HomeMy WebLinkAboutPD-95-91 THE CORPORATION OF THE TOWN OF NEWCASTLE
DN: 18T89115 .GPA
REPORT
Meeting: General Purpose and Administration Committee File# iTl Y- 1 ,6-
Date, Monday, April 22, 1991 Res, #
PD-95-91 DEV 18T-89115 By-Law#
Report#: File#:
Subject: SUBDIVISION APPLICATION - 290572 ONTARIO LIMITED
PART LOT 35, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON
FILE: 18T-89115
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-95 -91 be received;
2 . THAT the Proposed Plan of Subdivision, 18T-89115 revised and dated
April 1991, submitted by D. G. Biddle and Associates on behalf of
290572 Ontario Limited, as per Attachment No. 1, be APPROVED
subject to 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: 290572 Ontario Ltd.
1. 2 Subdivision Application: to permit the development of 38 single
family dwelling units .
1. 3 Land Area: 4 . 945 Ha ( 12 . 21 Acre)
2. LOCATION
2 . 1 The subject property is located in Part Lot 35, Concession 3,
former Township of Darlington. The lands subject to development
consist of an irregular shaped parcel which is traversed on the
south east boundary of the property by the Harmony Creek. The
lands are generally located one lot depth south of Lawson Road, and
2
REPORT NO. PD-95-91 PAGE 2
one lot depth east of Townline Road. Access to the site is limited
to a 20. 0 metre frontage on Townline Road.
3. BACKGROUND
3 . 1 The subject application for proposed Draft Plan of Subdivision was
circulated to the Town in January of 1990 as part of Regional
Planning Staff's circulation process. Town Planning Staff have in
turned undertaken a circulation of the proposal to departments
within the Town.
3 .2 The application as submitted proposes to develop the subject lands
with 38 single family dwelling units having a minimum of 13. 0 metre
frontage. The proposal has an 'Open Space' block of land
consisting of 1.5 Ha. which relates to the Harmony Creek and
associated valley lands, as well the applicant has proposed a 3.0
metre walkway to access the valley lands . The application proposes
direct access to Townline Road as well as the potential for future
development to the north of the site.
4 EXISTING AND SURROUNDING USES
4 . 1 The existing site is predominantly covered with scrub vegetation
and a few mature trees on the table lands, while the lands
associated with the Harmony Creek valley have a significant number
of mature trees .
4 . 2 Surrounding land uses are as follows:
South: existing strip residential fronting on Townline Road
North, the Harmony Creek and rear yards of existing
residential lots fronting on Varcoe Road;
East: the Harmony Creek and associated valley lands, Varcoe
Road and vacant land subject to development applications.
North: limited existing residential fronting on Lawson Road and
Townline Road and a place of worship north of Lawson Road
on Townline Road;
West: existing residential fronting on Townline Road as well
as existing residential backing onto Townline Road on the
Oshawa side. , , , , 3
REPORT NO. PD-95-91 PAGE 3
5 OFFICIAL PLAN POLICIES
5 . 1 Within the Durham Regional Official Plan the subject property is
designated Residential and Major Open Space with Hazard Lands. The
residential designation permits a variety of housing type, style
and tenure. The goals of the major open space policies is to
preserve and protect the unique attributes of the Region's
landscape including the valleylands . The Hazard Land policies are
primarily for the preservation and conservation of the natural land
and/or environment and shall be managed to compliment adjacent land
uses and protect such uses from any physical hazards or their
effects . The policies further state that the extent and exact
location of such Hazard lands shall be determined in the respective
zoning by-laws in accordance with floodline and contour mapping in
consultation with the respective conservation authority. The
application appears to comply.
5 .2 Within the Town of Newcastle Official Plan the subject property is
designated on Schedule 6-1 as Residential and Major Open Space with
Hazard Lands . Schedule 6-2 (Environmental Sensitivity) illustrates
the lands associated with the Harmony Creek as Major Open Space
System and Environmentally Sensitive Areas . The Residential
designation permits various forms of housing type style and tenure.
Neighbourhood "1A" within which the application is located permits
up to a maximum of 4300 people. The application would appear to
comply with this target.
The Major Open Space system recognizes those lands below the
topographic break in slope of the creek systems . The precise
boundaries of this system shall be delineated in the zoning by-
law. As noted within the Official Plan policies, Council shall
encourage public acquisition of and access to, for passive
recreational purposes the valley lands of the Creek systems . The
Hazard Lands policies state these lands shall be primarily for the
preservation and conservation of natural land and/or environment
and managed to compliment adjacent land uses . The development or
�u ._ . . . .4
REPORT NO. PD-95-91 PAGE 4
redevelopment of such lands shall be subject to the regulations of
Central Lake Ontario Conservation Authority and the Ministry of
Natural Resources and the relevant sections of the Durham Regional
Official Plan. The application would appear to comply.
5. 3 In September of 1990, Town Council approved an amendment to the
Courtice West Neighbourhood Development Plan. The amendment
expanded the boundaries of the neighbourhood to include the lands
west of Varcoe Road and north of Nash Road consistent with the
Official Plan boundaries of the Courtice Urban Area. The proposal
would appear to comply.
6 ZONING
6 . 1 Within the Town of Newcastle Comprehensive Zoning By-law the
subject lands are zoned "Agricultural (A) " and "Environmental
Protection (EP) " . The 'EP' zoning recognizes the lands associated
with the Harmony Creek system and would not permit development
thereon. The 'Agricultural ' zoning would not permit the
development of a plan of subdivision as proposed. A zoning by-
law amendment is required.
7 AGENCY COMMENTS
7 . 1 The subject application was circulated by the Region of Durham
Planning Department to a number of commenting agencies . The Town
Planning Department in turn undertook a circulation of the
applications to the departments within the Town. The Peterborough
Victoria Northumberland and Newcastle Separate School Board
provided no objection to the application as submitted. The
following summarizes the balance of the responses received.
7 .2 The Town of Newcastle Public Works Department Staff have reviewed
the application and provided the following comments . Should the
application be approved a temporary turning circle must be
constructed at the east limit of street "A" . Accordingly building
permits would not be available for lots 30 and 31 until development
. . . .5
REPORT NO. PD-95-91 PAGE 5
proceeds to the north. The owner is to contribute 50% of the cost
of upgrading street lighting and sidewalk construction on Townline
Road. The applicable 0. 3 metre reserves are to be dedicated to the
Town. The applicant is to bear the costs ( 100%) of any works on
Townline Road which are necessitated as a result of this
development and that all the standard conditions of subdivision
agreement be incorporated.
7 . 3 The Community Services Department advised they have no objection
to the application subject to five percent (5%) cash-in-lieu of
parkland dedication; block 48 and 49 being dedicated gratuitously;
and block 48 being paved and fenced from the street to the valley
floor.
7 .4 The Fire Department has advised the subject lands fall within the
recognized response area of station # 4, Trulls Road. The
department is concerned that the Town's current fire standards may
not be adequate, given the continuous trend of rapid urbanization.
However, new development will generate lot levies to assist the
Town to improve its fire protection service, therefore the Fire
Department has no objection.
7 . 5 The Central Lake Ontario Conservation Authority Staff have reviewed
the application and advise as follows . The site is traversed by
the Harmony Creek and its valley system occupies the southern
portion of the plan. Authority Staff have concerns for potential
erosion/stability problems along the valley wall, which could
affect the proposed abutting tableland lots . Central Lake Ontario
Conservation Authority Staff further advised that restoration of
the 'normal' stream channel or selective erosion protection may be
necessary to ensure the future stability of the valley wall. Block
48 (walkway) encourages pedestrian access to the valley, some form
of erosion protection would be appropriate from this access point
at the top-of-bank, over the slope to the valley floor.
�. ., .. .6
- REPORT NO. PD-95-91 PAGE 6
7 . 6 The Ministry of Natural Resources have advised that they have no
objection to the development although they do have resource
concerns . The Harmony Creek, which forms the south eastern
boundary of the subject site flows into the Oshawa Second Marsh,
which is considered to be provincially significant. The Ministry
is concerned that unless proper stormwater management techniques
and erosion control measures are employed on site, negative impacts
on the marsh and its fish and wildlife habitat could result. The
Ministry Staff have therefore recommended various conditions to be
fulfilled prior to registration with regards to on-site drainage
and grading, as well as on site preparation prior to any works
being undertaken.
7 . 7 The Public School Board's review of the application advised some
concerns were raised. The proposal will generate approximately 12
students at S.T. Worden Public School. The School Board has
advised that as condition of approval pedestrian access from the
development to Varcoe Road will be required to facilitate passage
of students . Staff have reviewed this issue at some length and
will require a pedestrian creek crossing and walkway connecting the
subdivision to Varcoe Road.
7 . 8 The Regional Public Works Department has reviewed the application
and advised municipal water supply and sanitary sewer services can
be provided to the subject lands by way of extensions of existing
services from Townline and Varcoe Road. The applicant will be
responsible for the necessary easement. The proposed access to
Townline Road is considered acceptable as long as the location
conforms to Regional Road and Entranceway Policy. In consideration
of the future Adelaide Avenue extension and resulting Lawson Road
closure at Townline the proposed access is considered the only
viable entrance for the proposal .
7 . 9 The City of Oshawa Planning Department forwarded a copy of their
report to Planning and Development Committee. The report
. . . .7
- REPORT NO. PD-95-91 PAGE 7
recommended no objection to the application subject to being
advised of plans for reconstruction or alteration of storm drainage
facilities on Townline Road North necessitated by this development.
8 STAFF COMMENTS
9 . 1 The application is proposing to create 38 single family dwelling
lots on lands bounded by Townline Road to the west, Lawson Road to
the north and a branch of the Harmony Creek valley on the south.
The lands are currently zoned "Agricultural (A) " and "Environmental
Protection (EP) " . The Environmental Protection zone would appear
to generally relate to the top-of-bank of the proposal and
therefore is not subject to rezoning. The tablelands currently
zoned "A" will require a zoning by-law amendment prior to
development taking place. All the lots proposed provide a minimum
13 . 0 m (42 ft) frontage .
8 .2 As noted in the report the subject proposal includes lands
associated with the Harmony Creek. The applicant has proposed
placing all the lands below top-of-bank in a separate block to be
dedicated to the Town. Prior to dedicating said block to the Town,
the applicant/owner will be required to undertake work associated
with the creek to the satisfaction of Central Lake Ontario
Conservation Authority.
8 . 3 The applicant has proposed a road pattern in keeping with the
approved neighbourhood plan. The design would allow for the future
development of the rear yards of lots fronting on Lawson Road. In
addition, the plan provides opportunity for a future link road to
Lawson Road. The Townline Road/Lawson Road intersection is to be
closed at such time a link to Lawson Road can be constructed from
either this proposal or the future Adelaide Street extension to the
north.
8 .4 The Public School Board has requested the applicant provide a
pedestrian access to Varcoe Road. This access would require
crossing the valley floor and establishing a creek crossing. The
. . . . 8
REPORT NO. PD-95-91 PAGE 8
requirement has been reviewed with the applicant, Central Lake
Ontario Conservation Authority and the Community Services
Department. It is generally agreed, the pedestrian access is
appropriate. The preferred location for the creek crossing has not
been determined, although a few alternatives were identified.
Staff will require the applicant to construct an access to Varcoe
Road, including a creek crossing and associated walkways . The
location and specifications of same to be to the satisfaction of
the Public School Board, Central lake Ontario Conservation
Authority and the Town.
9 CONCLUSION
9 . 1 Staff are satisfied the proposal complies with the policies of both
Official Plans and the Neighbourhood Plan. The application is in
keeping with the low density uses abutting the site and provides
some variation in lot size. Staff would nave no objections to the
approval of the proposed Plan of Subdivision, subject to the
conditions of approval contained in Attachment #1.
Respectfully submitted, Recommended for presentation
'p\ to the ommittee
p/ Y
Franklin Wu, M.C. I .P.� LawrencdVt. Kotseff
DIrector of Planning Chief At inistrative
and Development Officer
CP*FW*cc
*Attach
15 April 1991
Interested parties to be notified of Council and Committee's decision:
290572 Ontario Ltd. Antoio Checchia
58 Rossland Road R.R. # 5
OSHAWA, Ontario L1G 2V5 OSHAWA, Ontario L1H 8L7
D.G. Biddle & Associates Limited I . Adamkovics
96 King Street East 112 Old Varcoe Road
OSHAWA, Ontario L1H 1B6 BOWMANVILLE, Ontario L1C 3K4
David Brazier
309 Townline Road North
OSHAWA, Ontario L1H 8L7
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DN: 18T89115.GPA
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
PLAN IDENTIFICATION
1. That this approval applies to draft Plan of Subdivision 18T-89115 prepared by D. G. Biddle and
Associated Ltd. dated (revised) April, 1991, showing Lots 1 to 38 inclusive for single family detached
dwellings, Block 49 for Open Space, Block 48 for a walkway, and various blocks for reserves,and future
development.
FINAL PLAN REQUIREMENTS
2. That all streets within the Plan of Subdivision shall be dedicated as public highway and shown as such
on the fmal 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 qualified Engineer to prepare and submit a Hydrogeologist Report to the
Director of Planning and Development to demonstrate that the proposed development will not adversely
impact the existing wells in the surrounding areas.
6. 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.
7. That the Owner shall retain a qualified consultant to prepare and submit a Tree Preservation plan to
the Director of Planning and Development for review and approval.
8. That the Owner shall be responsible for a successful Zoning By-law Amendment Application for the
lands subject to the proposed Plan of Subdivision.
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- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REOUIREMGNTS 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.
11. 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.
12. 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.
13. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per
the Town's standards and criteria.
14. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried
underground.
15. 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.
16. 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.
3
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CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQU1REb ENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D)
17. 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.
18. That block 48 and 49 be accepted gratuitously and that block 48 (walkway) be paved and fenced (1.8
m high) to the valley floor.
19. That the owner/applicant contribute 50% of the costs of upgrading streetlighting and new sidewalk
construction of the east side of Townline Road from the development south to Nash Road, to the
satisfaction of the Director of Public Works.
20. That a temporary turning circle be constructed at the east limit of Street"A" and that lots 30 and 31
not develop until such time as development proceeds to the north.
21. That the applicant bear the costs (100%) of any works on Townline Road which are necessitated as a
result of this development.
22. That the applicant/owner submit a storm water management plan for the watershed as a whole for
review and approval by the Director of Public Works.
23. That the applicant/owner design and construct a pedestrian access from Street"A" of the proposal to
Varcoe Road. Said access to include a pedestrian creek crossing and a paved walkway from Street"A"
to Varcoe Road, and the design and location of the walkway and pedestrian creek crossing to be
approved by the Public School Board, Central Lake Ontario Conservation Authority and the Town.
24. That the owner/developer satisfy the requirements of the Northumberland Newcastle Public School
Board financial or otherwise.
25. That the owner/developer satisfy the requirements of the Ministry of Natural Resources fmancial or
otherwise.
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CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D)
26. That the owner/developer satisfy the requirements of the Central Lake Ontario Conservation Authority
fmancial or otherwise.
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DRAFT PLAN OF PROPOSED SUBDIVISION
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