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HomeMy WebLinkAboutPD-141-90 TOWN OF NEWCASTLE `•'�RCOES.GPA I 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 r 0 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$17E AREA 'EST•RESIOENTIA OWN OF NEWCASTLE NORTN•RELIDENiIAI EG t ONAL MUNICIPALITY OF DURHAM LAST-RESIDENT N•REGIONAL PIPED'ATG t ' 1-SANDY SILT TILL ' '�7j� C•ALL yUNicim SEIIVICES KEY PLAN I•two ' OWNER'S CERTIFICATE Q I HEREBY AUTHORi2E 111E SUBMISSION FOR APPROVAL Of THE PLAN Of PROPOSED SUBDIVISION � U VARCOE ROAD "AT c "2f•.' vucus Aow avunriu.r ui• I / j w ( or�aiac eTACCr Nir I I I I I I ONLRIe Q-71 2 SURVEYOR'S CERTIFICATE 444 I HLREIY CERT IfY THAI THE IWOMIEf Oi ENE 1.TO BE h/ /XO f I I I j.VIDEO AS SKIN oil THIS PLAN AND THEW RELATIONSHIP '~I 10 ADJACENT LAND$ARE AMIRAE£0 AND CW""SNOEN 0 I-� -- - 8 h , 4 t t O 4 CL 34.44 V —�— r--- — w 1 r Q NT[ a5 _ 1 1 '��lr_. S Q I ; 1 I X "`uh ' cr iol[v.N.w rulsc.N.w N.LT. � 1 O.tMle iTi[[i — I POSS IMY NTVIEAC ITS nkg 04un.OMiMw s LLK S FUl41E rI0A0�~\\•�''' ( I`i s• xµ Z 7. . �•` M IS.3'. a-■ — ALAO/•W[E AR T3 K. iLYl i,4 arc N .rMOV[a Rcvlslo.s AP PROVED APPROVED OCK I I IOR- T 1 �— .,_k -lnrccrar.POKT('VOARE3pA1TiILir iNi'a�' 73 PLAN PA T2 1 , `r E PART4 PART O M CORPORATION OF THE TOWN OF NEWCASTLE BLOCK 4 ——' Y I �— Lu AN , r1—�s IPLA r1u - �ss AN I z N ''� � DRAFT PLAN OF �N"' ° ioM�rss \ \46 144 I I 67 i 68 9 170 i ,1 72 PROPOSED SUBDIVISION U.G.Biddle b Associates UtOd CHERRY BL 0 OM CRESC T 1' ��••••••,•� NAt[• I•rN 99040 / 3�= M..M.Y• YC.O 7�— �J ucum m o c.i. A Via OAi[. •INe