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HomeMy WebLinkAboutPD-283-89TOWN OF NEWCASTLE F� 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. ...2 C n f 1 r) r° J 7 7 UUJ 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. r n n n e..3 D77 uo 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. ...2 5 11 0 8 IWM 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. ...3 599 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. 5 99 10 ® 4 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 I i p Z J , M r _8 u < u z o J �o 1„ �an3 <.a o =. Z W�Mgmal 11 1 C) I i p Z J , M r _8 u < u z o J �o 1„ �an3 <.a o =. Z C) � Q m co N (Y D M W L O !Z CD z 0 �- CL- z — o a a o W J Q CL z ¢ z ° u. ° F— U) — U d Q — —I n W Z F- t_,_ ¢ z ° " N U z 3 ~ W Z Lr) _ = F L- ° J o ¢ ti LLI of >- U OZ ° w Z CO w cr: ° `` U i-- W -i ctf L • "x, QI — LAL ALL' w i y Y E Cf9j s �. Q 3 6 .F Y �' ✓� ): Y E Icr IL J b U 2 p.�I ca • i S g d u {t} L1 -It(it Y M Y b U) a 3� CL 6d w: k Q 9 is W cr Q_ 5` -9 12 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 This is Schedule "'A"y to 89 passed this—day z of—, 1989 A.D. PRESENTLY ZONED 'EP' ® ZONING CHANGE FROM 'A' TO 'EP' ZONING CHANGE FROM 'A' TO'(H)RE -4' A I l z I I& 1 I I o 0 � 0 � o u) W 4L) z a i o i 0 U i EP w i tr 111111p�y♦��r�(�,I I 1 AW ' A] M3 A �► V�Ij��''�j���l 1 0 a N I w WA I U R521 PRESENTLY ZONED 'EP' ® ZONING CHANGE FROM 'A' TO 'EP' ZONING CHANGE FROM 'A' TO'(H)RE -4' U ; Alo C7 A R 1 ci I � , I 17 16 15 14 13 SUBJECT SITE Former Township of DARLINGTON 9 15 M 0 Z (n O N W z 0 a U d 1.� Mayor :a-V C� A I l z I I& 1 I I o 0 � 0 � o u) W 4L) z a i o i 0 U i EP w i tr I 1 AW M A] M3 A z 1 0 a N I w WA I U U ; Alo C7 A R 1 ci I � , I 17 16 15 14 13 SUBJECT SITE Former Township of DARLINGTON 9 15 M 0 Z (n O N W z 0 a U d 1.� Mayor :a-V C�