HomeMy WebLinkAboutPD-60-90 Ei
TOWN OF NEWCASTLE
REPORT File # 6o-3.S-
l't� ;f, �-N: GERVAIS
Res. #
By-Law #
(MEETING: General Purpose and Administration Committee
DATE: Monday, February 5, 1990
REPORT #: PD-60-90 FILE #: DEV 89-099 ( 18T- 89080)
SUBJECT: APPLICATION FOR ZONING AMENDMENT & SUBDIVISION APPROVAL
DEKKEMA - GERVAIS DEVELOPMENT CORPORATION
FILE: DEV 89-099 (18T 89080)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-60-90 be received;
2 . THAT the Region of Durham be advised that the Town of Newcastle
recommends approval of the draft plan of subdivision 18T-89080
dated January 1990 as revised in red, subject to the conditions
contained in Attachment No. 1 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-89080 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 August of 1989 , the Town of Newcastle Planning and Development
Department was advised by the Region of Durham of an application
� 9z, . . .2
REPORT NO. : PD-60-90 PAGE 2
for approval of a Plan of a Subdivision submitted by Marshall
Macklin Monaghan, on behalf of Dekkema-Gervais Development
Corporation. The subdivision application proposed the creation of
33 single family dwelling lots, 45 two-family dwelling lots and 45
townhouse lots for a total of 168 units plus one block for
commercial use. The application has since been revised to change
the commercial use to residential and now proposes 53 single family
dwelling lots, 33 two-family dwelling lots and 55 townhouse lots
for a total of 174 units . Accordingly, the applicant has also
applied to amend the zoning by-law in order to implement the
subdivision.
1.2 The proposal is situated on a 9 . 18 hectare (22 . 68 acre) parcel of
land located on the south side of Highway # 2, west of Trull's
Road.
1 . 3 A Public Notice sign providing information on the proposed plan of
subdivision was erected on the subject 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 homeowners was not provided. However, since an
amendment to the zoning by-law is also required in order to
implement the plan of subdivision, the appropriate notice was
mailed to each landowner within the prescribed distance.
1 .4 As a result of the public notification process the Planning and
Development Department has received two letters from area residents
expressing concerns over the proposed subdivision. The area
residents were concerned with the access to Highway # 2 which was
proposed in the original plan, as well as the proposed townhouse
blocks .
REPORT NO. : PD-60-90 PAGE 3
2 . SURROUNDING LAND USE
2 . 1 The subject lands are bounded by residentially developed land to
the south and west, while the lands to the east are currently
undeveloped. Highway # 2 abuts the proposed plan of subdivision
to the north.
3 . OFFICIAL PLAN CONFORMITY
3 . 1 Within the Durham Regional Official Plan, the subject property is
designated for Residential development. As the primary use of
lands so designated is intended to be for residential purposes, the
application would appear to conform to the Durham Regional Official
Plan.
3.2 Within the Courtice Major Urban Area, the Town of Newcastle
Official Plan establishes a maximum of 15 units per net residential
hectare for Low Density Residential development, a maximum of 40
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 applicant is
proposing to develop the 9 . 18 hectare (22 .68 acre) parcel at an
overall density of 30 . 1 units per net residential hectare which
falls within the medium density range as defined by the Town of
Newcastle Official Plan. The Neighbourhood Development Plan of
Courtice South does not identify specific areas for medium and high
density development in order to permit greater flexibility in
subdivision design. Medium density residential development is
intended to be located adjacent to existing low density residential
uses and fronting on local roads or minor collectors.
3 . 3 The Town of Newcastle Official Plan also established a target
population of 4300 for the 112B" Neighbourhood. The proposed plan
of subdivision has been reviewed within the context of the target
'595 . . .4
REPORT NO. : PD-60-90 PAGE 4
population. Staff have estimated that the "2B" Neighbourhood has
an area of approximately 117 hectares (289 . 1 acres) that can be
developed. Therefore, given the target population of 4300, it can
be determined that the 112B" Neighbourhood can develop at
approximately 12 .3 units per gross residential hectare in order to
maintain the target population. The proposed draft plan of
subdivision has a gross area of 9 . 18 hectares (22 .68 acres) and a
total of 174 units which equates to a density of 18 . 9 units per
gross residential hectare. Staff have further analyzed the density
issue and are confident that the development potential of the
remaining developable land within the "2B" Neighbourhood will not
be prejudiced.
3.4 Within the "2B" Neighbourhood there exists one (1) "Junior
Elementary School" symbol and one ( 1) "Neighbourhood Park (N) "
symbol. Both of these facilities have been provided for through
the approval of previous subdivision applications.
3.5 In view of the foregoing, the Planning and Development Department
is of the opinion that the proposed plan of subdivision conforms
with the intent of 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 "Holding - Urban Residential Type One ( (H)R1) " .
As the applicant is desirous of developing street townhouses, the
applicant has also applied to amend the zoning by-law accordingly
in order to implement the proposed plan of subdivision. In
accordance with the Planning Act, appropriate notice was mailed to
each landowner within the prescribed distance.
REPORT NO. : PD-60-90 PAGE 5
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 undertook a limited
interdepartmental circulation. The following provides a synopsis
of the agency comments received to date.
5.2 The Town of Newcastle Public Works Department has reviewed the
subject application and has noted a concern in that the proposed
174 unit plan of subdivision provides only one point of access.
However, the applicant has developed the proposed subdivision in
such a manner as to facilitate the extension of Strathallan Drive
in an easterly direction to Trulls 's Road. Once the vacant lands
to the east develop, the proposed subdivision would be serviced by
two points of access .
5. 3 The Ministry of Transportation was circulated the first submission
of the proposed draft plan of subdivision and noted that the
location of Street "D" onto Highway #2 was unacceptable as the
proposed entrance did not meet the minimum spacing requirement of
366 metres ( 1200 feet) from an existing intersection. The Ministry
further advised that all access to the subject property would have
to be restricted to local roads with no direct access to Highway
# 2 . The applicant subsequently revised the proposed draft plan
in order to address the concerns and requirements of the Ministry
of Transportation.
5 .4 The Ministry of Natural Resources has reviewed the proposed draft
plan of subdivision and notes that Block 149 is traversed by an
intermittent tributary of Robinson Creek. The Ministry of Natural
Resources, however, offers no objection to the approval of the
proposed plan of subdivision subject to the provision of certain
regulatory conditions .
. . . 6
59
REPORT NO. : PD-60-90 PAGE 6
5.5 The Town of Newcastle Community Services Department has reviewed
the proposal and offers no objection to the approval of the
application. However, the Community Services Department notes that
the applicant will be required to provide Blocks 142 and 143
gratuitously to the Town as open space and prepare a master plan
to develop these road islands as landscaped areas complete with
irrigation. Furthermore, the applicant will be required to
provide a 3 .0 metre walkway on the westerly and northerly limits
of Block 149 .
5. 6 The balance of the circulated agencies which provided comments are
the Town of Newcastle Fire Department, the Regional Planning
Department, the Regional Works Department, the Public School Board,
the Separate School Board and Ontario Hydro. None of the
aforementioned agencies have provided objectionable comments with
respect to the subject application. The Central Lake Ontario
Conservation Authority and the Ministry of the Environment have
both yet to respond to the regional circulation of the subdivision.
6 STAFF COMMENTS
6 . 1 The proposed plan of subdivision is a logical extension of
Registered Plans 10M 807 and 10M 792 which are located to the west
of the subject property. Additionally, the plan utilizes the
service lane concept along Highway # 2 as opposed to reserve lot
frontages hence providing pedestrial access to Highway 2 and at the
same time enhance the urban street scape. In addition developing
the subdivision in this manner provides for a more attractive
design and reduces the need for possible noise abatement measures.
6 .2 The Town of Newcastle Public Works Department noted that a
temporary turning circle is required at the north end of Street
"B" . The proposed plan of subdivision will be red-lined so that
lot 132 and 139 to 141 will be put on hold until such time as
development proceeds easterly.
. . .7
5 98.
REPORT NO. : PD-60-90 PAGE 7
6 .3 The Planning and Development Department has red-lined lots 72 to
80 so that a uniform lot depth of 32 .5 metres ( 106 .62 feet) is
provided along the west side of Street C, south of Street A.
6 .4 Lots 1 to 12 have been red-lined in order to provide a depth of 31
metres ( 101. 7 feet) as opposed to the 30.5 metres ( 100 .06 feet)
depth proposed by the applicant. The 31 metre (101.7 feet) is
required in order to satisfy the minimum lot area requirement of
370 square metres (3982 .77 sq. ft. ) . The Planning Department
notes, for the Committee's and the applicant's information, that
red-lining the plan in this manner may necessitate revisions to
Lots 45 to 50 and 84 to 86, as well as Blocks 144 to 148.
7 . CONCLUSION
7 . 1 In consideration of the comments contained within this report, 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-89080) . 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.
8
�9 / . . .
REPORT NO. : PD-60-90 PAGE 8
Respectfully submitted, Recommended for presentation
to the Committee
l
Franklin Wu, M.C. I.P. � awrenc ' Kotseff
Director of Planning Chief A ni
' strative
and Development Office
WM*FW*cc
*Attach
30 January 1990
Interested parties to be notified of Council and Committee's decision:
J. D. Kennedy
Marshall Macklin Monaghan Limited
275 Duncan Mills Road
DON MILLS, Ontario
M3B 2Y1
Gerard Gervais
Bert Dekkema
Dekkema-Gervais Development Corp.
Sandbury Building Corp.
255 Yorkland Boulevard
WILLOWDALE, Ontario
M2J 1S3
Mark Foley
Kingsberry Properties
319 College Avenue
P.O. Box 11
OSHAWA, Ontario
L1H 7K8
Thomas Robinson
Group 9, Box 1
R.R. #6
Bowmanville, Ontario
L1C 3K7
Joan E. Sobil
Group 9, Box 43
R.R. #6
Bowmanville, Ontario
L1C 3K7
Larry Scott
Group 9, Box 19
R.R. #6
Bowmanville, Ontario
L1C 3K7 .599 01
DN: GERVAIS
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
PLAN IDENTIFICATION
1. That this approval applies to draft Plan of Subdivision 18T-89080, prepared by
Marshall Macklin Monaghan, dated (revised) January 1990 (and further revised
in red as per the attached plan) showing Lots 1 to 53 inclusive for single family
detached dwellings, Lots 54 to 86 inclusive for two-family dwellings, and lots
87 to 141 inclusive for townhouse dwellings along with various blocks for
reserves, road widenings, site triangles 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, site triangles and reserves as required by
the Town shall be granted to the Town free and clear of all encumbrances.
. . ..2
599 02
-2-
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D)
8. 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 five percent (5%) or one (1) ha per 100 dwelling units whichever is
greater. .
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, 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, 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.
14. That Street "C" (southwest corner) be redesigned to allow for maximum 90 degree
bend.
. . .3
599 03
-3-
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT-D)
15. That a temporary turning circle be provided at the north end of Street "B". Lots
132 and Lots 139 to 141 are to be put on hold until such time as developments
proceed to the east.
16. That the applicant/owner meets all the requirements of the Public Works
Department, financial or otherwise.
17. That the applicant.owner shall endeavour to obtain an additional property access
to the Plan of Subdivision through the easterly abutting parcel of land.
18. That the applicant/owner agrees to grant Block 149 gratuitously to the Town
should he/she be unable to develop the Block.
19. That a 0.3 m reserve extending across the entire Highway # 2 frontage be conveyed
by deed to the Ministry of Transportation.
20. That prior to final approval, the owner shall submit a copy of a stormwater
management report and drainage plan to the Ministry of Transportation for their
approval.
21. That prior to final registration of the plan of subdivision, or any on-site
grading or construction, the Ministry of Natural Resources must have reviewed
and approved the following reports describing:
a) the intended means of conveying stormwater flow from the side, including
use of stormwater management techniques which are appropriate and in
accordance with the provincial "Urban Drainage and Design Guidelines",
April 1987;
b) the anticipated impact of the development on water quality, as it relates
to fish habitat once adequate protective measures have been taken;
C) the means whereby erosion and sedimentation and their effects will be
minimized on the site during and after construction. These means should
be in accordance with the provincial "Guidelines on Erosion and Sediment
Control for Urban Construction".
d) site soil conditions, including grain size distribution profiles; and
e) site grading plans.
22. That detailed plans be submitted regarding alterations to the watercourse (new
spillways at culverts, road crossings, etc. ) . Any proposed alterations require
application under the Lakes and Rivers Improvement Act.
. . .4
900 n A
-4-
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D)
23. That prior to any grading or construction on the site, the owner shall erect a
snow fence with geotextile fabric along the westerly and northerly limits of
Block 149. No disposal of fill or disturbance of vegetation shall occur beyond
this point during the entire construction period.
24. That the owner agrees to maintain all stormwater management and erosion and
sedimentation control structures operating and in good repair during the
construction period, in a manner satisfactory to the Ministry of Natural
Resources.
25. 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.
599 05
C•THE KIN§_!S--1itGKWAY Pr 2 DRAFT PLAN
OF SUBDIVISION
0P1RAnT OF LOT 31,
CONCESSION 2
TOWN OF NEWCASTLE
(FORMERLY TOWNSHIP OF DARLING-TON)l
REGIONAL MUNICIPALITY OF
Li DURHAM
ADDITIONAL INFORMATION
AS REQUIRED UNDER SECTION 502)OF THE PLANNING
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SURVEYOR'S CERTIFICATE
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DN: GERVAIS
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
recommends to the Region of Durham for approval of draft Plan of
Subdivision 18T-89080; 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 114" to By-law 84-63 as amended, is hereby further
amended by changing the zone designation from:
"Holding - Urban Residential Type One ((H)Rl)" to "Holding - Urban
Residential Type Two (R2) "
"Holding - Urban Residential Type One ((H)R1) " to "Holding - Urban
Residential Type Two - Special Exception ((H)R2-2) "
"Holding - Urban Residential Type One ((H)R1) " to "Holding - Urban
Residential Type Three (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 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
599 08
This is Schedule "A" to By-law 90
passed this day of—, 1*9.90A.D.
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599 09