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HomeMy WebLinkAboutPD-232-92 1'r THE CORPORATION OF tHE TOWN OF NFWCASTLL- DN: 18T89053 .GPA REPORT Meeting General Purpose and Administration Committee File # ,N, Date Monday, November 16, 1992 Res It Report 4 PD-232-92 File# 18T89053 (X-REF: DEV 90-070) By-l-aw It Subject REVISION TO TOWN APPROVED PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT APPLICATION D.G. BIDDLE ON BEHALF OF KIDDICORP INVESTMENTS LIMITED PART LOTS 33 & 34, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILE: 18T-89053 Recommendations, It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-232-92 be received; 2 . THAT the proposed Revisions to Plan of Subdivision 18T-89053 submitted by D. G. Biddle and Associates Ltd, on behalf of Kiddicorp Investments Ltd. dated January, 1992 , be APPROVED subject to the conditions contained in Attachment No. 1; 3 . THAT the Mayor and Clerk be authorized, 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-law upon execution of a subdivision agreement; 5. THAT the Region of Durham Planning Department be advised of the decision of Council and that a copy of the report be forwarded to the Regional Planning Department; 6. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1. 1 Applicant: Kiddicorp Investments Limited 1. 2 Agent: D. G. Biddle & Associates 2 513 -p- REPORT NO. PD-232-92 PAGE 2 1. 3 Rezoning Application: from "Holding - Urban Residential Type One ( (H)R1) " to "Environmental Protection (EP) " for Block 47 for storm water management facility and "Environmental Protection (EP) 11 to "Holding - Urban Residential Type One ( (H)R1) " for Lots 3 - 15 and Lot 17. 1. 4 Subdivision Application: Proposing to permit the development of 45, 15. 0 metre minimum frontage single detached dwelling units. . . . . 2 1. 5 Area: 5.78 hectares (14 .28 acres) 2 . LOCATION 2 . 1 Legal Description: Part Lots 33 & 34, Concession 2 , former Township of Darlington, (Courtice Major Urban Area) 2 . 2 Relative Location: The lands subject to development consist of an irregular shaped parcel west of Prestonvale Road, north of Glenabbey Drive, east of the Farewell Creek and south of Old Kingston Road. The lands are located between two existing subdivisions and would provide the connecting link for Robert Adams Drive. 3 . BACKGROUND 3 . 1 In May of 1989, the Town of Newcastle Planning and Development Department was notified by the Region of Durham Planning Department of an application for a proposed plan of subdivision submitted by D. G. Biddle and Associates on behalf of Kiddicorp Investments Limited. The initial proposal was for 46 single detached dwellings and various blocks. Some . . . . 3 ' X14 REPORT NO. PD-232-92 PAGE 3 revisions to the application were made during the circulation process and in June of 1990 Council recommended approval of the application to the Region of Durham for 45 single family dwelling units. 3 . 2 Subsequent to Town Approval of the proposed plan of subdivision and prior to issuance of Draft Approval by the Region, the Ministry of Natural Resources required the application be revised to accommodate a block for a storm water detention facility. As a result of this requirement, a revised subdivision plan was submitted and recirculated in March of 1992 . The revision alters the configuration of some of the lots, however the road pattern and number of lots (45) has remained unchanged. 3 . 3 Due to the revision, an application has been submitted to rezone portions of lots 3-15 and 17, and Block 47 . 4. PUBLIC MEETING AND RESPONSE 4. 1 Pursuant to Council's resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate signage acknowledging the rezoning application was installed on the subject lands. In addition the appropriate notice was mailed to each landowner and tenant within the 120 metre prescribed distance. The required public meeting for the rezoning application was held October 1, 1990. Evylin Stroud addressed Committee, advising of her opposition to the rezoning of environmentally protected lands for the proposed development. As well Michael Lebovic of Norcliffe Homes Limited had advised staff he wished to speak to Committee to express his opposition to the proposal, however he never appeared at the meeting. In addition, one telephone inquiry was received regarding the application. . . .4 ' 575 REPORT NO. PD-232-92 PAGE 4 5. OFFICIAL PLAN POLICIES 5. 1 1976 Durham Region Official Plan Within the Durham Region Official Plan, the subject lands are designated "Residential" with indications of "Environmentally Sensitive Areas" . Within the residential designation the predominant use of lands shall be for housing purposes. The environmentally sensitive area indication refers to those natural features, landscapes and or waters which could be essential to conservation. The extent and exact location of such areas shall be determined at the time of development application. 5. 2 1991 Durham Regional Official Plan Within the 1991 Region of Durham Council approved Official Plan, the subject lands are designated as "Living Area" with indications of "Environmentally Sensitive Areas". The residential and environmental policies contained in this plan are similar in nature to those contained in the 1976 Official Plan. 5. 3 Town of Newcastle Official Plan Similarly, within the Town of Newcastle Official Plan (Courtice Major Urban Area) , the subject lands are designated "Residential" with an indication of "Hazard Lands" within Neighbourhood 112A" of the 'Courtice Urban Area' . Hazard lands shall be primarily for the preservation of and conservation of the natural land an/or environment and managed in such a fashion as to complement adjacent land uses and protect such uses from any physical hazard and their effects% The extent and exact location of such Hazard Lands shall be determined through Neighbourhood Development Plans and identified in the Comprehensive Zoning By-law in consultation with the Central Lake Ontario Conservation Authority. . . . 5 526 REPORT NO. PD-232-92 PAGE 5 Through the processing of the zoning by-law amendment application, it has been determined that the Hazard Land designation only applies to those lands located below the top-of-bank and beyond the rear lot lines of the lots of proposed plan 18T-89053 . Therefore, the lands proposed for residential development and rezoning to 11 (H)R1" are not considered to be Hazard Lands. The application conforms to the residential policies. 5. 4 Within the Courtice South Neighbourhood Plan the area subject to rezoning appears to be designated "Residential" and "Minor Open Space". Minor Open Space areas are intended to preserve wherever possible natural environments having local significance. The exact location of Minor Open Space areas shall be defined through specific development proposals and implementing restricted area (zoning) by-laws and development of said lands shall be subject to the regulation of the Central Lake Ontario Conservation Authority. As noted above, the Minor Open Space areas are below the top of bank and are not proposed for development. The application would appear to conform to the residential policies. 6. COMMENTS FROM AGENCIES 6. 1 In accordance with departmental procedures, the rezoning application and the revised subdivision proposal were circulated to obtain comments from other departments and agencies. The following agencies advised they have no objection to approval of the application as filed: • Town of Newcastle Fire Department • Separate School Board • Public School Board • Regional Works Department 6. 2 Staff notes that the Town of Newcastle Community Services Department requested that the 5% park land dedication be . . . 6 527 REPORT NO. PD-232-92 PAGE 6 accepted as cash-in-lieu, the proposed walk way being fenced and paved and that Open Space Block 48 be accepted gratuitously. 6. 3 The Town of Newcastle Public Works Department have reviewed the application and provide no objection in principal subject to conditions. In addition to the standard conditions of approval, it was requested that a satisfactory lot grading plan be submitted and that the storm drainage for this plan of subdivision be in accordance with the Courtice Heights South Master Drainage Plan. The Public Works Department also asked that any easements or 0. 3 metre reserves required by the Town be granted free and clear of any encumbrances. 6.4 The Region of Durham Planning Department has advised that the subject lands are designated "Residential" and "Environmentally Sensitive Area" . The Region of Durham has no objection to the application as the proposal does not appear to extend beyond the tablelands into the Farewell Creek Valley. Comments advised that the 1976 Regional Plan contains policies to retain environmentally sensitive lands in a natural state and that development may be permitted in accordance with Section 1. 3 .9 of the Plan to the extent that it is compatible with the environmental conditions or acceptable mitigative measures can be undertaken to protect the area. Regional Staff are satisfied that Section 1. 3 .9 is satisfied inasmuch as all residential development occurs on the tablelands and outside of the environmentally sensitive lands of Farewell Creek. The Region also noted that the provision of Regional services will be satisfied through the conditions of draft approval for the plan of subdivision. ) �j . . . .7 REPORT NO. PD-232-92 PAGE 7 6. 5 The Central Lake Ontario Conservation Authority Staff have reviewed the revised application for subdivision approval and find it acceptable subject to conditions. The proponent must obtain the Authority's approval with regard to site grading plans, erosion control plans and an engineering report which details the specifications for the proposed fill areas of lots 11 and 12 to ensure slope stability for the site prior to the commencement of development activity. Lastly, the Authority requested that Block 48 be zoned appropriately to prohibit the erection of buildings or structures other than those required for flood and erosion control and that the Authority's conditions be included in the subdivision agreement. The Conservation Authority also noted that the proposed development abuts a relatively steep valley of a tributary of Farewell Creek. The sensitive aspects of the site relate to the valley lands only. The lot boundaries of revised plan 18T- 89053 have been restricted to the tableland area above the top-of-bank. Hence, the proposed lots are outside of the area of environmental sensitivity. 6. 6 The Ministry of Natural Resources staff have reviewed the revised application and commented that their previous comments still apply and that the Ministry has reviewed and found acceptable a preliminary storm water management, drainage and erosion control report for the development. The Ministry also commented that prior to final registration of the plan and any on-site grading or construction, several conditions of approval with regard to storm water management techniques and erosion and sedimentation control methods, site soil conditions and site grading plans. The Ministry also requested that it be included as an agency to be satisfied within the subdivision agreement between the Town of Newcastle and the applicant. . . . .8 � � 9 REPORT NO. PD-232-92 PAGE 8 5. STAFF COMMENTS Staff have reviewed the rezoning application and revised proposed Plan of Subdivision 18T-89053 , consisting of 45 single detached dwellings. The proposal has not changed significantly from what Council approved in June of 1990. The application was revised to accommodate Ministry of Natural Resources requirements for water quality control. This aspect of the proposal has been reviewed by all the agencies having concern for storm water management issues and there have been no objections raised. Staff also notes that the related zoning by-law amendment to rezone land zoned from "Environmental Protection (EP) " to "Holding-Urban Residential Type One (H-R1) " in lots 1-15 and 17 to implement this plan of subdivision has been dealt with through C.L.O.C.A. 's review of the application. The Conservation Authority is satisfied that area of the proposed development is above the top-of-bank and outside the area of environmental sensitivity. Staff have reviewed that application for conformity to the density requirements contained in the Town's Official Plan policies for the Courtice Urban Area and note that the proposal conforms to these policies. 6. CONCLUSION 6. 1 In consideration of the comments received from the circulated agencies as well as comments from Planning Staff, it is recommended that the proposed plan of subdivision, as revised, be APPROVED subject to the conditions contained in Attachment No. 1, attached hereto, and that the application for zoning by-law amendment be APPROVED and that the "Holding (H) " symbol be removed at such time the applicant has entered into an agreement for the development of the plan of subdivision. . . . .9 0 REPORT NO. PD-232-92 PAGE 9 Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I.P. Lawrence E. Kotseff Director of Planning Chief Administrative and Development Officer DM*CP*FW*cc *Attach 6 November 1992 Attachment No. 1- Conditions of Approval Attachment No. 2- Revised plan of subdivision and changes to red- line revised plan of subdivision approved by Town Council on June 11, 1990 Interested parties to be notified of Council and Committee's decision: D.G. Biddle & Associates KIddicorp Investments Att: Mr. Bill Creamer Att: Mr. Andy Kemperle 96 King Street East 1748 Baseline Road West OSHAWA, Ontario L1H 1B6 COURTICE, Ontario L1E 2T1 Norcliffe Homes Eric McKinnon Att: Mr. Michael Lebovic 48 Robert Adams Drive 15 Wertheim Court, Suite 607 COURTICE, Ontario L1E 1V1 RICHMOND HILL, Ontario L4B 3H7 531 ATTACHMENT NO. 1 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION PLAN IDENTIFICATION 1. That this approval applies to draft Plan of Subdivision 18T-89053 prepared by D. G. Biddle and Associated Ltd. dated (revised) January, 1992 showing Lots 1 to 45 inclusive for single family detached dwellings, Block 46 for a walkway, Block 47 for Open Space, and various blocks for reserve and future development. 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 pi epare 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 Ownei shall retain a qualified consultant to prepare and submit a Tree Preservation plan to the Director of Planning and Development for review and approval. 7. That an amendment to By-law 84-63 in the form attached comes into force. 8. 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. 9. That all easements, road widening, and reserves as required by the Town shall be granted to the Town free and clear of all encumbrances. 10. That the Owner shall pay to the Town at the time of execution of the subdivision agreement, five percent (5%) cash-in-lieu of parkland dedication 11. That the Owner shall pay to the Town, the development charge in accordance to the Development Charge By-law as amended from time to time as well as any i equired portion of a front-ending payment in accordance with the Development Charges Act. 12. That the Owner shall provide and install sidewalks, street lights, temporary turning circles and any other requirements in accordance with the Town's standards and criteria. 13. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground. 2 - 2 - CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONTU 14. That the Owner shall provide the Town, at the time of execution of the subdivision agreement unconditional and irrevocable, 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. 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 interference. 17. That block 46, 47 and 48 be transferred to the Town for a nominal consideration and that block 46 (walkway) be paved and fenced to the satisfaction of the Director of Community Services. 18. That the storm water drainage for this plan be in accordance with the Courtice Heights South Master Drainage Plan and that the storm drainage works necessary for this plan be constructed to the approval of the Director of Public Works. 19. That the owner/developer satisfy the requirements of the Ministry of Natural Resources financial or otherwise. 20. That the owner developer satisfy the requirements of the Central Lake Ontario Conservation Authority financial or otherwise. Attachment #2 !3 r' BLK.�47 I 5 / � `' l� \`� to �3 � BYO 2/ OQ 'QT / 4 Q AN 04, 0 Red-Lined Revised Plan IBT--89053 L Approved by Town Council,June 11/90 rW Revised Plan 18T-89053,January/92 t/U4HOCC4 1 104 ( 125 151 IIII 71 ——— f 72 11I `_l a IIII Q1 i ---- 1/3 //1 I 123 I 156 3 II 157 120 112 121 l SB L------ — --- \\ //// _iii �•�� �--._ IF \\\� 45 E+tic ""+od// u ru ——— rtclCrt*I i ��/ 3\ / / 431 I �/�� � a �I7 18 / 38.8"• �• '``! `,�° /40 / / — — as rK \\14 ) —><9� 25 \ r\ �� blr I I � \ i BLK 5� I BLOCK ^�'" �y 'e• 's nu °gC 48 SYXPICAN _ BLOCK 291 187.87031 i l � LoT/aa A BUR LA IE L 33 18T-89053 534 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 92- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Town of Newcastle . 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. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the town of Newcastle enacts as follows: 1. Schedule 114" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Environmental Protection (EP) " to "Holding-Urban Residential Type One ( (H)R1) "; and "Holding Urban Residential Type One ( (H)R1) to "Environmental Protection (EP) " as shown on 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 the passing hereof, subject to the provisions of Section 34 of the Planning Act. By-law read a first time this day of November 1992. By-law read a second time this day of November 1992. By-law read a third time and finally passed this day of November 1992. MAYOR CLERK 535 LG 79 This is Schedule A to By-lave 92- , passed this day of , 1992A.D. LOT 34 LOT 33 fn fsr _ I's ;�fe c0 Rr `I 12r y ln Lam_ ` , us ffs fn f°ffs '21 I fsr zl 11 1 N 8S / O AI h i/ /�y Z .. UO d/ \ LO Z4 110111 LA lE \ \ ?0 \ \ LOT 3} /^\ I 0 ZONING CHANGE FROM 'EP' TO' (H)RI ' ® ZONING CHANGE FROM'(H)RI' TO ' EP ' Mayor ZONING TO REMAIN' EP ' 0 25 50 loom [� ZONING TO REMAIN'(H)RI ' 50403020100 ZONING TO REMAIN' R 1 ' Cterk LOT 35 LOT 34 LOT 33 LOT 32 R\ R1 RI R2-2 , $ 1 'RII R1 R,1 (H)Rb o R3 S R2 EP R 5 N of W E P R (R,' Z O , ? RI ( 0 R 1 a I R1 W z' a ° W 3 0 sxTM (H)Ri z O GLEN 8 U j w a C2-i C` I II R1 - A A U ER HE$ SLOOR STREET 36 (H)RI I 0 50 100 200 300m COURTICE BOOR STREET I IS��,eT1 5om0