HomeMy WebLinkAboutPD-262-89TOWN OF NEWCASTLE
FRAM REPORT File #
Res. #
By -Law # Z
METING: General Purpose and Administration Committee
DATE: Monday, October 23, 1989
REPORT #: PD-262-89 FILE #: 18T 88051
aRJECT: SUBDIVISION APPLICATION - FRAM DEVELOPMENTS
PART LOT 13, CONCESSION 2, BOWMANVILLE
FILE: 18T -88051
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD- 262 -89 be received; and
2. THAT the proposed Plan of Subdivision 18T -88051 dated revised
September 1989, as further revised in red 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 satisfaction of the
Director of Public Works and Director of Planning; and
4. THAT a copy of Report PD- 262 -89 and Committee and Council's
recommendation be forwarded to the Region of Durham Planning
Department and all interested parties attached hereto.
1. APPLICATION DETAILS
1.1 Applicant: Fram Building Group
1.2 Subdivision:
- single family dwelling lots (15m frontage) - 75
- semi - detached /linked (18.0 m frontage) - 10
TOTAL 85 units
9> u3 ...2
REPORT PD-262-89 PAGE 2
1.3 Land Area: 10.45 hectares (25.8 acres)
2. BACKGROUND
2.1 In July 1988, the Town of Newcastle Planning and Development
Department was notified of an application for a proposed plan
of subdivision submitted by G. M. Sernas and Associates on
behalf of Veltri and Son Limited. The subject lands are in
Part Lot 13, Concession 2, Bowmanville and are currently zoned
"Urban Residential Type One - Holding ((H) Rl) ".
2.2 The Lands have changed ownership since the original
submission, with Fram Building Group being the current
applicant. Revisions to the plan have also taken place with
the change in ownership. The original submission had proposed
a 0.56 hectare neighbourhood commercial block, which has since
been deleted.
3. LOCATION
3.1 The subject property is located in Part Lot 13, Concession 2,
Bowmanville. The 10.446 hectare parcel is immediately north
of the existing residences of Jackman Road, on the west side
of Old Sucgog Street, south of Mill Lane and east of the
Bowmanville Creek.
4. EXISTING AND SURROUNDING LAND USES
4.1 The subject lands are vacant and are for the most part flat
with a small valley traversing the south third of the
property.
4.2 Surrounding land uses include:
west: Bowmanville Creek
south: existing residences (Jackman Road)
...3
D9 -� 04
REPORT PD-262-89 PAGE 3
east: existing residences (Scugog Street) and proposed Plan
of Subdivision 18T- 86069,18T -89021 & 18T -87087
north: existing residences (Mill Lane) and proposed plans of
subdivision 18T- 87086.
5. OFFICIAL PLAN POLICIES
5.1 Within the Durham Region Official Plan the subject property
is designated 'Residential' within the Bowmanville Major Urban
Area. It is further noted that it is located in the vicinity
of some "Hazard Lands" and "Environmentally Sensitive Areas ".
The extent of which the subject property encroaches into
"Environmental Sensitive" indications will be determined
through review of the Town of Newcastle Official Plan and
Zoning By -law as well as comments from Central lake Ontario
Conservation Authority and Ministry of Natural Resources.
5.2 Within the Town of Newcastle Official Plan the subject
property would appear to be completely within the "Low Density
Residential" designation of the Bowmanville Urban Area. There
are indications of "Hazard Lands" which would appear to
represent the small valley earlier noted as traversing the
lands. Within the Low Density Residential designations, the
lands may be used for housing purposes to a maximum of 30
units per net residential hectare. The proposed plan of
subdivision represents a density of 14.5 units per net
hectare. It would appear the application conforms to the
Official Plan policies.
6. COMMENTS FROM CIRCULATED AGENCIES
6.1 The original application was circulated by Staff at the Region
to various agencies and departments for comments. The Town
of Newcastle Planning Staff, in turn, undertook an internal
circulation to departments within the Town. A limited
05
REPORT R, .. + .. • PAGE I
circulation of the revised plan was undertaken by both the
Region and the Town.
6.2 The following agencies have noted no objection or concern with
respect to the proposal:
- Newcastle Hydro Electric
- Northumber Newcastle Public School Board
- Peterborough Victoria Northumberland Newcastle Separate
School Board.
- Ministry of the Environment
- Ontario Hydro
6.3 The Town of Newcastle Public Works Department Staff have
reviewed the proposal and revisions and noted no objection in
principle, subject to conditions of approval. These include
the applicant conforming to the storm water management report
for the watershed as a whole; that the applicant initiate and
proceed expediously with the proposed road closure in
association with the adjacent development (18T- 87086); that
no direct frontage or access be provided on Mill Lane; that
development of Block 82 proceed through extension of Street
'B'; that contributions for the reconstruction of Old Scugog
Street from Middle Road to Odell Street be made to the
satisfaction of the Director of Public Works; that the
appropriate widenings, sight triangles, reserves and easements
be dedicated; that the applicant bear the costs (100 %) of any
works on Old Scugog Street or Mill Lane necessitated as a
result of this development; and that all of the standard
conditions of approval be satisfied.
6.4 The Town of Newcastle Fire Department Staff noted that this
development represents an increase population of approximately
260 persons. The site falls within the response area of
Station # 1 in Bowmanville and along with other developments
planned for the area will in time put a severe strain on the
level of service provided by said station. ...5
599 06
REPORT PD-262-89
6.5 The Community Services Department Staff comments provided no
objection to the proposal. However, it was felt that a
parkette was warranted in this plan to serve this future
community, as it is removed from the existing and proposed
neighbourhood parks of the neighbourhood. The Community
Services Department Staff agreed that as oppsoed to obtaining
the complete 5% parkland dedication requirement in the form
of land, which equals 1.3 acres (0.526 ha). They would
require a parkette equal to 0.75 acres (0.3 ha) and the
balance, 0.55 acres (0.22 ha) as cash in lieu of parkland.
In addition, the developer would be responsible for developing
the park at a enhanced level, equal to the approximate value
of developing the full 1.3 acres. The applicant will also be
responsible for gratuitously dedicating Block 82 as Open
Space.
6.6 The Central Lake Ontario Conservation Authority Staff have
reviewed the application and find it to be generally
acceptable. The comments noted that the site is within
Northwest Bowmanville Area MAaster Drainage Plan, which has
generally received approval. Authority Staff requested Block
82 come under public ownership. The comments further noted
areas of steep slopes which will require erosion protection.
Conditions of approval require the owner to obtain C.L.O.C.A.
approval of sedimentation control and storm drainage plans for
the site; Block 82 being zoned "Environmental Protection
(EP) " and retained as public ownership, as well as conditions
to be satisfied prior to final approval.
6.7 The Region of Durham Public Works Department Staff have noted
that they have reviewed the plan in consideration of the North
Bowmanville Overall Servicing Plan and are satisfied the site
can develop as proposed. As condition of agreement the
applicant /developer is required to enter into a servicing
agreement with the Region to their satisfaction and in
...6
599 07
REPORT R , ._ ... PAGE i
addition provide all the required Bonds and Performance
Guarantees for works to be undertaken.
6.8 The Ministry of Natural Resources Staff commented that while
they have a resources concern, they have no objection to the
plan subject to conditions of approval. These include zoning
Block 82 "Environmental Protection (EP)"; that the final
plans of the "Master Drainage Plan, North West Bowmanville"
be reviewed by the Ministry and acceptable to them; that the
subdivision agreement contain clauses in wording acceptable
to the Ministry which implements the storm water management
report.
7. STAFF COM14ENTS
7.1 The review process has required the applicant to undertake a
few minor modifications in order to satisfy both the Town
policy /criteria and Official Plan provisions. The applicant
is proposing a Block 81 for future development in conjunction
with the lands to the east proposed Plan of Subdivision 18T-
87086 (Linmac Inc.) Staff have requested that these blocks
and road allowance be developed in the form of 'low density
residential' in conformity with the Official Plan. To that
extent Lot 11 will also be shown as a block for future
development to allow the possibility of a service type road
pattern connection to the east through Street 'B'.
7.2 Building Permits will therefore not be available for lots 11,
12 and 13 until such time as the future of Block 81 has been
finalized. In addition to allowing a temporary cul -de -sac at
the end of Street 'B', freezing of these lots will allow for
the proper development of either a permanent cul -de -sac or a
link to the east.
...7
599 08
REPORT ! , • PAGE 0
7.3 It is noted that a 4.0 m road widening along the frontage of
Mill Lane is required by the Public Works Department. The
Community Services Department requies for a 0.75 acre ( 0.3 ha)
parkette is to be located in the vicinity of lot 23, 24 and
part of 25. This will require re- lotting of lots 26, 27 and
28 to incorporate the balance of lot 25 (see attached).
7.4 The proposal is in conformity with the Official Plan policies
as outlined above, as well as the current "Holding -Urban
Residential Type One ((H)R1) zoning. As a condition of
approval the applicant will be responsible for undertaking a
Zoning By -law Amendment in order to rezone Block 82 as
"Environmental Protection (EP)". The exact depth of all
proposed lots abutting said block will be determined at such
time to the satisfaction of the Ministry of Natural Resources
Staff and Central Lake Ontario Conservation Authority Staff.
7.5 No letters of objection have been received from area residents
with respect to the application, although inquiries have been
made. The main concern appears to be with regards to the
future use of Block 81 in conjunction with Linmac's holdings.
Although both owners have expressed an interest in a
commercial site, this would require future Official Plan
Amendment applications, Zoning By -law Amendment applications,
and Site Plan applications and will be dealt with at such time
as an application is submitted.
8. CONCLUSION
8.1 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 approval as
contained in Attachment No. 1, annexed hereto.
...8
X99 09
REPORT PD-262-89 PAGE 91
Respectfully submitted,
Recommended for presentation
to the Committee
Franklin Wu, M.C.I.P. wren e . Kotseff
DIrector of Planning Chief inistrative
and Development Office
CP *FW *cc
*Attach
16 October 1989
Interested parties to be notified of Council and Committee's
decision:
Christie Alexander
154 High Street
Bowmanville, Ontario
L1C 3C1
Ken Burgess
6 Jackman Road
Bowmanville, Ontario
L1C 2C9
G. M. Sernas and Associates
110 Scotia Court
Unit 41
Whitby, Ontario
L1N 8Y7
Fram Building Group
Attention: Elio Ciccotelli, P. Eng.
220 Humberline Drive,
Rexdale, Ontario
M9W 5Y4
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X-VI a lye 0) Q) RKO) W.Ift U
PLAN IDENTIFICATION
1. That this approval applies to draft Plan of Subdivision 18T-88051,
prepared by G. M. Sernas and Assoicated, dated (revised) September
1989 (and further revised in red as per the attached plan) showing a
total of 80 lots, 75 of which are for single family detached
dwellings, and five of which are for for semi-detached or linked
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 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.
8. Prior to final approval, the Central Lake Ontario Conservation
Authority is to be satisfied:
(a) that no lots abutting block 82 will be prone to flooding under
the greater of regional or 100 year storm conditions; and
(b) that the requirements of the Northwest Bowmanville Area Master
Drainage Plan pertaining to the site will be carried out to the
Authority's satisfaction.
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT
9. 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.
10. That all easements, road widening, and reserves as required by the
Town shall be granted to the Town free and clear of all
encumbrances.
11. (a) 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 equivalent of 0.55
acres (0.22 ha).
(b) That the Owner shall dedicate Block 92 for park purposes and
further enter into agreement 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 (250)
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. 599 1 2
...3
- 3 -
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D)
12. 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.
13. That the Owner shall provide and install sidewalks, street lights,
temporary turning circles etc. as per the Town's standards and
criteria.
14. That the Owner shall cause all utilities, including, hydro,
telephone, Cable TV, etc. to be buried underground.
15. 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.
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. 59/ / 1 J
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18. Block 82 shall be dedicated to the Town of Newcastle and zoned to
prohibit buildings and structures other than those needed for flood
or erosion control.
19. The owner shall agree in the subdivision agreement to carry -out or
cause to be carried -out to the satisfaction of the Central Lake
Ontario Conservation Authority and Ministry of Natural Resources:
a) sedimentation control, site grading and storm drainage for the
subject lands; and
b) the requirements of the Northwest Bowmanville Area Master
Drainage Plan which pertains to the site.
20. The Subdivision Agreement between the owner and the municipality
shall contain the following provisions in wording acceptabLE to this
Ministry:
a) That the owner agrees to neither dredge, dam nor alter in any
way the tributary of Bowmanville Creek without prior written
authorization from this Minisry according to the terms of the
Lakes and Rivers Improvement Act.
b) That the owner agrees to notify the Lindsay Ministry of Natural
Resources Office at least 48 hours prior to the initiation of any
on-site developments.
21. That the applicant will bear the costs (100%) of any works on Old
Scugog Road and Mill Lane which are necessitated as a result of this
development. (i.e.: intersection improvements, turning lanes,
utility relocation, ditch grading, sodding, entrance construction,
etc.) .
22. That Blocks 81 and 90, can not be developed or subdivided until such
time the abutting road allowance is closed by the Town and the said
blocks must be developed in conjunction with the road allowance and
abutting the road allowance to the east.
599 14
- 5 -
23. 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.
24. That the applicant provide a 4.0 m road widening and 0.3 m reserve
along Mill Lane as per the original application.
25. That the applicant submit a rezoning application for Block 82 and
that said zoning establish the "Environmental Protection" zone prior
to Subdivision Agreement being entered into.
599 15
599 16
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5991
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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 Fram Building
Group and the Corporation of the Town of Newcastle for the development of
Plan of Subdivision 18T- 880151.
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 Fram Building Group 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