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TOWN OF NEWCASTLE
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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
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