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HomeMy WebLinkAboutPD-86-90 TOWN OF NEWCASTLE r 18T87055 REPORT File # Zi) Res. # By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, March 5, 1990 18T-87055 REPORT #: PD- 86 -90 FILE #: (X-REF DEV 89-90 & O.P.A. 89-140/D/N) SUB.�CT: SUBDIVISION APPLICATION - SHOYCHET, HAAS & WAISGLASS GROUP PART LOT 7, BROKEN FRONT CONCESSION, FORMER TOWN OF BOWMANVILLE FILE: 18T-87055 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PD- 86 -90 be received; 2 . THAT the proposed Plan of Subdivision 18T-87055 revised and dated November 1988, as per Attachment No. 1, be APPROVED subject to the conditions contained in this Report; 3 . THAT a copy of this Report and Council's decision be forwarded to the Ontario Municipal Board for consideration by the board in the event said plan of subdivision is approved; 4 . 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; 5 . THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning Department. 6 . THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1. 1 Applicant: Shoychet, Haas & Waisglass Group . . .2 560 REPORT NO. : PD- 86 -90 PAGE 2 1.2 Subdivision Application: to permit the development of twelve ( 12) industrial lots 1. 3 Land Area: 18 . 19 Ha (44 .94 acres) 2 LOCATION 2 . 1 The subject property is located in Part Lot 7, Broken Front Concession, former , north of the Canadian Pacific Railway and the Ontario Hydro Corridor, and west of the above noted service road. 3 . 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 the Shoychet, Haas & Waisglass Group. The subject application proposed twelve (12) industrial blocks . 3 .2 On June 1, 1989 , the law firm of Goodman and Carr notified the Region of Durham as well as the Ontario Municipal Board that it wished to have the subject subdivision application referred to the Board. 3 . 3 In December 1989, the Town of Newcastle Planning and Development Department was advised of an application for Official Plan Amendment (89-140/D/N) submitted by Inducon Consultants of Canada Ltd. , to delete the proposed Highway 401 interchange at Lambs Road. 3 .4 On January 29, 1990, the same firm of Goodman and Carr requested the Minister of Municipal Affairs to have the Official Plan Amendment (89-140/D/N) referred to the Ontario Municipal Board. . . . .3 561 REPORT NO. : PD- II6 -90 PAGE 3 3 .5 The reason for the referral of the Plan of Subdivision and Official Plan Amendment were that the applicant is not prepared to set aside land within the plan of subdivision for the purpose of accommodating a future proposed Highway 401 and Lambs Road interchange as indicated in the Durham Regional Official Plan. 4 EXISTING AND SURROUNDING USES 4 . 1 The lands are predominantly vacant with no significant vegetation. 4 .2 Surrounding land uses include: North: Highway 401, and industrial designated lands; West: Registered and developed plan of subdivision ( 18T-87054) ; South: Ontario Hydro Corridor, C.P.R. line, vacant lands subject to development applications; East: Service Rd, vacant lands subject to development application 18T-87056 . 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 proposed subdivision appears to comply. 6 ZONING BY-LAW 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 . . . 4 5 62 REPORT NO. : PD- 86 -90 PAGE 4 zoning is divided for all intents and purposes to follow the proposed Lake Road extension. The 'M2 ' zone, 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 . The "M2 " zone is on the south side of Lake Road. The subdivision application appears to comply. 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 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 the cul-de-sacs be adjusted to 27 .5 metre radius; 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 intersection, the illumination or upgrading thereof on Lambs road, the existing south service road and Bennett road; that the developer be responsible to meet all the standard requirements of the Town. 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. . . . 5 41 fll �j vj REPORT NO. : PD- 86 -90 PAGE 5 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 the western portion of the site is prone to flooding under regional storm conditions . At existing elevations, portions of all blocks proposed for development (3 to 14) would be flood susceptible. A flood reduction plan which would permit development has been prepared by the applicant. The proposal requires the installation of culverts in the C.N.R. embankment. 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. 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 no objection to the proposed subdivision. It further 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 accession as well as obtain all the necessary approvals required by an Environmental Assessment. . . . 6 '� �� 4 REPORT NO. : PD- 86 -90 PAGE 6 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 Works Staff provided no objection to the application in principle noting that full municipal services were available to the site. They further outlined a number of conditions the applicant must fulfil prior to final approval. 8 STAFF COMMENTS 8 . 1 The purpose of this report is to deal with the application as revised and referred to the Ontario Municipal Board. The recommendation of Committee/Council will be forwarded to Board for their deliberation at the hearing. With respect to the Lambs Road interchange, it is noted that in October 1987, Council, in their deliberation of a related Official Plan Amendment (87-50/DIN) , indicated it's support for the deletion of the proposed Lambs Road Highway 401 interchange. Should the Board decide that the interchange be remained as shown on the Official Plan, revisions to the proposed subdivision will be required. 8.2 The proposed plan of subdivision provides a continuation of Lake Road and connects with the existing South Service road. Seven (7) of the proposed lots would have direct access to Lake road, while five (5) would gain access from the proposed court. The Lake road connection with the South Service road would result in increased traffic on the South Service road. Public Works Staff have advised that the applicant will be required to contribute to the upgrading of said road as impacted by this development. 8 . 3 Should the proposed plan be approved the Lake Road extension must be revised to reflect Town standards. In addition, any future . . . . 7 56 REPORT NO. : PD-86 -90 PAGE 7 development on any proposed lots would be subject to site plan approval and that the existing " (H) Holding" symbol would not be removed until the subdivision agreement has been registered. 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 red-line revised and subject to the conditions as attached hereto. Said conditions will be presented to the Ontario Municipal Board with a request to have the Town's conditions incorporated in the event the Board approved the said plan of subdivision. Respectfully submitted, Recommended for presentation to the Committee (IX j Fr klin Wu, M.C. I .P. Lax4±en ce . Kotseff DIrector of Planning Chief A �nistrative and Development Officer CP*FW*cc *Attach 26 February 1990 . . . .8 566 REPORT NO. : PD- 86 -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 . Alina Bridgeman 235 Yorkland Blvd. , Suite 1100 ILLOWDALE, Ontario M2J 4Y8 Shoyet, Haas, Waisglass Group c/o Yvonne Hamlin Goodman & Carr Suite 2300 200 King Street West TORONTO, Ontario M5H 3W5 Shoyet, Haas, Waisglass Group c/o Mr. M. Grossman Soberman, Isenbaum & Colomby 2 St. Clair Ave. East TORONTO, Ontario M4T 2G5 Mr. R. Soboltka Esquire Developments Ltd. 805 Lakeshore Blvd. East TORONTO, Ontario M4M 1B2 �� i) f DN: INDUCON.DRA CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION PLAN IDENTIFICATION 1. That this approval applies to draft Plan of Subdivision 18T-87055 prepared by Inducon Consultants Canada Ltd. dated (revised) November, 1988 (and further revised in red as per the attached plan) showing Blocks 3 to 14 inclusive for industrial use, Blocks 1 and 2 for Open Space, 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. In addition, the engineering design of the rural roadways shall incorporate and address Public Works Staff's concerns regarding the maintenance and aesthetics of a rural roadway. REQUIREMENTS TO INCLUDED IN SUBDIVISION AGREEMENT 5. 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. B. 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. . . .2 r) h -2- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENT TO BE INCLUDED IN SUBDIVISION AGREEMENT 10. That the ner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be uried underground. 11. That the Owne shall provide the Town, at the time of execution of the subdivision agre ent, Letters of Credit acceptable to the Town's Treasurer, with respect to Perfor nce Guarantee, Maintenance Guarantee, and other guarantees or deposit as may be required by the Town. 12. That prior to the issuan a of building permits, access routes to the subdivision must be provided to meet S bsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and by ants are fully serviced and the Owner agrees that during construction, fire ac ess routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Co , storage of combustible waste be maintained as per Subsection 2.4.1.1 and open b rning as per Subsection 2.6.3.4 of the Ontario Fire Code. 13. The Owner agrees that where the well r private water supply of any person is interfered with as a result of con truction or the development of the subdivision, the Owner shall at his expen e, 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 wa r enjoyed by the affected party prior to the interference. 14. That a site plan agreement be entered into prio to development of each industrial lot. 15. That it be registered on title that all buildings be setb ck a minimum of 14.0 m (45 ft. ) from the Highway 401 property line. 16. That the impact of this development on the existing Town road system which forms a transportation link to Highway 401, Bennett Road and 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 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 9 REPLACEMENT PAGES G.P.A. AGENDA MARCH 5 /90 -2- CONDITIONS OF. APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 10. That the Owner shall cause all utilities, including, hydro secondary, telephone secondary, Cable TV, etc. to be buried underground. 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. ...3 569 -3- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REOUIIWMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT CONT'D 18. Tha storm drainage and lot grading be undertaken to the satisfaction of the Dire or 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 illum'nation or upgrading of existing illumination on Lambs Road, the existing So th Service Road and Bennett Road. 20. That 0.3 m reserves a placed on Blocks 6, 7, 10 and 14 where they abut Lamb's Road. 21. That the applicant satis all the requirements of the Central lake Ontario Conservation Authority, fin cially or otherwise. 22. That the applicant satisfy all the requirements of Ontario Hydro, financially or otherwise. 23. That the applicant satisfy all the r quirements of the Ministry Transportation Ontario, financially or otherwise. 24. That the applicant satisfy all the requirem nts of the Canadian National Railway, financially or otherwise. -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 6, 7, 10 and 14 where they abut Lamb's Road. 20. That the applicant satisfy all the requirements of the Central lake Ontario Conservation Authority, financially or otherwise. 21. That the applicant satisfy all the requirements of Ontario Hydro, financially or otherwise. 22. That the applicant satisfy all the requirements of the Ministry Transportation Ontario, financially or otherwise. 23. That the applicant satisfy all the requirements of the Canadian National Railway, financially or otherwise. 570 AM i � 0, • fr �i/// '. �Wopo, �.e f z NOR Ow % % "'-�viii '=a=t#`ty a ��d/4a fir► or000 000 �% I 1p • • I .Iig7 1 HIGHWAY 2 THE KIN TOWN OF BOWMANVI LE,now in e OF NE[CASTLE I , TOWN 0 A.. zi BASELINE ROAD w) G;H )I/ y 401 A, 2.20 hP K 5 BLOCK 6 BLOCK 3 % S I...Mi LAKE ONMR10 KEY PLAN.. DRAFT PLAN OF PROPOSED SUBDIVISION PART OF LOT 7 IN THE A BROKEN FRONT CONCESSION BLOCK T PART OF LOTS 9.10.nMD ZT.U"AMLID-STREETS AND ALL OF lia AA LOTS II TO 25.BOTH INCLUSWE,ALL ACCORDING M THE CUSITT PLAN OF SUBDIVISION.MTO NOVEMBER 7,1056. FORM ERILY IN THE ­o TOWNOF BOWMANIALLE NOW IN THE BLOCK 4 TOWN OF NEWCASTLE METRIC SCALE 1-1000 BLOCK 8 4 AP. I AP AP. 1A ADDITIONAL INFORMATIC61 BLOCK 9 RED =)OFTHEI RAACT rota o 1 .11 1. . f.) AS SIgWN Ox mArt RAN OWNER'S AUTHORIZATION tP) PLAN % (a A�—A DO -PROPOSED BLOCK 10 "1 TI RA xlp WE .. (.1 —.1—USES' ­OROE IN—CORS—TS 4. i1 CA PO S-11 1.11 ONIARAO N- OR OR 1. ­—T PAPASAAL. IUT.1 RP.—A, j ` `��- /. EAST 1-14 IRMIS OF 'A" (,I AS­R DR.,.. 111 .1 I.W. pall IA. i"I AS—OR—11 RAM SR..... - ;1 .1 AD TILL OR A?,1. DRAFT 1. SURVEYORS—CEMI'"TE 11) ON IA. LOCK II I REAESY OERIFT —ST DDANDA."OF TIIE THAT TK LARD,`,D I VRRACAT DE SONEE.AS s TiAs ORA"NT PLI' 1AADS ARE—1-1 CONIIITLI BLOCK 12 INDUCON corisuLrANTs OF CANADA LTC. S ARCHITECTS ZkOl"IFERS PLANNERS BLOCK 13 O RELEVANT INFORMATION L44 A 0 At, D.ol.l.1 ADD.... I I.o ornwa .­YORK..—I. BLOCK 14 ': fX7ST/NG Bas A. I —TRIAL—11" "ORO R 0,IGHT DO AREA SOUTH I101IMANVIL LIE INDUSTI-PA RK 'R.' SHOYCHET,HAAS,WAISGLASS GROUP 11 1*1 Full" —A, A, _ONTARIO HYDRO ADS-_ A' A DRAFT PLAN OF 4027-SX-41 PROPOSED SUBDIVISION . .PLAN AS SUBMITTED I HWAY TOWN OF qqWMANV LE,now in e 2 k. 4 -NEWCASTLE 01 TOWN OF v _PASEL.INC ROAD �j NIGHWgy 401 Al.o -LL Z BLOCK I BLOCK 6 LAKE 01MR10 KEY PLAN �[r I� ' l �; DRAFT PLAN OF PROPOSED SUBDIVISION PARTOF IN THE BROKEN FRONT LOTT CONCESSION a BLOCK 7 PART Of LOTS 9.10.26AND27,UH-NAMED-STREETS AND ALL IX LOTS I I TO 25,BOTH INCLUSIVE,ALL ACCORDING TO THE co UBITT PLAN OF ITUDDIVISION,QATEO NOVEMBER 7,1056. rc FORMERLY IN THE Z�De,! TOWN OF BOWMANVILLE -tr NOW*I THE BLOCK 4 TOWN OF NEWCASTLE METRIC SCALE WOOD BLOCK 6 TIONAL WORMATION BLOCK 9 ADDIE.U— =Z)OF THE AuTHoN'Z.T-oN c (PI—T —Wic�——11 RE— BLOCK TO S msrnuL ECTIOI 5012 O�TK All AA NMI[[ wuE -H.—401 I.To 1.." 1.- M.IQ y- 19—T Wilt:=IJUT t I—STRIA1. OF It. UNN Ni_E— ... 'Al' —T I." �N —y 1-NN 1.MIT,I. BLOCK 11 F.:I'T II.Fl--- WRM093 CERTIFICATE 1.) .H.— -— I.T LLI�16 X ------ —TU` BLOCK la NC)UCC)N "I \j c)rjsuLrANTs OF CANADA LTb- -M&—L ARCHITECTS INGINIXI'll,• PLANNERS BLOCK 13 RELEVANT INFORMATION W B'OK A 0 .a t "IE C_T O.—'o —A- il—it 8 CK 14 .-TH Y... It Y. LO $10- —T OF M T-110—I.,.) SOUTH SOWMANVILLE INDUSTRIAL PARK "'Gtir W4), ..... SHOYCHET,HAAS,WAISGLASS GROUP ov . w. 4 -ONTARIO AS SHOWN NR o _ -t6 HYDRO ...... DRAFT PLAN OF 4027-SK-41 PROPOSED SUBDIVISION PLAN AS RED- LINE REVISED