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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.:..... 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