HomeMy WebLinkAboutPD-35-89 DN: 25
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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
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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.
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B8P08T 00. : pD-35-84 PAGE 3
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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
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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
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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. That the developer be responsible (at his cost) for the erection of a
1.8 metre high privacy fence between the existing dvmeIIiuga on TzuIIs
Road and the proposed development. The material, color and design of
the said fence shall be included in the landscaping plan required under
condition 4.
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DN: B/L
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 89-
being a By-law to authorize the entering into of a Agreement between
Kingsberry Properties Limited and the Corporation of the Town of Newcastle.
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