HomeMy WebLinkAboutPD-210-90 TOWN OF NEWCASTLE
REPORT File #
FN: DEV90010 =Res. #
. By-Law
MEETING: General Purpose and Administration Committee
DATE: Monday, June 18, 1990
REPORT #: PD-210-90 FILE #: DEV 90-010 (X-REF 18T-90008)
SUBJECT: REZONING APPLICATION - GREEN - MARTIN HOLDINGS LTD.
PART LOT 17, CONCESSION 1, FORMER TOWN OF BOWMANVILLE
FILE: DEV 90-010 (X-REF 18T-90008)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-210-90 be received;
2 . THAT the proposed Plan of Subdivision 18T-90008 dated January 18,
1990, 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 the attached amendment to By-law 84-63 be APPROVED and that
the "Holding (H) " symbol be removed by By-law upon execution of a
subdivision Agreement;
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.
1. APPLICATION DETAILS
1. 1 Applicant: Green - Martin Holdings Ltd.
1.2 Agent: Design Plan Services Inc .
) tC . . .2
REPORT NO. : PD-210-90 PAGE 2
1. 3 Rezoning Application: from "Agricultural (A) " to an appropriate
zone to permit the proposed Plan of
Subdivision
1.4 Subdivision: to permit the development of fourteen (14) 12 .0
metre (40 ft) minimum frontage single family
dwelling lots.
1.5 Land Area: 0 . 958 Ha (2 . 367 Acres)
2. BACKGROUND
2 . 1 An application was received by the Town of Newcastle Planning and
Development Department on January 24, 1990, proposing to rezone a
0 .95 Ha parcel of land to allow for the development of fourteen
( 14) single family dwelling lots . The subject lands are adjacent
to other lands owned by the proponent which have recently received
Draft approval ( 18T-88047) .
2 .2 The applicant has also submitted an application for proposed Plan
of Subdivision. The subject proposal would provide a continuation
of the road pattern previously approved through plan 18T-88047 .
Town Planning Staff have circulated the applications concurrently
in order to expedite the process.
3 LOCATION
3 . 1 The subject property is located in Pt. Lt. 17, Conc . 1, former Town
of Bowmanville. The subject lands have been created through land
severance and therefore have no frontage on an existing road
allowance, although, as noted above the lands do connect to the
west with a previously approved plan of subdivision ( 18T-88047) .
The lands are generally located south of Highway No. 2, west of
Green Road, north of the Canadian Pacific Rail line and east of the
west limit of the $owmanville Urban Boundary.
3
REPORT NO. : PD- -90 PAGE 3
4 EXISTING AND SURROUNDING USES
4. 1 The subject lands are currently vacant of any structures.
Surrounding land uses include:
North: limited existing residential, Highway No. 2 and limited
strip residential.
East: Existing residential fronting on Green Road, Green Road,
and vacant lands subject to development applications.
South: vacant lands comprising Draft Approved Plan of
Subdivision 18T-88047 .
West: Agricultural land housing a barn, said lands are also
comprised in 18T-88047 .
5 PUBLIC MEETING AND RESPONSE
5 . 1 Pursuant to Council's resolution of July 26, 1982 and the
requirements of the Planning Act, the appropriate signage
acknowledging the rezoning application was installed on the subject
lands . In addition the appropriate notice was mailed to each
landowner within the prescribed distance.
5 .2 The Public Meeting as required was held april 23, 1990 . No one
appeared in opposition to the application. As of the writing of
this report, no written submissions have been received.
6. OFFICIAL PLAN POLICIES
6 . 1 Within the Durham Regional Official Plan the subject property is
designated 'Residential ' . The residential policies allow
development of housing and encourage a variety of dwelling types
and style. The application would appear to comply.
6 .2 Within the Town of Newcastle Official Plan, Bowmanville Major Urban
Area, the subject lands are within neighbourhood 13C' and
designated 'Low Density Residential' . Said policies allow
residential development to a maximum density of 30 units per net
hectare, however the application must also comply with the
population target of 2500 . The application has a proposed density
of 21. 6 and would not appear to offend the designated population
target. P . . .4
REPORT NO. : PD-210-90 PAGE 4
7 AGENCY COMMENTS
7 . 1 The subject subdivision and rezoning applications were circulated
by the Region and the Town respectively to a number of agencies
and departments for comment.
7 .2 The Town of Newcastle Public Works Department advised that they
have no objection in principle to the applications. They have
requested conditions of the developer, should the plan be approved.
The applicant/owner in addition to the standard conditions of
approval will be required to satisfy the Director of Public Works
with regards to drainage in a manner consistent with the Storm
Water Drainage Report for this watershed.
7 . 3 The Newcastle Fire Department indicated the subject site falls
within the recognized response area of Station # 1, Bowmanville.
However, they advised that approval of this plan is dependant on
access from Highway No. 2 and Green Road being in compliance.
7 .4 The Newcastle Community Services Department provided no objection
to the subject application, provided that the five percent (5%)
park land dedication be received as cash-in-lieu.
7 .5 The Central Lake Ontario Conservation Authority Staff have advised
that the subject lands are located within the Westside Creek
drainage basin and abut Draft Approved Plan of subdivision 18T-
88047 . Concerns for development within this area will be resolved
through implementation of the Westside Creek Master Drainage Study.
Should the subject application be approved the Authority has
requested conditions of approval to be satisfied prior to site
preparation and grading.
7 .6 Regional Planning Staff commented that the subject lands are
designated 'Residential' in both the Durham and Newcastle Official
plan's . The application for rezoning would appear to comply.
f.) rJ 9
. . . .5
REPORT NO. : PD-210-90 PAGE 5
7 .7 Regional Public Works Staff have advised that sanitary sewer and
watermain are not immediately available to service the subject
lands . Development of the adjacent lands 18T-88047 will provide
the necessary services. The Works Department has no objection to
the application subject to conditions including withholding final
approval until the installation of services on the adjacent plan
18T-88047 is committed by way of subdivision agreement.
7 .8 The Ministry of Natural Resources Staff have advised that while
they have no objection to the principle of development, they have
some resource concerns with the proposal. The subject site is
within the Westside Creek watershed which flows into Westside Beach
wetland. Due to the significance of the wetland for water quality
degradation, Ministry Staff have requested conditions of approval
with regard to stormwater management techniques.
7 .9 Newcastle Hydro, the Public School Board, the Separate School
Board, the Ministry of the Environment, Ontario Hydro and Bell
Canada have responded that they have no objection to further
processing of the subject applications .
8 STAFF COMMENTS
8. 1 The subject application is considered a form of infilling in as
much as the adjacent lands to the west have received previous
approvals require the completion of a Subdivision Agreement. The
proposed lots would be consistent with prior approvals . The
submission also allows for the continued road pattern of street "A"
from the west to the east, and street "B" southward.
8.2 The subject lands presently have no access to an existing road
allowance. Therefore, said development may only proceed at such
time adjacent lands to the west and south have developed through
Plan 18T-88047 . Comments from a few agencies have highlighted the
dependence of the subject proposal on the lands to the west and
south and advise that final approval not be provided until
commitments are made on 18T-88047 . . . . .6
� 9
REPORT NO. : PD-210-90 PAGE 6
9 CONCLUSION
9 . 1 In consideration of the comments noted above Staff would have no
objection to the approval of the proposed Plan of Subdivision as
submitted, subject to the conditions of Draft Approval as contained
in Attachment No. 1 annexed hereto.
9 .2 Furthermore, Staff 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 proposed Plan of Subdivision. It is noted that
removal of the "Holding (H) " prefix will require Council approval,
at such time as the Subdivision Agreement is registered. A further
rezoning (removal of "H" ) application will not be required in order
to finalize the zoning at such time the Agreement has been
finalized.
Respectfully submitted, Recommended for presentation
to the Committee
ranklin Wu, M.C. I .P. Lawrence Kotseff
DIrector of Planning Chief A i istrative
and Development Officer
CP*FW*cp
*Attach
8 June 1990
Interested parties to be notified of Council and Committee's decision:
Green - Martin Holdings Ltd.
250 Consumers Road
Suite 403,
NORTH YORK, Ontario
M2J 4V6
Design Plan Services Inc .
385 The West Mall
Suite 303,
ETOBICOKE, Ontario
M9C 1E7
DN: 90008.DRA
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
PLAN IDENTIFICATION
1. That this approval applies to draft Plan of Subdivision 18T-90008 prepared by
Design Plan Services dated January 18, 1990 showing Lots 1 to 14 inclusive for
single family detached dwellings, one block for future residential development
and a block for reserve.
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.
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 for residential
development.
. . ..2
-2-
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
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, 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.
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, 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.
15. 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
BO 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.
16. That all drainage concerns of this development are dealt with and addressed in
a manner consistent with the findings of the Storm Water Management Drainage
Report for this watershed as approved by the Director of Public Works.
. . .3
-3-
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D)
17. That a temporary turning circle will be required on Street "A" and that the lots
adjacent to this turning circle will not be eligible for building permit issuance
until such time as development proceeds beyond the existing subdivision limits.
18. That due to servicing constraints the development of the subject lands shall be
in conjunction with adjacent land in 18T-88047.
19. Prior to final approval and any on site grading the applicant must satisfy the
Central Lake Ontario Conservation Authority financially and otherwise.
20. Prior to final approval the applicant must satisfy the Ministry of Natural
Resources financially and otherwise.
21. Prior to final approval the applicant must satisfy Bell Canada financially and
otherwise.
22. Prior to final approval the applicant must satisfy Ontario Hydro financially and
otherwise.
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AREA TABLE
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J y H RESIDENTIAL RESERVE 0.oa Ie 0.05
\ N ROADS tor„A.o,w.. uim 0.26
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' UNIT COUNT
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m 8 13.7m SINGLE i
to X86°00• TOTAL — 14 units
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DN: 90008.BL
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 1ST-90008; 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 "3" to By-law 84-63 as amended, is hereby further amended by changing the zone
designation from:
"Agricultural'(A)" to"Holding - Urban Residential Type Two ((H)R2)"
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
596
This is Schedule "A" to By-law 90- ,
passed this day of , 1990 A.D.
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