HomeMy WebLinkAboutPD-283-89TOWN OF NEWCASTLE
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REPORT File #66 .,
542985
Res. #
By -Law #
MEETING: General Purpose and Administration Committee
DATE: Monday, November 6, 1989
REPORT #: PD -283 -89 FILE #: 18T -87076 & DEV 87 -88
(X -REF OPA 87 -29/D & LD 719/88)
SUBJECT: SUBDIVISION AND REZONING APPLICATION - 542985 ONTARIO LTD.
PART LOT 15, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON
FILE: 18T -87076 & DEV 87 -88 (X -REF OPA 87 -29/d & LD 719/88
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD -283 -89 be received; and
2. THAT the proposed Plan of Subdivision 18T -87076 dated September
27, 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 Owner and the Town of Newcastle
at such time as the agreement has been finalized to the
satisfaction of the Director of Public Works and the 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 a copy of this Report and Council's decision be forwarded to
the Region of Durham Planning Department; and
6. THAT the interested parties listed in this report and any
delegation be advised of Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: 542985 Ontario Limited
1.2 O.P.A.: From 'Major Open Space' to 'Estate Residential' as
approved by Regional Council on July 4, 1989.
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REPORT PD-283 -89 PAGE 2
1.3 Subdivision: six (6) single family dwelling lots.
1.4 Rezoning: From 'Agricultural (A)' and 'Environmental Protection
(EP)' to a residential zone to implement proposed plan
of subdivision.
1.5 Area: 16.5 hectares (40.7 acres) of which only 2.46 hectares
(6.08 acres) are being utilized in the development.
2. BACKGROUND
2.1 In May of 1987, the Town of Newcastle Planning and Development
Department received notice of an application to amend the Durham
Region Official Plan to permit the development of seven (7) estate
residential lots in Part Lot 15, Concession 3, Darlington (see key
map). Subsequently in November of 1987, the applicant submitted
both a proposed plan of subdivision and zoning by -law amendment
application with regards to the above noted property.
2.2 On March 6, 1989, Staff prepared a report recommending the subject
Official Plan Amendment be denied. Council resolved to table the
application for a period of eight weeks to allow the applicants
opportunity to address Staff's concerns. On May 8, 1989, Council
reconsidered the application and resolved to APPROVE the Official
Plan Amendment to permit the development of six (6) estate
residential lots. Council resolution ( #C- 344 -89) continued to
state the following:
"THAT the accompanying Rezoning and Subdivision applications
be approved subject to meeting all of the Region of Durham and
Town of Newcastle's requirements ".
2.3 On July 4, 1989, Regional Council approved the subject Official
Plan Amendment application (Amendment No. 227), and further
forwarding the Amendment to Ministry of Municipal Affairs. On
October 20, 1989, Staff received notice of a revised proposed Plan
of Subdivision, proposing six (6) estate residential lots in
conformity with the approved Official Plan Amendment.
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REPORT PD-283 -89 PAGE
3. CONCLUSION
3.1 In consideration of Council's Resolution and the comments contained
within said report, Staff would nave no objection to the approval
of the proposed Plan of Subdivision, subject to the conditions in
Attachment No. 1 annexed hereto.
3.2 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- 87076). 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 facilitate
this zoning change to remove the "Holding (H)" prefix.
Respectfully submitted,
Franklin Wu, M.C.I.P.
DIrector of Planning
and Development
CP *FW *cc
*Attach
30 October 1989
Recommended for presentation
to the Committee
Lawbence /'E!. Kotsef f
Chief Adm * "nistrative
Officer �)
Interested parties to be notified of Council and Committee's decision:
542985 Ontario Limited
c/o Bas VanAndel
429 Lakeshore Drive
P.O. Box 1642
Port Perry, Ontario
LON 1NO
D. G. Biddle & Associates
96 King Street East
Oshawa, Ontario
L1H 1B6
Mr. Sam Gust
138 Queen Street
Bowmanville, Ontario
L1C 1M9
599 OT
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
PLAN IDENTIFICATION
1. That this approval applies to draft Plan of Subdivision 18T 87076,
prepared by D. G. Biddle and Associates Limited, dated September 27,
1989 (and further revised in red as per the attached plan) showing
Lots 1 to 6 inclusive for single family detached dwellings.
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 retain a qualified consultant to prepare and
submit a Tree Preservation Plan to the Director of Planning and
Development for review and approval.
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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. 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.
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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599 09
- 3 ®
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D)
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 Region
of Durham.
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. 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.
17. That the developer will bear the costs 100% of any works on Old
Scugog Road which are necessitated as a result of this development.
18. That the developer will be responsible for removing the section of
Old Scugog Road that connects with Highway # 57 and rehabilitate
same.
19. That the developer shall contribute to the costs of reconstructing
the unnamed road which connects Regional Road # 57 and Old Scugog
Road in accordance with Town Policy.
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CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT -D)
20. That the owner shall satisfy any additional conditions of approval
as required by the Central Lake Ontario Conservation Authority, the
Ministry of Natural Resources, the Ministry of the Environment, and
the Regional Health Department to the satisfaction of the requesting
agency and the Town of Newcastle.
599 11
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TO; Patti Barrie, M.C.I.P., Clerk
FROM; Carlo Pellarin, Planner, Development Review Branch
DATE; 27 October 1989
SU BJECT:PURPOSE AND EFFECT: BY -LAW 89-
542985 ONTARIO LIMITED
PART LOT 15, CONCESSION, DARLINGTON
FILE: DEV 87 -88 (X -REF 18T- 87086)
The purpose and effect of By -law 89- is to amend Zoning
By -law 84 -63, as amended of the Town of Newcastle
by changing the zone category of the lands identified by
Schedule "A" hereto from "Agricultural (A)" to "Holding -
Residential Estate Esception ((H) RE -4)" and "Agricultural
(A)" to "Environmental Protection (EP) ".
The subject By -law would permit the development of six (6)
estate residential lots.
Carlo
D99 1�
DN: 87076
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 for the Corporation of the Town of Newcastle.
WHERAS the Council of the Corporation of the Town of Newcastle
recommends to the Region of Durham for approval of draft Plan of
Subdivision 18T- 87076.
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 "1" to By -law 84 -63 as amended, is hereby further
amended by changing the zone designation as shown on Schedule "A"
attached hereto from:
"Agricultural (A)" to "Holding - Residential Estate Exception
((H) RE -4)11;
"Agricultural (A)" to "Environmental Protection (EP)"
2. Schedule "A" attached hereto shall form part of this By -law.
3. This By -law shall come into effect on the date of the passing
hereof, subject to the provisions of Section 24(2) and 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 14
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