HomeMy WebLinkAboutPD-297-89MEETING:
IC
UNFINISHED BUSINESS
TOWN OF NEWCASTLE
VELTRI REPORT File
• Res. #
By -Law # -�
General Purpose and Administration Committee
Monday, November 20, 1989
blkllff #: 'D •'
SUBJECT: PROPOSED PLAN OF SUBDIVISION - FILE: 18T -84035
ZONING BY -LAW AMENDMENT - FILE: DEV 89 -31
APPLICANT: VELTRI AND SONS LIMITED
PART LOT 12, CONCESSION 2, TOWN OF BOWMANVILLE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council -the following:
1. THAT Report PD- 297 -89 be received; and
2. THAT the proposed Plan of Subdivision 18T -84035 as revised dated
August 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 the
"Holding (H) " symbol be removed by by -law upon execution of the
Subdivision Agreement;
5. THAT the Region of Durham Planning Department and those persons
listed in this Report and any delegation be advised of Council's
decision; and
6. THAT the Region of Durham Planning Department be forwarded a copy
of Report PD- -89.
55S
...2
REPORT NO.: PD- -89 PAGE 2
1. APPLICATION DETAILS
1.1 Applicant: Veltri and Son Limited
1.2 Subdivision: 36 semi - detached /link units proposed
1.3 Rezoning: From "Agricultural(A) ", "Urban Residential Type One
(R1)" and "Holding Urban Residential Type Two ((H)R2)"
to an appropriate zone category to implement the
proposed Plan of Subdivision.
1.4 Area: 2.19 hectares (5.4 acres)
2. BACKGROUND
2.1 In October of 1984, the Town of Newcastle Planning and Development
Department was notified by the Region of Durham Planning Department
of an applciation for a proposed twenty -two (22) unit single family
dwelling plan of subdivision. The application was submitted by
Mario Veltri on behalf of Veltri and Son Limited. The application
has since been revised a number of times, allowing for various road
configurations and lot yield.
2.2 In March of 1989, the Town of Newcastle Planning and Development
Department received an applicaiton to amend the Town of Newcastle
Comprehensive Zoning By -law 84 -63, as amended. The application was
submitted by G. M. Sernas and Associates on behalf of Veltri and
Son Limited. The application for zoning by -law amendment would
allow the development of nineteen (19) lots, thirty -six (36)
residential units on the 2.19 ha (5.4 acre) parcel of land.
2.3 The development application related to the subject property have
been held in abeyance since 1985 while the servicing constraints
were being reviewed. The development proposals for adjacent lands
which have been received in recent years now provide the subject
property with the possibility of connecting to municipal services
which are to be constructed to service North Bowmanville.
...3
REPORT NO.: PD-297_ 89 PAGE 3
2.4 Two previous land Severance applications have been granted from
the subject property (LD 167/84 and LD 200/85) . Both lots have
frontage on the existing High Street and have been determined not
to disrupt the proposed road pattern.
3. LOCATION
3.1 The subject lands are located in Part Lot 12, Concession 2, former
Town of Bowmanville. The site is located at the north west corner
of the intersection of High Street and Meadowview Blvd. Should the
proposal be approved the application would allow High Street to
extend to the north and connect with Draft Approved Plan of
Subdivision 18T 82037, as well as extension to the west with Town
approved Plan of Subdivision 18T- 86069.
4. EXISTING AND SURROUNDING USES
4.1 The subject property is currently vacant and has been used for cash
crops in the recent past. The surrounding land uses include:
East: existing low density residential along Meadowview Blvd.
West: Town approved proposed plan of subdivision (18T- 86069) for
low density residential.
South: Lord Elgin Public School and Park as well as existing
residential along High Street.
North: Town approved and Draft approved plans of subdivision (18T-
87087 and 18T -82037 respectively).
5. PUBLIC NOTICE AND SUBMISSIONS
5.1 Pursuant to Council's resolution of
requirements of the Planning Act
acknowledging the application was inste
In addition, Public Notice was mailed
within the prescribed distance.
�JJ
July 26, 1982 and the
the appropriate signage
Llled on the subject lands.
to surrounding landowners
...4
REPORT NO.: PD -297 -89 PAGE 4
5.2 Adjacent land developers had noted concerns with the previous
submission, as it did not allow for a continuous road pattern. The
revision to the proposed plan of subdivision has addressed those
concerns and appears to satisfy road alignment issue.
6. OFFICIAL PLAN POLICIES
6.1 Within the Durham Regional Official Plan the subject property is
designated residential within the Bowmanville Major Urban Area
boundaries. The predominant use of land so designated shall be for
residential purposes. The application would appear to conform.
Within the Town of Newcastle Official Plan ( Bowmanville Major Urban
Area) the subject lands are designated "Low Density Residental"
within the Neighbourhood 12A' as indicated on Schedule 17 -11. Also
within said neighbourhood is a "Public Junior Elementary School"
and "Neighbourhood Park" designation. The park and school
designation reflect the existing Lord Elgin Public School and Park.
6.2 The Newcastle Official Plan policies
Residential" shall not exceed a dens.
residential hectare and shall generally
the residential neighbourhood on local
application proposes a net residential
hectare, which would apprear to comply.
7. AGENCY COMMENTS
state that "Low Density
ity of 30 units per net
locate at the interior of
or collector roads. The
density of 24 units per
7.1 The original subdivision application was circulated by Regional
Planning Staff to various agencies and departments for comment.
The Town of Newcastle Planning Staff, in turn, undertook an
internal circulation to departments within the Town. Upon receipt
of the rezoning application, Town Staff undertook a circulation of
said application. The various revisions to the plan were given
limited circulations by both Regional and Town Staff.
...5
5 56
REPORT PD- 297 -89 PAGE 5
7.2 The following agencies noted no objection or concern to the
proposal as submitted:
- Town of Newcastle Fire Department
- Newcastle Hydro Electric Commission
- Peterborough- Victoria - Northumberland- Newcastle Separate School
Board
- Central Lake Ontario Conservation Authority
- Ministry of Transportation Ontario
7.3 In commenting on the above -noted applications, the Town Public
Works Department note no objection in principle subject to a
number of conditions. The applicant is required to provide a storm
water management report to the satisfaction of the Director of
Public Works; the applicant will be required to acquire sufficient
lands to provide a 20.0 m right -of -way as the extension of High
Street, prior to the development of these lands; the applciant
will be responsible for the reconstruction of High Street from
Meadowview Blvd. to the north limit of the developing lands; the
applciant will bear the costs (100 %) of any works on High Street
and Meadowview Blvd. necessitated as a result of this development;
and the owner shall be responsible for all the Town standard
criteria and requirements.
7.4 The Community Services Department in reviewing the application
noted the proposed thirty six (36) families could be serviced by
the neighbourhood parks to the north and south of the subject
lands. However, as a condition of approval the applicant will be
required to provide five percent (5%) cash -in -lieu of parkland
dedication.
...6
557
REPORT NO.: PD- 297 -89 PAGE 6
7.5 The Northumberland Newcastle Public School Board noted that a
sidewalk will be required on the High Street extension as well as
on the interior streets; the Board has further required fencing
be constructed dividing the school from the proposed subdivision;
and final grading plans be forwarded to the Board prior to final
approval.
7.6 The Regional Public Works Staff noted that there is sanitary sewer
available from High Street and a watermain abuts the High Street
frontage of the site. However, development of this site is
contingent upon the establishment of zone II watermains. In
consideration of the above, the Regional Works Department noted no
objection subject to the construction of the facilities and the
applicant entering into an agreement with the Region for the same.
8 STAFF COMMENTS
8.1 As noted previously a number of revisions have been submitted with
respect to the subject application, the most recent of which would
facilitate the most harmonious development of adjacent lands to the
north and west. The subject application is an infilling situation
when reviewing the existing and Council approved development within
neighbourhood 12A' of the Bowmanville Urban Area.
8.2 The application has not received any negative comments from
neighbouring residents and all of the agency and department
comments were favourable or provided conditions of approval. The
Public School Board comments with regards to sidewalks and fencing
are in compliance with the Town standards as per the Subdivision
Agreement. Regional Works comments are standard for all proposals
which are currently beyond the existing servicing limit. The
applicant will be required to enter into an agreement with the
Region and contribute his share of the costs associated with
extending services to facilitate development.
...7
'558
REPORT NO.: PD-297-89 PAGE 7
9. CONCLUSION
9.1 In consideration of the comments contained within said report,
Staff would have no objection to the approval of the proposed Plan
of Subdivision, subject to the conditions of draft approval, as
contained in Attachment No. 1, annexed hereto.
9.2 Furthermore, Staff would have no objection to the approval of the
proposed 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- 84035). Staff
would note that the removal of the '(H) Holding' symbol will
require Council approval, at such time as the subdivision agreement
is registered. The rezoning to remove the '(H) Holding' prefix
will not require a new zoning by -law amendment application.
Respectfully submitted,
Franklin Wu, M.C.I.P.
DIrector of Planning
and Development
CP *FW *cc
*Attach
9 November 1989
Recommended for presentation
to the Committee
�A
L rence E. Kotseff
Chief Adfiiinistrative
Officer f
Interested parties to be notified of Council and Committee's decision:
Veltri & Son Limited
68 King St. E.
Bowmanville, Ont L1C 3X2
G. M. Sernas & Assoc. Ltd.
185 Brock St. N., Suite 207
Whitby, Ontario L1N 4H3
Christie Alexander
154 High St.,
Bowmanville, Ont. L1C 3C1
Joe Nissan
Newcastle Meadows Inc.
4300 Steels Ave. W., Unit 17
Woodbridge, Ont. L4L 4C2
Hugh Macklin
Linmac Inc.
P.O. Box 1027
Cobourg, Ont. K9A 4W5
DN: VELTR
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
PLAN IDENTIFICATION
1. That this approval applies to draft Plan of Subdivision 18T 84035,
prepared by G. M. Sernas & Assoicates, dated (revised) August, 1989
showing Lots 1 to 19 inclusive for semi - detached or linked dwellings,
and various blocks for reserve, road widening, site triangle etc.
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.
...2
- 2 -
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT
6. 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.
7. That all easements, road widening, and reserves as required by the
Town shall be granted to the Town free and clear of all
encumbrances.
8. 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.
9. 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.
10. That the Owner shall provide and install sidewalks, street lights,
temporary turning circles etc. as per the Town's standards and
criteria.
11. That the Owner shall cause all utilities, including, hydro,
telephone, Cable Tv, etc. to be buried underground.
12. 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
- 3 -
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONY D)
13. 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.
14. That a 1.8 m high wood privacy fence be constructed on the boundary
of the proposed development and the school site.
15. That all the requirements of the Northumberland Newcastle Public
School Board be satisfied financially or otherwise.
16. That the applicant provide a storm water management report to the
satisfaction of the Director of Public Works, the scope of which
shall include a site servicing scheme.
17. That temporary turning circles be provided at the westerly limits of
both east - west streets and that adjacent lots (1, 6, 16 & 17) will
be deemed undevelopable until such time as lands to the west
develop.
18. That the applicant /owner acquire sufficient lands to provide for a
20.0 m right -of -way as the extension of High Street, prior to the
development of these lands (ie. Block B).
19. That the applicant /owner reconstruct High Street from Meadowview
Boulevard to the north limit of the developing lands in accordance
with Town Standards.
20. That the applicant will bear the costs (100 %) of any works on High
Street and Meadowview Boulevard which are necessitated as a result
of this development. (ie: intersection improvements, utility
relocation, ditch grading, sodding, entrance construction, etc.).
This is Schedule "A" to By -law 89- T
passed this —.day of ,1989 A.D.
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PURPOSE AND EFFECT
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 -Urban Residential Type One (H) R1)"
"Urban Residential Type One (R1)" to "Holding -Urban Residential
Type One (H) R1)"
"Holding - Urban Residential Type Two ((H)R2))" to "Holding -Urban
Residential Type One (H) R1)"
The subject By -law would permit the development of eighteen (18)
semi - detached /linked lots.
566
DN: VELTRI
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.
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.
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 -84035
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Town of Newcastle enacts as follows:
1. Schedule "3" to By -law 84 -63 as amended, is hereby further amended
by changing the zone designation from: 1
"Agricultural (A)" to "Holding -Urban Residential Type One (H) R1)"
"Urban Residential Type One (R1)" to "Holding -Urban Residential
Type One (H) R1)"
"Holding - Urban Residential Type Two ((H)R2))" to "Holding -Urban
Residential Type One (H) R1)"
as shown on the 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 1989.
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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
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154 High Street
Bowmanville, Ontario
LlC 3Cl
November 20, 1989
General Purpose and
Administration Committee
Town of Newcastle
Bowmanville, Ontario
Re: Report #PD-297-89
File: 18T-84035
� - A- 07-,r7
I am strongly opposed to the proposed change of Veltri and Sons
Limited subdivision from 22 single family homes to 36 semi-
detached/link units for the following reasons:
1. Section 8.2 of subject report states "that the application has
not received any negative comments from neighbouring
residents".
Neighbouring residents have not received sufficient information
of this proposed change. In fact they have received none. The
present posted sign is extremely misleading as it still refers
to the subdivision as being 22 single family homes, a fact that
has been common knowledge since Veltrils original application
and severance of 154/156 High St. from the original plan.
How can residents offer comments on a situation they do not
even know exists?
2. This is a significant change from the original plan and every
effort should have been made to inform the neighbouring
residents.
This application represents an Increase from 22 single family
homes to 36 semi-detached/link units, a 61% increase in the
number of homes.
It would seem a change of this significance would warrant more
than a limited circulation. (PD-297-89, Sec. 7.1)
3. In Sec. 8.1 of this report the staff comments 11 this change
would facilitate the most harmonious development of adjacent
lands to the north and west".
.../2
- 2 -
North Bowmanville, namely the Meadowview area is currently one
of Bowmanville's most desirable places to live. A fact that
can be confirmed by local realtors. Based on this fact the
original plan of 22 singles family homes would be far more
harmonious and compatible with the existing homes in the area.
It is far more important that the subdivision blend with the
existing homes it abuts rather than those which do not and may
not exist.
4. Prior to the purchase of my home in October of 1985, 1 made
enquiries to determine what the land behind the home was to be
used for in the future. I was shown a copy of a proposed plan
of subdivision which showed my home and my immediate
neighbour's as being the first two homes in a plan of 24 single
family homes. I was told the subdivision could not be fully
developed at that time because of the limited services
available in the north end of Town. I was also informed that
Mr. Veltri was able to sever the first two lots fronting on
High St. because they could use the services already available.
This would leave 22 - 50 ft lots to be developed in
approximately five years when the services became available.
I assure this Committee that had I been informed there was the
slightest chance of the remainder of the homes being semi-
detached/link units, I would not have purchased my home.
In the November 8th edition of the Canadian Statesman Mayor
Hubbard is quoted as saying "that when people are preparing to
buy a home they sould investigate what is planned for the land
abutting their property".
This is not a case where my immediate neighbour and myself
bought homes without researching abutting land development.
This is a case where we were assured that we were purchasing
homes in a subdivision of fully detached homes to be developed
when the services became available, but never the less would
be single family homes similar to our own.
.../3
- 3 -
Although my neighbours home and mine were severed, they were
built on the premise of being the first 2 homes of a
subdivision of 24.
When Mr. Veltri applied for and was subsequently granted
permission to sever the lots and build the two existing homes
both Mr. Veltri and the Municipality committed themselves to
the plan as it existed then. Surely Mr. Veltri and the
Municipality should be held accountable for their actions and
the subdivision should be developed as originally planned.
Otherwise their is no protection for homeowners from the
changing whims of developers and it will not,be safe for
purchasers to buy homes based on a plan of subdivision because
remaining undeveloped subdivision land may be rezoned at any
time to suit the needs of the developer.
Respectfully,
Iain Alexander
r