HomeMy WebLinkAboutPD-198-90 TOWN OF NEWCASTLE
DN: REYNAERT.GPA 1�
REPORT File #
Res. #
= �-�• By-Law #
STING: General Purpose and Administration Committee
DATE: June 4, 1990
REPORT #: PD-198-90 FILE #:
MECT: OFFICIAL PLAN AMENDMENT, REZONING AND SUBDIVISION
APPLICATIONS - REYNAERT, JAMES C.
PART LOT 15, CONCESSION 7, FORMER TOWNSHIP OF CLARKE
FILE: OPA 88-107/D; DEV 88-122; 18T-90001
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-198-90 be received;
2 . THAT the Region of Durham be advised that in the event
proposed Plan of Subdivision 18T-90001 is approved at some
future date by the Region of Durham or the Ontario Municipal
Board, that the conditions as contained in Attachment # 1 of
this Report be incorporated.
3 . THAT the Mayor and Clerk shall 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 Zoning By-law Amendment be passed if and when the
Ontario Municipal Board approves the Official Plan Amendment
# 233;
5 . THAT a copy of this Report and Council's decision be forwarded
to the Region of Durham Planning Department; and
6 . THAT the interested parties listed in this report and any
delegation be advised of Council 's decision.
. . . .2
REPORT NO. : PD-198-90 PAGE 2
1. APPLICATION DETAILS
1. 1 Applicant: James C. Reynaert/McDermott & Associates
1.2 O.P.A. : From Major Open Space with indications of
Hazard Lands to Estate Residential as approved
by Regional Council on April 18, 1990 .
1. 3 Subdivision: Fourteen ( 14) single family dwelling lots.
1.4 Rezoning: From Agricultural (A) and Environmental
Protection (EP) to an appropriate designation
to implement proposed plan of subdivision.
1.5 Area: 17 . 94 ha (44 .33 acres)
2. BACKGROUND
2 . 1 In November of 1988, the Town of Newcastle Planning and
Development Department received notice of an application to
amend the Durham Region Official Plan to permit the
development of fourteen (14) estate residential lots in Part
Lot 15, Concession 7, Clarke (see Key Map) . A rezoning
application was also submitted by the applicant to the Town
in November of 1988, with respect to the above noted lands .
On January 15, 1990, the Town received notice of an
application for a proposed plan of subdivision for the subject
site.
2 .2 On July 17, 1989, Staff prepared a report recommending the
subject Official Plan Amendment be approved. A motion was
made that the application be recommended for approval to the
Region of Durham (Resolution #C-535-89) , however, the motion
was lost on a tied vote. A second motion was not made. . . .3
X68
I
REPORT NO. : PD-198-90 PAGE 3
2 . 3 On April 26, 1989, Regional Council approved the subject
Official Plan Amendment application (Amendment No. 233) , and
further forwarded the Amendment to the Ministry of Municipal
Affairs .
2 .4 On May 22, 1990, the Town of Newcastle Planning and
Development Department received notice, from the Ministry of
Municipal Affairs, of a request from the "Save the Ganaraska
Again (SAGA) " committee to refer Official Plan Amendment No.
233 to the Ontario Municipal Board pursuant to Sections 17 and
21 of the Planning Ace, RSO 1983 .
3. COINMNT AND CONCLUSION
3 . 1 The purpose of this report is to address the eventual
disposition of three related applications (Official Plan
amendment, Rezoning and Subdivision) submitted by James C.
Reynaert.
3 .2 OFFICIAL PLAN AMENDMENT
3 .2 . 1 The Council of the Town of Newcastle has decided not to make
a decision with respect to the subject Official Plan
amendment. As Council has recorded a no decision with respect
to this amendment, Staff would conclude that it is Council's
position not to participate in the anticipated Ontario
Municipal Board hearing. Accordingly, Staff would not attend
the hearing without authorization.
3. 3 SUBDIVISION
3 . 3 . 1 The Plan of Subdivision application was circulated to various
agencies and departments for their review and comment. Based
upon agency submissions and Staff's review of the plan, Staff
have prepared the following conditions of approval, annexed
hereto as Attachment No. 1 . . . . .4
`: 6 �
REPORT NO. : PD-198-90 PAGE 4
3 . 3 .2 In view of the fact that the subdivision application may be
dealt with at the Ontario Municipal Board, or that the Region
may approve the Subdivision application, it is recommended
that conditions of approval be forwarded to the Region at this
time. The forwarding of these conditions will ensure that
this municipality's interests are protected should this plan
of subdivision be approved.
3 .4 ZONING BY-LAW AMENDMENT
3 .4 . 1 Town Council has not made a decision with respect to the
Rezoning application. Staff would recommend that a
corresponding Zoning By-law amendment be passed if and when
the Ontario Municipal Board approves Official Plan Amendment
No. 233 . A copy of the proposed amending by-law is attached
herein.
3 .4 .2 In the event that the Rezoning application is referred to the
Ontario Municipal Board, no further action is required by the
Town as the Board will decide on the outcome of the By-law
amendment.
Respectfully submitted, Recommended for presentation
to the Committee
f t
AO
Franklin Wu, M.C. I.P. Lawre . `Kotseff
DIrector of Planning Chief Administrative
and Development Officer
JF*FW*df
*Attach
28 May 1990
. . . .5
REPORT NO. : PD-198-90 PAGE 5
Interested parties to be notified of Council and Committee's
decision:
James C. Reynaert Gail Barnstein
Group 12, Box 18, Walker, Wright & Young
R.R.#3, 172 St. George Street
Bowmanville, Ontario. Toronto, Ontario.
L1C 3K4 M5R 2M7
Henry Kortekaas & Assoc. G.C.S. Morison
87 Old Kingston Road Oshawa Ski Club
Ajax, Ontario. P.O. Box 174,
L1T 3A6 Oshawa, Ontario. L1H 7L1
Mr. Sam Murata Helen MacDonald
489 Parliament Street R.R.#1,
Toronto, Ontario. Newtonville, Ontario.
M5A 3A3 LOA 1J0
Katherine Guselle Mr. Rowan
45 Connaught Street R.R.#1,
Oshawa, Ontario. Newtonville, Ontario.
LOA 1JO L1G 2H1
McDermott & Associates
1305 Pickering Parkway
Suite 406,
Pickering, Ontario.
L1V 3P2
® SUBJECT SITE
J81716 15 14 13 i-I2-1111 10 9-1-8
I Z
I I
N I I A I E
in
w
I I I I i I V
I I 1 Z
i 1 I 1 I I 0
ICON .RD. 8 I EP
1
I I I w ; ' A '
IJEP I I �A ( I 1 j W EP 'ct:A-7 v i 3 W
EP-3 Z,-7 A EPI I 1 10
f %'"-• I I V
t REGIONAL RD. 9
1 I I I EP SCHEDULE 1
(KENDAL)
Z
0
I O
cr
I
1 1 ' , , I , - 00�. cn
� i I I i � � � I Q � V
I
I A-11
1 CONC. RD.6 I ' ; I a V
0 m boo ,0004►
KEY MAP � 00 �
Dev. 88- 122
O.P. 88- 107 %D
18T90001
572
DN:REYNAERT.DRA
Attachment No. 1
CONDMONS OF APPROVAL OF FINAL PLAN REGISTRATION
PLAN IDENTIFICATION
1. That this approval applies to draft Plan of Subdivision 18T-90001 prepared by McDermott and
Associates dated(revised) December 1989 (and further revised in red as per the attached plan)
showing Lots 1 to 14 inclusive 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
fmal plan.
RE UIREMENTS 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.
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.
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.
J,,
2 -
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONTU
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, 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.
16. 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.
17. 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.
18. That a road widening be dedicated to the Town from the abutting property to provide a 20
metre right-of-way on Carscadden Road.
19. That the applicant/owner will bear the costs (100%) of any works on Carscadden Road which
are necessitated as a result of this development. (ie:intersection improvements, utility relocation,
ditch grading, sodding, entrance construction, etc.).
20. That the applicant/owner contributes to the costs of reconstructing Carscadden Road in
accordance with Town Policy.
21. That the access for Lot 1, if it is provided from Carscadden Road, is located at the north limit
of the property because of sight distance restrictions.
3 -
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D)
22. That the applicant/owner make application for property access for Lot 1 from Carscadden Road
if access is provided.
23. That the applicant/owner provides a cash contribution for future street lighting along
Carscadden Road.
24. That the applicant/owner meet all the requirements of the Public Works Department, financial
or otherwise.
25. That the owner shall satisfy any additional conditions of approval as required by the Ganaraska
Region Conservation Authority, the Ministry of Natural Resources, the Ministry of the
Environment, Ontario Hydro and the Regional Health Services Department to the satisfaction
of the requesting agency and the Town of Newcastle.
5 7 '�
RURAL RESIDENTIAL DRAFT PLAN OF SUBDIVISION
Kt PART LOT 15,CONCESSION 7
TOWN OF NEWCASTLE
REGIONAL MUNICIPALITY OF DURHAM
T:
R DEMTUU.
/ \. 1 i I e 7
TT
AGRCMTURAL/VACANT
cry �. - .On 1 _ I � '.
a
smEET
RCmSVDM�/p ADDITIONAL INFORMATION REQUIRED UNDER
AGF"cmluRAL
SECTION 50(2)OF THE PLANNING ACT,SO-1983.
Ab Q)
CA
CN
\ �� SCHEDULE OF LAND USE
OWNER'S AUTHORIZATION
T——.1
3
SURVEYOR'S CERTIFICATE
M•DERMOTT 5 ASSOCIATES LIMITED
ItE�.L OAD M03 M�—C PARK—T.SUITE WG.PilZE—.0917-.LTY
i
DRAFT PLAN OF SUBDIVISION
RURAL RESIDENTIAL PART LOT 15,CONCESSION 7
P[L�[ Ta'f• �N CO'C
TOWN OF NEWCASTLE
a�« PART ONE PLAN IGR,SD25 ----- REGIONAL MUNICIPALITY OF DURHAM
•= ART 1pR- 23 zzi i
A \ \
O +.1 + RURAL RESDENTIAL
� el
xao I � I
a. 1
MRFE AN I F
AGRICULTURAL/VACANT >_-
o-Tar
O I }
RURAL \ �� •�gSR£ET ® i
RESIOENiIAI/ ADDITIONAL INFORMATION REQUIRED UNDER (p
AGRICUU1KtAL p O «�1 0 w SECTION 50(2)OF THE PLANNING ACT,SO.1983. C
ry 1•I . o«w.n ruw Ifl+s s«o.«o«w.fT ru« /w
_>% 0• <.1 ._axe.«a a..=.. I`��.fln�. V�
O I<I az=xefw.�e«MafT.aff f[a«a .rtx fuuf[[T[fiui[
- NI AfTfu«aw 1}).isMf«°«AfNT f[.«
a��«c�.MT«,xf=cwr,»nc w f'ITnfe r'O^i.[c un..uo n.f sc[o
01
J ois� n i�r.� fix' :
SCHEDULE OF LAND USE
rie• - -sz..
i < .om.ffA�.ofl..•aso[uoa..wmfaffAOm�luc.Rc
am
a,.
OWNER'S AUTHORIZATION
IAa W t2i - i 1 „ /Lia K YRIe«RL wfQ. s/6s°CUTfz tl.lxfp TO M[MM.xo iPw:T
.meay.L TM�
O � wi.T,[Nxtff=aATO.[.
C , en ex
SURVEYOR'S CERTIFICATE
:ao :'�++• a I«ff.T— z u[a"f°m`.e:."::m"'o"0'..'a.`�'�'°zw"[::
bl \ .Ra`wo,/a�i°\aim«wnaa Klfw
� oi°afo uim suevfTea
M•DERMOTT d ASSOCIATES LIMITED
}
REGIONAL ROAD 1q.4 50 13 PM1fEMMG PARMAT,SUITE 4OG,PICK NG)Q
ERING,ONT,LIV SP2,1O-{III
j
° s REFORESTATION AREA/AGRICULTURAL/VACANT «o. s:loco KTwc
/ �.11 m.nwx�nn>uMmll �aO�f°1T ..Gi.+. �� tm.lffo
v.f lelaf:nt.R.WNR[ iMi:ITMT ..[Aw,(«[L UwR.HMf
RURAL RESIOENTIAL DRAFT PLAN OF SUBDIVISION
PART LOT 15,CONCESSION 7
mL TOWN OF NEWCASTLE
R�« PART ONE PAN IDR.3D23 _ REGIONAL MUNICIPALITY OF DURHAM
a 10 --- ----
= aRT 10 23
ORTunO• � \ LJ f u� Spot I.aO,oOO
.� .< `
RURAL RESIDENTULI
al I
15 t Lt I A�� w
A NREE AN °YI4 I 1 Lj
(A /` I I - AGRICULTURAL/VACANT
_' t,yy f \�o•x« Los«• 111 ro9«. - o a
1
o•n«
(n O
I
O Dos«. 1 1
.. ( ( �• CC)\v I
I
AuRAI- srAEET ADDITIONAL INFORMATION REQUIRED UNDER
a
°AGRIC ®
AGRICULTURAL p 4 pp a ' ° SECTION 50(2)OF THE PLANNING ACT,SO.1983.
ILA'
�� 1<I RRArr fur.Rl » III AS S OR ORA/ ILOA
_ �" \ oso i°.e mc•'r»nLSaawLLIw�Rlm Iu'�i rcIµo.%DaMTac ro.D
` •1! z+D �`§ al Aa a»o.R w wrT fL.R I II Aa a»D.»O»—IT ILAR
MV D \�a r Ht Aa s»O.R w aRAR tLAR
-
zta
SCHEDULE OF LAND USE
xao a az«
I - rcic rruT Resin L
>ba
Tor M4Re. 14:f.r n_,Oas Rer..m.T Drru T-
m
7 = rDTL:�AssOaATm rrtR eACR UW lue Me
/ i DnrAr[pllT ARD PAxo or DbIT nAR.
OWNER'S AUTHORIZATION
.RL.ARL RD aDw T»a
rtw ORMT RAY Cf fuaN%rilOR TOT»L RCCIOR 01 Dul»w IOR AffRO%AL.
I zx<�\ � Q nRRT Jloarrs e�rc
C°
arz
SURVEYORS CERTIFICATE
J�7 IUD R »CGTNT L.R<AK0 TNC M111
WRM �asYOAT TIK ADIO�Cju»Oa
130 \ \ �• rzv IN
br \ a.P.,CipJ.il�w�a o.L.z DDArm RD+u�e Rra�w
_ _ I `T uW a
M<DERMOTT&ASSOCIATES LIMITED
1305 PICKERING PARKWAY,SUITE 4O6,PICKERING,ONT.,LIV SP2,(416)420-41N
/ REGIONAL ROAD N0.9 L r
—L.E r TRIO OCNw E<Rm Htri ute
REFORESTATION AREA/AGRICULTURAL/VAUNT /fix//� .. RO. a:IOOO reiRlc
/ t.Dt�•.wNN.a N.V. . -' rArr r.L�RCR4, TL OaO1aLR,l,Rf IL m.nW
%TtiIJMRII
AwR�N,_—.tITN�ISN.T
DN: REYNAERT
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 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 "T to By-law 84-63 as amended, is hereby further amended by changing the zone
designation from:
"Agricultural (A)" to"Residential Estate- Holding ((H)RE)";
"Agricultural (A)" to"Environmental Protection(EP)";
as shown on the attached Schedule"A" hereto.
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
5 / 9
This is Schedule "A" to By-law 90
passed this day of 11990 A.D.
r-37.80
,•—55.19
243.29 I I Y 1 73.58 _
ti�{??i:'`+;�:??rii:i'`•:?firc:;'i <}:`}��,t':ii :i1;':�
e}•�7;:?:iii.'i??:?tiY:i':':•�?�;::4.'tS�:tt':ft�,4:i•,.ii' : ;?� 'ii}}:'t�':{it'.•'J::i'i:
?;iri:ti�:•�:i•i.'::'iii'?.,i;,i;.;v •4u:•�.17:: �;Ej;t:i:::�i;:t:�::,,
l0 225::i,IM ..:
t)i?i?>?°•r ''•:4:;i::i,';;ti:t; :.211;:t:' ii:::.:;•. ,',
�`�•`l�� '`; :;?`.`°i .::_::%:7•:::>;.. .�:...: ?;:;:;:r�; ART LOT 15
...� ;isrY:':?r:i•`;r:?:::i::::;1•:;rcri`eii:r i;i:';ri i:itii
<;_;:::•::.. :: ::•' ; ; ';i);=::; CONCESSION 7
iii: t,t.,:.::'r::•
2222. :�•:7•'•
ii't
22:2::1.'.'.::;'•:.:•: j:l�;.,,' .:::::�.iii•::::::
01.• ::2t2.'.•I•'..••:
M
•':t:+ ';el}:w::i•L::'G':iit2:2::e:•ii:ti::;:�'tisi5t:�?:ti.:;;.�,:t:y;
• Ili'::"r::::iiiii}�: !t�,
I 390.89
ZONING CHANGE FROM 'A' TO 'EP'
;`.'.:i •` ZONING CHANGE FROM 'A' TO '(H)RE'
0 40 60 120 160 200 m
Mayor 40111 Clerk
18 17 16 15 14 13 12 11 10 9 8
100
z
0
I A I 1 I I A I E N
I I I I W
1 1 I I I 1 W
U
1 I 1 I z
I 1 EP I 1 ( ( 1
1CONC.RO. 8 _ 1 8
I z I I I r
1 1 I w I 1 A 1 0
A 1 1
I ; S 1 1 i ,,
� o
W
, Y [� ,
a-T c" i % I 3
A.7 A
EP I EP•6 EP i O
1 REGIONAL RD. 9
SEE
C /� I I I EP SCHEDULE( EL) , z
1 1 a 1 tC]� 11 1 II CZ
IA W
I I I
0 260 600 1000.
Former Township of CLARKE 600 100 (�