HomeMy WebLinkAboutPD-155-91 THE CORPORATION OF THE TOWN OF NEWCASTLE
DN: DEV91009 .GPA REPORT
Meeting: General Purpose and Administration Committee F i I e # a N-7-4,`Y�k 0C
Date: Monday, July 8, 1991 Res. #
R e p o rt#:PD-r-1-55-m-9_1 File #: _____D_E_V91-009 & 18 T 8 8 0 6 7 By-Law#
Subject: REZONING APPLICATION & RED-LINED REVISION TO DRAFT APPROVED PLAN OF
SUBDIVISION -
G.M. SERNAS ON BEHALF OF 715982 & 727114 ONTARIO LIMITED
PART LOT 30, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON
FILE: DEV 91-009, 1BT88067
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-155-91 be received;
2 . THAT the proposed Revisions to Draft Plan of Subdivision 18T88067
revised and dated June 1991, as per Attachment No. 3, be APPROVED
subject to the conditions contained within this Report;
3 . THAT application to amend the Town of Newcastle Comprehensive
Zoning By-law 84-63, as amended, submitted by G.M. Sernas and
Associates on behalf of 715982 & 727114 Ontario Limited to permit
the reconfiguration of the proposed road and the associated
relotting, be APPROVED;
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 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;
6 . THAT a copy of this Report and Council's Decision be forwarded to
the Region of Durham Planning Department; and
7 . THAT the Durham Region Planning Department, and all interested
parties listed in this report and any delegation be advised of
Council's decision.
1. APPLICATION DETAILS
1. 1 Applicant: G.M. Sernas and Associates
1.2 Owner: 715982 & 727114 Ontario Limited
2
PANE nEcyc"
HIS 6 NIMED-PCCYSLED PAPE R
REPORT NO. PD-155-91 PAGE 2
1 . 3 Rezoning: From Agricultural (A) to "Holding - Urban
Residential Type Three ( (H)R3)
1 .4 Area: 0 .27 ha (0 . 68 ac)
2 LOCATION
2 . 1 The subject site is located in Part of Lot 30, Concession 3,
former Township of Darlington. More specifically, the lands are
situated in the eastern most part of a Draft Approved Plan of
Subdivision, being 1BT88067 (Attachment #2) .
3 BACKGROUND
3. 1 On March 14, 1991, the Planning Department was notified that
changes to Draft Plan of Subdivision 18T 88067 were requested
(Attachment #2) . This change proposed a reconfiguration of the
street, resulting in a relotting of the eastern-most lots . An
amendment to the Town of Newcastle Comprehensive Zoning By-law
84-63, was required as the reconfiguration of the street made
lands which were zoned "Agricultural" accessible for residential
development. The application for amendment proposes to rezone
the lands from "Agricultural" to "Holding - Urban Residential
Type Three" permitting the development of townhomes on the
eastern-most portion of the subject site.
4 EXISTING AND SURROUNDING USES
4 . 1 Existing Uses: Draft Approved Plan of Subdivision ( 18T 88067)
4 .2 Surrounding Uses :
East - Draft Approved Plan of Subdivision ( 18T 77028)
West - Draft Approved Plan of Subdivision ( 18T 88067)
South - Proposed Plan of Subdivision (18T 91005)
North - Proposed Plan of Subdivision (18T 91006)
5 OFFICIAL PLAN POLICIES
5. 1 According to both the Durham Region Official Plan and the Town of
Newcastle Official Plan, the subject lands are designated
"Residential" . . . . . 3
►- I
REPORT NO. PD-155-91 PAGE 3
5 .2 The Courtice North Neighbourhood 3B Plan shows that the lands are
designated "Residential - Medium Density, maximum 38 units per
net hectare" . The proposed relotting does not increase the total
number of units within Draft Approved Subdivision 18T 88067,
hence not increasing the overall density of the lands.
6 ZONING BY-LAW PROVISIONS
6 . 1 The subject lands are zoned "Agricultural (A) " , necessitating a
rezoning of the lands to permit the proposed road realignment and
relotting.
7 PUBLIC MEETING AND SUBMISSION
7 . 1 Pursuant to Council's Resolution of July 26, 1982 and the
requirements of the Planning Act the appropriate signage
acknowledging the application was installed on the subject lands.
In addition, the appropriate notice was mailed to each landowner
within the prescribed distance.
7 .2 A Public Meeting was held on May 6, 1991 at which time this
application was heard. No one spoke in support or opposition to
this application.
8 AGENCY COMMENTS
8 . 1 In accordance with departmental procedures, the application was
circulated to obtain comments from other departments and
agencies . The following departments/agencies in providing
comments, offered no objection to the application as filed:
The Town of Newcastle Fire Department
Durham Region Planning Department
Central Lake Ontario Conservation Authority
Northumberland and Newcastle Board of Education
Peterborough Victoria Northumberland Newcastle
Roman Catholic Separate School Board
Ministry of Natural Resources
L:lCi . . . .4
r ,
REPORT NO. PD-155-91 PAGE 4
8 . 2 The Town of Newcastle Community Services Department has requested
that the owner provide cash-in-lieu of parkland on the basis of 1
hectare per 300 dwelling units, with the funds being credited to
the Parks Reserve Account.
8 . 3 The Town of Newcastle Public Works Department is satisfied with
the new road configuration with the proposed Turning Circle being
located on the lands to the north. Staff would note that the
additional lands are incorporated within the limits of the Plan
of Subdivision, as revised.
9 STAFF COMMENTS
9 . 1 Staff note that this application is the result of a request by
the owner to revise the Draft Approved Plan of Subdivision ( 18T
88067) . By changing the location of the cul-de-sac, the lot
configuration was affected. The number of townhouse units did
not change and the lot areas increased. The overall effect is
that of decreasing the density per net ha.
9 .2 Staff note that the changes are minor and the conditions of
Subdivision Approval have remained basically unchanged. The
original conditions of approval remain applicable (Attachment #5)
with the exception a few changes (Attachment #4) .
10 CONCLUSION
10. 1 The proposed change to the subdivision plan is minor and
therefore recommend approval of the Revision to the Draft Plan of
Subdivision ( 18T88067) and approval of the related amendment to
the zoning by-law.
. . . .5
C
REPORT NO. PD-155-91 PAGE 5
Respectfully submitted, Recommended for presentation
to the Committee
A Qw I
Franklin Wu, M.C. I .P. La ence Kotseff
DIrector of Planning Chief A i strative
and Development Officer
ATTACHMENT #1 . . . . . Location Sketch
ATTACHMENT #2 . . . . . Proposed Revisions to 18T88067
ATTACHMENT #3 . . . . . Proposed Revisions to 18T88067, revised
ATTACHMENT #4 . . . . . Amendment to Draft Conditions of Subdivision
ATTACHMENT #5 . . . . . Original Draft Conditions of Subdivision
HM*FW*cc
*Attach
26 June 1991
Interested parties to be notified of Council and Committee's decision:
715982 Ontario Limited G.M.Sernas and Associates
727114 Ontario Limited 110 Scotia Court
c/o Delbert Developments Unit 41
5460 Yonge Street Whitby, Ontario
Suite 212 L1N 8Y6
North York, Ontario
M2N 6K7
ATTACHMENT # 1
LOCATION MAP
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ATTACHMENT#2
PROPOSED CHANGES TO DRAFT APPROVED
PLAN OF SUBDIVISION 18T 88067
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A17ACHMENT *4
AMENDED CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
PLAN IDENTIFICATION
1. That this approval applies to revised draft Plan of Subdivision
18T-88067 prepared by G. M. Sernas & Associates Ltd. dated June
1991 showing Lots 1 to 8 inclusive for single family detached
dwellings, Lots 9 to 12 inclusive for link dwellings, Block 14,
18 and 19 for 13 On-Street Townhouses, and various blocks for
reserve, road widening, site triangle, turning circles, temporary
easements, 0 .3 metre reserves and future development.
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT
18 . If the development does not proceed to the north, Block 20, being
a turning circle, shall be built as a permanent road as per Town
of Newcastle Public Works Standards .
19 . Block 21, and 25 be conveyed to the Town of Newcastle as 3. 0
metre easements free and clear of all encumbrances .
20 . Block 21, 24, 26, 27 & 28 be deeded to the Town of Newcastle as
3 . 0 metre reserve free and clear of all encumbrances .
21. That Block 17 be deeded to the Town of Newcastle free and clear
of all encumbrances as a 5 . 18 metre road widening.
DN: CARNOVALE.DRA ATTACHMENT #5
CONDITIONS OF APPROVAL, OF FINAL PLAN REGISTRATION
PLAN IDENTIFICATION
1. That this approval applies to draft Plan cf Subdivision 18T-88067 prepared by
Design Plan Services Inc. dated (revised) April 3, 1989 (and further revised in
red as per the attached plan) showing Lot=_ 1 to 8 inclusive for single family
detached dwellings, Lots 9 to 11 inclusive for semi-detached or linked dwellings,
Block 14 for 16 Street Townhouses, and varicus blocks for reserve, road widening,
site triangle etc.
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 major and minor drainage systems shall be designed in accordance with
the "Black Creek Tributary Master Drainage Study", G. M. Sernas and Associates,
i
Revised May, 1990.
5. That the major and minor drainage systems design shall meet the approval of the
Town of Newcastle Public Works Department.
6. 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.
7. 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. Removal of trees prior to approval of the tree preservation plan, or
not in accordance with the approved-tree preservation plan may void all approvals
granted by the Town.
. . ..2
-2-
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT
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.
.9. That all easements,_ road widening;: and, reserves as required -by the, Town• shall
be. granted -to the, Town •free and clear of all encuinbrances.
That the Owner shall pay to the Town at the time.. of execution of the
subdivision agreement, cash-in-lieu of parkland dedication for residential
development on the basis of 1 hectare per 300 dwelling units.
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, the owner shall . retain an
architect to prepare and submit an Architectural Control Plan to the Director
of Planning and Development. The architect shall further certify that the said
Plan has achieved the objectives of providing: a variety of housing style;
attractive streetscape treatment; harmony of colour, style and exterior materials
used, etc.
15. That prior to the issuance of building permits, the Owner shall, through its
acoustic engineer, to provide a certification to the Director of Planning,
certifying that the Builder's plans are in accordance with the Noise Control
Report as approved by .the Ministry of the Environment and the Town of Newcastle.
. ..3
-3-
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D)
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.
17. The Owner agrees that where the well or private water supply of any person ic
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.
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 91-
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
the Revisions to the Draft Approved Plan of Subdivision 18T-88067;
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 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 "4" to By-law 84-63 as amended, is hereby further amended by changing the zone
designation as shown on the attached Schedule "A" hereto from:
"Agricultural (A)" to"Holding - Urban Residential Type Three ((H)R3)"
2. Schedule "A" attached hereto shall form part of this By-law.
4. 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 1991.
BY-LAW read a second time this day of 1991.
BY-LAW read a third time and finally passed this day of 1991.
MAYOR
CLERK
l 91
V
This is Schedule "A" to By-law 91 - ,
passed this —. day of , 1991 A.D.
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