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HomeMy WebLinkAboutPD-172-91 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: CLARKE.GPA REPORT n .a . 1 S i. 1?5c)p 1 c� �4 ,D1✓ v, 89.050 Meeting: General Purpose and Administration Committee File# Date: Monday, July 22, 19 91 Res. # By-Law# Report#:Pn-172-91 File#: DEV 89-050 & 18T89007 Subject: REZONING APPLICATION & DRAFT PLAN OF SUBDIVISION PART LOT 1 & 2, CONCESSION 1 former Township of Clarke FILE: DEV 89-050 & 18TB9007 1 Recommendations: It is respectfully recommended that the General Pur ose and Administration Committee recommend to Council the following: ] 1 . THAT Report PD-172-91 be received; 2 . THAT the proposed Plan of Subdivision 18T89007 revised and dated, October 12 1990, as per Attachment No. 3, 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 1 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 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: jMrs . Mary Clarke 1.2 Owner: Michael S. Clarke, W. Stewart Clarke, & Alan G. Clarke 1.3 Rezoning: From Agriculture (A) & Environmental Protection (EP) to Holding - Residential Estate ( (H)RE) and Environmental Protection (EP) 1.5 Area: 32 . 15 ha " cr . . . .2 599 00 RECYCLED® PA PIER PAPER RECYCLE TH156 PR .CN RECYCIFO PAPER i REPORT NO. PD-172-91 PAGE 2 2 . LOCATION 2 . 1 The subject lands are located in Part of Lots 1 & 2 in Concession 1, former Township of Clarke. The site is bounded by Highway #2 to the North, Highway #401 to the South, and East Townline Road to the East. 3 BACKGROUND 3 . 1 On February 14, 1989 Town Planning Staff were notified by the Region that a subdivision application for 19 single family lots had been applied for on . 13 . 75 ha of land. On April 24, 1989 an application to rezone the lands subject to the subdivision application was submitted. 3 .2 These applications reflect an earlier amendment (#198) to the Durham Region Official Plan which received Ministerial Approval on December 16, 1988 . This amendment allowed the development of a maximum of 19 estate residential lots on 48 . 3 ha of land. 3 . 3 The Region has clarified the discrepancy between the area of the lands subject to this application for Draft Plan of Subdivision and that which received Ministerial Approval. Apparently a revised plan showing 19 lots on 13 . 75 ha was before Regional Council at the time the amendment was .approved. The area subject to this application has since been revised to 32. 15 ha. 4 EXISTING AND SURROUNDING USES 4 . 1 Existing Uses : vacant 4 .2 Surrounding Uses : East - existing residential (Hope Township) West - existing residential (owned by the Clarke family) South - Highway #401 & farmland North - Highway #2 & land previously farmed 5 OFFICIAL PLAN POLICIES 5 . 1 According to the Durham Region Official Plan Amendment #198, a maximum of 19 estate residential lots can be developed on 48.3 ha of land. C� n ;,� . . . .3 i REPORT NO. PD-172-91 PAGE 3 6 ZONING BY-LAW PROVISIONS 6 . 1 According to the Town of Newcastle Comprehensive Zoning By-law, 84-63, the subject site is zoned "Agricultural (A) & l Environmental Protection (EP) " . The lands must be rezoned in order to permit the development of 19 residential lots . 7 PUBLIC MEETING AND SUBMISSION l 7 . 1 Pursuant to Council's Resolution of July 26, 1982 and the 1 requirements of the Planning Act the appropriate signage J acknowledging the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner l within the prescribed distance. 1 7 .2 A Public Meeting was held on July 17, 1989 to address this ^� application. No one was present to oppose this application at this meeting.. - In addition, there is no record of any concerns ,J raised by citizens or neighbours with respect to this J 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: Town of Newcastle Fire Department Northumberland and Newcastle Public School Board Ministry of Agriculture and Food Q8 .2 A number of agencies had no objection to this application provided that their concerns are resolved to their satisfaction. The Town of Newcastle Community Services Department has requested that the applicant contribute 5% cash-in-lieu of parkland. The Town of Newcastle Public Works Department has no objection to this application provided that their requests are complied with. r . . . .4 599 10 REPORT NO. PD-172-91 PAGE 4 I These requests included the following: the submission of a grading plan and storm water management plan; contribute to the reconstruction/upgrading of East Townline Road; pay 100% of all costs, if any, which are necessitated as a result of this development; all easements, 0. 3 metre reserves and sight triangles must be dedicated to the Town free and clear of all encumbrances; and that the applicant/owner satisfy the Public Works Department financially and otherwise. The Durham Region Planning Department requested that building permits for residential uses not be available for those blocks depicted as "retained by applicant" . The reason being that Amendment #198 permits 19 lots . The subdivision application is for 19 lots . Staff are requesting that these blocks be conveyed to the abutting land to the west also owned by the Clarke family. A single family residence exists on these lands presently and additional building permits for residential uses would not be available without the appropriate amendments to the Official Plan and the Comprehensive Zoning By-law. The conveyance of these j lands in essence increases the lot size of one lot rather that creating 2 new blocks . Also, the Town has requested that a 0.. 3 metre reserve be dedicated to the Town along East Townline Road and the Ministry of Transportation has requested the same along Highway No. 2 . The Durham Region Health Department has no objection to this proposal in principal. However they request that a final plan indicating the location of the houses, wells and tile beds must be submitted for their approval prior to Draft Approval. i The Ganaraska Region Conservation Authority wishes to review a 1 surface drainage and erosion control plan prior to commencement of any grading or construction on this site. These plans must be acceptable to the Conservation Authority. 1 . . . .5 i REPORT NO. PD-172-91 PAGE 5 1 The Peterborough Victoria Northumberland Newcastle Roman Catholic Separate School Board has no objection to this application but they note that their current facilities are becoming overcrowded. The Township of Hope have requested that a copy of the Storm Water Drainage Plan be forwarded to them. The Ministry of Transportation requires that all residential dwellings be setback a minimum distance of 7 .5 metres from their highway property. In addition, permits are required for any buildings located within 46 metres of the highway property. This Ministry has also requested that prior to final approval, a copy I of a drainage plan be submitted for their approval. Also, a 0.3 metre reserve along the site's Highway No. 2 frontage must be conveyed by deed to the Ministry of Transportation. The Ministry of Natural Resources had no objections provided that final approval of this plan be subject to those conditions as outlined in Attachment #4 Conditions of Approval. 1 The Ministry of the Environment's requirement pertaining to Jhydrogeological report and noise reports are reflected and included in the conditions of approval (Attachment No. 4) . Ontario Hydro have requested; that any easements Hydro has be respected, that costs to relocate or revise Hydro facilities be paid by the applicant/owner, and that the applicant/owner contact the local Hydro office to verify if any low voltage distribution lines would be affected by this proposal. � 9 STAFF COMMENTS 9 . 1 Inasmuch as all circulated agencies have been satisfied, and. Amendment #198 permits the development of 19 estate residential lots on these lands, approval for the rezoning and subdivision can be given. . . . .6 5 99 1 % REPORT NO. PD-172-91 PAGE 6 I 10 CONCLUSION 10 . 1 With respect to the comments incorporated within this report and the satisfaction of those agencies circulated, Staff recommend that the rezoning application be approved as per Attachment #5, and that the draft plan of subdivision be approved as per the conditions as noted in Attachment #4 . Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I.P. Lawrence VKotseff Director of Planning Chief A i istrative and Development Officer I HM*FW*cc *Attachment #1 - Location Map Attachment #2 - Draft Plan as Proposed Attachment #3 - Draft Plan as Red-lined Revised Attachment #4 - Conditions of Approval Attachment #5 - Amending By-law and Schedules 11 July 1991 Interested parties to be notified of Council and Committee's decision: i Mrs . Mary Clarke Neil Lucy Michael S. Clarke Box 147 W. Stewart Clarke Newtonville, Ontario Alan G. Clarke LOA 1J0 Victoria Park Farm R. R. #1 Newtonville, Ontario LOA 1JO. I 199 13 I Attachment + 1 Location Map I ® SUBJECT SITE 1 10 9 8 7 6 5 4 3 2 1 1 A-1 1 I I N RC f EP I a V Z 2_ EP 0 SCHEDULE 17� I RC � U (NEWTONVILLE) - - L ylGywaY A_ t I = Z EP O0 �°z. HIGHWAY N4 4.01 EPI ' w `�`A J v! I i I j W I i w V I EP 1 0 I A I z3 Z i A-i H 0 P J I 1 -JZ I w CONC. ROAD = i 3 o V I 1 Ad I EP - I Q c,en.,• I w �-- EP A i ^ = I u- ~ H U EP I w I z Z A-1 z _ Y l I f -1 A I w EP A-20 _ m I A A f _ _ 0 250 500 1000M KEY MAP 500M w � Dev. 89-50 18T-89007 Attachment +2 Draft Plan as Proposed G S B N.S I - TC7l./NSf 1/F� Cl- ,7-<D L,% OF n/EWC S - ' scact. - • ,arm �i1�� � / �'.` � � _ter. - � .�__ / - � ` _��\I\I � •`• r C+ENEI7AL NOTES y-� 5 // [Oi"`- ESTNL GO u—. .(tl\\J r 1 �`\� -/`i//O. f1 'f_� ;,�\•,� /��� - �I(� 22.29 @6, doss"^` .--••� ��JJ \ / . /-./ / _/' � ` j r.w.e e.esr,e r <aa�..f l: t ''�-- —:.•. � _ \ � / 1'J''�• �\ .�/-/ � !.•_'" ,. .. -, - SY�'G•?S-C£RT/+'�-KATE ,•I.iAENO' OwwEF2S Cl.R'77'F/C�E--- �<ra� _ - —. � . OCISE.�.�/+6 •. � `.\� Lc..aY�1i^i c.- aW-.�A'i�i.W' -ate�o • .• , L• MYLVM�OuaaK1��.' �V./>N A/ND FL.E/SO'-.r'LO/N�� - ....�' -�"ti•_-+� i wo�i� -•��. .. �Y L.A^'MT£L roe OCr 19-/G�! . •• � .. < O•Yl>WV0 tM.O S/-�1'�L+ I/-RYA ... - -• Apr NM...IC�P�•.'� -� '. '.H�i"� �C>Y/�4K7 mil' '=1F>E.iO•>-� .. • _ ._'_� 4rG ew ..�o.�Fe.v.,.L-V er• ���•ra•.s M-,4we �: � :<.r .....� f � 'a-��.,: b'x���/ 'ilft;.i'✓ ,l/�..1�'_ .-'°'w.ev®�_�,.'..+..�"°.�A�.r.=��....e...aor�s�� 59' 9 Attachment +3 Draft Plan - `' : � ' _ Red-Lined Revision It> t N�/fP G1�" CL�.A!?KE,•vow /� _ '� `� � I - �F _.J � If l00/T7QNAL�/fVFL�G^?AT!ON - ��' •� ou-L<SE III//l. C�'7`- /,•ZF;� � •'°: .ir –'� is-���_ •��/ ` `•�� - / ,' .wE oa.��r a.An/:�z.s sro r i,I�!,��-` /( .-7/� f --'_ JIB' \\ / / ��•"•?4 t\. �� 1� ` r..:eor.>4 �,.? �I —.:,, •` /X�jp�t - -1''. \1 ( J/:i 1 ,. KC Kr 1 - :. • '. .. S[1lT/�Q45 t-.ERTIFK�TE ,+. , Ow�ERS f-6.pTlF/�=-ATS-• .. _....as- �r-r�.�?cv c_�c t. . .? OCr R-e99! w�nq/utL+ `MfsLG .r K'.;, i/P'w�✓.tc� .. ' - � 1 T1e4 •_" •.1.:° ': ..a� oe✓+nw/>.4.a �T. /.-:l'-J+f�-l-�.^}<•.Y ts•.�R+rv.�LO_1990 �r..GI.4}SL•16�• t� �VY�.'r>7:�9-d rr.i slYi-e"h �i,�"otl1'!1�2[2P . .,J� ... � ... Y'}t�-r- ':/•�av�..�t� - ay.e.nma�. Ha^"r:vvz-. ��-..w/ X99 ! � i i A T T A C H M E N T N O 4 DN: 18T89007 .GPA CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION PLAN IDENTIFICATION 1. That this approval applies to draft Plan of Subdivision 18T- 89007 prepared by Donevan and Fleischman, dated (revised) October 12, 1990 (and further revised in red as per the attached plan) showing Lots 1 to 19 inclusive for single family detached dwellings and various blocks for reserve, road widening, site triangle etc. t FINAL PLAN REQUIREMENTS 1 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 DRAFT APPROVAL 4. That the applicant submit a plan showing the location of the houses, well and septic tile beds for approval by the Durham Regional Health Department. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT i 5. That the Owner shall retain a qualified Engineer to prepare and i 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. Gqn 7 . . . .2 7 i -2- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT (CONT'D) 6 . That the Owner shall retain a professional engineer to prepare i and submit a Master Drainage and Lot Grading Plan to the Director of Public Works and the Ministry of Transportation for review and approval. All plans and drawings must conform to the Town's jDesign Criteria as amended from time to time. A copy of this plan shall be forwarded to the Township of Hope. l 7 . That the Owner shall retain a qualified consultant to prepare and -) submit a Tree Preservation plan to the Director of planning and J 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 a 0 . 3 metre reserve extending along the entire frontage of Highway No. 2 be conveyed by deed, free and clear of all encumbrances , to the Ministry of Transportation. 11. That a 0 .3 metre reserve extending along the entire frontage of East Townline Road, save and except those lands abutting the access to this plan of subdivision, be deeded to the Town of Newcastle free and clear of all encumbrances . 12 . 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; 3 599 -3- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) 13 . 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. 14 . That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Town's standards and criteria. 15. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground. 16 . 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. 17 . 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. 18. 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. . . .4 599 -4- t CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION f REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) 1 19 . That prior to the issuance of building permits , access routes to J the subdivision must be provided to meet Subsection 3 .2 .5 .2 (6) of the Ontario Building Code and the Owner agrees that during i construction, fire access routes be maintained according to Subsection 2 .5 . 1.2 of the Ontario Fire Code, storage of 1 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. 20 . The Owner agrees that where the well or private water supply of any person is interfered with as a result of construction or the f 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. 21. That prior to any on-site grading or construction reports describing the following: a)_ the intended means of conveying storm water flow from the site, including use of storm water management techniques which are appropriate and in accordance with the provincial "Urban Drainage and Design Guidelines" , April 1987; b) the anticipated impact of the development on water quality, as it relates to fish and fish habitat once adequate protective measures have been taken; c) the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction. These means should be in accordance with the provincial "Guidelines on Erosion and Sediment Control for Urban Construction"; . . .5 9Q9 ? n -5- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'Dj PLEASE NOTE: Temporary ponds for sediment control should be capable of accommodating 125 cubic metres/hectare of contributing drainage area for a period of not less than 12 hours or removing particle sizes down to 40 microns. d) site soil conditions, including grain size distribution profiles; and e) site grading plans must be reviewed and approved by the Ministry of Natural Resources . Once approved, the owner/applicant must agree to implement those works involved in implementing these reports. I 22 . That detailed plans be submitted regarding alternations to the watercourses (culverts, spillways, etc . ) . No alterations shall take place without the prior written authorization of this Ministry according to the terms of the Lakes and Rivers Improvement Act. I 23 . That the owner agrees to maintain all storm water management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the Ministry of Natural Resources . 24 . That the owner agrees to notify the Ministry of Natural Resources, Lindsay District office at least 48 hours prior to the initiation of any on-site development. 25 . That the Ministry of the Environment shall be satisfied that the recommendation of. the hydrogeological report, as approved by the Ministry of the Environment, shall be implemented by requirements of the subdivision agreement. J . . .6 -6- ICONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) 26 . That the Ministry of the Environment be satisfied that the noise control features recommended by the acoustical report and approved by the Ministry of the Environment and the Town of Newcastle shall be implemented as approved, by requirements of the subdivision agreement. . l 27 . That the following warning clause shall be included in a 1 registered portion of their subdivision agreement for subsequent J inclusions in Offers of Purchase of Sale for the affected lots : "Purchasers are advised that despite the inclusion of noise control features within the development area and within the _ individual building units, noise levels may continue to be of concern, occasionally interfering with some activities of the dwelling occupants . " 28. That a surface drainage and erosion control plan be submitted to the Ganaraska Region Conservation Authority for their approval prior to the commencement of grading or construction. 29 . That Block 20 and Block 21 be conveyed and meld with the lands to the west. 30. That the Town of Newcastle be satisfied financially and/or otherwise. NOTE: Ontario Hydro advises that: a) The costs of any relocations or revisions to Ontario Hydro facilities which are necessary to accommodate this subdivision will be borne by the developer. b) Any easement rights of Ontario Hydro are to be respected. c) The developer should contact the local Ontario Hydro Area Office to verify if any low voltage distribution lines may be affected by the proposal. t 599 ? DN: 18T89007.GPA* 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 18T7-89007; 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 and application DEV 89-050; 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: "Environmental Protection (EP) " to "Holding - Residential Estate ( (H)RE) II "Environmental Protection (EP) " to "Agricultural (A) " "Agricultural (A) " to "Holding Residential Estate ((H)RE) " "Agricultural (A) " to "Environmental Protection (EP) " I as shown on the attached Schedule "A" hereto. 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 599 I. This is Schedule "A" to By-law 91 1 passed this day of , 1991 A.D. LOT 2 LOT I CONCESSION I `'` N66o�3. HIGH e WAY N8 ti e N 1 0 ZONING CHANGE FROM 1 'A'TO'(H)RE' o _ a ® ZONING CHANGE FROM EP'TO'(H)RE' t ZONING CHANGE FROM w EP'TO A J ZONING CHANGE FROM 3 I 'A'TO'EP' O ZONING TO REMAIN'EP' ZONING TO REMAIN'A' •�� I W 0 50 100 200m = z 401.66 r v Y 80,3-62 ) HIGHWAY NQ 401 Mayor Clerk 10 9 8 7 6 5 4 3 2. 1 I 1 I 1 1 A-1 a I I I RC EP I P; z SEE EP E 0 SCHEDULE '17' I U (NEWTONYILLE) _ RC o i NISHµ,4y EP I A z I ti= 0 NIGN WAY NV•101 EPi 1 I 1 I 1 4 W 1 P I 1 F I /� 1 1 =� z V 0 1 3 1 1 A�)1 P J 1 1 JZ CONC.ROAD-I 3 I I I Q U O � P�..�, I w 3 0 ,� ..I .._o.. W IA iAo I 1 w l I z z ]C I IA-20 0 0 ao 500 10>0.Former Township of CLARKI , : ,, 1, ,� co