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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. `:� 9A r1 •. •r •r r1 •. r) KEY PLAN H/Glj r '` �/�/ �j},I j`,' 1 � 1, Ii,\_ yn u�t n rr rr • rr r�r T ? I L ANVILE AREA TABLE o RESIDENTIAL LOTS tars I-1. 0.648 hot J y H RESIDENTIAL RESERVE 0.oa Ie 0.05 \ N ROADS tor„A.o,w.. uim 0.26 °0,9 4 I I ti TOTAL — 0.958 hot I Opp pk/ Q I ro ' UNIT COUNT N °232p•' �' I a 12.Om SINGLE .13 m 8 13.7m SINGLE i to X86°00• TOTAL — 14 units fo 3p 48ro•.E l ,I •\ 1 _� I 2 M I I tECO+o suRwyoR's cEtTMATE •, 3• M �• ; t h..oy�.,ny tt of IM bom*r+..of tho 4 O �_••, �����wwNry of SrbdtiiMon Imd. to b.wAArMM- h~-W.00% 5 • refd land and NW rrbllon.hlp to tM N}orrt I.nd. J rn w \ on oacvolry and aor..auy rho.n. !2 \� Pv mwlt (A.1­lk--y) a rfl .e 8 g T-1 ou' .1• sr•.r+. o.r www "' NOIES \ - As' AN dMIM»Mr tO OwMtk Oolwn. OWNERS AUI}MZATION C \ 1 Q ,4 AN«m.eVA I we wsmR•. 1F.- ORcrN-4MTIN Na�+Nda LTD \� -'- I WMq M.r'.gbtw*d owns of IM.rA}el I-ft rnls-sY1.sl.s.toNd �11CtS j� 13 5 =2Q•, h..by orth.4s OESM rtw W. __ \ 19.5 c' .." ` - to a.ad.6m11 s troll pion of _ r• 3`�� ADOITMAL WORMATTON REWIRED for mPro�ol. r. f6- - MW SEOTIM 50 (2) or THE z 14 I'3 a �� f -0 / PLANNING ACT _J���9� 1 13.7 4t A"M.14 WAOVWOPW h nhkh a 7 \_ rA U.•IMrs�Ms�M.'st b t ro -v a 12 N 11 1�\ _ / I 1/1 Moslw ot 1n.Moy plw pipw weir be L A N �' — RESIDENTI L. Kam ««n*h«»..� +to a,.a,.d.d' DRAFT U18 76 0 30"E A4E40121 ,r ;; R�SERVE PROPOSED SMVISION I / PART Of LOT 17 CONCESSION I Q•QS ha � (PART I [OR-3520) \ / IF of DUFWAA1 — / I I -� "Pbn Cwa dbrh�- / N Ta 8 ,e..... -.--K.�r�o...wR n "'' L,— mil!_ JA//M190 c-0725/6-1 Y6 -- ow. .... .w ee /a -r- 10008 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. 0 2 L T 7 CONCESS16V l 34'00 70•'I I II ( n k`ty: zebu co M •� I ti y` } F BUCK 16 t r.' E -��6 o 2 30 Ne4°12 �� R RS£RVSIDNTI L E c�•05ha ZONING CHANGE FROM 'A' TO '(H)R2' Mayor Clerk LOT 17 LOT 16 LOT 15 — � I I H)R H)R3 SUBJECT (H)CI SITE H I RC H)R ^ 0 (H)R A Fi N N W V Z (H)RI (H)RI Z 0 / (j) (H)R2 u � 0 Nib 0 q u ( A BOWMANVILLE 59 / 0 50 100 200 300M 60m 0