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HomeMy WebLinkAboutPD-35-89 DN: 25 5O TOWN OF NEWCASTLE u���• .. k' REPORT File # I v• V6, 237- 7 Res. By--Law - --'I MEETING: General Purpose and Administration Committee DATE: Monday, February 6, 1989 REPORT #: PD-35-89 FILE #: 18T-88038 SUBJECT: APPLICATION FOR SUBDIVISION APPROVAL KINGSBERRY PROPERTIES LIMITED PART LOT 31, CONCESSION 2, FORMER TWP. OF DARLINGTON FILE: 18T-88138 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-35-89 be received; and 2. THAT the Region of Durham be advised that the Town of Newcastle recommends approval of the draft plan of subdivision 18T-88038 dated May 27, 1988 as revised in red, subject to the conditions contained in Attachment No. 1 to this Report; and 3. THAT the Mayor and Clerk be authorized, by By-law, to execute the Subdivision Agreement between Kingsberry Properties Ltd. or any subsequent 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 Development; and 4. THAT a copy of this Report be forwarded to the Region of Durham and interested parties attached hereto. . . .2 ' ` REPORT 00. : pD-35-89 PAGE % ------------------------------------------------------------------------------- l. BACKGROUND: 1.1 In June of 1988, the Town of Newcastle Planning and Development Department was advised by the Region of Durham of an application for approval of a Plan of Subdivision submitted by DiogsberrI' Properties Ltd. The subject application proposes the creation of thirty-two (32) semi-detached/link lots and four (4) single-family dwelling lots. 1.2 The proposal is situated on a 3.42 ha (8.4 acre) parcel of land east of Trolls Road. The subject proposal would create the connecting link to finalize Sandringham Drive and provide iufiIIiog to the Coortioe Height South Plan. 1.3 A Public Notice sign providing information of the proposed plan of subdivision was erected on the property at Planning Staff's request. There is on provision for notice within the Planning Act, therefore individual notice to adjacent homeowners was not circulated. 3. GORfK}D0DING [AN} USES: 2.1 The surrounding land uses are primarily single family dwellings to the north, west and south in the Coortice Heights South subdivision, as well as a few existing dwellings on the west side of Trolls Road adjacent to the subject site. The east side of TzoIIo Road is largely vacant land with a few bopoea and a church. 3. OFFICIAL PLAN CONFORMITY: 3.1 Within the Durham Regional Official Plan, the subject Iem3 is designated "Residential". The predominant use of said lam] shall be for housing purposes in accordance with the relevant policies of the official Plan. The proposed PIno of Subdivision would appear to comply. ' B8P08T 00. : pD-35-84 PAGE 3 ------------------------------------------------------------------------------- 3.2 The Town of Newcastle Official Plan (Courtice Major Urban Area) designates the subject property as "Residential". Residential dv*eIIioga are to be the predominant ooee permitted on lands so designated. The Couctice South Neighbourhood Plan provides policy guidelines to further assist in determining the conformity of said application. In order to permit greater flexibility in actual subdivision design and to encourage integration of various housing types, specific residential densities have not been assigned for the various neighbourhoods of the Coortioe South Plao, The Official DIao establishes a maximum of 15 units per net residential hectare for Low Density Residential development; I6-40 units for Medium Density; and a maximum of 80 units for High Density. Based on the above-noted criteria and current urban design standards, most of the Cooctice South Neighbourhood is expected to develop at Medium Density. 3.3 The subject plan of subdivision proposes 19.3 residential units per gross hectare. Therefore, the proposed draft Plan appears to comply with the general intent of the Newcastle Official Plan and the Courtioe South Neighbourhood Plan. 4. AGENCY COMMENTS: 4.1 The application by Kiugoberry Properties Ltd. for a proposed Plan of Subdivision was circulated to a number of agencies by the Durham Regional Planning Staff. The Town of Newcastle in turn, undertook a limited inter-departmental circulation. The following provides a summary of the comments relating to this proposal. 4.2 The Town of Newcastle Public Works Department Staff have no objection to the proposal subject to the following conditions: That Block 39 and all sight triangles be dedicated to the Town; That all the Tmwu`o REPORT 00. : PD-35-89 PAGE 4 _______________________________________________________________________________ standard conditions with regards to roads, services and grading be complied with; and that in accordance with the Subdivision Agreement for Plan 18T-76027 (Coortime Heights South) , the developer of Plan I8T-88038 reimburse the developer of I8T-76027, through the Town of Newcastle for the costs of any storm drainage works and road *wzka (Sandringham: 131.92 metres) which were oversized to facilitate the future development of this proposed 9Iao of Subdivision. 4.3 The town of Newcastle Coomvunit}, Services Department Staff have no objection to the proposal subject to a five percent (5%) cash-in-lieu of parkland dedication. 4.4 Durham Regional Public Works Department Staff have reviewed the proposed plan of subdivision and have no objection. However, it was noted that although [mte 22-36 can be serviced from the existing weteroaio and sanitary sewer on Sandringham Drive, Lots I - 21 will be dependent upon the oouotzontiou and extension of water and aaoitazl, sewer along Yorkville Drive, TzolIo Road, and Inglis Avenue. 4.5 Central Lake Ontario Conservation Authority Staff have reviewed the plan and have noted some concerns but no objection. The ouomero is doe to the western portion of the site being situated within the Regional Storm flVodpIaio of the Robinson Creek. However, Authority Staff have noted that through site grading, elevations will be raised sufficiently to prevent flood inundation to most of the subject site. Nevertheless, satisfactory flood protection will be required for Lots 33, 34 & 35, In addition, the Sandringham Drive extension through this site must also convey a floodwater spill. 4.6 The balance of the circulated agencies which have provided comments namely: Public School Board, Ministry of Natural Resources, Ministry of the Environment, Ontario Hydro, and Newcastle Fire Department provided no objection. The Separate School Board is the only agency yet to comment. ' D8P0BT 00. : PD-35-84 9&QE 5 _______________________________________________________________________________ 4.7 Staff have received letters of concern from two (3) residents on TrulIo Road adjacent to the subject lands. The 000cecoa raised are with regards to the two (2) semi-detached link lots proposed for TcuIIo Road. Neighbouring existing single family dwellings are located on lots of 30 metres (lOO ft.) or greater, as opposed to 20.37m (66.5 ft.) semi lots. Other issues mentioned include compensation for potential well interference including installation and oVmuectiuu to a watecmaiu and sanitary sewer, ensuring drainage does not affect their properties and omootrootioo of a privacy fence. 5. STAFF COMMENTS: 5.1 The proposed Plan 18T-88038 representing 36 lots and 68 potential dwellings as designed, is iufilliog in a portion of the Couctioe South Neighbourhood that is either developed or has Subdivision Agreement. As noted in previous sections of this report, the application conforms to the Durham Regional and Newcastle official Plans and Neighbourhood Plan for Coortine South. The proposal is also consistent with the development of adjacent lands. 5.2 With respect to water supply and sanitary sewer connection to existing dwellings on Trolls Road, Staff note that provisions for these services is the responsibility of the Regional Government. Furthermore, the Bagiuu has policies in place with regards to service connection and levies imposed. Also the Region has policies in plane with regards to well interference and compensation available to affected parties. 5.3 In the event well interference is experienced due to the construction of a new residential development, Regional policies would waive the frontage charges of owners of existing homes where well interference ocoozo in the event the Region decides to provide municipal water supply services to these homeowners. However, the watecmain connection charge and the cost of constructing the water connection between the property line and the dwelling and any required DIundziog alterations are still the responsibility of the homeowner. REPORT 00. : PD-35-99 PAGE 6 ------------------------------------------------------------------------------- 5.4 Staff have reviewed the application in terms of the residents concerns with lots I and 2 conforming to existing development on TruIIo Road. The proposal illustrated these lots to be 20 m (65.5 ft.) semi detached/link lots. Staff concur with the residents that the four (4) dwellings having IO m (32.5 ft.) frontage would not be in keeping with the existing development. Accordingly, Staff recommend Lots I and 3 be developed for two (%) single-family dwelling lots with 20 metres frontage each. 5.5 With respect to ouocecua pertaining to proper drainage, Staff note that any approval considered by the Town of Newcastle would ensure the appropriate drainage of lands, through the review and approval of a Master Lot Grading and Drainage Plan. Staff further note that through the provisions of draft approval and subsequent Subdivision Agreement, the Town of Newcastle requires the developer to provide a privacy fence between the existing development and the proposed submission. 6. RECOMMENDATIONS: 6.1 In consideration of the comments contained within said Report, Staff would have no objection to the approval of the proposed Plan of Subdivision, as redlined revised, and subject to the conditions of draft approval as contained on Attachment 0o. l annexed hereto. Respectfully submitted, Recommended for presentation ' to co o ittee -------------- Franklin Wu, M.C.I.g. Lawrence E. taeff Director of Planning 6 Development Cbiet &dmiui tcative officer CP*FV* 'ip *Attach. January 34^ 1989 CC: y0c. & Mrs. Strand CC: Kiugobercy Properties Ltd. R.R. #6, Group 9' Box S 319 College Street 8OWM&0VILLE, Ontario LIC 3K7 O8B&W&, Ontario LI8 7K8 CC: Mr. 6 Mrs. Koecaoeo R.D. #6v Group 9, Box 2 BOVMANVILLE' Ontario LlC 3K7 ATTACHMENT NO. 1 TO REPORT KINGSBERRY PROPERTIES LTD. PLAN OF SUBDIVISION 18T-88038 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION PLAN IDENTIFICATION 1. That this approval applies to draft Plan of Subdivision 18T-88138, prepared by Donevan and Fleischmann Company Ltd., dated May 27, 1988 and revised in red as per the attached plan, showing Lots 1 and 2 and 33 to 36 inclusive for single family detached dwellings, Lots 3 to 32 inclusive for semi-detached or linked dwellings, and various blocks for reserve, road widening and site traingle. 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 Engineer to prepare and submit a Hydrogeologist Report to the Director of Planning and Development to demonstrate that the proposed development will not adversely impact the existing wells in the surrounding areas. 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. The Owner shall obtain Central Lake Ontario Conservation Authority approval of a phased grading and erosion control plan which indicates area grading, areas of tree preservation and provides on-site containment of sediment. 8. The Owner shall obtain Central Lake Ontario Conservation Authority approval of flood protection measures for Lots 29 to 36 and Block 37. 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. 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 residential development. 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. . . .3 - 3 - CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) 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 developer will bear the costs (101010) of any works on Trulls Road which are necessitated as a result of this development. 15. That the developer contribute to the costs of reconstructing Trulls Road in accordance with Town Policy. 16. That in accordance with the Subdivision Agreement for Plan 18T-760127 (Courtice Heights South) , the developer reimburse the developer of Plan 18T-760127 for the appropriate costs of any storm drainage and road works on Sandringham Drive (131.92 metres) which were oversized to facilitate the future development of external lands. 17. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground. 18. 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. 19. That prior to the issuance of building permits, the Owner shall retain an architect to prepare and submit an Architectural Control Plan to the Director of Planning and Development. The architect shall further certify that the said Plan has achieved the objectives of providing: a variety of housing style; attractive streetscape treatment; harmony of colour, style and exterior materials used, etc. . . .4 - 4 - CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN 8 ` 30. 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 wmteroaiuo 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.I,1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 21. 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 (hmler obaII at his expense, either connect the affected party to municipal water supply system or provide m 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 iuterefezeome. 22. The Owner agrees to carry out or cause to be carried out in accordance with Central Lake Ontario Conservation Authority approval, site grading, construction and sediment control. 23. The Owner agrees to develop Lots 33 to 36 and Block 37 in accordance with site plans approved by Central Lake Ontario Conservation Authority. Site Plans moat specify existing and proposed grades, drainage, sediment control, vegetation and the lowest opening elevation for all buildings and structures. 24. 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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 Kingsberry Properties Limited and the said Corporation dated the day of , 1989, in the form attached hereto as Schedule "X". 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 "X" 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