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HomeMy WebLinkAboutPD-134-91THE CORPORATION OF THE TOWN OF NEWCASTLE DN: 18T89115.GPA REPORT Meeting: General Purpose and Administration Committee Fife # I f`r f Date: Monday, June 17, 1991 Res. # Hy -Law # Report #: PD- 134 -5_ 1 File : 18T -89115 Subject: SUBDIVISION APPLICATION - 290572 ONTARIO LIMITED PART LOT 35, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON FILE: 18T -89115 Rocomsnt ®is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 134 -91 be received; 2. THAT the Proposed Plan of Subdivision as submitted by D. G. Biddle and Associates on behalf of 290572 Ontario Limited, as per Attachment No. 1, be APPROVED subject to 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 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: 290572 Ontario Ltd. 1.2 Subdivision Application: to permit the development of 39 single family dwelling units. 1.3 Land Area: 4.945 Ha (12.21 Acre) 2. LOCATION 2.1 The subject property is located in Part Lot 35, Concession 3, former Township of Darlington. The lands subject to development AP ER -p- «Y RI�.S IS PP'".COY IiECYC .PAP ....2 REPORT NO. PD- 134 -91 PAGE 2 consist of an irregular shaped parcel which is traversed on the south east boundary of the property by the Harmony Creek. The lands are generally located one lot depth south of Lawson Road, and one lot depth east of Townline Road. Access to the site is limited to a 20.0 metre frontage on Townline Road. 3. BACKGROUND 3.1 Report PD -95 -91 dealing with the subject application for Proposed Draft Plan of Subdivision was presented to the General Purpose and Administration Committee on Monday April 22, 1991. Committee resolved to refer the report back to Staff to allow for the concerns raised by Mr. David Brazier in his letter dated April 22, 1991 to be fully addressed and for clarification of Section 7.7 of the report. A copy of Report PD -95 -91 is attached. 3.2 Mr. Brazier presented a letter to the Committee outlining his points of concern. Mr. Brazier was of the opinion the road allowance proposed being 20.08 m (65.87 ft) was not of sufficient width, and that a full 66 ft (20.117 m) was required to accommodate a proper road allowance. The letter advised that both Mr. Brazier's and Mr. Brown's properties front on Townline Road and abut the proposed road allowance on the north and south side respectively. They claim to have used the lands subject to the proposed Plan of Subdivision for access to the rear of their lands for a number of years and feel they should continue to enjoy such access. Thirdly, Mr. Brazier was of the opinion that the design of the subdivision would landlock the rear of his property with a triangular block (block 45) to be retained by the developer for future development. 3.3 Staff from both the Town Public Works Department and Planning Department met with Mr. Brazier, Mr Jeffery (the applicant) and the applicants agent following the Committee meeting. At the meeting it was explained to Mr. Brazier that a 20.0 m road allowance was the Town standard for local roads, therefore the ....3 REPORT NO. PD- 134 -91 PAGE 3 proposed 20.08 m road allowance is in conformity. On the question of access to the rear of Mr. Brazier's and Mr. Brown's properties, the applicant, the Town and Mr. Brazier agreed to leave 6.0 m openings in the 0.3 m (1 ft) reserve. The openings provide access to Mr. Brazier's and Mr. Brown's properties from the proposed street. This satisfied the concern of access to the rear of the two adjacent properties. In response to the third concern, it was explained to Mr. Brazier that the development of the rear of his property must be in accordance with the Town's Comprehensive zoning By -law requirements. In order for Mr Brazier to develop the rear portion of his lands he must meld his lands with his neighbour to the north and block 45 of the proposal in order to achieve appropriate lot depth and area for the construction of dwellings. 3.4 Section 7.7 of the report, which Council requested to be further clarified summarized the Public School Board's comments on the proposed subdivision. The school board had advised that as a condition of approval pedestrian access from the development to Old Varcoe Road will be required to facilitate passage of students. Mr Adamkovics, whose property fronts on Old Varcoe Road and abuts the development on the south side expressed concern regarding the request for a paved walkway and creek crossing. 3.5 The condition of approval to have the developer construct a paved pedestrian access from the site to Old Varcoe Road, including a creek crossing was further discussed with Public School Board Staff following the Committee meeting. The school board staff's concern revolved around the distance the students must walk to get to S. T. Worden Public School via Townline Road and Nash Road. The paved walkway and creek crossing was to provide a shorter route to the school, therefore eliminating the need for school busing. 3.6 Subsequent to further review, the School Board Staff has agreed F �.r) ....4 REPORT NO. PD- 134 -91 PAGE 4 to withdraw the walkway and creek crossing condition and replace it with a condition requiring a clause be registered on title of all lots created through the subdivision application. The clause to be registered on title would advise all future home buyers that the nearest Public School is S. T. Worden and the children will not be bused to the school. 3.7 The applicant while addressing the above concerns and undertaking the revisions, has also increased the unit count by one unit to 39 units from the original submission of 38 units. This has been reviewed by Staff and would comply with the 12.0 m minimum zoning requirements which were utilized to review the balance of the subdivision proposal. 4 CONCLUSION 4.1 In consideration of the comments contained herein and the previous report presented to Committee April 22, 1991, Staff recommend approval of the proposed application as submitted subject to conditions of approval. The conditions of approval contained in attachment No. 1 to PD -95 -91 are amended to reflect the comments contained in this report, and are attached hereto as attachment No. 1. Respectfully submitted, Franklin Wu, M.C.I.P. DIrector of Planning and Development CP *FW *cc 5 June 1991 Recommended for presentation to the Committee LdvvrenceKotseff Chief A Officer Attachment No. 1 - Conditions of Final Plan Registration Attachment No. 2 - Proposed Plan of Subdivision Attachment No. 3 - PD- 95 -91 ....5 REPORT NO. PD- 134 -91 PAGE 5 Interested parties to be notified of Council and Committee's decision: 290572 Ontario Ltd. 58 Rossland Road OSHAWA, Ontario L1G 2V5 D.G. Biddle & Associates Limited 96 King Street East OSHAWA, Ontario L1H 1B6 David Brazier 309 Townline Road North OSHAWA, Ontario L1H 8L7 I. Adamkovics 112 Old Varcoe Road BOWMANVILLE, Ontario L1C 3K4 Antonio Checchia R.R. # 5 OSHAWA, Ontario L1H 8L7 v ,.2 D N: 18T89115.GPA Attachment CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION 1�1I:7 }i117��YYI�ICN��i�l 1. That this approval applies to draft Plan of Subdivision 18T -89115 prepared by D. G. Biddle and Associated Ltd. dated (revised) May 30, 1991, showing Lots 1 to 39 inclusive for single family detached dwellings, Block 49 for Open Space, Block 48 for a walkway, and various blocks for reserves, and future development. 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. 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. 7. That the Owner shall be responsible for a successful Zoning By -law Amendment Application for the lands subject to the proposed Plan of Subdivision. 8. 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. p ....2 �w ; -2- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 9. That all easements, road widening, and reserves as required by the Town shall be granted to the Town free and clear of all encumbrances. 10. 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. 11. 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. 12. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Town's standards and criteria. 13. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground. 14. 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. 15. 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. 16. 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. - 3 -3- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) 17. That block 48 and 49 be accepted gratuitously and that block 48 (walkway) be paved and fenced (1.8 m high) to the valley floor. 18. That the owner /applicant contribute 50% of the costs of upgrading streetlighting and new sidewalk construction of the east side of Townline Road from the development south to Nash Road, to the satisfaction of the Director of Public Works. 19. That a temporary turning circle be constructed at the east limit of Street "A" and that lots 30 and 31 not develop until such time as development proceeds to the north. 20. That the applicant bear the costs (100 %) of any works on Townline Road which are necessitated as a result of this development. 21. That the applicant /owner submit a storm water management plan for the watershed as a whole for review and approval by the Director of Public Works. 22. That the applicant /owner advise in all offers of purchase and sale agreement that all school age children will be required to walk to S. T. Worden Public School. That busing will not be available. 23. That the owner /developer satisfy the requirements of the Northumberland Newcastle Public School Board financial or otherwise. 24. That the owner /developer satisfy the requirements of the Ministry of Natural Resources fmancial or otherwise. 25. That the owner /developer satisfy the requirements of the Central Lake Ontario Conservation Authority financial or otherwise. 1 W Y Q F a� Attachment No 2 Z J e• . iw f QQJ� — r JCID f 6� Ysrs y Q C) €yo D_ U) � 3 ��S t• D - - i : ° FL IL rex e sa �- a 0 44-1J �b0 d' 30-.18VA m s ' t F-1 ss oy o.ar »+w�a3v OVON r r 3Nl7NAtOl JL{n O 2 0 W r K U O Z i j KZ ` oz ri .s o_ _ z a : Y: `S _ pp cz 1 -3z- <N qv x L Lj i f Z O a ; n _/ C) 5 CO Q 'Dn 0 _ 0 W �_ LL CO - O Q r — Q CL LL O V LO U O Q Z r V Z T LO ME J r Z -1 a.-1J LL. a C) Z L, w Jf O Q r Z — a LL O W �d — I-- cif Attachment No 2 Z J e• . iw f QQJ� — r JCID f 6� Ysrs y Q C) €yo D_ U) � 3 ��S t• D - - i : ° FL IL rex e sa �- a 0 44-1J �b0 d' 30-.18VA m s ' t F-1 ss oy o.ar »+w�a3v OVON r r 3Nl7NAtOl JL{n O 2 0 W r K U O Z i j KZ ` oz ri .s o_ _ z a : Y: `S _ pp cz 1 -3z- <N qv x L Lj i f 7L� 1 Attachment No 2 a° .a O > n i8 ti b C 4 <CO Qwo Y J 3 ~, n i (n e Q(W mrni� N oieoe. �n o E 7 o z'S a a � �iS w ' -� � '`6, 4 �d0 SF CL 300NV�1 SF ONY Il 5107 N33I139 37WY1077Y OYOB PA LO LL �f — � , rF u�ai .Yrl�nf av�tst.I i w e 1 � J / ♦ \\ � o u ^- Ll V) 74 0 - gi M oM p oI to (n Of N IL O o 0 ~ -�i -- W u = J I OZ z i I o Q— I •o) \ u w r] ¢MWUA� J F- Z CL 0 J JLL a ,Lw0z LL. O Z O d F- K 3 Z LL O W r _ D 0_ F- Cl� ss •a+BVOa7mnJS3B ~'% 3L1Y?.N � I11N OW Y /HRO A L/1 JLi)/L+p 3?nIOJN OrtW MY , 3N17NMOI t \ r uJUr�r i M :71 Attachment No 3 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: 18T89115.GPA 124Z01M Meeting: General Purpose and Administration Committee File # Dia • 1 '� T- Date: Monday, April 22, 1991 Res. # PD -95 -91 DEV 18T -89115 By -Law # Report #: File #: Subject: SUBDIVISION APPLICATION - 290572 ONTARIO LIMITED PART LOT 35, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON FILE: 18T -89115 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1.. THAT Report PD -95 -91 be received; 2. THAT the Proposed. Plan of Subdivision, 18T -89115 revised and dated April 1991, submitted by D. G. Biddle and Associates on behalf of 290572 Ontario Limited, as per Attachment No. 1, be APPROVED subject to 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 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: 290572 Ontario Ltd. 1.2 Subaivision Application: to permit the development of 38 single family dwelling units. 1.3 Land Area: 4.945 Ha (12.21 Acre) 2. LOCATION 2. .1 The subject property is located in Part Lot 35, Concession 3, former Township of Darlington. The lands subject to development consist of an irregular shaped parcel which is traversed on the south east boundary of the property by the Harmony Creek. The lands are generally located one lot depth south of Lawson Road, and �y ....2 REPORT NO. PD -95 -91 PAGE 2 one lot depth east of Townline Road. Access to the site is limited to a 20.0 metre frontage on Townline Road. 3. BACKGROUND 3.1 The subject application for proposed Draft Plan of Subdivision was circulated to the Town in January of 1990 as part of Regional Planning Staff's circulation process. Town Planning Staff have in turned undertaken a circulation of the proposal to departments within the Town. 3.2 ' ,The application as submitted proposes to develop the subject lands with 38 single family dwelling units having a minimum of 13.0 metre frontage. The proposal has an 'Open Space' block of land consisting of 1.5 Ha. which relates to the Harmony Creek and associated valley lands, as well the applicant has proposed a 3.0 metre walkway to access the valley lands. The application proposes direct access to Townline Road as well as the potential for future development to the north of the site. 4 EXISTING AND SURROUNDING USES 4.1 The existing site is predominantly covered with scrub vegetation and a few mature trees- on the table lands, while the lands associated with the Harmony Creek valley have a significant number of mature trees. 4.2 Surrounding land uses are as follows: South: existing strip residential fronting on Townline Road North, the Harmony Creek and rear yards of existing residential lots fronting on Varcoe Road; East: the Harmony Creek and associated valley lands, Varcoe Road and vacant land subject to development applications. North: limited existing residential fronting on Lawson Road and Townline Road and a place of worship north of Lawson Road on Townline Road; West: existing residential fronting on Townline Road as well as existing residential backing onto Townline Road on the Oshawa side. 3 F, -) REPORT NO. PD -95 -91 PAGE 3 5 OFFICIAL PLAN POLICIES 5.1 Within the Durham Regional Official Plan the subject property is designated Residential and Major Open Space with Hazard Lands. The residential designation permits a variety of housing type, style and tenure. The goals of the major open space policies is to preserve and protect the unique attributes of the Region's landscape including the valleylands. The Hazard Land policies are primarily for the preservation and conservation of the natural land and /or environment and shall be managed to compliment adjacent land uses. and protect such uses from any physical hazards or their effects. The policies further state that the extent and exact location of such Hazard lands shall be determined in the respective zoning by -laws in accordance with floodline and contour mapping in consultation with the respective conservation authority. The application appears to comply. 5.2 Within the Town of Newcastle Official Plan the subject property is designated on Schedule 6 -1 as Residential and Major Open Space with Hazard Lands. Schedule 6 -2 (Environmental Sensitivity) illustrates the lands associated with the Harmony Creek as Major Open Space System and Environmentally Sensitive Areas. The Residential designation permits various forms of housing type style and tenure. Neighbourhood "lA" within which the application is located permits up to a maximum of 4300 people. The application would appear to comply with this target. The Major Open Space system recognizes those lands below the topographic break in slope of the creek systems. The precise boundaries of this system shall be delineated in the zoning by- law. As noted within the Official Plan policies, Council shall encourage public acquisition of and access to, for passive recreational purposes the valley lands of the Creek systems. The Hazard Lands policies state these lands shall be primarily for the preservation and conservation of natural land and /or environment and managed to compliment adjacent land uses. The development or ....4 redevelopment of such lands shall be subject to the regulations of Central Lake Ontario Conservation Authority and the Ministry of Natural Resources and the relevant sections of the Durham Regional Official Plan. The application would appear to comply. 5.3 In September of 1990, Town Council approved an amendment to the Courtice West Neighbourhood Development Plan. The amendment expanded the boundaries of the neighbourhood to include the lands west of Varcoe Road and north of Nash Road consistent with the Official Plan boundaries of the Courtice Urban Area. The proposal would appear to comply. 6 ZONING 6.1 Within the Town of Newcastle Comprehensive Zoning By -law the subject lands are zoned "Agricultural (A) " and "Environmental Protection (EP) ". The 'EP' zoning recognizes the lands associated with the Harmony Creek system and would not permit development thereon. The 'Agricultural' zoning would not permit the development of a plan of subdivision as proposed. A zoning by- law amendment is required. 7 AGENCY COMMENTS 7.1 The subject application was circulated by the Region of Durham Planning Department to a number of commenting agencies. The Town Planning Department in turn undertook a circulation of the applications to the departments within the Town. The Peterborough Victoria Northumberland and Newcastle Separate School Board provided no objection to the application as submitted. The following summarizes the balance of the responses received. 7.2 The Town of Newcastle Public Works Department Staff have reviewed the application and provided the following comments. Should the application be approved a temporary turning circle must be constructed at the east limit of street "A". Accordingly building permits would not be available for lots 30 and 31 until development ....5 i -_ 'c -• _- m -mow'.' REPORT NO. PD -95 -91 PAGE 4 redevelopment of such lands shall be subject to the regulations of Central Lake Ontario Conservation Authority and the Ministry of Natural Resources and the relevant sections of the Durham Regional Official Plan. The application would appear to comply. 5.3 In September of 1990, Town Council approved an amendment to the Courtice West Neighbourhood Development Plan. The amendment expanded the boundaries of the neighbourhood to include the lands west of Varcoe Road and north of Nash Road consistent with the Official Plan boundaries of the Courtice Urban Area. The proposal would appear to comply. 6 ZONING 6.1 Within the Town of Newcastle Comprehensive Zoning By -law the subject lands are zoned "Agricultural (A) " and "Environmental Protection (EP) ". The 'EP' zoning recognizes the lands associated with the Harmony Creek system and would not permit development thereon. The 'Agricultural' zoning would not permit the development of a plan of subdivision as proposed. A zoning by- law amendment is required. 7 AGENCY COMMENTS 7.1 The subject application was circulated by the Region of Durham Planning Department to a number of commenting agencies. The Town Planning Department in turn undertook a circulation of the applications to the departments within the Town. The Peterborough Victoria Northumberland and Newcastle Separate School Board provided no objection to the application as submitted. The following summarizes the balance of the responses received. 7.2 The Town of Newcastle Public Works Department Staff have reviewed the application and provided the following comments. Should the application be approved a temporary turning circle must be constructed at the east limit of street "A". Accordingly building permits would not be available for lots 30 and 31 until development ....5 i REPORT NO. PD -95 -91 PAGE 5 proceeds to the north. The owner is to contribute 50% of the cost of upgrading street lighting and sidewalk construction on Townline Road. The applicable 0.3 metre reserves are to be dedicated to the Town. The applicant is to bear the costs (100 %) of any works on Townline Road which are necessitated as a result of this development and that all the standard conditions of subdivision agreement be incorporated. 7.3 The Community Services Department advised they have no objection to the application subject to five percent (5%) cash -in -lieu of parkland dedication; block 48 and 49 being dedicated gratuitously; and block 48 being paved and fenced from the street to the valley floor. 7.4 The Fire Department has advised the subject lands fall within the recognized response area of station # 4, Trulls Road. The department is concerned that the Town's current fire standards may not be adequate, given the continuous trend of rapid urbanization. However, new development will generate lot levies to assist the Town to improve its fire protection service, therefore the Fire Department has no objection. 7.5 The Central Lake Ontario Conservation Authority Staff have reviewed the application and advise as follows. The site is traversed by the Harmony Creek and its valley system occupies the southern portion of the plan. Author -Ity Staff have concerns for potential erosion /stability problems along the valley wall, which could affect the proposed abutting tableland lots. Central Lake Ontario Conservation Authority Staff further advised that restoration of the 'normal' stream channel or selective erosion protection may be necessary to ensure the future stability of the valley wall. Block 48 (walkway) encourages pedestrian access to the valley, some form of erosion protection would be appropriate from this access point at the top -of -bank, over the slope to the valley floor. r -7 1 ....6 REPORT NO. PD -95 -91 PAGE 6 7.6 The Ministry of Natural Resources have advised that they have no objection to the development although they do have resource concerns. The Harmony Creek, which forms the south eastern boundary of 'the subject site flows into the Oshawa Second Marsh, which is considered to be provincially significant. The Ministry is concerned that unless proper stormwater management techniques and erosion control measures are employed on site, negative impacts on the marsh and its fish and wildlife habitat could result. The Ministry Staff have therefore recommended various conditions to be fulfilled prior to registration with regards to on -site drainage and grading, as well as on site preparation prior to any works being undertaken. 7.7 The Public School Board's review of the application advised some concerns were raised. The proposal will generate approximately 12 students at S.T. Worden Public School. The School Board has advised that as condition of approval pedestrian access from the development to Varcoe Road will be required to facilitate passage of students. Staff have reviewed this issue at some length and will require a pedestrian creek crossing and walkway connecting the subdivision to Varcoe Road. 7.8 The Regional Public Works Department has reviewed the application and advised municipal water supply and sanitary sewer services can be provided to the subject lands by way of extensions of existing services from Townline and Varcoe Road. The applicant will be responsible for the necessary easement. The proposed access to Townline Road is considered acceptable as long as the location conforms to Regional Road and Entranceway Policy. In consideration of the future Adelaide Avenue extension and resulting Lawson Road closure at Townline the proposed access is considered the only viable entrance for the proposal. 7.9 The City of Oshawa Planning Department forwarded a copy of their report to Planning and Development Committee. The report ....7 REPORT NO. PD -95 -91 PAGE 7 recommended no objection to the application subject to being advised of plans for reconstruction or alteration of storm drainage facilities on Townline Road North necessitated by this development. 8 STAFF CObMNTS 9.1 The application is proposing to create 38 single family dwelling lots on lands bounded by Townline Road to the west, Lawson Road to the north and a branch of the Harmony Creek valley on the south. The lands are currently zoned "Agricultural (A) " and "Environmental Protection (EP)". The Environmental Protection zone would appear to generally relate to the top -of -bank of the proposal and therefore is not subject to rezoning. The tablelands currently zoned "A" will require a zoning by -law amendment prior to development taking place. All the lots proposed provide a minimum 13.0 m (42 ft) frontage . 8.2 As noted in the report the subject proposal includes lands associated with the Harmony Creek. The applicant has proposed placing all the lands below top -of -bank in a separate block to be dedicated to the Town. Prior to dedicating said block to the Town, the applicant /owner will be required to undertake work associated with the creek to the satisfaction of Central Lake Ontario Conservation Authority. 8.3 The applicant has proposed a road pattern in keeping with the approved neighbourhood plan. The design would allow for the future development of the rear yards of lots fronting on Lawson Road. In addition, the plan provides opportunity for a future link road to Lawson Road. The Townline Road /Lawson Road intersection is to be closed at such time a link to Lawson Road can be constructed from either this proposal or the future Adelaide Street extension to the north. 8.4 The Public School Board has requested the applicant provide a pedestrian access to Varcoe Road. This access would require crossing the valley floor and establishing a creek crossing. The ....8 REPORT NO. PD -95 -91 PAGE 8 requirement has been reviewed with the applicant, Central Lake Ontario Conservation Authority and the Community Services Department. It is generally agreed, the pedestrian access is appropriate. The preferred location for the creek crossing has not been determined, although a few alternatives were identified. Staff will require the applicant to construct an access to Varcoe Road, including a creek crossing and associated walkways. The location and specifications of same to be to the satisfaction of the Public School Board, Central lake Ontario Conservation Authority and the Town. 9 CONCLUSION 9.1 Staff are satisfied the proposal complies with the policies of both Official Plans and the Neighbourhood Plan. The application is in keeping with the low density uses abutting the site and provides some variation in lot size. Staff would nave no objections to the approval of the proposed Plan of Subdivision, subject to the conditions of approval contained in Attachment #1. Respectfully submitted, Franklin Wu, M.C.I.P. DIrector of Planning and Development CP *FW *cc *Attach 15 April 1991 Recommended for presentation to the Committee LawrencoyE. Kotseff Chief AV inistrative Officer Interested parties to be notified of Council and Committee's decision: 290572 Ontario Ltd. 58 Rossland Road OSHAWA, Ontario L1G 2V5 D.G. Biddle & Associates Limited 96 King Street East OSHAWA, Ontario L1H 1B6 David Brazier 309 Townline Road North OSHAWA, Ontario L1H 8L7 �- 7 r, Antoio Checchia R.R. # 5 OSHAWA, Ontario L1H 8L7 I. Adamkovics 112 Old Varcoe Road BOWMANVILLE, Ontario L1C 3K4 17, DN: 18T89115.GPA CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION PLAN IDENTIFICATION 1. That this approval applies to draft Plan of Subdivision 18T -89115 prepared by D. G. Biddle and Associated Ltd. dated (revised) April, 1991, showing Lots 1 to 38 inclusive for single family detached dwellings, Block 49 for Open Space, Block 48 for a walkway, and various blocks for reserves, and future development. FINAL PLAN REQUIRFAM ENTS 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- IRV 5. G" 7. 0 i• .,i i ' 1 1'' i 1 C .,1' 10 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. That the Owner shall retain a qualified Engineer to prepare and submit a Hydrogeologist Report to the Director of Planning and Development to demonstrate that the proposed development will not adversely impact the existing wells in the surrounding areas. That the Owner shall retain a profescional 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. 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. That the Owner shall be responsible for a successful Zoning By -law Amendment Application for the lands subject to the proposed Plan of Subdivision. -2- CONDITIONS OF APPROVAL OF FINAL PLAN REGLSTRATiON 9. 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. 10. That all easements, road widening, and reserves as required by the Town shall be granted to the Town free and clear of all encumbrances. 11. 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. 12. 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. 13. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Town's standards and criteria 14. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground. 15. 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. 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. ...3 -3- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION 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 block 48 and 49 be accepted gratuitously and that block 48 (walkway) be paved and fenced (1.8 m high) to the valley floor. 19. That the owner /applicant contribute 50% of the costs of upgrading streetlighting and new sidewalk construction of the east side of Townline Road from the development south to Nash Road, to the satisfaction of the Director of Public Works. 20. That a temporary turning circle be constructed at the east limit of Street "A" and that lots 30 and 31 not develop until such time as development proceeds to the north. 21. That the applicant bear the costs (1007o) of any works on Townline Road which are necessitated as a result of this development. 22. That the applicant/owner submit a storm water management plan for the watershed as a whole for review and approval by the Director of Public Works. 23. That the applicant/owner design and construct a pedestrian access from Street "A" of the proposal to Varcoe Road. Said access to include a pedestrian creek crossing and a paved walkway from Street "A" to Varcoe Road, and the design and location of the walkway and pedestrian creek crossing to be approved by the Public School Board, Central Lake Ontario Conservation Authority and the Town. 24. That the owner /developer satisfy the requirements of the Northumberland Newcastle Public School Board financial or otherwise. 25. 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