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HomeMy WebLinkAboutPD-9-90 TOWN OF NEWCASTLE r =' REPORT File # (moo , .: � Res. # By-Law # MEETING: General Purpose and Administration Committee DATE: January 8, 1990 REPORT #: PD- 9 -90 FILE #: 18T-89065 SUBJECT: APPROVAL OF SUBDIVISION APPLICATION 18T-89065 PART LOT 9, CONCESSION 2, FORMER TOWN OF BOWMANVILLE SCHICREDANZ BROTHERS LTD. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 9 -90 be received; 2 . THAT the proposed Plan of Subdivision 18T-89065 revised in red dated June 19, 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 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: Marshall Macklin Monaghan Limited 1.2 Owner: Schickedanz Brothers Limited . . .2 ,) 61 REPORT NO. : PD- 9 -90 PAGE. .2 1.3 Subdivision: Single Family: 2 units Semi-detached Link: 28 units Total: 30 units Open Space Block:Block 17 - 0 . 86 ha 1.4 Area: 2 .47 ha 2. LOCATION 2 . 1 The property in question is located in Part Lot 9, Concession 2, former Town of Bowmanville. The site's western boundary abuts Trudeau Drive south of Concession Street. 3. BACKGROUND 3 . This subdivision application for 30 residential units (2 single family lots and 28 semi-detached/link units) was received by the Town of Newcastle Planning Department on June 29, 1989 . It was submitted by Marshall Macklin Monaghan Limited on behalf of Schickedanz Brothers Limited 4. EXISTING AND SURROUNDING USES 4 . 1 Existing Uses: Vacant 4.2 Surrounding Uses: East: Phase Two of a Draft Approved Residential Subdivision ( 18T-76011) . West: Existing Residential Subdivision South: Phase One and Phase Two of a Draft Approved Residential Subdivision ( 18T- 76011) North: Existing Residential 5. OFFICIAL PLAN POLICIES 5 . 1 The subject property appears to be located within the "Residential" designation of the Durham Region Official Plan. The predominant use of lands so designated are for residential purposes . . . .3 562 REPORT NO. : PD- 9 -90 PAGE. .3 5 .2 According to the Town of Newcastle Official Plan, the applicant's lands appear to be designated "Low Density Residential" and "Hazard Lands" . Section 7 .2 . 1.2 iv) a) of the Official Plan states that Low Density Residential development shall not exceed a density of 30 units per net residential hectare. This proposed subdivision conforms to the density requirement. Section 7 .2 .4.2 iv) c) states that the development of lands designated as "Hazard Lands" are subject to C.L.O.C.A. regulations . The Official Plan also acknowledges that the exact location of Hazard Lands shall be identified in the Comprehensive Zoning By-law 84-63, as amended. Thus, provided that the applicant meets C.L.O.C.A's regulations; and that all residential lots are not located within the "Environmental Protection (EP) " zone, this application may be deemed to comply to the Town of Newcastle Official Plan. 6. ZONING 6 . 1 Schedule 3 of the Town of Newcastle Comprehensive Zoning By- law 84-63 as amended indicates that the subject property is zoned "Urban Residential (R1) " and "Environmental Protection (EP) " . The predominant use of lands zoned "Urban Residential (R1) " is intended for residential purposes . However, residential uses are prohibited in an "Environmental Protection" zone, hence lands so zoned must be rezoned in order to permit residential use. 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 intall',ed on the subject lands. In addition, the appropriate notice was mailed to each . . .4 63 REPORT NO. : PD- 9 -90 PAGE. .4 landowner within the prescribed distance. As of the writing of this report, no written or verbal submissions have been received. 8. COMMENTS FROM AGENCIES 8 . 1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies . The following departments/agencies in providing comments offered no objection to the application as filed: Town of Newcastle Fire Department, Newcastle Hydro Electric Commission, Bell Canada, Ontario Hydro, the Peterborough- Victoria-Northumberland and Newcastle Roman Catholic Separate School Board and the Ministry of the Environment. 8 .2 A number of agencies had no objection to the proposal provided that their concerns/comments are taken into consideration. The Town of Newcastle Community Services Department requested that Block 17 be accepted gratuitously by the Town as Open Space, that a 5 metre paved and fenced pedestrian and service vehicle access be provided from Street A to Block 17, that any lands in Block 17 abutting existing and future residential lots be fenced and that the applicant/owner provide cash-in- lieu of parkland based on 1 ha per 300 dwelling units. The Town of Newcastle Public Works Department provided the following comments: that the storm drainage report conforms to the approved Storm Water Management Report; that a 3 .0 m road widening on Concession Street be dedicated to the Town; that the applicant/owner contributes to the construction costs for Trudeau Drive in accordance with the subdivision agreement for plan 1OM-800; and that the applicant will bear the costs . . .5 564 REPORT NO. : PD- 9 -90 PAGE. .5 ( 100%) of any works on Concession Street and Trudeau Drive; that the applicant/owner provides 50% of the costs for reconstruction of Concession Street for lots 15 and 16 . The Durham Region Works Department asked that engineering drawings for Regional Services and the final plan of subdivision be submitted; that the applicant/owner provide for the extension of any external trunk sanitary sewer and water supply facilities which are required in order to service this proposed subdivision, and that final approval of lots 15 and 16 be withheld until Regional Water and sanitary sewer services are available to these lots. C.L.O.C.A states that Block 17 may have to be altered in order to ensure that all residential lots are located outside the flood plain of the detention pond which may be partially located within this block. In addition the Conservation Authority noted that no grading, filling, construction or alteration to the watercourse shall occur without written approval from the Authority. If the flow of the watercourse is to be changed then a report shall be submitted illustrating the flow routing. The Ministry of Natural Resources has no objection to this application provided that their concerns are dealt with accordingly. The Ministry has requested that proper site specific stormwater management techniques, erosion and sedimentation control measures are employed which will protect the tributaries from water quality degradation. Other conditions that the Ministry requested to be completed are listed in Attachment #1 . . . .6 565 REPORT NO. : PD- 9 -90 PAGE. . 6 8 .3 The Northumberland and Newcastle Board of Education objected to this proposal based on the fact that their present plans cannot accommodate the volume of growth in this area. It was noted that this application would generate approximately 10 students at Vincent Massey Public School. However, they note that they will reconsider this objection when a more comprehensive accommodation study is prepared. The Board of Education also expresses concern as to the safety of students walking to Vincent Massey Public School as there are no sidewalks on the east side of Liberty Street. As Committee is no doubt aware the responsiblity for providing educational facilities rests with the respective School Board and Ministry of Education. Staff would confirm that a site plan agreement was recently approved to permit an expansion to Vincent Massey Public School and that a building permit was issued in November. 9. STAFF COMMENTS 9 . 1 In consideration of the above noted policies, comments, concerns and surrounding land uses, Staff notes that the development of a residential subdivision appears to be appropriate for this particular parcel of land. 9 .2 Staff believes that in the event that some of the lots may encroach onto the flood plain of the detention pond, they can be readjusted in the final survey and that these changes will not compromise the restrictions of the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended. 9 . 3 It should be reiterated that the subject property is zoned "Urban Residential Type One (R1) " and "Environmental Protection (EP) " and that the owner/applicant must obtain a zoning by-law amendment which in effect changes those lands . . .7 566 REPORT NO. : PD- 9 -90 PAGE. . .? zoned "EP" to an appropriate zone which would permit residential development prior to final approval of this subdivision. 9 .4 Planning Staff sympathizes with the Northumberland and Newcastle School Board comments, however, there is an existing sidewalk on the west side of Liberty Street and since Liberty Street is a Regional Road, Staff believe that the School Board should approach the Region in this regard. 10. CONCLUSION Given the above information, Staff recommends draft approval of the proposed subdivision as red-lined revised. Staff note that if the applicant/owner does not obtain an amendment to the Town of Newcastle Comprehensive Zoning By-law 84-63 as amended, implementation of the plan is prevented. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. Lax7rence E. o eff Director of Planning & Development Chief Administrative Officer HM*FW*df LIST OF PERSONS TO BE NOTIFIED OF COMMITTEE AND COUNCIL'S DECISION. Schickedanz Bros . Ltd. Suite 105, 3311 Bayview Avenue, Willowdale, Ontario. M2K 1G4 Marshall Macklin Monaghan Limited 275 Duncan Mill Road, Don Mills, Ontario. M3B 2Y1 5 b7 DN: DRAFT CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION PLAN IDENTIFICATION 1. That this approval applies to draft Plan of Subdivision 18T- 89065, prepared by Marshal Macklin Monaghan, revised and dated June 16, 1989 which is further revised in red as per the attached plan showing two (2) lots for single family detached dwellings, fourteen ( 14) lots inclusive for semi-detached or linked dwellings, Block 17 for Open Space, 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. RE UIREMENTS 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. . . .2 568 PAGE. . . .2 6 . That the owner satisfies the Central Lake Ontario Conservation Authority requirements as follows: a) no lots abutting Block 17 will be prone to flooding under the greater of regional and 100 year storm conditions; and, b) that the requirements of the Soper Creek Tributary Master Drainage Plan pertaining to the site will be carried out to the Authority's satisfaction. 7 . That the owner obtain a Zoning By-law Amendment to permit residential development on lands which are now zoned "Environmental Protection (EP) " . 8. That Block 17 be zoned to prohibit buildings or structures other than those required for flood or erosion control and dedicated to the Town as Open Space. 9 . That prior to final registration of the Plan of Subdivision or any on-site grading, the Ministry of Natural Resources has reviewed and approved reports describing the following: a) Storm Water Management b) the impact of storm water management techniques on water quality and its effects on fish and fish habitat c) how the effects of erosion and sedimentation will be minimized on site during and after construction d) site soil conditions e) site grading plans RE UIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 10 . 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. . . . 3 569 PAGE. . . . 3 11. That all easements, road widening, and reserves as required by the Town shall be granted to the Town free and clear of all encumbrances . 12 . That the Owner shall pay to the Town at the time of execution of the subdivision agreement, cash-in-lieu of parkland dedication for residential development based upon 1 ha per 300 dwelling units . 13. That Block 17 be made available to the Town to be accepted gratuitously as Open Space, and that where Block 17 abuts present and future residential lands, a four (4) foot chain link fence be erected. 14. 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. 15. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Town's standards and criteria. 16 . That the Owner shall cause utilities, including, hydro, telephone, Cable TV, etc . to be buried underground, internally within the subdivision as well on all external streets abutting the subdivision. 17 . 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 . . . .4 570 PAGE. .4 Deposit and other guarantees or deposit as may be required by the Town. 18 . That the Town of Newcastle Public Works Department be satisfied that storm drainage conforms to the approved Storm Water Management Report for this watershed. 19 . That the applicant dedicate a 3.0 metre road widening on Concession Street to the Town of Newcastle, free and clear of any encumbrances . 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 services 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. 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 Owner shall at his expense either connect the affected party to municipal water supply system or provide a 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 interference. 22 . That no grading, filling, construction or alteration to watercourses on the site shall occur without written approval . . .5 ,571 PAGE. .5 from C.L.O.C.A. and that the Owner obtain the Authority's approval of minor and major flow routing for the site. 23 . That the applicant satisfy the Ministry of Natural Resources in respect to the following: a) any proposed alteration to the watercourses require an application under the Lakes and Rivers Improvement Act and the submission of detailed plans . 24 . That the Owner maintains to the satisfaction of Ministry of Natural Resources all stormwater management and erosion and sedimentation control structures during the construction period. 25 . That Bell Canada shall confirm that satisfactory arrangements, financial and otherwise, have been made with Bell Canada for any Bell Canada facilities serving this draft plan of subdivision which are required by the Municipality to be installed underground; a copy of such confirmation shall be forwarded to the Municipality. 26 . The Owner shall agree in the Subdivision Agreement, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required for telecommunication services. 27 . That lots 15 and 16 shall not be developed until such time sanitary sewer and water supply services are available to these lots . 572 DRAFT-PLAN •i"�• �•-�• •--•-� --' PLAN 'AS SUBMITTED OF SUBDIVISION ...•,.. .•.�... 1 OF PART OF LOT 9 CONCESSION 9.i } / • t 30/1f10 31 QLCC�K�•NPL F CG.HANaatt+G 5 PLAN) / TOWN OF.NEWCASTI_E REMNAL••MUNICIPAL•ITY.OF OURA" . ,. cf SOWw1MM -E. OXwr'r< � r . ;= 50:2)OF THD 7— uMM KAtMM AM 1983 Mat so"M•aw RM. KEY PLAN st 444 a«.. w wn.r Mft". •NK4"0OKam*mW@wM wetr-to"ow� /a SOW 111 4140"RAt.• MI 46 a" N*WT".04 ,N•a"M«MD1 ar ap•Nwt WGIN IS 06 OW-AM Salim•a.wus wir. y.i•aau w wRwrl. taw J.=DXM=SZTWM cOt7ClttfolN maa OOICCSpGa 21 tV«a tCHEDULE OF LAND USE isi.T•M.1 � � i !! •� I• ' _ .� •Tf.IIT '"��I 1 a s •M N s�.ls0"&K m smug.omw.414001 :is 1 *'• i""� ( � L.uruu�tw.ola•Ils t•��.� �� - 1— 11 4.•I+.r6xai«,nwesalawal/u�a++ssr.cn w. 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