HomeMy WebLinkAboutPD-226-90 1
UNFINISHED BUSINESS
""'ww•,y ; TOWN OF NEWCASTLE
DN: 18T86062 .GPA REPORT File # !,, t,,
Res. #
By-Law #
NESTING: General Purpose and Administration Committee
DATE: Monday, July 9, 1990
REPORT #: PD-226-90 FILE 18T-86062 REVISED
#:
SUBDIVISION APPLICATION - JOST
a&ECT: PART LOT 9, CONCESSION 6, FORMER TOWNSHIP OF DARLINGTON
FILE: 18T-86062 REVISED
RECOMMENDATIONS:
is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-226-90 be received;
2 . THAT the proposed Plan of Subdivision 18T-86062 REVISED and dated
June 14, 1990, for a total of nine (9) single family lots be
APPROVED subject to conditions previously imposed and contained
within PD-208-87 .
3 . THAT the Mayor and Clerk be authorized, by by-law, to execute an
amending subdivision Agreement between the Owner and the Town of
Newcastle for the development of a maximum nine ( 9) lots;
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: Otto and Elfriede Jost
1.2 Agent: D. G. Biddle and Associates Limited
1. 3 Subdivision: nine (9) hamlet residential lots
1.4 Area: 4 . 124 Ha ( 10 . 19 acres) . . . .2
il-
'J 6 1
REPORT NO. : PD-226-90 PAGE 2
2 . BACKGROUND:
2 . 1 In September of 1987 , Staff prepared report PD-208-87 for Committee
and Council's consideration. Said report reviewed the merits of
a proposed eleven ( 11) lot proposed plan of subdivision on the
above noted lands, as submitted by the Jost's . The report
recommended approval of the development proposal subject to
conditions . Committee and Council supported the application for
development of eleven lots .
2 .2 In February of 1988 the Region of Durham issued Draft Approval to
the proposal subject to conditions of approval. The applicant has
since attempted to satisfy those conditions in order to receive
final approval and registration of the Plan.
2 . 3 In January of 1990, upon entering into a Subdivision Agreement with
the Town for the subject site, a By-law was put forth and passed
by Council, removing the "Holding (H) " prefix from the subject
lands (By-law 90-7) .
2 .4 In January of 1990 the Health Department advised Regional Planning
and the Town that, although approval had previously been granted
in February of 1988 to the subject subdivision, they now required
further comments from the Ministry of Environment pursuant to the
Ministry's 'Reasonable Use Policy 15-08 .
2 .5 The Ministry replied to the Health Department's request was
received in May of 1990. Said response advised that preliminary
calculations indicate that the present density proposed will result
in nitrate levels in excess of Ontario Drinking Water objective.
This impact is not acceptable as it could result in the impairment
of the existing wells off-site and impair future groundwater use.
2 . 6 In consideration of the negative comments, a revised application
has been submitted illustrating nine (9) lots instead of eleven
( 11) thereby complying with the Ministry of the Environment
guidelines for the hydrogeological report. . . . .3
�� 6
REPORT NO. : PD-226-90 PAGE 3
3. STAFF COMMENTS
3 . 1 In reviewing the above-noted revisions to the proposed plan of
subdivision, Staff have no difficulty with the proposed amendment
to delete two lots . This in fact increases the lot area of the
remaining nine ( 9) lots, complying with the revised Official plan
policies regarding lot areas in hamlets (4000 M2) . Town Public
Works Staff have reviewed the proposed changes and advise they have
no objection.
3.2 Staff have discussed the required revisions to the Subdivision
Agreement with the applicant's agent and do not foresee
difficulties in administering the amendment. The conditions of
approval as previously forwarded to the Region will remain
applicable, with the exception of the reference to nine (9) lots
instead of eleven (11) .
4. CONCLUSION
4 . 1 In consideration of the above-noted comments, Staff's previous
review of the application and Council 's approval, Staff would have
no objection to the approval of the Proposed Plan of Subdivision
as Revised.
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C. I .P. L rence Kotseff
DIrector of Planning Chief A i ' strative
and Development Officer
CP*FW*cc
*Attach
29 June 1990
Interested parties to be notified of Council and Committee's decision:
D. G. Biddle & Associates Ltd. Mr. & Mrs . Jost
96 King Street East P.O. BOX 149
OSHAWA, Ontario HAMPTON, Ontario
L1H 1B6 LOB 1J0
ATTN: W. G. CREAMER
ATTACHMENT NO. 1 TO REPORT PD-208-87
CONDITIONS OF DRAFT APPROVAL
SUBDIVISION 18T-86062
I. That this approval shall apply to a draft Plan of Subdivision 18T-86062,
prepared by Merrill D. Brown Limited, Land Surveying and Engineering,
identified as their file number 86142-DP4, dated September 30, 1986,
which is revised in red as per the attached plan showing eleven (11) lots
for single family dwellings, and one (1) -block to be developed at a
future date.
2.. That the owner enter• i nto a Subdivision Agreement wi tai'- the ToGrn.'.of
Newcastle in respe��t.'of'•the subject. plan which 'shall •i.nGlude, • n•.addition
to the Town' s Standard r•equir•ements;• specific provisions with respect to
the following Conditions 3 to 21, all inclusive.
3. That all works are completed in accordance with the Town of Newcastle' s
Design Criteria and Standard drawings.
4. That any easements required by the Town be granted free and clear of all
encumbrances.
5. That sight triangles and 0.3 Metre Reserves as shown on the draft plan be
dedicated to the Town.
6. That the utility distribution on the cul-de-sac (Hydro, Bell , Cable TV,
etc. ) be installed underground (both primary and secondary services).
7. That the applicant be responsible for any external works on Clemens Road
which may be necessitated as a result of this development, i .e. ditching.
8. That Lots 10 and 11 be revised as shown on the attached plan with
frontage being obtained from the internal street.
9. That each lot have a minimum lot area of 3000m2.
10. That the owner meet the requirements of the Public Works Department,
financial and otherwise.
11. That the developer contribute to the costs of reconstructing Clemens Road
in accordance with Town Policy.
12. The developer shall provide street lighting at the intersection of
Clemens Road and the proposed cul-de-sac.
13. All of the other standard requirements re: Lot Grading, Schedules of
Work, Performance Guarantees, Cost Estimates, etc. , will be included in
the Subdivision Agreement.
14. That the Owner pay to the municipality cash-in-lieu of 5% parkland
dedication.
. . .2
Page 2 of ATTACHMENT NO. 1 TO REPORT PD-208-87
CONDITIONS OF DRAFT APPROVAL
SUBDIVISION 18T-86062
15. The owner- shall agree in the Subdivision Agreement:
a) not to carry-out gr-ading or- filling including the- rough gr-ading of
roads on the site without the written approval of Central Lake
Ontario Conservation Authority; and
b):' -.to carry-o-ut qr cause to be car•ri.ed_out.conditions.on per•mits.•.issued
'f0r•- the site b .the Central 'Lake.:Ontar•io Conservation -Authority,.
16•. That the O'wnei �submi t to the. sati•sfa-ctio.n :of'- the Health �Ser.vices .'
Department, a subdivision plot plan showing house, well and' septic system.. .
.locations on each lot, as well as type and locations of wells and septic
systems on abutting lots to the north. This plot plan shall be approved
by the Health Services Department or the draft plan revised to satisfy
their concerns prior- to final approval .
17. That the Owner- demolish the existing barn located on the owner's land to
the south prior to final approval .
18. That the road allowances included in this draft plan be dedicated as
public highways.
19. That the road allowances in the plan be named to the satisfaction of the
Town of Newcastle and the Regional Municipality of Durham.
20. That the modifications indicated on the red-lined plan be incorporated
into the plan of subdivision.
21. That the owner agrees in writing, to satisfy all requirements, financial
and otherwise, of the Region of Durham.
FILE
DRAFT PLAN OF PROPOSED FLAN OF SUBDIVISION
'•, OF PART OF LOT 9,CONCESSION 6, -
ADDITIONAL INFORMATION ' GEOGRAPHIC TOWNSHIPOF DARLINGTON _ -
RFAUIREO LHNOER SECTION e0 Cv THE BANNING -NOW WITHIN THE LIMITS OF THE -
A.SHOWN ON DRAFT AND NEY RAMS TOWN OF NEWCASTLE - KEY PLAN '
d SHOWN ON DRArrANDKEY PLANS REGIONAL MUNICIPALITY OF DURHAM N
SCALE I+ 1250 i A'1
c SHOWN ON KEY PLAN - _. •--f'• x''— ,•
d s dDIE ravlLY DwELUNGS M.C.BROWN,O.L.S.,1986 - Al EP (H)'H (HIRH EP
1.SHOWN OND'RAFT PAN_ 1 :�
I.SHOWN ON DRAFT RAN 0 ^
W.
II
,SHOWN ON DRAFT MAN :MWa.' fM
A.DRILLED WELLS RO�]!7 iA.L-I-S�wGa '�E 'N @ e�7 }
1.BONOHEAD.LOAN
J.SHOWN ON DRAFT RAN - .. Al � C�H01 EP
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SURVEYOR'S CERTIFICATE
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OWNER'S CERTIFICATE ,
1 HERESr AUTHORISE me S 1$3I0N OF THIS PROPOSED.''
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66142-DP4
DN: JOST.BL
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 90-
being a By-law to authorize the entering into of an Agreement with Otto and
Elfreida Jost and the Corporation of the Town of Newcastle.
The Council of the Corporation of the Town of Newcastle enacts as follows:
1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of
the Corporation of the Town of Newcastle, and seal with the Corporation's
seal, an Agreement between Otto and Elfreide Jost and the said Corporation
dated the day of , 1990, in the form attached
hereto as Schedule "A"
2. THAT the Mayor and Clerk are hereby authorized to Accept, on behalf of
the Town, any conveyances of lands required pursuant to the aforesaid
Agreement.
3. Schedule "A" attached hereto shall form part of this By-law.
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