HomeMy WebLinkAboutPD-195-90 TOWN OF NEWCASTLE
S REPORT File #
( -DN: KIDDICOR.GPA len
Res. #
N^f � By-Law #
hEUING: General Purpose and Administration Committee
DATE. Tuesday, June 4, 1990
REPORT #: PD-195-90 FILE #: 18T- 89053 (x-ref LD 45/90)
SECT: KIDDICORP INVESTMENTS - PROPOSED PLAN OF SUBDIVISION
PART LOT 33/34, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON
FILE NO. 18T-89053 (X-REF LD 45/90)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-195-90 be received;
2 . THAT the proposed Plan of Subdivision 18T-89053 dated July 1988,
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 . BACKGROUND
1 . 1 In May of 1989, the Town of Newcastle Planning Department was
notified of an application for proposed Plan of Subdivision
submitted by D. G. Biddle and Associates Limited, on behalf of
Kiddicorp Investments Ltd. The proposal for 46 single family
dwelling lots and various blocks and reserves would link Robert
Adams Drive between the White Cliffe subdivision ( 10M 797) and the
Cedarbrook subdivision ( 10M 824 and 10M 832) . . . . .2
1 r..
4 _?
REPORT NO. : PD-195-90 PAGE 2
1.2 In January of 1990, Land Division Committee approved a severance
for one lot fronting on Prestonvale Road. Said lot is identified
as lot 46 on the proposal as submitted. The lot has a 29 . 8 metre
frontage, complied with the zoning by-law and was vacant at the
time of severance.
2 . LOCATION
2 . 1 The subject property is located in Part Lot 33 and 34, Concession
2, former Township of Darlington. As noted previously the lands
are located between two existing subdivisions and would provide
the connecting link for Robert Adams Drive. The property is west
of Prestonvale Road, north of Glenabbey Drive, east of the Farewell
Creek and south of Old Kingston Road.
3 . EXISTING AND SURROUNDING USES
3 . 1 Existing Uses: the subject lands are predominantly vacant
housing one single family dwelling and an
accessory structure.
3 .2 Surrounding Uses :
North: Existing residential subdivision ( 10M 797)
East: vacant land and existing residential fronting on
Prestonvale Road.
South: existing residential subdivision ( 10M 824 and 10M 832)
West: Farewell Creek and associated valley lands, existing
residential on Darlington Blvd.
4 . OFFICIAL PLAN POLICIES
4 . 1 Within the Durham Region Official Plan the subject lands are
designated "Residential" with indications of "Environmentally
Sensitive Areas" . Within the residential designation the
predominant use of lands shall be for housing purposes. The
environmental sensitive area indication refers to those natural
features, landscapes and or waters which could be essential to
conservation. The extent and exact location of such areas shall
be determined at the time of development applications. . . . . 3
� A
REPORT NO. : PD-195-90 PAGE 3
4 .2 Within the Town of Newcastle Official Plan the subject lands are
designated "Residential" within neighbourhood 112A" of the 'Courtice
Urban Area' . The lands are also subject to indications of "Hazard
Lands " . Hazard lands shall be primarily for the preservation and
conservation of natural land and/or environment and managed in a
fashion as to complement adjacent land uses from any physical
hazards and their effects . The extent and exact location of such
Hazard Lands shall be determined through Neighbourhood Development
Plans and identified in the Comprehensive Zoning By-law in
consultation with Central Lake Ontario Conservation Authority.
4 . 3 Within the Residential designation the predominant use of land
shall be for housing purposes in accordance with the population
target for the respective neighbourhood. The population target of
neighbourhood 112A" is 2700, minor deviations to this are permitted
without amendment to the Plan. The application has a density per
net residential hectare of 11. 8 units which complies with the low
density residential provisions of 15 units per net hectare. The
application would appear to comply.
4.4 Within the Courtice South Neighbourhood Plan the subject property
appears to be designated "Residential" and "Minor Open Space" with
"Hazard Lands" . The Residential designation permits a range of
housing types . Minor Open Space areas are intended to preserve
wherever possible natural environment having local significance.
hazard lands shall be protected and merged in such a fashion as to
compliment and protect adjacent uses from physical hazards.
Development of said lands shall be subject to the regulations of
the Conservation Authority.
5 . ZONING BY-LAW PROVISIONS
5. 1 Within the Town of Newcastle Comprehensive Zoning By-law the
subject lands are zoned "Urban Residential Type One - Holding
( (H)Rl) " and "Environmental Protection (EP) " . Within the 11 (H)R1"
zoning the proposed single family dwelling units would appear to
4 4
REPORT NO. : PD7195-90 PAGE 4
comply subject to removal of the "Holding (H) " provision. The "EP"
zone would appear to impact the northern most lots of the proposed
subdivision. Said zone category prohibits structures, save and
except for flood and erosion control purposes . An application for
rezoning would appear to be warranted.
6 . COMMENTING AGENCY
6 . 1 The subject application was circulated by Regional Planning Staff
to a number of commenting agencies . Town Planning Staff further
undertook a circulation to internal agencies . The following
agencies have responded that they have no objection to the approval
of the application as filed:
- Public School Board
- Separate School Board
- Ministry of Agriculture and Food
6 .2 The Town of Newcastle Public Works Department Staff advised that
they had no objection to proposal in principle, subject to
conditions of approval. In addition to the standard conditions of
approval, the applicant will be responsible for the costs ( 100%)
of any works on Prestonvale Road necessitated as a result of this
development; the applicant is required to provide for lot grading
and drainage plans to the satisfaction of the Director of Public
Works .
6 . 3 The Town of Newcastle Community Services Department has provided
comments on the proposal indicating the proposal will generate
approximately 138 people which can be accommodated in the Courtice
South Park and White Cliffe Park. Based on this information, Staff
have no objection subject to the five percent (5%) cash-in-lieu of
parkland dedication and the walkway being fenced and paved.
6 .4 The Town of Newcastle Fire Department noted that this application
in conjunction with the continued rapid growth in Courtice Urban
Area, will tax the level of services required by all the residents
� d . . . .5
REPORT NO. : PD-195-90 PAGE 5
in the area. Should the application be approved no building
permits shall be issued until access routes and water supply are
available in accordance with the Ontario Building Code and the
Ontario Fire Code.
6 .5 Verbal comments from Bell Canada have indicated that the easement
as illustrated on the proposal no longer applies . Therefore, it
will not interfere in the lot design. No objection or comment was
received.
6 . 6 Regional Public Works have advised that the development is beyond
the current service area limits, therefore, the developer will be
responsible for the full construction costs associated with
external sanitary sewer and watermain works . It was also noted
that an existing 300 mm watermain bisects the lands . Sanitary
Sewer also exists on easement between lots 8 and 9 . Based on the
above, Regional Works has no objection.
6 .7 The Central Lake Ontario Conservation Authority have advised the
plan abuts the valley systems of the main branch of and a tributary
to the Farewell Creek. The Authority's main concerns revolves
around conveyance of storm water and management thereof. Runoff
overland flow from lands east of Prestonvale Road are to be
conveyed to the detention area in the tributary's valley. The
extension to Robert Adams Drive will cross this flow route. The
extension must therefore be designed to allow free flow of water.
The drainage depression travelling the length of lots 14 and 15 is
also of concern. The rear lot line coincides with the top-of-
bank, therefore any fill placed must integrate with the valley wall
and provide a stable slope. A number of conditions of approval
have also been requested of the proponent in conjunction with
CLOCA's review of the application.
6 .8 The Ministry of Natural Resources Staff have reviewed the
rA . . . .6
REPORT NO. : PD-195-90 PAGE 6
application and have no objection with the principle of
development, however they have identified resource concerns which
must be addressed prior to draft plan approval. Farewell Creek and
its associated valleylands are located adjacent to the property.
The Creek serves as a migration route in the spring and fall. In
addition, the Creek flows into the Oshawa Second Marsh which has
been identified as a provincially significant wetland.
The Ministry indicated that proper stormwater management and
erosion and sedimentation control measures must be employed on
site, during and after construction in order to minimize negative
impacts on downstream water quality. In accordance with the
concerns noted above several conditions of approval with regard to
stormwater management techniques and erosion and sedimentation
control methods have been requested to be undertaken prior to draft
approval . The owner shall also erect a snow fence barrier and
front it with straw bales or geotextile as appropriate.
7 STAFF COMMENTS
7 . 1 The application as originally submitted was for 46 single family
dwelling lots, with the approval of LD 45/90 there remains 45 lots.
As noted above the subject lands appear to be designated
"Residential" in both the Durham and Town Official Plan's.
However, the lands are subject to indications of "Environmentally
Sensitive Areas" in the Regional Plan and "Hazard Lands" in the
Town Plan. Said indication reflects the valleylands associated
with the Farewell Creek. Both plans specify that the extent and
exact location of such indications shall be further determined at
the time of development applications by the Central Lake Ontario
Conservation Authority.
7 .2 The Conservation Authority in their review of the proposal have
indicated concerns with protection of the valleylands and lots 14
and 15 which contain a drainage depression, no other development
restrictions were identified. Based on the contours shown on the
5 0 . . . . 7
REPORT NO. : PD-195-90 PAGE 7
submission and the comments received from the Conservation
Authority and the Ministry of Natural Resources it would appear the
balance of the lands are able to develop as proposed, subject to
conditions of approval.
7 . 3 The zoning on the subject lands is (H)R1 and EP. The 45 proposed
lots would all readily comply with the residential zone provisions .
However, the EP zoning appears to be contained in all or part of
lots 1 to 3, lots 6 to 18 and lot 20 . Therefore prior to Draft
Approval an application for rezoning will be required.
7 .4 The proposal as submitted provides connecting links for Robert
Adams Drive and Worthington Drive as constructed. In addition it
allows for future development of lands between Robert Adams Drive
and Prestonvale Road through Block 50. The single family dwellings
proposed have a low density and are more compatible adjacent the
Creek lands than a higher density development, and are also
consistent with the existing singles to the north and the singles
and linked units to the south.
8 CONCLUSION
8 . 1 In consideration of the comments contained within the report, Staff
would have no objection to the approval of the proposed Plan of
subdivision, as submitted for 45 single family dwelling units.
Approval is subject to the conditions of approval contained in
Attachment No. 1 hereto and a rezoning of the lands within the
Environmental Protection zoning.
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C. I.P. Lawrenc . Kotseff
Director of Planning Chief inistrative
and Development Office
CP*FW*cc
*Attach
28 May 1990 G� . . . .8
REPORT NO. : PD-195-90 PAGE 8
Interested parties to be notified of Council and Committee's decision:
D. G. Biddle and Associates
96 King Street East
OSHAWA, Ontario
L1H 1B6
Kiddicorp Investments Ltd.
1748 Baseline Road
Group 10, Box 7, R. R. #2
BOWMANVILLE, Ontario
L1C 3K3
DN: KIDDICORP.DRA
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
PLAN IDENTIFICATION
1. That this approval applies to draft Plan of Subdivision 18T-89053 prepared by
D. G. Biddle and Associates Limited dated July, 1990 (and further revised in red
as per the attached plan) showing Lots 1 to 45 inclusive for single family
detached dwellings, Block 51 for walkway 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.
. . ..2
_2_
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D)
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.
9. 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.
10. That the Owner shall provide and install sidewalks, street lights, temporary
turning circles etc. as per the Town's standards and criteria.
11. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV,
etc. to be buried underground.
12. 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.
13. 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.
14. 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)
15. That Block 51 be granted to the Town for the purposes of a walkway and that it
be paved and fenced to the satisfaction of the Director of Community Services.
16. That the applicant bear the costs (100%) of any works on Prestonvale Road which
are necessitated as a result of this development.
17. That prior to any construction or on site grading work the applicant satisfy all
the requirements of the Central lake Ontario Conservation Authority financially
or otherwise.
18. That prior to any construction or on site grading work the applicant satisfy all
the requirements of the Ministry of Natural Resources financially or otherwise.
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