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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 ® SUBJECT SITE LOT 31 LOT 30 LOT 2 9 i I A-8 I ° I; EP 0 I A A A u, cn Ld oz ��z I A u o R2 R� (H)R4 E (H)R4 EP f R2-2 A i R I R, i (H)R3 R1 1 EP . _ EP EP (H)R2-3 R2 1 I 1 E P a R2' I R I ' R2 NASH ROAD 0 50 *0 200 300.E KEY MAP Dev. 91 -009 "' 61 ATTACHMENT#2 PROPOSED CHANGES TO DRAFT APPROVED PLAN OF SUBDIVISION 18T 88067 r-'r'it -d'At'r __-- / f L I _ FUTURE FUTURE DEVELOPMENT �- DEVELOPMENT �-•... . r-1 , BLK.D.:zs ••.'•:`.BLOCK E•:.'.:;;;:•;:.� . J L_-J �� 1 CK,C AREA SUBJECT :;cuwsru T H:i �— TO REZONING CUL—DE—SAC r f I 7.5(6.0I 6.0I 6.0 16.T 0(6.0 rII F'ut :1�4:•6 .,.:•.:.:,.::\.. .:• • K t TRULLS DE LBE RT PH.1%0qK 18T•88067 T H G.M.S erna s I I n '•)N: •::•:;::: '''.:•`. c� associates Ltd. bG:Cmclthp Enphan k P1mn.n 110 Scotto Cowl,Unit Al. y,Onto,,.Lim 1000 (416)PROJECT No. RED-LINE REVISION DRAW SY: p,H. 90174 TO 18T-88067 OESC'm By: L.C. DRANWNC No. CHECe[�By B.J. ATTACHMENT #3 - Proprose eR v�sTons to 1MM . re I V , • r NE N °y. RED-LINE — — I I i � REVISION F - ` ► I OF 4 I I I r 18T-88067 X 7 PART OF LOT 30. f CONCESSION 3 h / p TOWN OF NEWCASTLE REGIONAL MUNICIPALITY OF DURHAM •a _ 1 ( , �T•'—�'�� \ SCHEDULE OF LAND USE GEORGE REYNOLDS ,il ) \ RELEVANT INFORMATION ° — T DRIVE "— -- 14ix� J1�--{I' r ' I LOr u i I T ` I I I C° ^\' — — \ t•�.o.T a..aiusn.ww°ail• i ( u / 1 i X ` I 1IQ> �'\ rotafnnNw» Ircft< L L _ _ io ♦AC< — _ TOTLL Am T O t fAWLY RnwanA _ 11C41UPQ19,la+'�RC`.1✓ODIT mrAL�awn RmownAL t>•n.m .—-—-—-— mTAI ARCA RFSOanK 111T IT ..-�• \ ./ ——_ v �nwns.'n..nnn+cNr Tu TORNNOCaE UHTa TEMPORARr ME US ImIm / I �- l"_.I -—_ -—_ -{ .`\ ��^ �_—-—•— TURNING tlRtlE EASEYQITa- A lemnca Rao Rlowwo �— I(A SEE PLA 78t-8435_ \ SECMO 90(2)OF TNC PLANNNINO ACT O.&n RESER �I_I� 8 'nxa^ o.JmRes c I� ESER1'E y 9lOC)(- 20—` /^�o�/ $ TEMP.EA EN �h ONNER'S CkRDFlGTE SURKT(Mf'S CFRDFlaTE / OCK S 7 .' DEVONDALE ^�) oa,J BLOC(,e``� �BCOCi`� DA, BARNES E4MOI ONTARIO STREET /1 C _ l.. nBLOCI(23�' I'� DdBL•r'r•� 'C ��'`\ LIMITED J.D. LIMITED 2 —��J I 4eYi, J , DELBERT DEVELOPMENTS / I ° uT•t6oeT .�. � � / L� I ✓- o \ � ') o o � rna.oao rvrvnr �I�BtlOC,UIOB Lld. Ir•no':uIAU.nn eN ,.. .�� 1T .�I OtrtNnW IPV° QZ fUrinV 94i••11Rn.'t F U ! U !2 L R E :, I U L N T I A L 1^oN a� RL-1 i'AINE.1001 -1001 'UN 21199) i 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. �. LOT 30, CONCESSION 3 � I Q I L--J , r I 0.3m RESERVE O BLOCK 27 0.3m RES1k � f o I 0.3m RESERVE t °°°f t BLOCK 26 BLOCK 26 , , TEMP.EnS�MENT TEMPXASEMENT47M ���`y }l, BLOCK�5 22 °BLOC z2 � BLOCk 21- Y •o i L._•1 ll1.00K 13 BLOCK 15 10'/1 ~„•,^DLOCK^16"”' l•.I""FOUND'-"r�lrf.I RN BLACK 23 LOCK 21 CRS S. " I. ��° RCO-1,N4!1£NSION�S,R 1 ni :1 i50 • /!.B IO IB%-89061 + !zo iqo, 1 o is s.o •0 OCK 16 j ".r1 2 3 .( T.N: Fkr o ° 6 6 9 tb th 1k I -'LPs 4 I \ r-M1 L_J ' 1y�0 I yh 16 h 3q0 p v,l 1 F U T U R F R E S / D E N T / A L ®ZONING CHANGE FROM "A" TO " (H)R3 " 0 10 20 40 60 Mayor 25 15 8 Clerk LOT 31 LOT 30 LOT 29 A-8 M o A EP ^ O A A A (n JW Z WH) EP A-8 A g'�A (H)R4 � (H)R4 EP SUBJECT SITE (H)R3 EP R( WPR R H)R2.3 , P R 1 H)C Rl /� HASH ROAD _ COURT�CE f 0 fyT'6010�0_ P m 6om