HomeMy WebLinkAboutPD-87-90 TOWN OF NEWCASTLE
1BT87056 REPORT Fi le #
Res. #
By-Law #
METING: General Purpose and Administration Committee
DATE: Monday, March 5, 1990
REPORT #: PD- 87 -90 FILE #: 18T-87056 (x-ref O.P.A. 89-140/D/N)
SUBJECT: SUBDIVISION APPLICATION - OCEANFRONT DEVELOPMENT LTD
PART LOT 6, BROKEN FRONT CONCESSION, FORMER TOWN OF BOWMANVILLE
FILE: 18T-87056
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD- 87 -90 be received;
2 . THAT the proposed Plan of Subdivision 18T-87056 revised and dated
September 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 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: Oceanfront Developments Ltd.
1.2 Subdivision Application: to permit the development of six ( 6)
industrial lots
1. 3 Land Area: 14 . 84 Ha (36 . 68 acres) . . .2
Z1
REPORT NO. : PD- 87 -90 PAGE 2
2 . BACKGROUND
2 . 1 In July of 1987 the Town of Newcastle Planning and Development
Department was advised by the Region of Durham Planning Department
of an application for proposed plan of subdivision submitted by
Inducon Consultants of Canada Limited, on behalf of Oceanfront
Developments Ltd. The subject application proposed twelve (12)
industrial blocks, on the south side of highway 401, between Lambs
Road and Bennett Rd. The application has since been revised to
propose six (6) larger industrial blocks .
2 .2 The application was one of three (3) industrial subdivision
applications received at that time. The applications were all
adjacent to each other and extended from Port Darlington Blvd. to
halfway between Lambs Rd. and Bennet Rd.
3 LOCATION
3 . 1 The subject property is located in Part Lot 6, Broken Front
Concession, former Town of Bowmanville. The subject site is south
of Highway 401, east of Lambs Road, north of the Canadian Pacific
Railway and the Ontario Hydro Corridor, and west of Bennet Road.
4 EXISTING AND SURROUNDING USES
4 . 1 The lands are currently vacant.
4 .2 Surrounding land uses include:
North: Highway 401, and industrial designated lands;
West: Registered plan of subdivision ( 10M-831) and proposed Plan
of Subdivision ( 18T-87055) ;
South: Ontario Hydro Corridor, C.P.R. line, vacant lands subject
to development applications;
East: Vacant lands designated industrial and Bennett Road.
3
j11� 5 . . . .
REPORT NO. : PD- 87 -90 PAGE 3
5 OFFICIAL PLAN POLICIES
5 . 1 Within the Durham Region Official Plan the subject lands are
designated "Industrial" . The predominant use of lands so
designated may be for manufacturing, warehousing, assembly and
processing. The application for an industrial plan of subdivision
would appear to comply.
5.2 Within the Town of Newcastle Official Plan the subject lands are
also designated "Industrial" . The subject application appears to
comply.
6 ZONING BY-LAW PROVISIONS
6 . 1 Within the Town of Newcastle Comprehensive Zoning By-law 84-63, as
amended, the subject property is zoned "General Industrial -
Holding ( (H)M2) " and "Light Industrial - Holding ( (H)Ml) . The
zoning is divided for all intents and purposes to follow the
proposed Lake Road extension. The 'M2 ' zone, on the south side of
the Lake Road extension, in addition to permitting all the uses
listed in the 'M1' zone, also allows outside storage of goods and
materials . This is the most significant difference between the two
(2) zones .
7 AGENCY COMMENTS
7 . 1 In accordance with departmental procedures, the subject application
was circulated to a number of agencies and departments for comments
and conditions of approval if any. The following
agencies departments in providing comments, offered no objections
to the application as submitted: Newcastle Hydro Electric
Commission; the Ministry of the Environment; and the Ministry of
Natural Resources.
7 .2 The Town of Newcastle Public Works Department have provided the
. . .4
576
REPORT NO. : PD- 87 -90 PAGE 4
following comments as a result of their review of the subject
application: the rural cross section is to be designed to
satisfaction of the director of Public Works; the impact of this
development on the existing Town road system be assessed and the
developer contribute to the reconstruction of the roads impacted
by this development; that a storm drainage report to the
satisfaction of the director be submitted; that the developer bear
the cost 100% of all works associated with the reconstruction of
the Lambs Road Lake Road interchange, the illumination or upgrading
thereof on Lambs road, the existing south service road and Bennett
road; that proposed road 'A' be reduced to a cul-de-sac in
compliance with Public Works standards; and that the developer be
responsible for all the standard requirements .
7 .3 The Town of Newcastle Community Services Department advised that
as a condition of approval the applicant will be required to pay
to the Town the equivalent of two percent (2%) cash-in-lieu of
parkland dedication.
7 .4 The Town of Newcastle Fire Department Staff advised there would be
no objection from the department provided all development complied
with the requirements of the Building Code and Fire Code.
7 .5 The Central Lake Ontario Conservation Authority advised that they
have no objection to the application, although they suggest that
a cash contribution be made to the Town for creekbank erosion
control south of the C.N.R. The Authority is prepared to support
approval subject to conditions, one of which is to obtain
C.L.O.C.A. approval of a hydraulic analysis of the respective
watershed, given current official plan designations . As well no
on site grading, filling or construction shall occur without
written approval of the Authority.
. . . .5
`D � �
REPORT NO. : PD- 87 -90 PAGE 5
7 . 6 Ontario Hydro review of the application provided no objection
although a number of conditions were put forth. Drainage and
grading plans must be submitted to Ontario Hydro for review and
approval; temporary fencing must be installed delineating the right
of way prior to construction, to be replaced with permanent fencing
after construction is completed; Ontario Hydro lands are not to be
used without prior permission and relocation of Hydro facilities
resulting from this development will be borne by the developer.
7 . 7 Ministry of Transportation has not provided any objection to the
submission. Ministry Staff advised that all buildings will require
a minimum distance of 14 metres (45 feet) from the highway property
line and permits will be required for all buildings within 395
metres ( 1300 ft) of the centre point of the highway and Lambs road,
in addition, that the stormwater management report and drainage
plan be submitted to M.T.O. for approval. The Ministry also
advised that they had no plans to acquire any lands for a future
Lambs road interchange. However, as the Region of Durham is the
proponent of this possible interchange, it will be the Regions
responsibility to undertake the property protection and acquisition
as well as obtain all the necessary approvals required by an
Environmental Assessment. It is noted that if the proposed
interchange at Lambs Road and Highway 401 proceeds, the application
has made allowances for it.
7 .8 The Canadian National Railway Staff commented they had no objection
to the proposal in principle, however, as a condition of approval
the applicant must receive concurrence from the railway with
regards to any proposed drainage alterations to the existing
drainage pattern affecting Railway property.
7 . 9 Regional Public Works Staff provided no objection to the
application in principle noting that full municipal services were
available to the site. The Region outlined a number of conditions
the applicant must fulfil prior to final approval.
. . . .6
REPORT NO. : PD- 87 -90 PAGE 6
8 STAFF COM MNTS
8 . 1 The application is proposing to develop an industrial Plan of
Subdivision with six (6) blocks for development. The application
would appear to comply with the Durham Regional Official Plan
policies as well as the Town of Newcastle Official Plan. In
addition the proposed lots comply with the provisions of the Town's
Comprehensive Zoning By-law 84-63, as amended.
8. 2 The proposed plan of subdivision provides a continuation of
Lake Road and connects with the Lambs Road and the existing
South Service road. In reviewing the subject application it
is noted that the lands current only access is from the South
Service Road and eventually to Bennett Road. In consideration
of this, and the fact that said proposal may proceed in
advance of adjacent lands to the west ( 18T-87055) , it is
recommended that the applicant be required to contribute to
the upgrading of Lambs Road, the South Service Road and
Bennett Road to the satisfaction of the Director of Public
Works . Should this not be acceptable the subject development
should not proceed until such time as Lake Road is connected
to Bennett Road.
8. 3 At such time as the Lake Road extension is constructed to
connect with Bennett Road, the need for the South Service Road
will become redundant. It is suggested that at such time that
Lake Road is extended to Bennett Road, the South Service Road
should be closed and conveyed in accordance with Town policy.
8.4 In consideration of the above-noted comments to close and
. . .7
J7a
REPORT NO. : PD- 87 -90 PAGE 7
convey the South Service Road road allowance, there is no need
for road 'A' as proposed to extend to the top end of the
subject property. It is therefore recommended that road 'A'
be redesigned as a cul-de-sac, thereby allowing a greater
utilization of the industrial lands.
8.5 Other revisions to the plan include placement of one foot (0. 3
metre) reserves on blocks 1, 5 and 6 where they abut either
Lambs Road or the South Service Road. The temporary turning
circle be revised to a 27 .5 metre radius and that 9 . 0x9 .0
metre sight triangles be provide at all intersections.
8 . 6 All of the proposed lots would appear to satisfy the zoning
requirements, and the existing 'Holding (H) ' prefix would be
removed when the subdivision agreement is registered. Any
future development on the proposed industrial lots would be
subject to site plan approval .
9 CONCLUSION
9 . 1 In consideration of the above noted comments, Planning Staff
would have no objection to the approval of the Plan of
Subdivision 18T-87055, as revised and as further red-line
revised, subject to the conditions of approval attached
hereto.
Respectfully submitted, Recommended for presentation
to t e Committee
Franklin Wu, M.C. I .P. L wren /e, Kotseff
DIrector of Planning Chief A , istrative
and Development Officer
CP*FW*cc
*Attach
26 February 1990
. . . . 8
580
REPORT NO. : PD- 87 -90 PAGE 8
Interested parties to be notified of Council and Committee's
decision:
Oceanfront Development Ltd.
115 Simcoe Street
OSHAWA, Ontario
L1H 4G7
Inducon Consultants of Canada Limited
Ms. A1ina Bridgeman
235 Yorkland Blvd. ,
Suite 1100
WILLOWDALE, Ontario
M2J 4Y8
X81
DN: INDU.DRA
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
PLAN IDEN11FICATION
1. That \ined l applies to draft Plan of Subdivision 18T-87056 prepared by
Inducts Canada Ltd. dated (revised) September, 1989 (and further
reviss per the attached plan) showing Blocks 1 to 6 inclusive for
indusopment, and various blocks for reserve, road widening, site
trianFINAL PLAN
2. That all streets wit 'n of Subdivision shall be dedicated as public
highway and shown afinal plan.
3. That all streets sh the satisfaction of the Town of Newcastle and
shown on the final
REQUIREMENTS TO BE SATISFUBDIVISION AGREEMENT
4. That the Owner shall retain a pro ssional engineer to prepare and submit a
Master Drainage and Lot Grading Plan the Director of Public Works for review
and approval. All plans and drawings mu t conform to the Town's Design Criteria
as amended from time to time.
REQUIREMENTS TO INCLUDED IN SUBDIVISION AGREEMENT
5. That the Owner shall enter into a Subdivision Ag Bement with the Town and agree
to abide by all terms and conditions of the own's standard subdivision
agreement, including, but not limited to, the requi ements that follow.
6. That all easements, road widening, and reserves as re ired by the Town shall
be granted to the Town free and clear of all encumbrance
7. That the Owner shall pay to the Town at the time of execution f the subdivision
agreement, two percent (2%) cash-in-lieu of parkland dedicatio .
8. That the Owner shall pay to the Town, at the time of execution of th Subdivision
Agreement, any charges in effect at the time of execution and furthe agrees to
abide by the Town's payment schedule as amended from time to time.
9. That the Owner shall provide and install street lights, temporary turning ci cles
etc. as per the Town's standards and criteria. \�
10. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV,
etc. to be buried underground. . . .2
582-
REPLACEMENT PAGES
G.P.A. AGENDA - MARCH 5 /90
DN: INDU.DRA
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
PLAN IDENTIFICATION
1. That this approval applies to draft Plan of Subdivision 18T-87056 prepared by
Inducon Consultants Canada Ltd. dated (revised) September, 1989 (and further
revised in red as per the attached plan) showing Blocks 1 to 6 inclusive for
industrial development, 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 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 INCLUDED IN SUBDIVISION AGREEMENT
S. 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.
6. That all easements, road widening, and reserves as required by the .Town shall
be granted to the Town free and clear of all encumbrances.
7. That the Owner shall pay to the Town at the time of execution of the subdivision
agreement, two percent (2%) cash-in-lieu of parkland dedication.
8. That the Owner shall pay to the Town, at the time of execution of the Subdivision
Agreement, any 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.
9. That the Owner shall provide and install street lights, temporary turning circles .
etc. as per the Town's standards and criteria.
10. That the Owner shall cause all utilities, including, hydro secondary, telephone
secondary, Cable TV, etc. to be buried underground. ...2
582
-2-
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
RE IIIREME S TO BE INCLUDED IN SUBDIVISION AGREEMENT
11. That t e 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 t Performance Guarantee, Maintenance Guarantee, and other guarantees
or deposit may be required by the Town.
12. That prior to t e issuance of building permits, access routes to the subdivision
must be provided o meet Subsection 3.2.5.2(6) of the Ontario Building Code and,
that all watermain 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 a d open burning as per Subsection 2.6.3.4 of the Ontario
Fire Code.
13. The Owner agrees that where he 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 is expense, either connect the affected party
to municipal water supply system provide a new well or private water system
so that water supplied to the affec ed party shall be of quality and quantity
at least equal to the quality and quan 'ty of water enjoyed by the affected party
prior to the interference.
14. That a site plan agreement be entered into prior to development of each
industrial lot.
15. That it be registered on title that all buildin s be setback a minimum of 14.0
m (45 ft. ) from the Highway 401 property line.
16. That the impact of this development on the existing To n road system which forms
a transportation link to Highway 401, Bennett Road a Highway 2 be assessed
and based on the above, the developer should contribute to the reconstruction
of the roads impacted by this development to the satisfac ion of the Director
of Public Works.
17. That the road allowance width be adjusted to the satisfaction f the Director
of Public Works to reflect a rural cul-de-sac R.O.W. of 27.5 m ra us, and that
sight triangles at all intersections are provided accordingly.
. . .3
58J
-2-
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT .
11. 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, and other guarantees
or deposit 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. 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.
14. That a site plan agreement be entered into prior to development of each
industrial lot.
15. That it be registered on title that all buildings be setback a minimum of 14.0
m (45 ft.) from the Highway 401 property line.
16. That the developer shall contribute to the improvement of the roads impacted by
this development to the satisfaction of the Director of Public Works.
17. That the road allowance width be adjusted to the satisfaction of the Director
of Public Works to reflect a rural cul-de-sac R.O.W. of 27.5 m radius, and that
sight triangles at all intersections are provided accordingly.
. ..3
583
-3-
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D)
18. Th t storm drainage and lot grading be undertaken to the satisfaction of the
Dire for of Public Works.
19. That the developer bear the costs (100%) of the following works which would be
necessitat d as a result of this development:
a) The re onstruction of the intersection of the Lake Road extension and Lambs
Road.
b) The illumi ation or upgrading of existing illumination on Lambs Road, the
existing So th Service Road and Bennett Road.
20. That 0.3 m reserves b placed on Blocks 1, 5 and 6 where they abut Lamb's Road
or the South Service Ro d.
21. That Road "A" be re-design d to form a cul-de-sac to the satisfaction of the
Director of Public Works.
22. That the applicant satisfy all he requirements of the Central lake Ontario
Conservation Authority, financiall or otherwise.
23. That the applicant satisfy all the re uirements of Ontario Hydro, financially
or otherwise.
24. That the applicant satisfy all the requirem is of the Ministry Transportation
Ontario, financially or otherwise.
25. That the applicant satisfy all the requirements of a Canadian National Railway,
financially or otherwise.
� a �
-3-
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D)
18. That storm drainage and lot grading be undertaken to the satisfaction of the
Director of Public Works.
19. That 0.3 m reserves be placed on Blocks 1, 5 and 6 where they abut Lamb's Road
or the South Service Road.
20. That Road "A" be re-designed to form a cul-de-sac to the satisfaction of the
Director of Public Works.
21. That the applicant satisfy all the requirements of the Central lake Ontario
Conservation Authority, financially or otherwise.
22. That the applicant satisfy all the requirements of Ontario Hydro, financially
or otherwise.
23. That the applicant satisfy all the requirements of the Ministry Transportation
Ontario, financially or otherwise.
24. That the applicant satisfy all the requirements of the Canadian National Railway,
financially or otherwise.
584
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