HomeMy WebLinkAboutPD-168-90 TOWN OF NEWCASTLE
` DN: 18T89072 REPORT File # .��%/ ;
DD 17
/�`� Res. # _?n
By-Law #
MEETING: General Purpose and Administration Committee
DATE: Monday, May 7, 1990
REPORT #: PD-168-90 FILE #: 18T-89072
�. SUBDIVISION APPLICATION - VAN ANDEL HOLDINGS LTD.
PART LOT 31, CONC. 2, FORMER TOWNSHIP OF DARLINGTON
FILE: IBT-89072
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-168-90 be received;
2 . THAT the proposed Plan of Subdivision 18T-89072 dated June, 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: Van Andel Holdings ltd.
1.2 Subdivision Application: Proposing: 9, 15 . 0 minimum frontage single
family dwelling units and (2) blocks for
future development.
REPORT NO. : PD-168-90 PAGE 2
1. 3 Land Area: 0 . 765 ha ( 1. 89 acres)
2 . BACKGROUND
2 . 1 In August of 1989 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
G. M. Sernas and Associates on behalf of Van Andel Holdings Ltd.
2 .2 The subject lands were amalgamated through land severance
application LD 726/88 and LD 517/89, melding lands from two
separate parcels to create the subject site. A third land
severance LD 727/89 attempted to sever a lot containing the
existing dwelling from the balance of the property (Block 11) .
Land Division Committee approved said proposal, however, the
decision has since been appealed by an abutting neighbour to the
Ontario Municipal Board.
2 . 3 Staff would note for the Committee's information that, pursuant to
Town policy the appropriate signage acknowledging the application
was installed on the subject lands .
3 LOCATION
3 . 1 The subject property is located in Part Lot 31, Concession 2,
former Township of Darlington. The site is roughly bounded by
Trulls Road to the east, Black Creek to the south, Nash Road to the
north, and Black Creek Trail to the west.
4 EXISTING AND SURROUNDING USES
4 . 1 The lands currently house one single family dwelling in proximity
to Nash Road while the balance of the lands remain vacant.
4 .2 Surrounding land uses include:
North: existing residential plan of subdivision;
South: Black Creek and valley lands;
East: limited single family dwellings fronting on Nash Road;
West: strip residential fronting on Nash Road. . . . .3
572
REPORT NO. : PD-168-90 PAGE 3
6 OFFICIAL PLAN POLICIES
6 . 1 Within the Durham Region Official Plan the subject lands are
designated "Residential" . The predominant use of lands so
designated shall be for housing purposes.
6 .2 Within the Town of Newcastle Official Plan, "Courtice Major Urban
Area" , the subject lands are designated "Residential" within
neighbourhood "3A" . The predominant use of lands within said
designation shall be for housing purposes . The application
proposes a density of 16 . 8 units per net ha and would appear to not
have any adverse impact on the neighbourhood population target of
2300 people.
6 . 3 Within the Courtice North Neighbourhood Plan, Schedule "3A" the
subject lands are designated "Residential" . Specific densities
have not been designated for areas of Schedule "3A" to allow
greater flexibility of housing types. The application appears to
comply.
7 ZONING BY-LAW POLICIES
7 . 1 Within the Town of Newcastle Comprehensive Zoning By-law 84-63, as
amended, the subject property is zoned "Urban Residential Type One
(R1) " . Within said zone both singles and semi-detached/link units
are permitted based on 15 metre and 18 metre minimum lot frontages
respectively. The application would appear to comply.
8 AGENCY COMMENTS
8 . 1 In accordance with departmental procedures, the subject application
was circulated to a number of agencies and departments for comments
and conditions of approval. The following agencies departments in
providing comments, offered no objections to the application as
submitted: Newcastle Fire Department; Separate School Board;
Public School Board; Ontario Hydro and the Ministry of the
Environment.
'.� / � . . . .4
REPORT NO. : PD-168-90 PAGE 4
8 .2 The Town of Newcastle Public Works Department reviewed the subject
application and advised that they had no objection subject to the
following conditions of approval: the applicant is responsible for
the costs ( 100%) of any works on Nash Road which are necessitated
as a result of this development; that the applicant submit a storm
drainage report for this development acceptable to the Director of
Public Works; and that the standard conditions of approval be
imposed.
8 . 3 The Town of Newcastle Community Services Department review of the
application provided no objection to the proposal. Community
Services Staff advised that the population generated from this
proposal may be accommodated by the neighbourhood park located
north of Nash Road. The applicant will be required to contribute
a five percent cash-in-lieu (5%) of parkland dedication.
8 .4 The Central Lake Ontario Conservation Authority commented that the
subject site consists of a relatively small parcel of tableland
area, fronting on Nash Road and abutting the Black Creek valley.
The top-of-bank as illustrated would appear to generally coincide
with limits previously established through LD 727/88. This reach
of the Black Creek valley have been classified as highly sensitive.
Portions of lots 2 to 6 and block 9 contain forested margins of the
stream valley. It would appear appropriate to preserve some forest
cover to act as buffer between the residential tablelands and the
sensitive valley lands .
Based on the above comments the Authority would have no objection
subject to the following conditions of approval: The owner shall
obtain CLOCA approval of a sediment control, grading, and tree
preservation plan prior to the commencement of site preparation.
8 .5 Regional Public Works comments on the subject proposal indicate
that full municipal services are available to the subject lands
through abutting sanitary trunk sewer and watermain on Nash Road.
J I . . . .5
REPORT NO. : PD-168-90 PAGE 5
In addition the developer has made arrangements to install a
sanitary sewer stub and a watermain stub in conjunction with the
Town's road reconstruction contract for the purpose of servicing
the proposed development.
8 . 6 Ministry of Transportation Staff advised that they have concerns
with the proposed width of the internal street and that it should
be amended to 20. 0 metres to accommodate the ministry's
construction standards .
The Town's Public Works Department has reviewed this comment and
are satisfied that given the length of the street all necessary
services can be accommodated within the proposed 18 . 0 metre road
allowance.
8.7 The Ministry of Natural Resources advised that they have no
objection in principle although they do have resource concern.
Black Creek and its associated valley lands were identified as
forming the southern boundary of the lands . This water course
flows into the Farewell Creek which is a migration route for
Rainbow Trout and Pink Salmon. In addition Black\Farewell Creeks
flow into Oshawa Second Marsh which is a significant wetland.
Based on the above resource concerns the ministry has requested a
number of conditions of approval be fulfilled.
9.0 STAFF COMIl NTS
9 . 1 The subject application as noted above is abutting the Black Creek
and it's associated valley lands. However, all lands subject to
development are designated "Residential" and the application
appears to comply.
9 .2 The application is proposing to create a short cul-de-sac with
eight (8) single family dwelling units having access to it and one
block with an existing dwelling fronting directly on Nash Road.
In addition, the proposal allows for potential future development
of adjacent lands to the east (thee (3) lots . ) . . . . 6
REPORT NO. : PD-168-90 PAGE 6
9 . 3 Public Works Staff have reviewed the application and provided no
objection to the 18 . 0 m road allowance or the fact that the
proposed road is slightly off-set from Gold Pine Avenue to the
north. The actual road pavement will be constructed off-set within
the road allowance, in order for the streets to match.
9 .4 It is noted for the Committee's information that LD 727/88 was
appealed by an abutting property owner on the presumption that
access to his table lands to the east was not provided. Staff has
reviewed the subdivision application and are satisfied that the
cul-de-sac as designed, combined with blocks 9 and 10 will allow
for the appropriate development of the neighbouring property.
10 CONCLUSION
10. 1 In consideration of the comments contained within said report,
Staff would have no objection to the approval of the application,
subject to the conditions of approval attached hereto.
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C. I .P. Lawrence . Kotseff
DIrector of Planning Chief A 'nistrative
and Development Officer
CP*FW*cc
*Attach
1 May 1990
5 / 6 . . . . 7
REPORT NO. : PD-168-90 PAGE 7
Interested parties to be notified of Council and Committee's decision:
Mr. and Mrs . Longo
590 Talbot Court
OSHAWA, Ontario
L1J 2E8
Van Andel Holdings Ltd.
P.O. Box 1643
PORT PERRY, Ontario
LOB 1N0
G. M. Sernas and Associates
Unit 41
110 Scotia Court
WHITBY, Ontario L1N 8T7
Kathryn Harrison
Development Co-ordinating Offices
1380 Hopkins Street
WHITBY, Ontario L1N 2C3
Mr. & Mrs . Breen
1625 Nash Road
R.R.#3
BOWMANVILLE, Ontario L1C 3K4
DN: 89072.DRA
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
PLAN IDENTIFICATION
1. That this approval applies to draft Plan of Subdivision 18T-89072 prepared by
G. M. Sernas and Associates dated June 1989, (and further revised in red as per
the attached plan) showing Lots 1 to 8 inclusive and Block 11 for single family
detached 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.
. . . .2
-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, 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, 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. 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.
. . .3
-3-
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D)
16. That the applicant will bear the costs (100%) of any works on Nash Road which
are necessitated as a result of this development. (ie: Intersection
improvements, turning lanes, utility relocation, ditch grading, sodding, entrance
construction, etc. ) .
17. That the owner satisfy the requirements of the Central Lake Ontario Conservation
Authority, financially and otherwise with respect to this development and
associated works.
18. That the owner satisfy the requirements of the Ministry of Natural Resources,
financially and otherwise with respect to this development and associated works.
.. .4
580
1
Z W ( 1I NJOI
CL
- —�-a o - d,�---
ROAD PROPOSED
r2 NASH DRAFT PLAN
w w t`
P „ P P a 7UODWVON
p ----- p. A 45 00 E a PART a DoT s�,
T OF WA Y ►� N '19,301F ��t, 1900" OW~AM or oupo.w
N 7 I N4 3 53 �WVNiT n/o�uA1wM r
18.0
—�- n - �' -
Rzz:
Z
IEx _ R� �� ..�►. ...,
I_ �•.� �E ��• J^ V O �.� M.M W•aM• nJ• NMr
't 1.5 r�.,w.w ..ww
o c 3 3 .Q
x' z 4 B LK
W m O 3O• C 5 15.0 z
.w
W p W :.::�:: ,;; x.:.....
W co,.,ax uc.ar�mn.rJ
--- '
PART
T A'
A NASH ROAD
46 K•ERNA* i Assoc,LTD.
a.a $.-Oft
/r
OP—t
- PLAN AS SUBMITTEa
y
IWI
a >
o a
�a�
X6 . �:�
p� s�
PROPOSED
NASH RDAD DRAFT PLAN
or w"VISON
w
X172 45' . —
f �P OF P OF LOT 31,
�
CONCESSION 3
_.__. , TOWN OF NEWCASTLE
T OF WAY j rY N '1930t' '+ rco"& UL"WAM a w
auw
N IN4 3 53 "w M1tyN1t M9�1UA11Pf
5.0 18.0 Z *�
101
L . L 1_1 1 7.0 .0
r \
18.
2 HOUSE J S B O ` ».« »...... ... . .«.
Z 2 _
I Q Q t 31.5 3
r Z a 4 BLK ^
Q Q z _ ...1,1...
_j .._ _ rye• 1.
Wcr
m O✓O' T♦ 5 15.0 Z
2 W was mmu�,.. aac.v mn.rs
O Cn '""� .........:
{AS VAX r s W
2 �o .wo[
v y ,�
--
PART --
� NASH ROAD
Q.K SERNA• • A*80C.LTD.
ZT-
60231
ac-
P','PLAN AS RED-LINE REVISED