HomeMy WebLinkAboutPD-141-90 TOWN OF NEWCASTLE
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REPORT
File # �• '��
Res. #
By-Law #
MEETING: General Purpose and Administration Committee
DATE: April 23, 1990
REPORT #: PD- 141-90 FILE #: 18T-89066
SUBJECT. APPLICATION FOR .SUBDIVISION APPROVAL
VARCOES ROAD DEVELOPMENT LTD.
PART LOT 34, CONCESSION 2, FORMER TWP. OF DARLINGTON
FILE: 18T-89066
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-141-90 be received;
2 . THAT the Region of Durham be advised that the Town of
Newcastle recommends approval of the Draft Plan of Subdivision
18T-89066 dated May 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-89066 and 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; and
4 . THAT a copy of this report be forwarded to the Region of
Durham and the interested parties attached hereto.
1. APPLICATION DETAILS
1. 1 Applicant: Varcoe Road Developments Ltd.
1.2 Subdivision Application: Creation of six semi-detached/link
lots for a total of twelve units .
5 9i 2 >
REPORT NO. :PD- 141-90 PAGE 2
1. 3 Area: .415 hectares ( 1.025 acres)
2. BACKGROUND
2 . 1 In July of 1990, 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 Varcoe
Road Developments Limited. The subdivision application
proposes the creation of six semi-detached/link lots for a
total of 12 units .
2 . 1 The proposal is situated on a .415 hectare ( 1. 025 acres)
parcel of land located on the east side of Varcoe Road,
approximately 135 metres (442 feet) 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 surrounded by residentially developed
property to the north, east and west. Lands to the south are
currently vacant but are the subject of an application for a
Plan of Subdivision (18T-89008) .
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 designated shall be for residential purposes . In view of
the foregoing, the application would appear to comply with
the Durham Regional Official Plan.
599 '50
REPORT NO. : PD- 141-90 PAGE 3
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 .415 hectare ( 1. 025 acres) parcel at an overall
density of 31 .91 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 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 (Rl) . 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.
i� 7 �i J �
REPORT NO. :PD- 141-90 PAGE 4
6. AGENCY COMMENTS
6 . 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 internal circulation. The following provides a
summary of comments received to date.
6 .2 The Town of Newcastle Community Services Department has
reviewed the proposed Plan of Subdivision and has no objection
to its approval subject to the parkland dedication requirement
being accepted as cash-in-lieu with funds realized being
credited to the Parks Reserve Account.
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 regulatory 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, the Separate
School Board and Ontario Hydro. None of the aforementioned
agencies have provided objectionable comments with respect to
the subject application. The Public School Board has yet to
respond to the regional circulation of the proposed Plan of
Subdivision.
� 9 �i 32
REPORT NO. : PD- 141-90 PAGE 5
7. STAFF C01�MNTS
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 .
7 .2 Section 6 . 1.2(iv) 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, schools, 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 area.
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 The applicant, however, is proposing a frontage of 19 . 79
metres (64 .92 ft. ) and 17 . 79 metres (58 . 36 ft. ) for Lots 1
and 6 respectively. As corner lots, zoning By-law 84-63
requires a minimum frontage of 20 metres (65 .91 ft. ) for both
Lots 1 and 6 . In addition, the applicant proposes a frontage
of 17 . 79 metres (58 . 36 ft. ) for Lots 2 to 5, whereas Zoning
by-law 84-63 requires a minimum frontage of 18 metres (59 .05
ft. ) for and interior semi-detached/link lot. The applicant
9 ;�
REPORT NO. : PD-141 -90 PAGE 6
intends to obtain Committee of Adjustment approval for the
reduced frontages in order to create the proposed six (6)
lots .
7 .5 Staff is of the opinion that applications to the Committee of
Adjustment should result only when a hardship exists in that
the applicant cannot meet the requirements of the Zoning By-
law. In this scenario, the Planning and Development
Department is of the opinion that the applicant would be
requesting the minor variance as a matter of convenience.
Each of the variances, on its own merits, may appear to be
minimal. However, since the applicant requires a variance for
each of the six lots within the proposed plan of subdivision,
Staff is of the opinion that the applicant is attempting to
over-develop the subject property. As a result, Staff has
red-lined the proposed Plan of Subdivision in order to provide
five (5) semi-detached/link lots which satisfies the lot
frontage requirement of Zoning By-law 84-63. Therefore, the
need for a variance to the municipalitiy's Zoning By-law is
eliminated.
8. CONCLUSION
8 . 1 In consideration of the comments contained within this report,
the Planning and Development would have no objection to the
approval of the proposed Plan of Subdivision, as revised in
red, subject to the conditions of draft approval as contained
in Attachment No. l annexed hereto.
599 ) 4
REPORT NO. : PD-141-90 PAGE 7
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C. I .P. LawrencF \Kotseff
Director of Planning Chief A istrative
and Development Officer 1
WM*FW*df
*Attach
10 April 1990
Interested parties to be notified of Council and Committee's
decision:
D.G. Biddle & Associates Ltd
96 King Street East,
Oshawa, Ontario. L1H 1B6
Att: Bob Annaert
Varcoe Road Developments Ltd.
172 King Street East,
Oshawa, Ontario. MH 1B6
599 � :�
DN : VARCOES.DRA
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
PLAN IDENTIFICATION
1. That this approval applies to draft Plan of Subdivision 18T-89066
prepared by D.G. Biddle and Associates Limited dated May 1989
(revised in red as per the attached plan) showing 5 lots for semi-
detached or linked 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 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.
599 36
2 -
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D1
9. 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 for residential development.
10. 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.
11. That the Owner shall provide and install sidewalks, street lights,
temporary turning circles etc. as per the Town's standards and
criteria.
12. That the Owner shall cause all utilities, including, hydro,
telephone, Cable TV, etc. to be buried underground.
13. 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.
14. 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.
15. 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.
16. That the .3 metre reserve and site triangle be dedicated to the Town
as shown on the draft plan.
599 37
3 -
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D)
17. That the applicant/owner will bear the costs 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) .
18. That the applicant/owner contribute to the cost of
reconstructing/upgrading Varcoe Road in accordance with Town policy.
19. That the applicant/owner provide a cash contribution for sidewalks
and illumination on Varcoe Road.
20. That the applicant construct Dale Park Drive to the north limit of
Block 8 then be reimbursed for actual road cost by the owner of
Block 73 in Registered Plan 1OM-766.
21. That the applicant/owner reimburse the Town for the costs of the
storm sewer over-sizing on Nash Road 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 no building permit be issued to any lot which is adjacent to
the temporary turning circle until such time as development proceeds
to the north.
24. That the applicant/owner meet all the requirements of the Public
Works Department, financial or otherwise.
25. 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.
26. 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.
599 38
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ADDITIONAL INFORMATION REQUIRED UNDER
RAFT PLAN OF PROPOSED SUBDIVISION I V i S i ON SCHEDULE OF LAND USE 0.7 w SECTION SO OF THE PLANNING ACT
LOTS 1 TO S
>,RT OF SOT 34. CONCESSION 2 ROAD ALLO'AAK['LOCKf P.i 0.0703 f"" 0-SEMI-DETACHED D'RLINCS.RESIOENTi/1
ORYERLY THE TOWNSHIP Of DARLINGTON) 0•.IS w E•SOUTH•RESIDENTIAL
TOTAL$17E AREA 'EST•RESIOENTIA
OWN OF NEWCASTLE
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