HomeMy WebLinkAboutPD-180-90 TOWN OF NEWCASTLE
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REPORT File #L4 d/t
Res. #
By-Law # ZJ
MEETING: General Purpose and Administration Committee
DATE: May 22, 1990
REPMT #: PD-180-90 FILE #: Dev 89-35 (X-Ref: 18T-89030)
SI ,JEC'• APPLICATION TO AMEND BY-LAW 84-63
APPLICATION FOR APPROVAL OF A PLAN OF SUBDIVISION
KALEE INVESTMENTS LTD. (GRAHAM DALLAS)
PART LOT 19, CONCESSION 8, FORMER TOWNSHIP OF DARLINGTON
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1 . THAT Report PD-180-90 be received;
2 . THAT the Region of Durham be advised that the Town of
Newcastle recommends approval of the draft Plan of Subdivision
18T-89030 dated March 1989, as revised in red, subject to the
conditions contained in Attachment No. 1 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-89030 and the Corporation of 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;
4 . THAT the attached amendment to By-law 84-63 be APPROVED and
that the "Holding (H) " symbol be removed by By-law upon
execution of the Subdivision Agreement; and
5 . THAT a copy of this report be forwarded to the Regional
Municipality of Durham Planning Department and the interested
parties attached hereto.
7
REPORT NO. : PD-180-90 PAGE 2
1. APPLICATION DETAILS
1. 1 Applicant: Graham Dallas, on behalf of Kalee Investments
Limited
1.2 Rezoning: From Agricultural (A) to an appropriate zone
to permit the development of twenty (20) single
family dwelling lots
1. 3 Subdivision: Seeking approval of Plan of Subdivision in
order to implement the above noted development.
1.4 Area: 11. 37 hectares (28 . 09 acres)
2. BACKGROUND
2 . 1 In April 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 Graham Dallas on behalf of Kalee Investments Limited. The
subdivision application proposes the creation of twenty (20)
single family dwelling lots within the Hamlet of Enniskillen.
Accordingly, the applicant has also applied to amend the
zoning by-law in order to implement the subdivision.
2 .2 The subject site is a rectangular shaped parcel approximately
11 . 37 hectares (28. 09 acres) in size and is located on the
west side of Old Scugog Road, approximately 86 metres (282
feet) north of Salter Court, but in more formally described
as Part Lot 19 , Concession 8, in the former Township of
Darlington.
�� 44
REPORT NO. : PD-180-90 PAGE 3
3. PUBLIC NOTICE
3 . 1 For the Committee's information, pursuant to Council's
resolution of July 26, 1982, and the requirements of the
Planning Act, the appropriate signage acknowledging the
application was installed on the subject lands . In addition,
the appropriate notice was mailed to each land owner within
the prescribed distance.
3 . 2 As of the writing of this report, the Planning and Development
Department has not received any public submissions with
respect to the subject application.
4. OFFICIAL PLAN CONFORMITY
4 . 1 Within the Durham Regional Official Plan, the subject property
is located within the designated Hamlet of Enniskillen. As
residential uses are intended to be the predominant use within
the Hamlet the application conforms with the Durham Regional
Official Plan.
4 . 2 Within the Enniskillen Secondary Plan, the subject property
is designated as Residential Expansion. As residential uses
are intended to be the primary use of lands so designated, it
would appear that the application conforms with the
Enniskillen Secondary Plan within 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 Agriculture (A) . As residential uses of
REPORT NO. : PD-180-90 PAGE 4
the size and magnitude proposed in the current application
are not permitted in the Agricultural (A) zone, the applicant
has applied in order to amend the zoning by-law accordingly.
6. AGENCY COMMENTS
6 . 1 The Town of Newcastle Planning and Development Department
undertook a joint circulation of the proposed Plan of
Subdivision and the proposed Zoning By-law Amendment. The
following provides a brief summary of the comments received.
6 .2 The Public School Board has reviewed the proposed Plan of
Subdivision and notes that some objections were raised by the
members of the Board of Education. However, the Board notes
that the objection will be reconsidered when a comprehensive
accommodation study is prepared by the Board of Education
Planning Department.
6 . 3 The Town of Newcastle Community Services Department has
reviewed the subject application and has no objection to the
proposal subject to the land dedication requirement being
accepted as cash-in-lieu with the funds realized being
credited to the Parks Reserve Account.
6 .4 The Town of Newcastle Public Works Department has reviewed the
proposed Plan of Subdivision and has no objection to the
application subject to several regulatory conditions .
6 .5 The Central Lake Ontario Conservation Authority have reviewed
the proposed Plan of Subdivision and have no objections to its
approval. However, the Authority recommends that the rear
portions of Lots 7-11 be placed in an Environmental Protection
546
REPORT NO. : PD-180-90 PAGE 5
zone to coincide with the top-of-bank. The Authority further
recommends that this "Open Space" block be deeded to one of
the tableland lots in order to ensure that the environmentally
sensitive nature of the property is maintained.
6 . 6 The balance of the circulated agencies which provided comments
were the Ministry of Natural Resources, the Ministry of
Agriculture and Food, the Ministry of the Environment, the
Town of Newcastle Fire Department, Ontario Hydro, the Separate
School Board, the Regional Planning Department and the
Regional Works Department. None of the aforementioned
agencies have provided objectionable comments with respect to
the subject application.
7 . STAFF COMMENTS
7 . 1 As noted by the Central Lake Ontario Conservation Authority,
the rear portion of Lots 7 to 11 has an environmentally
sensitive nature. The Authority recommends that in order to
ensure that any impacts on this area be minimized, that a
valleyland block be created and deeded to any one of the table
land lots . Staff do not agree with this arrangement as it
would place tremendous onus for the particular lot owner who
has to be responsible for the maintenance of the entire
valleyland block.
7 .2 In order to ensure the environmental integrity of the valley
land, staff recommend that the zoning on the valleylands be
amended to the Environmental Protection (EP) zone in order to
reflect the sensitive nature of the property. The zone
category on the remaining tableland portion of Lots 7-11 could
then be amended to the Residential Hamlet (RH) zone. Section
3 . 12 of Zoning By-law 84-63 allows that portion of the lot
547
REPORT NO. : PD-180-90 PAGE 6
zoned Environmental Protection (EP) to be used for the
purposes of calculating lot area. However, Section 3 . 12
prohibits the establishment of residential uses or structures
within the Environmental Protection (EP) zone. Therefore,
amending the zone category of Lots 7-11 to in part
Environmental Protection (EP) and in part Residential Hamlet
(RH) would have the net result of minimizing any negative
impacts on the environmentally sensitive portion of those
lots .
7 . 3 The proposed lots are compatible with existing Residential
Hamlet lots within the surrounding area. It is noted
that the Public Works Department requires a 3 metre road
widening along Lots 1 and Lots 17 to 20 . Currently these lots
are proposing the minimum 4000 square metre lot area as
required by the Official Plan. Therefore, the applicant will
have to redesign Lots 1 and Lots 17 to 20 in order to provide
the required 4000 square metres as a result of road widening
requirement.
8. CONCLUSION
8 . 1 In consideration of the comments contained within this report,
we 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.
8.2 Furthermore, the Planning and Development Department would
have no objection to the approval of the attached zoning by-
law amendment, as applied for. The amending zoning by-law
would provide for the appropriate zone categories to implement
the above noted Plan of Subdivision (18T-89030) . Staff note
A
REPORT NO. : PD-180-90 PAGE 7
that the removal of the "Holding (H) " prefix will require
Council approval at such time as the Subdivision Agrement has
been registered. A rezoning application will not be required
in order to finalize the zoning at such time.
Respectfully submitted, Recommended for presentation
to the Committee
1
Franklin Wu, M.C. I .P. Lawrence E. Kotseff
Director of Planning Chief Administrative
and Development Officer
WM*FW*df
*Attach
11 May 1990
Interested parties to be notified of Council and Committee's
decision:
Kalee Investments Limited
R.R.#1
Bowmanville, Ontario.
L1C 3K2
Att: Graham Dallas
DN:KALEE.DRA
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
PLAN IDENTIFICATION
1. That this approval applies to draft Plan of Subdivision 18T-89030 prepared by Proctor and
Redfern Limited dated March 1989 (revised in red as per the attached plan) showing Lots 1 to
20 inclusive for single family detached dwellings
FINAL PLAN REQUIREMENTS
2. That all streets within the Plan of Subdivision shall be dedicated as public highway and shown
as such on the fmal 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.
b. That the Owner shall retain a qualified Engineer to prepare and submit a Hydrogeologist Report
to the Director of Planning and Development to demonstrate that the proposed development
will not adversely impact the existing wells in the surrounding areas.
6. 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.
7. 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
8. 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.
9. That all easements, road widening, and reserves as required by the Town shall be granted to
the Town free and clear of all encumbrances.
� a
2 -
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D)
10. 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 at the rate of either five percent (5%) or
one (1) hectare per 300 dwelling units whichever is greater.
11. 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.
12. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc.
as per the Town's standards and criteria.
13. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc.to be buried
underground.
14. 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.
15. 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.
16. That prior to the issuance of building permits, the Owner shall, through its acoustic engineer,
to provide a certification to the Director of Planning, certifying that the Building's plans are in
accordance with the Noise Control Report as approved by the Ministry of the Environment and
the Town of Newcastle.
17. 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.
18. 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.
19. That drainage of the proposed development be addressed to the satisfaction of the Public Works
Department and that the integrity of the drainage to the south be maintained.
3 -
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D)
20. That the 0.3 metre reserve and the 3.0 metre road widening and the site triangles be dedicated
to the Town (as shown in red on the draft plan);
21. That the applicant bear the costs (100 11o) of any works on Old Scugog Road which are
necessitated as a result of this development. (ie: utility relocation, ditch grading, sodding, etc.);
22. That the applicant/owner contributes to the costs of reconstruction/upgrading Old Scugog Road
in accordance with Town Policy:
1) 50% of reconstruction costs across all
frontages and the access road.
2) 25% of reconstruction costs on flankages.
23. That the applicant/owner meet all the requirements of the Public Works Department, financial
or otherwise.
24. That the Owner agrees to relot Lot 1 and Lots 17 to 20 in order to provide the minimum 4000
square metres of Lot Area as required by the Town of Newcastle Official Plan. This may
require the relotting of additional Lots within the Plan of Subdivision.
25. That prior to final approval, the Ministry of the Environment shall be in receipt of a
hydrogeologist's report which ascertains the availability of an adequate supply of potable water
to service the development. This report should comment on exiting quality based on data from
a representative well and provide detailed discussions on the potential for cross-contamination
and well interference.
26. Prior to the initiation of any filling, grading or removal of vegetation, the owner shall obtain
approval of the Central Lake Ontario Conservation Authority of a site grading and storm
drainage plan; which indicates the proposed routing of the major overland (100-year) storm
flows and proposed sediment control measures.
27. That the Owner carry-out or cause to be carried-out, in accordance with Central Lake Ontario
Conservation Authority approval, site grading and sediment control measures.
28. That the Owner satisfy the Durham Regional Health Department, financially or otherwise.
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DN:KALEE.B-L
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 90-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-
law for the Corporation of the Town of Newcastle
WHEREAS the Council of the Corporation of the Town of Newcastle
recommends to the Region of Durham for approval of draft Plan of
Subdivision 18T-89030; and
WHEREAS the Council of the Corporation of the Town of Newcastle
deems it advisable to amend By-law 84-63, as amended, of the
Corporation of the Town of Newcastle to implement the draft Plan
of Subdivision;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation
of the Town of Newcastle enacts as follows:
1. Schedule 119" to By-law 84-63, as amended, is hereby further
amended by changing the zone designation from:
"Agricultural (A) " to "Holding-Residential Hamlet ( (H)RH) "
"Agricultural (A) " to "Environmental Protection (EP) "
2. Schedule "A" attached hereto shall form part of this By-law.
3. This By-law shall come into effect on the date of the passing
hereof, subject to the provisions of Section 34 of the
Planning Act.
BY-LAW read a first time this day of 1990.
BY-LAW read a second time this day of 1990.
BY-LAW read a third time and finally passed this day of
1990.
MAYOR
CLERK
This is Schedule "A" to By-law 90- ,
passed this day of ,1990 A.D.
LOT 19 CONCESSION 8
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