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Home My WebLink AboutPD-39-90 TOWN OF N WCASTLE J REPORT File # ',G COURT. :a, P Res. # By-Law # MEUING: General Purpose and Administration Committee DATE: January 22, 1990 REPORT #: PD-39 -90 FILE #: 1�8T 786073 SLBJECT: APPLICATION FOR SUBDIVISION APPROVAL MACOURTICE DEVELOPMENTS INCORPORATED PART LOT 28, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILE: 18T-86073 RECOMMENDATIONS: i it is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 39 -90 be received; I 2 . THAT the Region of Durham be advised that the Town of Newcastle recommends approval of the Draft Plan of Subdivision 18T-86073 dated November 1989, as revised in red, subject to the conditions contained in �Attachment No. l to this Report; and 3 . THAT the Mayor and Clerk be authorized, by By-law, to execute the Subdivision Agreement between the Owner of the proposed Draft Plan of Subdivision 18T-86073 and the Town of Newcastle at such time as Agreement has been finalized to the satisfaction of the Director' of Public Works and Director of Planning and Development; and 4 . THAT the "Holding (H) " symbol be removed by By-law upon execution of a Subdivision Agreement; and 5. THAT a copy of this Report be forwarded to the Region of Durham and the interested parties attached hereto. I . . .2 i I I REPORT NO. : PD- 39 -90 PAGE. . .2 1. BACKGROUND 1. 1 In December of 1986, 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 Tunney Planning, on behalf of Macourtice Developments Incorporated. The subdivision application proposed the creation of one hundred and forty-four ( 144) single family dwelling lots on a 15 . 35 hectare (37 . 92 acres) parcel located in Part Lot 28, Concession) 2, in the former Township of Darlington. The application has since been revised on three separate occasions and the applicant is now proposing the creation of 62 single fam�Ily dwelling lots and 33 semi- detached/link lots for a total of 128 dwelling units. 1.2 The proposal is situated on a 15.35 hectare (37 .92 acre) parcel of land located on the east side of Courtice Road between Nash Road and Highway #2 . 1.3 For the Committee's information the Planning and Development Department noted when the application was originally submitted that it did not conform to Section 6 . 9 . 1 of the Town of Newcastle Official Plan in that a Neighbourhood Development Plan had not been prepared prior to the submission of the proposed Draft Plan of Subdivision. However, as the Committee is aware, a Neighbourhood P an was approved by the General Purpose and Administration Committee in November of 1989 allowing the proposed Draft Plan of Subdivision to be considered. 2. SURROUNDING LAND USES 2 . 1 The subject property is surrounded by relatively vacant land to the north, south and east. ' Courtice Secondary Public School is located to the west of the subject property. . . .3 f� I7 REPORT NO. : PD- 39 -90 PAGE. .3 3. OFFICIAL PLAN CONFORMITY 3 . 1 Within the Durham Regional Official Plan the subject lands are designated "Residential" . The primary use of lands so designated shall be for residential purposes . In view of the foregoing, the application would appear to comply with the Durham Regional Official Plan. 3 .2 Within the Town of Newcastle Official Plan, the subject property is located within the 3C Neighbourhood. The Planning and Development Department has determined, after reviewing the applicable policies of the Official Plan and the Neighbourhood Plan, that residential development within the 3C Neighbourhood can occur at a density of 16 .2 units per gross residential hectare in order to maintain the target population. The proposed Draft Plan of Subdivision has a gross area of developable land of 12 .42 hecltares (30 .68 acres) which equates to a density of 10 .31 units per gross residential hectare which is lower than the neighbourhood average of 16 .2 units per gross residential hectare. Nevertheless, the applicant has retained Block 97 in the proposed Draft Plan of Subdivision for future development and this Block is identified in the Neighbourhood Plan to develop at a medium density. The development of this Block atia medium density would serve to increase the overall gross residential density of the proposed Draft Plan of Subdivision and maintain the target population. Furthermore, the Town of Newcastle Planning and Development Department has determined that approval of the proposed Draft Plan of Subdivision would not prejudice the balance of the developable land in the 3C Neighbourhood. 3 . 3 The Neighbourhood Development Plan for the 3C Neighbourhood i has identified that the majority of the subject property is to be developed at the low ldensity residential development level; the exception being Block 97, which as previously . . .4 W8 i REPORT NO. : PD- 39 -90 PAGE. .4 stated, is identified for Medium Density Residential development. Low Density Residential development is intended to be developed at a maximum of 15 units per net residential hectare. The applicant is proposing to develop 128 units on 6 .404 net residential hectares for a net residential density of 19 . 98 units per net residential hectare. Nevertheless, the Planning and Development Department is of the opinion that the Neighbourhood Development Plan has sufficient flexibility to permit the development to beiconsidered, in consideration of the fact that the target population identified in the Official Plan is being maintained. 4. ZONING BY-LAW CONFORMITY 4 . 1 The Town of Newcastle Comprehensive Zoning By-law 84-63 zones the subject property in part Holding-Urban Residential Type One ( (H)R1) and in part Environmental Protection. As residential uses of the size and magnitude proposed in the current application are permitted in the Urban Residential Type One (R1) zone, an amendment to the Zoning By-law was not required. However, should the applicant be desirous of developing Block 97 in the proposed Draft Plan of Subdivision i as a Medium Density development, as permitted in the Neighbourhood Development Plan, an amendment to the Zoning By- law would be required in order to implement the development. I i 5. DEPARTMENTAL COMMENTS i 5. 1 The application for a proposed Plan of Subdivision was circulated to various agencies by the Durham Regional Planning Department. Subsequently, the Town of Newcastle undertook a limited internal circulation The following provides a summary of comments received to date as a result of the internal circulation. 5.2 The Town of Newcastle Community Services Department has . . .5 519 i I I REPORT NO. : PD- 39 -90 PAGE. .5 reviewed the subject application and has no objection to its approval subject to the provision of certain regulatory provisions . Firstly, that Block 96 be accepted as parkland dedication. Secondly, that the Greenbelt Block, Block 98, be accepted gratuitously. Thirdly, that the proposed plan be red- line revised in order to provide a 3 metre paved and fenced i walkway between Lots 52 and 53 to Block 96 . I 5. 3 The Town of Newcastle Public Works Department has reviewed the subject application and offers no objection to the proposal subject to the provision of several regulatory conditions . Firstly, that the applicant provide a 3 . 05 metre road widening along Nash Road with a . 3 metre reserve and site triangles . Secondly, that the applicant bear the cost ( 100%) of any works on Nash Road which are required to accommodate both vehicular and pedestrian traffic . Thirdly, that the applicant provide a cash contribution for 50% of the cost of the reconstruction of Nash Road to urban standards. Fourthly, that the development of Lots 1 to 16' be deferred until such time as sufficient engineering has ; been performed to ensure the implementation of the detention facility should it be determined that Block 97 is the appropriate site for the required detention facility. , Finally, that all of the Town's standard conditions with respect to Lot Grading, Schedules of Work, Schedules of Inspection, Performance Guarantees, Cost estimates, Easements, Roads (and Services be complied with. I 5.4 The Town of Newcastle Fire Department has reviewed the subject application and notes that the proposed subdivision falls within the recognized response area of Station #4 on Trull's Road in Courtice. Therefore, the Town of Newcstle Fire Department, has no objection to the proposal. I i . . . 6 580 i i i REPORT NO. : PD- 39 -90 PAGE. . .6 i 6. STAFF COMMENTS 6 . 1 As previously noted, the subject application proposes the development of 62 single familly dwellings and 66 semi-detached dwellings through a plan of subdivision. The applicant is proposing to develop the subject property at 10 .31 units per gross residential hectarei which is lower than the neighbourhood average. However, the Planning Department is confident that the balance of the developable land may proceed at the neighbourhood averageland maintain the proposed target population of the 3C Neighbourhood. 6 .2 Additionally, the plan utilizes the service lane concept along Nash Road, as opposed to reverse lot frontages . Developing the subdivision in this manner provides a more attractive design and reduces the need for noise abatement measures. Furthermore, the plan has been designed in such a manner that Street "A" and Street "C" will facilitate the development of the vacant lands to the east. 6 .3 However, as indicated by the Community Services Department, a 3 metre walkway providing access to Block 96 is desireable. The applicant proposed a walkway, providing access to Block 98, between Lots 62 and 63 . The Planning and Development Department considers a walkway between Lots 52 and 53 as more appropriate since it would provide access to both the park (Block 96) and the greenbeltl (Block 98) . In view of the foregoing the Planning and Development Department recommends that the proposed Draft Plan of Subdivision be red-line revised and relotted in order to provide the 3 . 0 metre access between lots 52 and 53. 6 .4 As requested by Public Works Department, Lots 1-16 will be eliminated and the lands melded with Block 97 to provide for a large storm water retention I facility. Should the applicant . . .7 i REPORT NO. : PD- 39-90 PAGE. . .7 come up with an alternate storm water management solution, at at a later date, these lots could be re-subdivided by a separate application. 7. CONCLUSION j 7 . 1 In consideration of the comments contained within this 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. l annexed hereto. 7 .2 Staff would note, for the Committee's information, that the removal of the Holding (HI) prefix will require Council approval, at such time as the Subdivision Agreement is registered. A rezoning application will not be required in order to finalize the zoning, at such time. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. La rence E. lCotseff, Director of Planning & Development Chief Adm'nhsltrative Officer WM*FW*df LIST OF PERSONS TO BE NOTIFIED OF COMMITTEE AND COUNCIL'S DECISION i Tunney Planning 340 Byron Street, Suite _ Whitby, Ontario. L1N Macourtice Developments 797 Don Mills Road, Suit � � , Don Mills, Ontario. M3C Netty Vogels � The Kose Group 227 Bridgeland Avenue, � _ �� -Ix 7 Toronto, Ontario. M6A i CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION P IDENTIFICATION 1. That this approval applies to Draft Plan of Subdivision 18T- 073, prepared by Tunney Planning, dated November 1989 ( vised) showing 60 single family lots and 19 semi-detached lin ed lots and various locks for reserves, parkland dedi ation, road widening, site triangles, etc. FINAL PLAN , UIREMENTS 2 . That all treets within the Plan of Subdivision shall be dedicated a public highways and shown as such on the final plan. 3. That all stree s shall be nlamed to the satisfaction of the Town of Newcast and shown on the final plan. REQUIREMENTS TO BE SATIS IED PRIOR TO SUBDIVISION AGREEMENT 4 . That the Owner shall etain ! a qualified landscape architect to prepare and submit Landscaping Plan to the Director of Public Works and the Dir for of Planning and Development for review and approval. All lans and drawings must conform to the Town's Design Criteria s amended from time to time. 5. That the Owner shall retain all �ofessional engineer to prepare and submit a Master Drainage nd Lot Grading Plan to the Director of Public Works for re iew and approval. All plans and drawings must conform to the Town's Design Criteria as amended from time to time. 6 . That the Owner shall enter into a Su divisin 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 widenings and reserves as required by the Town shall be granted Ito the Town free and clear of all encumbrances . 1 8. That the Owner shall pay to the Town, at the time ,f execution of the Subdivision Agreement, development charge evies and any other charges in effect at the time of exec tion and further agrees to abide by the Town's payment sch dule as amended from time to time. \ . . .2 J CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION PLAN IDENTIFICATION 1. That this approval applies to Draft Plan of Subdivision 18T- 86073, prepared by Tunney Planning, dated November 1989 (revised) showing 41 single family lots and 35 semi-detached linked lots and various Blocks for reserves, parkland dedication, road widening, site triangles, etc . FINAL PLAN REQUIREMENTS 2 . That all streets within the Plan of Subdivision shall be dedicated as public highways 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. All plans and drawings must conform to the Town's Design Criteria 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 shall enter into a Subdivisin 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 widenings 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, development charge levies 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. . . .2 2 - 9 . That the Owner shall provide and install sidewalks, street lights, temporary turning circles, etc. as per the Town's standards and criteria. 10. That the Owner shall cause all utilities, including hydro, telephone, cable t.v, etc . to be buried underground. 11. That the Owner shall provide the Town, at the time of execution of the subdivision agreement, Letters of Credit acceptable to the Town'sl Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposits as may be required by the Town. 12 . 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. 13 . That a 3.05 metre road widenling along Nash Road be dedicated to the Town along with a .3 metre reserve and site triangles. i 14 . That the applicant bears the , cost ( 100%) of any works on Nash Road which are required (at the discretion of the Director of Public Works) to accommodate' the traffic, both vehicular and pedestrian, generated from this development. 15 . That the applicant provide a%cash contribution for 50% of the cost of reconstruction of Nash Road to urban standards from Courtice Road, easterly toIthe east limit of the Plan of Subdivision. 16 . That Block 96 containing .8 hectares (2 acres) be accepted as park dedication. 17 . That Block 98 (Greenbelt) containing 2 .931 hectares (7 .24 acres) be accepted gratuitously. 18 . That temporary turning circles be constructed at the east limit of Street "A" and the east limit of Street "C" . Adjacent lots may be placed on hold with no building permits issued . . .3 i X84 i 3 until such time as development proceeds beyond the easterly limits of the Plan of Subdivision. 19 . That the Owner shall agree t relot Lots 52 to 62, to the satisfaction of the Director' of Planning and Development, in consideration of the comments received from the Community Services Department. i i I i 6 A Q a '� ii W li 1 a ' 1 •• r < Cg' ! I �----� --1I---1--t--- --------------/ Olt to OL aA Ilk �r- � 'R. 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