiuu 18T-88051. North - existing dwelling which originally formed part of the subject lands, as well as proposed a Plan of Subdivision I8T-83021 and 18T-87087; and East - the Lord Elgin park and school, a proposed PImo of Subdivision 18T-84035 and existing development along Meadow View Blvd. 2° PUBLIC NOTICE AND SUBMISSIONS 2.1 Pursuant to Council's resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within the prescribed distance" F_ C r\ °-.2 ~} ]� REPORT NO.: PD-240-89 PAGE 3 2.2 The Public Meeting attracted a few neighbouring landowners who noted such concerns as a traffic patterns and the impact the development would have on Fourth Street. It was proposed that access be relocated to Scugog Street. Other concerns were with regard to reverse frontage on Scugog Street, and the fact existing residences on the west side of Scugog Street would be facing rear yards. The final concern noted was with regards to potential septic tank interference. 2.3 In response to the issues raised at the Public Meeting, the appliant has submitted a revised Plan which provides access to Scugog Street as opposed to Fourth Street, and has two lots with direct frontage on Scugog St. and two exterior side yards. 3. OFFICIAL PLAN CONFORMITY 3.1 Within the Durham Region Official Plan the subject property is designated residential within the Bowmanville Major Urban boundaries. The predominant use of land so designated shall be for residential purposes. The application would appear to conform. 3.2 Within the Town of Newcastle official Plan (Bowmanville Major Urban Area) the subject lands are designated "Low Density Residential", there also exists a school and park symbol within the vicinity of the property. These recognize the existing school and park sites. Within the "Low Density Residential" designation, the Official Plan policies state that the density shall not exceed 30 units per net residential hectare and shall generally locate at the interior of the residential neighbourhood on local or collector roads. The application would appear to comply as the proposal has a density of 21.39 units per hectare. 3.3 The official Plan policies further state that the proposed subdivision applications are to be in conformity with the population target for the subject neighbourhood. The subject application is within neighbourhood 12A' which has an amended population target of 3900 people. Staff have 4 r-- r i J4 I REPORYNO.: PD-240-89 PAGE 4 ----------------------------------------------------------- ------------------- reviewed the proposed and approved applications within this neighbourhood and are satisfied that should this application proceed as proposed, the balance of lands which are not developed and are presently subject to an application may develop in conformity with the aforementioned population target. 4. CIRCULATED AGENCIES 4.1 The original subdivision application was circulated by Staff at the Region to various agencies and departments for comments. The Town of Newcastle Planning Staff being a circulated agency, in turn, undertook an internal circulation to departments within the Town. Regional Planning Staff undertook a limited circulation of the revised plan. The Zoning By-law Amendment application was also circulated in accordance with the Planning Act and departmental procedures. 4.2 The Town of Newcastle Community Services Department Staff noted no objection in principle. The applicant must provide a 5% cash-in-lieu of parkland dedication, the applicant would be further responsible for sucessfully negotiating a transaction for the portion of Lord Elgin Park, this includes in addition to providing market value for the land, all costs associated with replacement of trees and relocation of the sports field. The Community Services Staff also requested the proposed walkway to be paved and fenced. Community Services Staff are satisfied that the park will be redesigned and reconstructed to continue to meet the communities needs. 4.3 The Fire Department Staff noted a concern with the development. The proposed plan for 71 residential units, would result in a population increase of approximately 210 persons, this continued growth in this and other areas, may impact on the level of service which this department is able to maintain. 4.4 The Town of Newcastle Public Works Department Staff review of the application noted no objection to the proposal subject to various conditions of approval. The applicant is required to construct temporary turning circles, and the adjacent lots are to be put on hold until r 5 G. . I I I.EPORT NO.: PD-240-89 Fl A� development of adjacent lands take place; the applicant must conform to the approved Storm Water management report; that contributions be made for the reconstruction of Old Scugog Street; that the applicant bear the costs 100% of any works on old Scugog Street which are necessitated as a result of this development; and that the standard conditions of approval be applied. 4.5 The Central Lake Ontario Conservation Authority Staff have provided comments stating no objection to the proposed plan subject to a list of conditions. These include CLOCA approval of a sedimentation control and grading plan for the subject lands, approval of a 100 year storm overland flow routing; and CLOCA being satisfied that the requirements of the North West Bowmanville Area Master Drainage Plan are being maintained. 4.6 The Durham Region Public Works Department Staff had commented in January of 1989 that there were servicing constraints with zone two water not being available and that a new sanitary sewer system in conjunction with lands in North Bowmanville had to be established. They therefore, considered the application to be premature until servicing agreements are in place. Regional Public Works Staff have not provided comments on the revised plan. Comments dating back to January of 1989 consider the application premature until servicing agreements are in place. Both the agent and applicant have assured Planning Staff that Letters of Credit have been submitted and agreements signed. It is further noted that Regional Planning must satisfy themselves to that end prior to providing draft approval. 4.7 The Northumberland Newcastle Public School Board Staff have reviewed the application noting no objection to the proposal. They have however requested access by walkway to the lands to the north in the vicinity of lots 14 and 15. 4.8 The following agengies in reviewing the proposed application provided no objection to the application as submitted. - Newcastle Hydro; - Ontario Hydro; - Peterborough Victoria Northumberland Newcastle Separate School Board; - Durham Region Health Department; - Ministry of Natural Resources; - Ministry of Environment; and - Ministry of Agriculture and Food. 5. STAFF COMMENTS 5.1 It is noted that in order to develop Blocks 49 to 53 as residential lots, the applicant has proposed to purchase a triangular strip of land from the Town owned Lord Elgin Park (approximately 615 m 2 ). The Community Services Department have reviewed this proposal and as noted above have no objection subject to a number of conditions of approval. The applicant has proposed a 3.0 m walkway from Street 'A' to access the existing park. 5.2 The proposed application would appear to allow for appropriate development of the lands to the east (18T-84035), although the street location may need to shift in order to allow for proper road alignment. It is noted that should the subject applications receive approval, the applicant will be responsible for acquiring easement over the lands immediately to the east in order to provide a secondary access to the site via Street W, until such time as Plan 18T-84035 does develop. 5.3 A small triangular parcel of land in lots 24 and 25 will be red-line revised as a block for future development, in order to allow for the appropriate development of adjacent lands to the west (18T-87087). Staff note that in accordance with Town Policy, the applicant will be required to provide a 1.8m (6.0 ft.) high wood privacy fence between existing residential lots and proposed lots and between the Lord Elgin park and school sites and the proposed lots. 5.4 In accordance with the Public School Board's comments, the applicant is required to provide a fenced and paved walkway in the vicinity of Lots 14 and 15. This will, in the future, allow access from the subdivision to the north via walkways to the existing park and school. 7F ...7 D 4 6.1 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. 6.2 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-86069). Staff note that removal of the "Holding (H)" prefix will require 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. Respectfully submitted, - - - - - - - - - - - - - - Franklin Wu, M.C.I.P. Director of Planning & Development CP*FW*cc *Attach. September 25, 1989 Recoranended for presentation to the'Committee ------------ L wrenc Kotseff Chief A i istrative Officer PERSONS TO BE NOTIFIED OF COMMITTEE AND COUNCIL'S DECISION Hugh Macklin, President Linmac Inc. P.O. Box 1027 1011 William Street Cobourg, Ont K9A 4W5 Peter Lugtenburg 191 Scugog St., Bowmanville, Ont. LIC 3J9 F_ r 'D ...8 REPORT NO.: PD-240-89 -------------------- W. J. Cobban 14 Fourth Street Bomanville, Ont. LlC 2G3 Gordon Sturrock 210 Scugog St., Bowmanville, Ont. LlC 3J8 Roy Lunny 212 Scugog Street Bowmanville, Ont LlC 3J8 Michael Pogue 10 Fourth Street Bowmanville, Ontario UC 2G1 Tunney Planning 340 Byron St. S., Suite 200 Whitby, Ontario LlN 4P5 That this approval applies to draft Plan of Subdivision 18T-86069, prepared by Tunney Planning Inc., dated (revised) July, 1989 (and further revised in red as per the attached plan) showing 25 lots for single family detached dwellings and 23 lots for semi-detached or linked dwellings (46 units), and various blocks for walkways 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® REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 6. 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. r 2 - 2 - 7. That all easements, road widening, and reserves as required by the Town shall be granted to the Town free and clear of all encumbrances. 8. That the Owner shall pay to the Town at the time of execution of the subdivision agreement, five percent (50) cash -in -lieu of parkland dedication for residential development. 9. 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. 101. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Town's standards and criteria. 11. That the owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground. 12. 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. 13. That prior to the issuance of building permits, the Owner shall retain an architect to prepare and submit an Architectural Control Plan to the Director of Planning and Development. The architect shall further certify that the said Plan has achieved the objectives of providing: a variety of housing style; attractive streetscape treatment; 'harmony of colour, style and exterior materials used, etc. ...3 ® 3 - IVY 14. 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 Ministry of the Environment and the Town of Newcastle. 15. 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. 16. That a land value appraisal be carried out on the triangular piece of parkland by a firm of the Town's choice at the purchasers expense to determine the fair market value based upon the portion of each serviced lot created or enhanced, and that the land be purchased from the Town based on the said market value. 17. That the two trees that will be lost to the park be assessed by the Town in accordance with the International Society of Arborists Tree Evaluation Formula, and that the Town be reimbursed for this determined loss either in funds or in a quantity of trees of total equal value. 18. That a firm of landscape architects acceptable to the Town be retained by the purchaser to investigate and provide solutions to the relocating of the sport(s) fields and to ensure that no drainage problems will exist all to the satisfaction of the Director of Community Services. 19. That all costs associated to the relocation of the sports field including upgrading to Town standards be born by the purchaser to the satisfaction of the Director of Community Services. ...4 55 9 ® 4 CONDITIONS OF ApPRO OF FINAL PLAN REGISTRATION 20. All provisions of this agreement for purchase, must be completed by December 31, 1990. 21. That the offer to sell and the offer of purchase is subject to the approval of Council. 22. That the alignment of Street "B" be in conformance with the alignment of the same street through 18T ®840135 (Veltri). 23. That a temporary turning circle be constructed at the east limit of Street "B" until such time as development proceeds easterly. Lot 27 shall be on "hold" until that time and Lot 28 shall have the driveways sited on the north /south leg of this street. 24. That a temporary turning circle be constructed at the east limit of Street "A" until such time as development proceeds easterly. Lot 33 shall be on "hold" until that time and driveways for Lot 32 shall be sited on Street "B ". 25. That the applicant /developer conform to the approved Storm Water Management Report for this area. 26. That contribution be made to the reconstruction of Old Scugog Road from Middle Road to Odell Street. The contributions will be determined based on total areas of all developable and developing lands that will directly impact the use of this collector corridor. 27. That the applicant provide for fencing where required by the Town. 28. That the applicant will bear the costs (10101 %) of any works on Old Scugog Road which are necessitated as a result of this development. (i.e.: intersection improvements, turning lanes, utility relocation, ditch grading, sodding, entrance construction, etc.). ...5 - 5 - CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION sir 1 1. x W 29. That a 3.048 metre road widening be dedicated to the Town along with a 0.3 metre reserve and sight triangles as shown on the most recent submission of this plan (dated July, 1989). 30. Prior to the commencement of site prepration, including the rough grading of roads, the owner shall obtain Central Lake Ontario Conservation Authority (C.L.O.C.A.) approval of sedimentation control and grading plans for the subject lands. 31. Prior to the commencement of site preparation, the Owner shall obtain C.L.O.C.A. approval of 100-year storm overland flow routing for the plan. A brief report is to be submitted which illustrates overland flow routing for the site and other developments in the northwest Bowmanville area. 32. Prior to final approval of the plan, the C.L.O.C.A. is to be satisfied that the requirements of the Northwest Bowmanville Area Master Drainage Plan pertaining to the site will be carried-out to the Authority's satisfaction. 33. 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 major overland flow routing; and (b) the requirements of the Northwest Bowmanville Area Master Drainage Plan as they pertain to this site LOT 14 LOT 13 LOT 12 LOT II CONCESSION ROAD 3 l 18T- 89044 18T-87089 18T -87021 ` c OD �%q s� �. O 18T 18T 87085 89070 — CD 18T -87087 �'• o N z Z w 18T -82037 ° w z U o Z 890 21b�, z :_` ,yMEA00WVIEW 8l IST -8606 -� fj 18T cj NICREST BLVD z �d 18T -88051 84035 z (�-- - VANSTONE CT. 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' ..........dry W �� 1- � - � ."D i, ` • ' ~ % i ,� ` a ,`-�� \ \ I'lP.I-�.. 1 tom, ✓i v4'•`J. r — I -1 4-- — _ _ _ — — .-. ---t? )bdia 'b° . "tav ZI o S Q % 0 F n -F� - - -- -/ T . _L._ LI- - - - r IP- L - - A W a w DN: TUNNEY /14 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 the Council of the Corporation of the Town of Newcastle recommends to the Region of Durham for approval of draft Plan of Subdivision 18T- 86069; and WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend By -law 84 -631, , 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 designation from: "Agricultural (A)" to "Holding - Urban Residential Type One ((H)Rl) "; "Agricultural (A)" to "Holding - Urban Residential Type Two ((H)R2)11; as shown on the attached Schedule "A" hereto. 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 1988. MAYOR CLERK