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HomeMy WebLinkAboutPD-140-90 -11OU TOWN OF NEWCASTLE DN: PARKSIDE REPORT File # Res. # .,�:'�: .�-�• By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, April 23, 1990 REPORT #: PD- 140-90 FILE #: 18T-89008 SUBJECT: APPLICATION FOR SUBDIVISION APPROVAL - PARKSIDE PROPERTIES PART LOT 34, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILE: 18T 89008 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-140 -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-89008 dated January 1989, subject to the conditions of draft approval contained in Attachment No. 1 to this report; 3 . THAT the Mayor and Clerk be authorized, by by-law, to execute a Subdivision Agreement between the Owner of the proposed Draft Plan of Subdivision 18T-89008 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 Council approve an exchange of lands in order to facilitate the provision of a municipal roadway through application 18T-89008 and that the appropriate Offers of Purchase and Sale and subsequent registration be completed at the applicant's expense; 5 . THAT the Mayor and Clerk be authorized to execute the Purchase and Sale Agreement with respect to the land exchange and subsequent registration between Parkside Properties Inc. and the Corporation of the Town of Newcastle; and 6 . THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning Department and the interested parties listed in this report. X9 `) 1 . . . .2 REPORT NO. : PD- 140-90 PAGE 2 1. APPLICATION DETAILS 1. 1 Applicant: Parkside Properties Inc. 1.2 Subdivision Application: Creation of six semi-detached/link lots for a total of twelve units. 1.4 Area: . 6077 hectares ( 1.5 acres) 2 . BACKGROUND 2 . 1 In January of 1989 , the Town of Newcastle Planning and Development Department was advised by the Region of Durham of an application for approval of a plan of subdivision submitted by D. G. Biddle and Associates Limited, on behalf of Parkside Properties Incorporated. The subdivision application proposes the creation of six semi- detached/link lots for a total of twelve units . 2 .2 The proposal is situated on a . 6077 hectare (1.5 acre) parcel of land located on the east side of Varcoe Road approximately 86 metres (282 ft. ) north of Highway # 2 but is more formally described as Part Lot 34, Concession 2 in the former Township of Darlington. 3 SURROUNDING LAND USE 3 . 1 The subject property is bounded by Cherry Blossom Park to the east, single family dwellings to the west and vacant land to the north and south although the vacant property to the north is the subject of an application for a plan of subdivision ( 18T-89066) . 4 . OFFICIAL PLAN CONFORMITY 4 . 1 Within the Durham Regional Official Plan, the subject property is designated as a Residential Area. The primary use of lands so 599 q . . . . 3 REPORT NO. : PD- 140-90 PAGE 3 designated shall be for residential purposes . In view of the foregoing, the application would appear to comply with the Durham Regional Official Plan. 4 .2 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 . 6077 hectare ( 1.5 acre) parcel at an overall density of 34 .81 units per net residential hectare which falls within the medium density range as defined by the Town of Newcastle Official Plan. 4 . 3 The Neighbourhood Development Plan for Courtice West does not identify specific areas for medium and high density development in order to permit greater flexibility in subdivision design. It is intended that Medium Density residential development be located adjacent to existing low density residential areas and near facilities such as parks . 4 .4 In view of the foregoing, it would appear that the application does not offend the intent of the Town of Newcastle Official Plan. 5 . ZONING BY-LAW CONFORMITY 5. 1 The Town of Newcastle Comprehensive Zoning By-law 84-63 zones the subject property Urban Residential Type One (R1) . As residential uses of the size and magnitude proposed in the current application are permitted in the Urban Residential Type One (R1) zone, an amendment to the zoning by-law is not required. 6 . AGENCY COMMENTS 6 . 1 The application for a proposed plan of subdivision was circulated 599 Zu 4 . . . . REPORT NO. : PD- 140-90 PAGE 4 to various agencies by the Durham Regional Planning Department. Subsequently, the Town of Newcastle undertook a limited internal circulation. The following provides a brief synopsis of the comments received relating to the proposed plan of subdivision. 6 .2 The Community Services Department has reviewed the subject application and has no objection to its approval. However, the Community Services Department notes that the applicant will require a portion of Cherry Blossom Park in order to provide a road allowance of 20 metres (65 . 61 ft. ) . Therefore, the Community Services Department recommends that the municipality exchange a portion of Cherry Blossom Park for an equivalent sized portion of Block 7 in proposed draft plan of subdivision. The remaining portion of Block 7 could then be utilized by the applicant to satisfy the parkland dedication requirement with remaining portion of the requirement being accepted as cash-in-lieu. 6 . 3 The Town of Newcastle Public Works Department has reviewed the subject application and have no objection to the approval of the proposed plan of subdivision, subject to the provision of several regulating conditions . 6 .4 The balance of the circulated agencies which provided comments were the Town of Newcastle Fire Department, the Regional Works Department, the Central Lake Ontario Conservation Authority, the Ministry of Transportation, the Ministry of Natural Resources, the Ministry of the Environment, Ontario Hydro, the Public School Board and the Separate School Board. None of the aforementioned agencies have provided objectionable comments with respect to the subject application. 7 . STAFF COMMENTS 7 . 1 The Planning and Development Department has reviewed the proposal in relation to the Town of Newcastle Official Plan and the Town of Newcastle Comprehensive Zoning By-law 84-63 . . . . .5 599 21 REPORT NO. : PD-140 -90 PAGE 5 7 .2 Section 6 . 1.2 (iv) (d) of the Town of Newcastle Official Plan has established policies for Medium and High Density residential development and states that proposals for higher density developments shall be located: (a) in proximity to facilities and services including shopping, school, parks and transportation. (b) on sites whose amenities or other physical attributes are suitable for medium and high density uses . (c) where there is minimum physical and/or adverse effect on adjacent uses and surrounding areas . 7 . 3 As the subject property is located adjacent to an arterial roadway, and a municipal park, the Planning and Development Department is of the opinion that the development of the subject property as a medium density use would comply with the medium density residential development policies as stated in the Town of Newcastle Official Plan. 7 .4 Furthermore, the semi-detached/link lots proposed by the applicant comply with the zoning by-law's minimum lot frontage and minimum lot area requirements . Therefore, the proposed plan of subdivision should blend in with the existing residential area without impairing any adverse impact upon the surrounding area. 7 .5 In addition, the Planning and Development Department considers the proposed medium density use as an appropriate buffer between the commercially zoned property on Highway # 2 and the existing low density residential uses to the north of the subject property. 7 .6 However, as stated earlier, the applicant will require a portion of Cherry Blossom Park in order to provide a road allowance of 20 metres (65 . 61 ft. ) . The Planning and Development Department suggests that the municipality deed approximately 100 square metres ( 1076 . 92 sq. ft. ) of Cherry Blossom Park to the applicant in exchange for Block 7 in the proposed draft plan of subdivision 599 �_ 2 . . . .6 REPORT NO. : PD-140-90 PAGE 6 which has a lot area of approximately 226 square metres (2432 .7 sq. ft. ) . As Block 7 is approximately 126 square metres (1356 .29 sq. ft. ) larger than the parcel the applicant will obtain from the municipality, the applicant would then provide the Town with 5% cash-in-lieu of parkland dedication minus the value of the remaining 126 square metres ( 1356 .29 sq. ft. ) of Block 7 on the day prior to the proposed draft plan of subdivision receiving draft plan status. 7 . 7 However, the Planning and Development Department recommends to the Committee that the appropriate Offers and Purchases of Sales and the subsequent registration should take place at the applicants expense. 8. CONCLUSION 8 . 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. Respectfully submitted, Recommended for presentation to the Committee l Franklin Wu, M.C. I .P. Lawrence , Kotseff Director of Planning Chief Admi istrative and Development Officer WM*FW*cc *Attach 9 April 1990 Interested parties to be notified of Council and Committee's decision: Bob Annaert D. G. Biddle & Associates Ltd. Parkside Properties Inc. 96 King Street East 1500 King Street East OSHAWA, Ontario L1H 1B6 BOWMANVILLE, Ontario L1C 3K7 599 24; DN: PARKSIDE CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION PLAN IDENTIFICATION 1. That this approval applies to draft Plan of Subdivision 18T-89008 prepared by D. G. Biddle and Associates Limited dated January, 1989 showing Lots 1 to 6 inclusive for semi-detached or linked dwellings, Block 7 for park, 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 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. 6. 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. REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 7. 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. 8. That all easements, road widening, and reserves as required by the Town shall be granted to the Town free and clear of all encumbrances. . . .2 599 24 -2- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT-D) 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. That the applicant/owner agrees to an exchange of land with the municipality. The applicant/owner agrees to acquire the necessary amount of land from Cherry Blossom Park in order to provide a road allowance of 20 metres (65.61 ft. ) . The applicant/owner further agrees to deed to the Town an equivalent portion of Block 7 in the proposed draft plan of subdivision. The remaining portion of Block 7 could then be used to satisfy the parkland dedication requirement of the Planning Act with the balance of the 5% requirement being provided as cash-in- lieu. 59 ,E 3 � �� . . . -3- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) 16. That the .3 m reserve and site triangle be dedicated to the Town as shown on the draft plan. 17. That the applicant/owner will bear the costs (100%) of any works on Varcoe Road which are necessitated as a result of this development. (ie: intersection improvements, turning lanes, utility relocation, ditch grading, sodding, etc. ) 18. That the applicant/owner contributes to the costs of reconstructing/upgrading Varcoe Road in accordance with Town Policy. 19. That the applicant/owner provide a cash contribution for sidewalks and illumination an Varcoe Road. 20. That no building permit be issued on Lot 6 until such time as the temporary turning circle is removed and development proceeds to the north. 21. That the applicant/owner reimburse the Town for the costs of the storm sewer oversizing on Bridle Court to facilitate this development 22. That the applicant/owner reimburse Redesco Inc. for the costs of the storm sewer oversizing on Bridle Court to facilitate this development. 23. That the applicant/owner meet all other requirements of the Public Works Department, financial and otherwise. 24. That the applicant/owner agrees to obtain, prior to the commencement of site preparation, including the rough grading of roads, the approval of the Central Lake Ontario Conservation Authority of a grading and erosion control plan which provides for the on-site containment of sediment. 25. That the applicant/owner agrees to carry out or cause to be carried out, in accordance with Central Lake Ontario Conservation Authority approval, site grading and sediment control measures. 5 9 9 ) 6 op AV Wa X1,1 06 N . r sa O.K ! ...�._.._� v . .w ..r ✓ ♦` M TAN rs cl y?:G ,��•V• •=jar e;..tA ''�i,!'::4. 12 PAR T4 PA R v k_�;lr'�r,,J ;.?,}T�x�Frr ,��TiXS;,'�.•„�f,��f',S;r. r• t !. re. � ��•;• yi 'i",• sd�`,, b ''>Z+^Iu a,^'.'..:•' i r.. 4.y,sf n` t. '.r� � gT^:•i` 'r'.F '.i F•"•u�,y�u,L',., R• y-1 1+... • � ., �' ,t. .r;) •d,l$ o�b':'i•u+i3�_V:�:, T�^:+-• )�"'1:, t•a.'':`.<`rye. •r 't" +d Y _;•.:� �,k .`f' 'Y'.}+JI i^1�S1 � r,7f-'.�.,:.(•.'.i,�,H`l1n"S«: '�''��'� Y r'FJ L'�.s • �� X. :.a7',,•,;j!� t� t��;^ rr �1�,.�-.,, !r,. t j r k�>`C�C�}o,��1 `)-F,, �#�+. �``,+�y',[ ,` :NY`yy�•r i„}'4'��''•+JJ t...ry+�'J`I. 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