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