HomeMy WebLinkAboutPD-73-90 TOWN OF NEWCASTLE
. r N: LINCOLN REPORT File # a a ���
Res. #
By-Law #
STING: General Purpose and Administration Committee
DATE: Monday, February 19, 1990
REPORT #: PD- 73 -90 FILE #: 18T-89021 (X-REF DEV 89-66)
SUBJECT: SUBDIVISION & REZONING APPLICATION -LINCOLN HOLDINGS LTD.
PART LOT 12, CONCESSION 2, BOWMANVVILLE
FILE: 18T-89021 (X-REF DEV 89-66)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD- 73 -90 be received;
2 . THAT the proposed Plan of Subdivision 18T 89021 revised and dated
December 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 the attached amendment to By-law 84-63 be APPROVED and that
the "Holding (H) " symbol be removed by By-law upon execution of a
Subdivision Agreement;
5 . THAT a copy of this Report and Council's decision be forwarded to
the Region of Durham Planning Department; and
6 . THAT the interested parties listed in this report and any
delegation be advised of Council's decision. . . .2
560
REPORT NO. : PD- 73 -90 PAGE 2
1. APPLICATION DETAILS
1. 1 Applicant: Lincoln Holdings Pickering Ltd.
1.2 Subdivision: Townhouses: forty-five (45) units
1. 3 Rezoning: From - "Agricultural (A) " to an appropriate zone to
permit the development of 45 townhouse units.
1.4 Area: 1. 63 ha (4 .0 acres)
2 . BACKGROUND
2. 1 In May of 1989, the Town of Newcastle Planning and Development
Department was advised by the Region of Durham of an application
for Plan of Subdivision ( 18T-89021) proposing 42 townhouse units
on a 1.5 ha parcel of land in Part Lot 12, Concession 2,
Bowmanville. The Planning Department also received an application
to amend the Town of Newcastle Comprehensive Zoning By-law 84-63,
as amended, in association with the above noted subdivision
application. An application to amend the Town of Newcastle
Official Plan (89-21/N) was also submitted in support of the
application.
2 .2 In January of 1990, the Town was advised of a revision to the
proposed plan of subdivision, increasing the number of units from
42 to 45 as a result of additional land being added to the
development. In addition, the application for Official Plan
Amendment (89-21/N) was withdrawn as Regional Council approved
Official Plan Amendment 88-4/N which recognized the addition of a
"Medium (M) " density symbol in the vicinity of the subject
property.
. . .3
561
REPORT NO. : PD- 73 -90 PAGE 3
3 LOCATION
3. 1 The subject lands are located in Part Lot 12, Concession 2,
Bowmanville, municipally known as 237 and 239 Scugog Street. The
property is located on the east side of Scugog Street at the Scugog
Street/Middle Road intersection. It is north of Fourth Street and
south of the 3rd. Concession.
4 . EXISTING AND SURROUNDING USES
4 . 1 The site presently houses two (2) frame dwellings and an accessory
garage. Surrounding land uses include:
North: Town approved plan of subdivision for a total of 494 units.
West and South: Town approved plan of subdivision for a total of
71 units
East: Town approved plan of subdivision for a total of 85 units .
5 . PUBLIC MEETING
5 . 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.
5 .2 The Public Meeting was advertised and held on October 2, 1989 .
One person spoke at the meeting noting a concern with the pace of
development in the Bowmanville Area. No letters of concern or
interest have been received.
6 . OFFICIAL PLAN POLICIES
6 . 1 Within the Durham Region Official Plan the subject lands are
designated "Residential" with indications of "Hazard Lands" .
Residential policies indicate the predominant use of lands so
. . .4
REPORT NO. : PD- 73 -90 PAGE 4
designated shall be for housing purposes . The application would
appear to comply.
6 .2 The "Hazard Land" indications refers to lands having physical
characteristics such as poor drainage, swamps or other physical
condition. These lands shall be generally determined in the local
Comprehensive Zoning By-law in consultation with the Conservation
Authority and the Ministry of Natural Resources . An application
for the removal of the development constraints involving lands
identified as "Hazard Lands" are subject to Region Official Plan
policies (Section 1. 3 .4) .
6 .3 Within the Town of Newcastle Official Plan (Bowmanville Major Urban
Area) the subject lands are designated "Low Density Residential"
A recent Official Plan Amendment (31) which has received
Ministerial approval has introduced a "Medium (M) " density in the
vicinity of the subject site, east of Scugog Street and south of
the Jackman Road extension. Medium density permits between 30 and
55 units per net residential hectare. The application proposes a
net residential density of 36 .58 units per hectare. This would
appear to comply with the medium density provision.
7 AGENCY COMMENTS
7 .1 In accordance with departmental procedures, the application was
circulated to obtain comments from other departments and agencies.
The following represents a summary of comments and concerns
identified.
7 .2 The Town of Newcastle Public Works Department reviewed the
application and provided no objection subject to conditions of
approval. Some of the conditions included contributions to the
reconstruction of Scugog Street, contributions to the
reconstruction of the intersection of Old Scugog Road, Concession
Street and Regional Road # 57; that the applicant bear the costs
. . .5
563
REPORT NO. : PD- 73 -90 PAGE 5
( 100%) of any works on Scugog Street necessitated as a result of
this development; that a 3.048 m road widening and 0. 3 m reserve
be dedicated to the Town; that the applicant provide for fencing
as required by the Town; and that the applicant satisfy all the
standard subdivision agreements .
7 . 3 The Town of Newcastle Community Services Department Staff have
stated no objection in principle to this application. Future
residents would be serviced by a neighbourhood park located on the
east side of Middle Road further to the north. In addition cash-
in-lieu of parkland, based on one ( 1) ha per 300 units or 5% of the
proposal whichever is greater will be required.
7 .4 The Town of Newcastle Fire Department note the subject site is
within the response area covered by Station No. 1 in Bowmanville.
They further note that the aggregate of all applications in the
north Bowmanville will put a heavy burden on all services. Water
supply must be insured in accordance with Ontario Building Code and
Fire Code.
7 .5 The Central Lake Ontario Conservation Authority Staf f comments note
that the site is traversed by a tributary to the Bowmanville Creek
and that lots 1 to 9, inclusive would be flood prone. Authority
Staff further note that the subject site is within the study area
of North West Bowmanville Area Master Drainage Plan. Under this
drainage concept, the flood hazard of the subject lands would be
eliminated in conjunction with upstream future development.
Central Lake Ontario Conservation Staff recommend that any rezoning
of the subject lands be placed in a "Holding (H) " category until
such time as upstream developments have removed the flood hazards
on this property. In addition, Authority Staff have requested
various conditions of approval.
7 . 6 The Regional Public Works Department comments advise that they are
in receipt of an acceptable servicing proposal from the developer.
REPORT NO. : PD- 73 -90 PAGE 6
On that basis they have no objection to further processing the
application subject to conditions of approval to be incorporated
in the Subdivision Agreement.
7 .7 The Northumberland, Newcastle Board of Education comments requested
a walkway be established to access the approved subdivision to the
south. The revised plan has provided such a walkway. The comments
further advised that the Board feel the volume of growth in this
area cannot be accommodated by their present plans, but this
objection would be reconsidered when a more comprehensive
accommodation study is prepared.
7 . 8 Bell Canada Staff have commented that the applicant must satisfy
Bell Canada for all proposed facilities. Ministry of Natural
Resources, Ministry of Transportation Ontario, Ontario Hydro,
Newcastle Hydro and the Separate School Board have provided no
objection. Comments remain outstanding from the Town of Newcastle
Public Works Department, Public School Board, Regional Public Works
Department and Ministry of Environment.
8 . STAFF COMMENTS
8. 1 Agency comments have provided one ( 1) objection to the proposed
subdivision, this being from the Northumberland, Newcastle Public
School Board. However, in the past, the Region has not accepted
this as an objection, but rather a concern and has informed the
School Board that should they wish to object they must ask to have
the proposal referred to the Ontario Municipal Board.
8.2 The balance of the commenting agencies provided no objection,
although a number of conditions of approval were required. The
requested conditions of approval have been reviewed by Planning
Staff and would appear to be reasonable requirements for the
application.
. . .7
ri
J � �
REPORT NO. : PD- 73 -90 PAGE 7
8. 3 The proposal is complimentary to the Town approved plan of
subdivision to the north, providing an extension/link to the street
pattern and proposed housing types . To the east are proposed Town
approved semi/link units and to the south are proposed Town
approved semi/link units, singles and an existing two (2) storey
house. The plan would appear to integrate well with surrounding
proposed and existing land uses .
8.4 In response to the Public School Board's comments, a walkway has
been incorporated in said plan, which allows for pedestrian access
through to proposed plan of subdivision 18T-86069, and existing
school and park.
8.5 The applicant's proposal is for forty-five (45) street townhouse
units distributed over six (6) blocks, each block containing
between four (4) and thirteen ( 13) units . Staff recommend red-line
revising the plan to illustrate six (6) blocks with a development
potential of a maximum forty five (45) units . At such time the
development proceeds towards construction, application for Part Lot
Control can be submitted to accurately divide the lots.
9 . CONCLUSION
9 . 1 In consideration of the above-noted comments, Staff would have no
objection to the approval of the proposed Plan of Subdivision, as
red-line revised and subject to the conditions of approval, as
contained in Attachment No. 1 attached hereto.
9 .2 Furthermore, Staff would have no objection to the approval of the
attached zoning by-law amendment, as applied for. The amending
zoning by-law would provide for the appropriate zone category to
implement the above-noted Plan of Subdivision ( 18T-89021) . Staff
note that removal of the "Holding (H) " prefix will require Council
approval, at such time as the subdivision agreement is registered.
. . .8
566
REPORT NO. : PD- 73 -90 PAGE 8
Respectfully submitted, Recommended for presentation
to the Committee
L Pik
�k
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Franklin Wu, M.C.I.P. L wrence E. Kotseff
DIrector of Planning Chief A istrative
and Development Officer/
CP*FW*cc
*Attach
8 February 1990
Interested parties to be notified of Council and Committee's decision:
Marianne Brown
19 Barley Mill Cres .
BOWMANVILLE, Ontario
L1C 4E6
David Fumerton
Environmental Office
Abatement East Section
Ministry of the Environment
7 Overlea Blvd, 4th. Floor
TORONTO, Ontario
M4H 1A8
Robert Carruthers
R.R.#1
BOWMANVILLE, Ontario
L1C 3K2
Lincoln Holdings Pickering Ltd.
4117 Lawrence Ave. E.
Suite 205
WESTHILL, Ontario
MlE 2S2
G. M. Sernas & Associates
110 Scotia Court
Unit 41
WHITBY, Ontario
L1N 8Y7
56
DN: DRAFT
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
PLAN IDENTIFICATION
1. That this approval applies to draft Plan of Subdivision 18T-89021 prepared by
G. M. Sernas and Associates, dated December, 1989 (and further revised in red
as per the attached plan) showing Blocks 1 to 6 inclusive for forty-five (45)
street townhouse units, and various blocks for reserve, road widening, walkways,
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.
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.
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT
6. 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.
7. That all easements, road widening, 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, the greater of five percent (5%) cash-in-lieu of parkland dedication
or one (1) ha per 300 Units.
. . .2
_2_
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
9. 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.
10. That the Owner shall provide and install sidewalks, street lights, temporary
turning circles etc. as per the Town's standards and criteria.
11. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV,
etc. to be buried underground.
12. 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.
13. That prior to the issuance of building permits, the Owner shall retain an
architect to prepare and submit an Architectural Control Plan to the Director
of Planning and Development. The architect shall further certify that the said
Plan has achieved the objectives of providing: a variety of housing style;
attractive streetscape treatment; harmony of colour, style and exterior materials
used, etc.
14. 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.
15. 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.
16. 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. . . .3
5- 6 9
-3-
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D)
17. 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.
18. Prior to the commencement of site preparation, including the rough grading of
roads, the owner shall obtain Central lake Ontario Conservation Authority
(C.L.O.C.A. ) approval of sedimentation control and grading plans for the subject
lands.
19. Prior to the commencement of site preparation, the owner shall obtain C.L.O.C.A.
approval of 100 year storm overland flow routing for the plan. A brief report
is to be submitted which illustrates overland flow routing of the site and other
developments in the northwest Bowmanville area.
20. Prior to final approval of the plan, the C.L.O.C.A. is to be satisfied that the
requirements of the Northwest Bowmanville Area Master Drainage Plan pertaining
to the site will be carried-out to the Authority's satisfaction.
21. The owner shall agree in the subdivision agreement with the Town of Newcastle
to carry-out or cause to be carried-out to the satisfaction of the C.L.O.C.A. :
(a) site grading, sedimentation control and major overland flow routing; and
(b) the requirements of the Northwest Bowmanville Area Master Drainage Plan
as they pertain to this site.
22. That the development of these lands be scheduled to coincide with or follow after
the construction of surrounding lands in order to ensure access to the said
lands.
23. That the developer meet all requirements, financial and otherwise regarding the
Storm Water Management Report as approved by the Director of Public Works;
24. That the applicant provide for fencing where required by the Town.
25. That the applicant will bear the costs (100%) of any works on Old Scugog Road
which are necessitated as a result of this development. (is: intersection
improvements, turning lanes, utility relocation, ditch grading, sodding, entrance
construction, etc. ) .
. . .4
570
-4-
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D)
26. That contribution be made to the reconstruction of Old Scugog Road and Middle
Road to Odell Street, as well as contribution toward the reconstruction of the
intersection of Old Scugog Road, Concession Road 3 and Regional Road # 57. The
contributions will be determined based on total areas of all developable and
developing lands that will directly impact the use of this collector corridor.
27 That all existing structures on the subject property be removed prior to Building
Permits being issued.
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 90-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-
law for the Corporation of the Town of Newcastle.
WHEREAS the Council of the Corporation of the Town of Newcastle
recomment to the Region of Durham for approval of draft Plan of
Subdivision 18T-89021;
WHEREAS the Council of the Corporation of the Town of Newcastle
deems it advisable to amend By-law 84-63, as amended, of the
Corporation of the Town of Newcastle, to implement draft Plan of
Subdivision;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation
of the Town of Newcastle enacts as follows:
1. Schedule "3" to By-law 84-63 as amended, is hereby further
amended by changing the zone designation from:
"Agricultural (A) " to "Holding - Urban Residential Type Three
( (H)R3) " Zone as shown on the attached Schedule "A" hereto.
2. Schedule "A" attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of the passing
hereof, subject to the provisions of Section 34 of the Planning
Act.
BY-LAW read a first time this day of 1990.
BY-LAW read a second time this day of 1990.
BY-LAW read a third time and finally passed this day of "
1990.
MAYOR
CLERK
This is Schedule "A" to By-law 90- ,
passed this day of , 1990 A.D.
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