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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 k PRIVATE SEWAGE SYSTEM,HYDRO,ROAD 1.SHOWN ON DRAFT PLAN 8U/L U.a .DES/..gq��NTYAL IC�/ �Ja�/ Y �wEL /� AI Al _N I I I )) I LcT A D V. /C N lIMWMM) Gl�T Gou6 --_ --1f----� �_ -- — -- — -- .-- S I ILI 1GLC 1.C0 000 SURVEYOR'S CERTIFICATE I 1 SOWMI)ARC THAT THE 00"..IU OF THE tAHO To Y / m wiawocD ARC Hx+uccnr sHOH/w.. O /" E4,E7'/En/TFG>A? l b °s -� •ham\ �..2 - .I�j .lZ.__ , ti. >s PQao•Q,� y/�� //�'(�j��- / �3 \ ,(y�, WW -SY-f.K oiT[ JWM / �// T•G/QN�- •W 1 W `-\ 8'�.�. 79 ,V .In ONTARIO LAUD NAKYOR OWNER'S CERTIFICATE , 1 HERESr AUTHORISE me S 1$3I0N OF THIS PROPOSED.'' I /6 7 m 9 PLAN.n auSDlwsaN FOR AFFRaAL. N Al O I \ a 7i°�'ao E .� 1 AREAS \ JWI LOTS I-S aaYTna POM 0.317 M - �'�-' {- TOTAL 4,124 M YOIEVAI.AIO FLEISCHVII I CO.LTD. l / / ,// p�°t• /7� ONTARIO LAND SURVEYORS - I Pf" P� tlR U Cr+TAR10 STRCE T. (r,RMWA I'H:xlllii,u / R'moµ xF LIMIT 'as-4795 I METRICIDISTANCESSHOWNON f "e»rtvxnRCt Px`ee HawuuMLLGOxTiNq THIS'PLANAREINMETRESAND Poac.4ls rYZSI uc-s+s CAN BE CONVERTED TO FEET BY DIVIDING BY 0,304 8 3CPr.so,Iax .PC-a�G'1�l.cE sr.WC, •,C�EVi-,CEO.�lU/��E!4-/ R Yr, MLC' 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