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HomeMy WebLinkAboutPD-13-90 k' TOWN OF NEWCASTLE �ti� �•f/'l�J KASSINGER REPORT File # Res. # ��: �• By-Law # METING: General Purpose and Administration Committee DATE: Monday, January 8, 1990 REPORT #: PD- 13 -90 FILE #: 18T 88094 SLB.ECT: SUBDIVISION APPLICATION - 18T 88094 PART LOT 32, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON H. KASSINGER CONSTRUCTION LTD. (X-REF. : DEV. 88-135, OPA 88-111/N) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 13 -90 be received; and 2 . THAT the proposed Plan of Subdivision 18T 88094 revised and dated July 27, 1988, 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 a copy of this Report and Council's decision be forwarded to the Region of Durham Planning Department; and 5 . THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1. 1 Applicant: D. G. Biddle and Associates Limited 1 .2 Owner: H. Kassinger Construction Limited 1.3 Subdivision: 24 Single Family Dwelling Lots Total: 24 units 1.4 Area: 1.227 ha . . .2 599 41 REPORT NO. : PD- 13 -89 PAGE 2 2 . LOCATION 2 . 1 The property in question is situated within Part Lot 32, Concession 3, former Township of Darlington. Its southern boundary abuts Devondale Street, just west of Firwood Ave. More specifically these lands are located within an existing Plan of Subdivision having been identified as Block 119 on Registered Plan 10M 809, being Phase 1 of Highland Gardens developed by Kassinger Construction. Phase 11 of this same subdivision has been registered and development of this proposed Subdivision will be the Third Phase. 3. BACKGROUND 3 . 1 On December 7, 1988, The Planning and Development Department was notified by the Durham Region Department of Planning that an application for a Plan of Subdivision on the subject lands had been submitted. Prior to this date applications to amend the Town of Newcastle Official Plan and Comprehensive Zoning By-law 84-63 had been submitted. 3 .2 On August 1, 1989, OPA No. 27 to the Town of Newcastle Official Plan received Ministerial Approval. The purpose of this amendment was to delete the "Elementary School" land use symbol which was assigned to a vacant school site block within Courtice North Neighbourhood 3A. 3. 3 On April 17, 1989 Town of Newcastle Council passed Zoning By-law No. 89-56 which changed the subject lands from "Urban Residential Type One (Rl) " to "Holding - Urban Residential Type Two ( (H) R2) . This amendment permits the development of twenty four (24) single family dwellings . 599 42 . . . 3 REPORT NO. : PD- 13 -90 PAGE 3 4 . EXISTING AND SURROUNDING USES 4 . 1 Existing Uses: Vacant 4 .2 Surrounding Uses: East: Residential Subdivision West: Residential Subdivision South: Residential Subdivision North: Residential Subdivision 5 . OFFICIAL PLAN POLICIES 5 . 1 Schedule A5 of the Durham Region Official Plan indicates that the subject property is designated "Residential" . Hence, this proposal complies to the Regional Official Plan. 5 .2 Amendment No. 27 to the Town of Newcstle Official Plan, as approved on August 1, 1989 deleted the "Elementary School" land use symbol and redesignated the subject property to "Residential" . The proposed subdivision conforms to the Town Official Plan. 6 . ZONING POLICIES 6 . 1 On April 17, 1989, the Town of Newcastle Council passed By-law 89- 56 which in effect permitted a twenty-four (24) unit residential subdivision to be located on the subject property. 7 . PUBLIC NOTICE AND SUBMISSIONS 7 . 1 Pursuant to Council's resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. In addition the appropriate notice was mailed to each landowner within the prescribed distance. 7 .2 As of the writing of this report, no written submissions have been received. . . .4 599 43 REPORT NO. : PD- 13 -90 PAGE 4 7 . 3 No one spoke in opposition to, or support of, these Zoning or Official Plan Amendment at the Public Meeting held on April 3, 1989 . 8. AGENCY COMMENTS 8.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following department/agencies in providing comments, offered no objection to the application as filed: Peterborough-Victoria-Northumberland and Newcastle Roman Catholic Separate School Board; Ministry of the Environment; and Ontario Hydro 8.2 A number of agencies have no objection to the proposal provided that their concerns/comments are taken into consideration. The Town of Newcastle Community Services Department requested that a 3 m ( 10 ft. ) wide fenced and paved walkway in the area of lots 9 to 11 and/or Block 23 be provided, and that any private property including Block 23 abutting the adjacent park be appropriately fenced. This Department also stated that the 5% land dedication requirement shall be accepted as cash-in-lieu with the funds being credited to the Parks Reserve Account. 8.3 Comments from the Town of Newcastle Public Works Department included that the 0. 3 m reserve and sight triangles be dedicated to the Town, and that the developer satisfy the Public Works Department, financial and otherwise. 8 .4 The Durham Works Department has requested that arrangements be made within the context of the subdivision agreement in regard to the provision of roads and other regional services . . . .5 599 44 REPORT NO. : PD- 13 -90 PAGE 5 8.5 Central Lake Ontario Conservation Authority is confident that this development can be accommodated within the existing storm water detention facility without design changes . However, they have some concerns regarding on-site erosion and the conveyance of sediment and potential impacts on the adjacent park block. Hence, the Conservation Authority has requested that the owner obtains approval for a site grading and erosion control plan prior to any on-site grading. 8.6 The Ministry of Natural Resources stated that new stormwater management plans which address whether the proposed detention pond from Plan of Subdivision 18T 86075 will be adequate, shall be submitted. Other conditions that the Ministry wishes the applicant to comply with are noted in attachment # 1 to this report. 8.7 The Town of Newcastle Fire Department was concerned about the increase in population that this proposal would create. The Fire Department also requested that no building permits be issued until access routes are in compliance with Section 3 .2 .5.2(b) of the Ontario Building Code and that adequate water for firefighting purposes is in place. 9 . STAFF COMMENTS 9 . 1 Within the Courtice Urban Area the overall density shall be considered "Low Density Residential" and shall not exceed a density of 15 units per net residential ha. Staff notes that this proposal will not bring the density of the Highland Gardens Subdivision to a level above 15 units per net residential ha. 9 .2 In consideration of the above commentsand the fact that both the Official Plan and Zoning By-law were amended to facilitate the proposed subdivision, Staff is of the opinion that the development of a residential subdivision appears to be appropriate for this particular parcel of land. . . . 6 599 45 REPORT NO. : PD- 13 -90 PAGE 6 Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I.P. rence E. o eff DIrector of Planning Chief Administrative and Development Officer HM*FW*cc *Attach 22 December 1989 Interested parties to be notified of Council and Committee's decision: H. Kassinger Construction Ltd. 500 Mayfair Ave. Oshawa, Ontario L1G 2Y2 D. G. Biddle & Associates Limited 96 King Street East Oshawa, Ontario L1H 1B6 599 46 DN : KASSINGER CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION PLAN IDENTIFICATION 1. That this approval applies to draft Plan of Subdivision 18T-88094, prepared by H. Kassinger Construction Limited, dated (revised) July 27, 1988 (and further revised in red as per the attached plan) showing twenty-two (22) lots for single family detached dwellings, and Block 23 and 24 for reserve. 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. 6. That the Owner submits to the Town of Newcastle Public Works Department, drawings for 18T 86075 which accommodates this Plan of Subdivision (18T 88084) . 7. That the Owner shall obtain Central Lake Ontario Conservation approval for a site grading and erosion control plan which provides for the on-site containment of sediment prior to the commencement of site preparation. . . .2 599 47 -2- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT (CONT-D. 8. That the owner satisfies Ministry of Natural Resources requirements by submitting new stormwater management plan which assesses the adequacy of the detention pond proposed for Plan of Subdivision 18T 86075. This shall include the preparation of lot grading and surface drainage plans which show all surface drainage works, in addition to describing the methods to minimize or eliminate on-site erosion and the direct discharge of stormwater flow into Farewell Creek, both during and after construction. 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. il. That the Owner shall carry-out or cause to be carried out, in accordance with Central Lake Ontario Conservation Authority approval, site grading and sediment control. 12. That the Owner agrees to implement the drainage and erosion control plans as required by the Ministry of Natural Resources. 13. That a 3 m (10 ft. ) wide fenced and paved walkway as shown on the red-lined revised Plan of Subdivision be provided. 14. That all private property, including Block 23, abutting Block 120 on Registered Plan 10M 809 be appropriately fenced. 15. 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 for residential development. 16. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Town's standards and criteria. . . . .3 599 48 -3- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) 17. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground, internally within the subdivision as well on all external streets abutting this subdivision. 18. 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. 19. 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. 20. 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 Owncr 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. 599 49 ORA�T F�L AN oF" SuF3oiviSioN PLAN AS SUBMITTED T-f T-11 A—VO TOWN CAE /VEWC,gSTLE %- i Qa KE`/ FaLAN BLOCK /� «GJ � y .RF�� ^K G•-,�•'-T.oL.L�N �' A'.�lN/-iaCJ'G-IFS � . .c>QC�T/C�•�r^� /N.�I`��4TiCrI�J � �O RE-Qt--//REL7 c.rv�Y�E'2 S�7'7C�/ --O=> i�0�-6^cr EX/S77nrC-'.E��G7ENTX•oL-. o .EE-C�/d�/a.L.P%PEO k/ATER 68.00 � 1 Li .Gr2ELa of•G'74�]E7- PG_t_u/= /.227 h= Al SL./RVE�-O'2�S CE.�TiFiC-,o,TE , ' 1 P � ` TLS/ pwn/ERS CER'-T/.�i�CO,TVE _ 1 � - �c'f�5/N�"ER C�7y�/ST'RG.,C77OVl/L/M/TEO L/G 21�T T E._ 726-75f33 5 �.c suBO�viSioN PLAN AS RED-LINED REVISED LLU TOWN O.� NEWC,�STLE � ' oc..�+s sr.own/ o.v c+4r q 4 q 498 9.7 a.s ID ' •a wEST:I�x..w¢r�v,�/n`+'S EAST/ B3co --- 1 4 q g 7 6 5 /.227 =-L• •-+--C= 2°� i 2a-:LoT RE.,SF_/2vE BLS.X-�GS y, � � ____. � . SuF2vEVC�¢S cE,e-�-iF/C,nTE ..E.2E�. CER7-iFY pr O�JNE_RS CERT/�/CATE I i +vE .•-.L17-7-.C3�I=E Ct7.4_T0. Ae L/M/TEO TEL.726- 4=-a 599' 51