HomeMy WebLinkAboutPD-173-91 THE CORPORATION OF THE TOWN OF NEWCASTLE
DN: MACOURT.GPA
REPORT
Meeling: General Purpose and Administration Committee File
Date: Monday, July 22, 1991 Res. #
-c) 90 � 8y-Law
Report ff:Pn- ? A 1 File DE N -083 (X-REF: 18T9041)
Subject: REZONING & SUBDIVISION APPLICATION - MACOURTICE DEVELOPMENTS INC.
PART LOT 28, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON
FILE: DEV 90-083 (X/REF: 18T-90041)
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-173-91 be received;
2 . THAT the Region of Durham be advised that the Town of Newcastle
recommends approval of the draft plan of subdivision 18T-90041
dated March, 1991 subject to the conditions contained in Attachment
No. 1 to this report;
3 . THAT the Mayor and Clerk be authorized, by by-law, to execute a
Subdivision Agreement between the Owner of the proposed draft plan
of subdivision 18T-90041 and the Corporation of 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 and Development;
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; 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: Macourtice Developments Inc .
1 .2 Agent: Tunney Planning Inc .
1. 3 Subdivision: seeking approval for seven (7) two family dwelling
lots and six (6) blocks for thirty eight (38) street
townhouses for a total of fifty-two (52) units . . .2
RE,CYCLED C
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REPORT NO. PD-173-91 PAGE 2
1.4 Rezoning: from Holding Urban Residential Type One ( (H)RI) to
an appropriate zone or zones to permit the above-
noted development
1 .5 Area: 3. 824 hectares (9 .44 acres)
2 . BACKGROUND
2 . 1 In September of 1990, the Region of Durham advised the Town of
Newcastle of an application for approval of a Plan of Subdivision
consisting of eleven ( 11) two family dwelling lots and three (3)
blocks for twenty (20) street townhouse units for a total of forty
two (42) units.
2 . 2 In addition, Tunney Planning Inc . , on behalf of Macourtice
Developments Inc. , applied in September of 1990 to amend the Town
of Newcastle Comprehensive Zoning By-law 84-63 in order to
implement the above noted plan of subdivision. A Public Meeting
with respect to the subject application was held on Monday November
5, 1990 .
2 . 3 In consultation with the Planning and Development Department, the
applicant has subsequently revised the proposed Plan of Subdivision
to provide for a higher ratio of affordable housing. The proposed
Plan of Subdivision now proposes the creation of seven (7) two
family dwelling lots and six (6 ) blocks for a total of thirty eight
( 38) street townhouses for a total of fifty two (52) units .
2 .4 Since the total number of proposed units has been increased from
forty two (42 ) to fifty two (52) , the Town of Newcastle Planning
and Development Department advised the applicant's consultant that
another Public Meeting was warranted. Therefore a second Public
Meeting with respect to the subject application was held on Monday
April 22, 1991.
3 . PUBLIC NOTICE AND SUBMISSIONS
3 . 1 Pursuant to Council's resolution of July 26, 1982 and the
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REPORT NO. PD-173-91 PAGE 3
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.
3 .2 As a result of the public notification process, the Planning and
Development Department has received a letter of objection from two
(2) area residents who express concerns over the application on the
basis that the application is premature since the stormwater
management pond has not been finalized.
4 . OFFICIAL PLAN CONFORMITY
4 . 1 The subject property is designated as a Residential Area in the
Durham Regional Official Plan and as a Living Area in the
recommended plan. The primary use of lands so designated is
intended to be for residential purposes . In view of the foregoing,
the application would appear to conform with both the existing
Regional Official Plan and the recommended plan.
4 .2 Within the Town of Newcastle Official Plan, the subject property
is located within the 3C Neighbourhood. The Planning and
Development Department have determined, after reviewing the
applicable policies of the Official Plan and the Neighbourhood Plan
that residential development within the 3C Neighbourhood can occur
on average at a density of 16 . 2 units per gross residential hectare
in order to maintain the target population.
4 . 3 The proposed draft plan of subdivision has a density of 13. 6 units
per gross residential hectare and therefore the current proposal
would not prejudice the balance of the developable lands within the
3C Neighbourhood.
4 .4 In addition, within the Courtice North Neighbourhood 3C Land Use
Structure Plan, the subject property has a Medium Density
designation which permits a maximum of 40 units per net residential
. . . .4
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REPORT NO. PD-173-91 PAGE 4
hectare. The revised plan of subdivision proposes 52 units over
a net residential area of 1 . 321 hectares which equates to a density
of 39 . 36 units per net residential hectare. Therefore, the
proposed plan of subdivision satisfies the intent of the medium
density designation within the Courtice North Neighbourhood 3C Land
Use Structure Plan.
4 .5 It would therefore appear that the application can be considered
to be in conformity with the Town of Newcastle Official Plan.
5 . ZONING BY-LAW CONFORMITY
5 . 1 Within the Town of Newcastle Comprehensive Zoning By-law 84-63, the
subject property is zoned in part Environmental Protection (EP) and
in part Holding - Urban Residential Type One ( (H)R1) . Since the
applicant intends to develop a portion of the subject property
zoned Holding - Urban Residential Type One ( (H)R1) with street
townhouses, the applicant has applied to appropriately amend the
zoning by-law.
6 . AGENCY COMMENTS
6 . 1 In accordance with departmental procedures, the application was
circulated to obtain comments from other departments and agencies.
The following provides a brief synopsis of comments received to
date.
6 .2 The Public School Board has advised that the subject application
was reviewed by the members of the Board and that some concerns
were raised given that the application would generate approximately
fourteen ( 14) students at Courtice North Public School. However,
although the school is presently over capacity, the Board has not
provided a formal objection since an expansion is planned for 1993.
6 . 3 The Town of Newcastle Public Works Department has advised that they
have no objection to the application but note that the Stormwater
Detention Facility has yet to be finalized. Therefore
. . . .5
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REPORT NO. PD-173-91 PAGE 5
building permits will not be available for Lots 1 through 7 until
it has been determined that Block 15 is of sufficient size to
accommodate the proposed Stormwater Detention Facility.
6 .4 The Central Lake Ontario Conservation Authority has advised that
due to the advanced stage of the Black Creek Tributary Master
Drainage Plan, the Authority is prepared to support the approval
of the proposed plan of subdivision. However, the Authority
acknowledges that the final approved version of the Master Drainage
Plan may necessitate minor revisions to the proposed draft plan.
6 .5 The Ministry of Natural Resources has advised that the subject
property is traversed by a tributary of Black Creek. Black Creek
provides a cold water fishery for trout species and the Ministry
is therefore, concerned with the potential for water quality
degradation. However, the Ministry of Natural Resources has
recently advised that they have determined that the size of Block
15 (2 . 116 hectares) is sufficient for Stormwater Management
purposes .
6 .5 The balance of the circulated agencies which have provided comments
are the Ministry of Transportation, the Regional Planning
Department, the Regional Works Department, the Town of Newcastle
Fire Department, the Town of Newcastle Community Services
Department, the Separate School Board, Bell Canada and Ontario
Hydro. None of the aforementioned agencies have provided
objectionable comments with respect to the subject application.
7 . STAFF COMMENTS
7 . 1 As previously noted, the subject application proposes the
development of seven ( 7) two family dwelling lots and six (6)
Blocks for thirty eight ( 38) townhouse lots for a total of 52
units .
7 .2 The Planning and Development Department is satisfied that the
C t7 !_.) . . . . 6
REPORT NO. PD-173-91 PAGE 6
proposal conforms with the Official Plan policies and the density
of 13 . 6 units per gross residential hectare will not prejudice the
balance of the developable lands within the 3C Neighbourhood. In
addition, the proposed plan maintains the intent of the Courtice
North Neighbourhood 3C land Use Structure Plan in that the subject
property has a Medium Density (M) Designation and a proposed
density of 39 . 36 units per net residential hectare. The Medium
Density (M) designation would permit the development of the
property with a maximum density of 40 units per net residential
hectare.
7 . 3 As requested by the Public Works Department lots 1 through 7,
although being approved, will not be eligible for building permits
until the Director of Public Works has been satisfied that the size
of Block 15 is sufficient for Stormwater Management purposes.
7 .4 Finally,. Staff advise for the Committee's information that the
Community Services Department has advised that the parkland
dedication requirements have been previously imposed through the
approval of plan of subdivision 18T-86073 which was considered by
Council on January 29, 1990 . Therefore, the parkland dedication
requirement will not be imposed through the current application.
8 . CONCLUSION
8 . 1 In consideration of the comments contained within this report,
Staff would have no objection to the approval of the proposed Plan
of Subdivision, subject to the conditions of draft approval as
contained in Attachment No. 1 annexed hereto.
8 .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 above noted Plan of Subdivision ( 18T-90041) . Staff
note that the removal of the ' "Holding (H) " prefix will require
Council approval at such time as the Subdivision Agreement is
registered. A rezoning application will not be required in order
to finalize the zoning at such time. . . . .7
REPORT NO PD-17�i ql PAGE 7
Respectfully submitted, Recommended for presentation
to the Committee
d
Franklin Wu, M.C. I .P. Lawrence Kotseff
Director of Planning Chief A i - strative
and Development Officer
WM*FW*cc
*Attach
15 July 1991
Interested parties to be notified of Council and Committee's decision:
Tunney Planning Macourtice Developments Inc.
340 Byron Street 3100 Steeles Avenue East
Suite 200 Suite 301
WHITBY, Ontario LlN 4P8 MARKHAM, Ont. L3R 8T3
DN: MACOURT.GPA
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
PLAN IDENTIFICATION
1 . That this approval applies to draft Plan of Subdivision 18T-90041
prepared by Tunney Planning dated (revised) March 1991 showing Lots
1 to 7 inclusive for semi-detached or linked dwellings, Block 8 to
13 for townhouse dwellings, and various blocks for reserve, road
widening, site triangle , sanitary sewer easement, stormwater
detention facility etc .
FINAL PLAN REOUIREMENTS
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.
REOUIREMENTS 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 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 .
6 . 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.
. . . .2
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CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT (CONT'D-)
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.
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
encumbrances .
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.
Eng. 77
-3-
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D)
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, 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.
17 . That all works are completed in accordance with the Town of
Newcastle's Design Guidelines and Standard Drawings .
18 . That the applicant/owner bears all the costs ( 100%) of any
restorative works on Nash Road which are necessitated as a result
of this development (ie: utility relocation, ditch grading,
sodding, entrance construction etc . ) .
. . .4
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CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'DI
19 . That the applicant/owner assume all costs associated with the
lifting of the existing 0 . 3 m reserves .
20 . That Lots 1 through 7 be placed on hold and building permits not
issued until the Director of Public Works has determined that Block
15 is of a sufficient size to accommodate the Stormwater Management
Detention Facility.
21. That the applicant/owner meet all the requirements, financial or
otherwise of the Town of Newcastle.
22 . That the applicant/owner meet all, the requirements, financial or
otherwise of the Central Lake Ontario Conservation Authority.
23 . That the applicant/owner meet all the requirements, financial or
otherwise of the Ministry of Natural Resources .
24 . That the applicant/owner meet all the requirements, financial or
otherwise of the Bell Canada.
25 . That the applicant/owner meet all the requirements, financial or
otherwise of the Ontario Hydro.
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.�..i CONCESSION 2 CONCESSION 3
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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 for approval of draft Plan of
Subdivision 18T-90041;
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 114" to By-law 84-63 as amended, is hereby further amended
by changing the zone designation from:
"Holding - Urban Residential Type One ( (H)R1) " to "Holding - Urban
Residential Type Three ( (H)R3) "
"Holding - Urban Residential Type One ( (H)R1) " to "Environmental
Protection (EP) "
as shown on the attached Schedule "A" hereto. r
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 35 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
This is Schedule "A" to By-law 91 - ,
passed this—. day of , 1991 A.D.
NASH ROAD
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