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HomeMy WebLinkAboutPD-72-90 TOWN OF NEWCASTLE t MP-LEP =' REPORT File Res. # By-Law # MEETING: General Purpose and Administration Committee DATE: February 19, 1990 REPORT #: PD- 72 -90 FILE #: SMECT: REZONING APPLICATION - TEMPLETON-LEPER PART LOT 12, CONCESSION 2, FORMER TOWN OF BOWMANVILLE FILE: DEV 89-58 (X-REF. 18T-89044) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 72 -90 be received; 2 . THAT the Region of Durham be advised that the Town of Newcastle recommends approval of the draft plan of subdivision 18T-89044 dated October 6, 1989 as revised in red, subject to the conditions contained in Attachment No. l to this Report; 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-89044 and the Corporation of the Town of Newcastle at such time as an Agreement has been finalized to the satisfaction of the Director of Public Works and the Director of Planning and Development; 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 the Subdivision Agreement; and 5 . THAT a copy of this report be forwarded to the Regional Municipality of Durham Planning Department and the interested parties attached hereto. 1. BACKGROUND 1. 1 In May of 1989, the Town of Newcastle Planning and Development . . .2 .i REPORT NO. : PD- 72 -90 PAGE 2 Department was advised by the Region of Durham of an application for approval of a Plan of Subdivision submitted by Templeton-Lepek on behalf of 807877 Ontario Limited. The subdivision application proposed the creation of twenty-two (22) single family lots with a minimum frontage of 12 metres and twenty-six (26) single family lots with a minimum frontage of 15 metres, as well as one block for future use. 1.2 A Public Meeting was held on Tuesday, September 5, 1989 at which time the Public was afforded the opportunity to make verbal or written representation either in support of or in opposition to the proposed zoning by-law amendment, which is required to implement the proposed draft plan of subdivision. 1. 3 However, on August 25, 1989, the Planning Department was informed by Templeton-Lepek that revisions were being made to the proposed draft plan of subdivision which would change the number and composition of dwelling units. The Planning Department later determined, upon receipt of the revised plan, that another Public Meeting was warranted, due to the substantial revisions to the original submission. The proposed subdivision, as revised, now proposes the creation of 21 single family dwellings with a minimum of 12 . 6 metres of frontage, 14 two family dwellings with a minimum of 18 metres of frontage and 21 townhouse units with a minimum of 6 . 7 metres of frontage. The Public Meeting with respect to the revised plan of subdivision was held on October 23, 1989 . 1.4 The proposal is situated on a 3 .8 hectare parcel (9 . 38 acre) parcel of land located at the south-east corner of Middle Road and Concession Road 3, but is more formally described as Part Lot 12, Concession 2, in the former Town of Bowmanville. . . . 3 4J REPORT NO. : PD- 72-90 PAGE 3 1.5 A Public Meeting sign providing information on the proposed plan of subdivision, as revised, was erected on the property at the request of the Planning and Development Department. The Planning Act, however, does not contain provisions to regulate public notification of subdivision applications . Therefore, individual notice to adjacent land owners was not required. However, since an amendment to the Zoning By-law is also required in order to implement the subdivision, the appropriate notice was mailed to each land owner within the prescribed distance. 2. SURROUNDING LAND USE 2 . 1 The surrounding land is primarily vacant, although most of the abutting parcels to the south, east and west have either received draft approval for a plan of subdivision, town approval for a plan of subdivision or have submitted an application for approval of a proposed plan of subdivision. 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 housing 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 (Bowmanville Major Urban Area) the subject property is designated "Low Density Residential" . Residential dwellings are to be the predominant use on lands so designated. 3 . 3 The Town of Newcastle Official Plan establishes within the Bowmanville Major Urban Area a maximum of 30 units per net . . .4 1,a 4 4 REPORT NO. : PD- 72 -90 PAGE 4 residential hectare for Low Density Residential development, 30-55 units per net residential hectare for Medium Density Residential development and a maximum of 80 units per net residential hectare for High Density Residential development. The subject property is designated in the Town of Newcastle Official Plan to develop at a maximum of 30 units per net residential hectare. The applicant is proposing to develop the subject property at approximately 26 . 8 units per net residential . hectare. Therefore, the proposed subdivision appears to comply with the Residential Density policies of the Town of Newcastle Official Plan. 3.4 Within the Town of Newcastle Official Plan, the subject lands are located within Neighbourhood 112B" on Schedule 7-1 . Within this Neighbourhood there exists two (2) "Neighbourhood Park (N) " symbols, one "Public Junior Elementary School" symbol, one "Local Central Area" symbol and a "High Density (H) " symbol. All of the aforementioned facilities/services have been accounted for in either draft plan of subdivision 18T- 82037 or the Town approved plan of subdivision 18T-87087, both of which are located within the "2B" Neighbourhood. 3 .5 The proposal must further be analyzed in terms of the target population for Neighbourhood 112B" . This neighbourhood has a maximum population potential of 3300 . Based on this population and the area of the 112B" Neighbourhood, it has been determined that development may take place at a rate of 14 . 6 units per gross hectare. The applicant is proposing to develop the subject property at a rate of 18.4 units per gross hectare. However, given the approved and proposed developments in the neighbourhood, the Planning Department is confident that the balance of the developable lands may proceed at the . . .5 5 J REPORT NO. : PD- 72 -90 PAGE 5 neighbourhood average while maintaining the proposed target population of 3300. 3 . 6 In view of the foregoing, the proposed plan of subdivision would appear to conform with the residential target population established by the Town of Newcastle Official Plan. 4. ZONING BY-LAW CONFORMITY 4 . 1 The Town of Newcastle Comprehensive Zoning By-law 84-63 zones the subject property Agricultural (A) . As residential uses of the size and magnitude proposed in the current application are not permitted in an Agricultural zone, the applicant has applied to amend the Zoning By-law accordingly. Appropriate notice of the proposed amendment was mailed to each landowner within the prescribed distance. 4 .2 As of the writing of this report, the Planning and Development Department has not received any written submissions regarding the current proposal. 5. AGENCY COMMENTS 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 Planning and Development Department undertook a limited interdepartmental circulation. The following provides a synopsis of the agency comments received to date. 5 .2 The Regional Works Department has reviewed the subject application and notes that water service and sanitary sewer service are not immediately available to the proposed plan. Therefore, the Regional Works Department finds the proposal . . .6 [A ,1 REPORT NO. : PD- 72 -90 PAGE 6 to be premature. However, the developer has the option of submitting proposals for overcoming the servicing constraints. 5 . 3 The Town of Newcastle Public Works Department has reviewed the subject application and offer no objection to the proposal subject to the provision of various regulatory conditions. 5.4 The Community Services Department has reviewed the subject application and offers no objection subject to the parkland dedication requirement being accepted as cash-in-lieu on the basis of 1 hectare per 300 dwelling units with the funds realized being credited to the Parks Reserve Account. 5.5 The Ministry of Natural Resources has reviewed the proposal and notes that the subject property is traversed by an intermittant tributary of Bowmanville Creek. However, subject to the provision of various conditions, the Ministry of Natural Resources offers no objection to the proposal. 5 .6 The Central Lake Ontario Conservation Authority has reviewed the proposal and note that the subject property is within the study area of the Northwest Bowmanville Area Master Drainage Plan. Although the proposed lot and street layout differs from the conceptual arrangement envisioned by the drainage study, the Central Lake Ontario Conservation Authority notes that the major storm overland flow routing can still be carried out in conformity with the Master Drainage Plan. Therefore, the Central Lake Ontario Conservation Authority offers no objection to the proposal subject to the provision of certain conditions . 5 .7 The balance of the circulated agencies which have provided . . .7 J � � REPORT NO. : PD- 72 -90 PAGE 7 comments are Newcastle Hydro, the Town of Newcastle Fire Department, the Public School Board and the Durham Regional Planning Department. None of the aforementioned agencies provided objectionable comments with respect to the subject application. The Separate School Board and the Ministry of the Environment have yet to respond. 6. STAFF COMMENTS 6 . 1 The Town of Newcastle Planning and Development Department has reviewed the proposed draft plan of subdivision in relation to the applicable policies and sections of the Town of Newcastle Official Plan as well as in relation to the existing and proposed developments in the surrounding area. 6 .2 The Planning and Development Department is of the opinion that the applicant is proposing to develop the subject lands at an appropriate density and that the issue of affordable housing is being addressed appropriately. Additionally, the plan utilizes the service lane concept along Concession Road No. 3, thus providing pedestrian access to Concession Road No. 3. In addition, developing the plan of subdivision in this manner provides for a more attractive design and reduces the need for possible noise abatement measures . 6 . 3 The Town of Newcastle Public Works Department has noted that a temporary turning circle is required at the east limit of Street "A" . The proposed plan of subdivision will be red-lined so that Lots 14 and 15 will be put on hold until such time as development proceeds easterly. 7. CONCLUSION 7 . 1 In consideration of the comments contained within this report, . . .8 REPORT NO. : PD- 72-90 PAGE 8 the Planning and Development Department 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. 1 annexed hereto. 7 .2 Furthermore, the Planning and Development Department 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 categories to implement the above noted Plan of Subdivision ( 18T-89044) . Staff note that the removal of the "Holding (H) " 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. Lawrenco'.tE. Kotseff Director of Planning Chief IJinistrative and Development Office WM*df *Attach 9 February 1990 Interested parties to be notified of Council and Committee's decision: 807877 Ontario Limited Templeton-Lepek Limited Attention: Mr. Fari Farivarz Land Use and Planning 16 Sims Crescent, Development Consultants, Unit 16, Suite 232, 5050 Dufferin Richmond Hill, Ontario Street, L4B 2P1 Downsview, Ontario. M3H 5T5 D49 TOWNSHIP OF ONELIWTON Township of Darlington CONCESSION 3 -t VACANT,d,„MLLOW4ICE BET W.1k; CONfI55i0N5 2 4ND 3 NC ROAD z 3 T 13 Lar 12 LOT II TRE XLY PL" STATtSTICS: LAND USE LOT I MOCK AREA 4 31 32 J, R Tilt P"OPOSED"O� 0 0 L 0 T�,ris B"LOCK 033 F- z < =10 n4r=LMdWd 0 F.M.' .1d ft 0 < —T > > o 23 /0 =.Wy am 1.6—dft.d a.M."bWM 19' IT Mk— -Aft* M"`0 22 ,,a- -7 —------ (98Cft*SIM dt PNWA**AcQ TR FEE= Tll�• l.2 3 4 5 T IST-89044 DRAFT PLAN OF SUBDIVISION Part 1,Plan 1OR-1964 Part of[at 12,Cance*slon 2 bmorly in Sw%Ywn of BMMMmKe C O N C E S S I O N 2 Tom rKM in ft of Rogtonall MmIc%Wft of Durham VACANT stye 1:SDO DN: DRAFT.TEM CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION PLAN IDENTIFICATION 1. That this approval applies to draft Plan of Subdivision 18T- 89044, prepared by Templeton-Lepek (revised) October 6, 1989 and further revised in red as per the attached plan) showing Lots 1 to 21 inclusive for single family detached dwellings, Lots 22 to 35 inclusive for semi-detached or linked dwellings, Blocks 36-38 for townhouse dwellings, 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. 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 Hydrogeologist Report to the Director of Public Works and the Director of Planning and Development for review and approval. . . .2 D PAGE. . . .2 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. REOUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 8 . 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. 9 . That all easements, road widening, and reserves as required by the Town shall be granted to the Town free and clear of all encumbrances . 10 . 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 at a rate of either (5%) or one (1) hectare per 300 dwelling units, whichever is greater. 11. 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. 12 . That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc . as per the Town's standards and criteria. . . . 3 5 PAGE 3 13 . That the Owner shall cause utilities, including, hydro, telephone, Cable TV, etc. to be buried underground. 14 . 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. 15 . 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. 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 .6 . 3 .4 of the Ontario Fire Code. 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 . . .4 � r PAGE 4 quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. 18 . That a temporary turning circle be constructed at the east limit of Street "A" . Lots 14 and 15 shall be placed on hold and no building permits issued until such time as development proceeds easterly beyond the limits of the subdivision. 19 . That the appropriate road widenings on Middle Road and Concession Road East be dedicated to the Town along with the 0 .3 metre reserves and sight triangles as shown in red on the attached plan. 20 . The approvals be in place with respect to an existing storm water management report now being reviewed by the Public Works Department. 21. That the applicant bear the costs (100%) of any works on Concession Road #3 which are necessitated as a result of this development (ie. intersection improvements, turning lanes, utility relocation, ditch grading, sodding, entrance construction, etc. ) . 22 . That the applicant/owner contribute to the costs of reconstructing/upgrading Concession Road #3 in accordance with Town Policy. (ie. 50% of costs along frontage subject lands) . 23 . That the applicant/owner reconstruct Middle Road between the limits of the subdivision. The Town of Newcastle shall endeavour to collect from any development to the west an appropriate share of the reconstruction costs . . . .5 1 PAGE 5 24 . That the applicant/owner contribute to the cost of reconstructing Scugog Street between Middle Road and Odell Street. 25. That the applicant/owner meet all the requirements of the Public Works Department, financial and otherwise. 26 . That the applicant shall confirm that satisfactory arrangements, financial and otherwise, have been made with Bell Canada for any Bell Canada facilities servicing the draft plan of subdivision which are required by the Town to be installed underground. 27 . That the Owner agrees to grant to Bell Canada any easements which may be required for telecommunication services . 28 . Prior to the commencement of site preparation, including the rough grading of roads, the Owner shall obtain Central Lake Ontario Conservation Authority approval of sedimentation control and grading plans for the subject lands . 29 . Prior to the commencement of site preparation, the Owner shall obtain Central Lake Ontario Conservation Authority 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. 30 . Prior to the final approval of the plan, the Central Lake Ontario Conservation Authority is to be satisfied by the Owner that the requirements of the Northwest Bowmanville Area Master Drainage Plan pertaining to the site will be carried out to the Authority's satisfaction. . . .6 5l PAGE 6 31. That the Owner agrees to prepare and implement drainage and erosion control plans which will show all proposed surface drainage works and will describe the means to eliminate on- site erosion and the direct discharge of untreated stormwater flow into the Bowmanville Creek tributary, both during and after construction. 32 . That any damming, dredging or other alterations to the Bowmanville tributary will not be carried out without prior written authorization from the Ministry of Natural Resources according to the terms of the lakes and Rivers Improvement Act. 33 . That the Owner agrees to maintain all stormwater management, erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the Ministry of Natural Resources . 34 . That the Owner agrees to notify the Lindsay Ministry of Natural Resources Office at least 48 hours prior to the initiation of any on site development. -5 6 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 90- being a By-law to authorize the entering into an Agreement with the Owner of Plan of Subdivision 18T-89044 and the Corporation of the Town of Newcastle for the development of Plan of Subdivision 18T- 89044 The Council of the Corporation of the Town of Newcastle hereby enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Town of Newcastle, and seal with the Corporation's seal, an Agreement between the owner of Plan of Subdivision 18T-89044 and the said Corporation dated the day of , 1990 in the form attached hereto as Schedule "A". 2. THAT the Mayor and Clerk are hereby authorized to accept on behalf of the Town, the said conveyances of lands required pursuant to the aforesaid Agreement. 3. THAT Schedule "A" attached hereto forms part of this By-law. 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 .1 � f 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 of the Corporation of the Town of Newcastle WHEREAS Council of the Corporation of the Town of Newcastle recommends to the Region of Durham for approval of draft Plan of Subdivision 18T-89044; and 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 the 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 designations from: "Agricultural (A) " to "Holding-Urban Residential Type One ( (H)R1) "; "Agricultural (A) " to "Holding-Urban Residential Type Two ( (H)R2); "Agricultural (A) " to "Holding-Urban Residential Type Three ( (H)R3) ". 2. Schedule "A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of 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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