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Home My WebLink AboutPD-39-86 � U0 � TOWN OF NEWCASTLE J11 t REPORT File # �J ,86 .x71 Res. # By-Law # MEETING: General Purpose and Administration Committee DATE: February 17, 1986 REPORT #: PD-39-86 PILE #: DEV 85-42 SUBJECT: REZONING APPLICATION - SCHLEISS AND HOLLAND PART LOT 34, CONCESSION 3, DARLINGTON OUR FILE: DEV 85-42 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-39-86 be received; and 2. THAT application for rezoning in respect of Part of Lot 34, Concession 3, former Township of Darlington to permit the development of ten (10) single family lots, * being a portion of the applicant' s property, be approved and that the attached by-law to amend By-law 84-63, be forwarded to Council for approval ; and * 3. THAT the attached by-law authorizing execution of an amendment to the Subdivision Agreement between Walter Schleiss and Raymond D. Holland and the Corporation of the Town of Newcastle be approved; and 4. THAT the Mayor and Clerk be authorized to execute -the amendment to the Subdivision Agreement between Walter Schleiss and Raymond D. Holland and the Town of Newcastle at such time as an agreement has been finalized to the satisfaction of the Director of Public Works and the Director of Planning. . . .2 REPORT NO. : PD-39-86 Page 2 BACKGROUND AND COMMENTS: On December 3rd, 1985 the Planning Department received an application, submitted by Mr. G. Easton of Proctor and Redfern Group on behalf of Walter Schleiss and Raymond D. Holland, to permit the development of ten (10) single family lots, being a portion of the applicant' s property (Plan of Subdivision 18T-77001 ) located in Part of Lot 34, Concession 3, in the former Township of Darlington. Within the Durham Regional Official Plan and the Courtice Urban Area Plan the subject site is designated "Residential " . The proposed ten (10) detached dwellings are permitted within this designation. Staff would note for the Committee' s information the appropriate public notices and prior notification of the public meeting, as installed on the site pursuant to the requirements of the Planning Act, were provided accordingly. In conjunction with same, Staff would note that no objections to the proposal were received at the writing of this report with respect to the amendment requested. In accordance with departmental procedures, the subject application was circulated to obtain comments from other departments and agencies. The following would summarize the comments as received. Town of Newcastle Fire Department "The Fire Department has no objection to the above-headed application. Response would be from Station #4, located on Trulls Road north of Nash Road. Water supply is municipal water main and fire hydrant system." Region of Durham Planning Department "In response to your request for comments, we note that the subject site is designated "Residential " in both the Durham Regional Official Plan and the Courtice Major Urban Area Plan. The proposed ten (10) detached dwellings may be permitted within this designation. . . .3 J REPORT NO. : PD-39-86 Page 3 Municipal water supply and sanitary sewer services are not immediately available to the subject property. However, sanitary and watermain stubs to be installed at the Centrefield Drive/Street L intersection through Phase II of Subdivision Plan 18T-77001 will provide the necessary services to the subject property." Town of Newcastle Works Department "We have reviewed the above-noted application for rezoning and find we have no objections to this proposal subject to the following comments: 1. That all works are completed in accordance with the Town of Newcastle's Design Criteria and Standard Drawings; 2. That any easements required by the Town be granted free and clear of any encumbrances; 3. That the owner meet all the requirements of the Public Works Department, financial or otherwise; 4. That the owner enter into a Development Agreement with the Town, and that this department be kept informed of the status of same at all times; 5. That the owner obtain all necessary approvals from other authorities." Central Lake Ontario Conservation Authority "Authority staff have reviewed a revised draft plan of subdivision for the above-noted property, as depicted in Drawing 74754-9 prepared by Proctor & Redfern, dated September 24, 1985 which shows the addition of Lots 296 to 305 inclusive on lands previously designated for future development. Staff have also carried out a site inspection and met with one of the owners and his consultant on site. The site of proposed Lots 296 to 305 is a heavily forested area comprised mostly of white cedar with some white birch and mature hemlock. The site is part of a larger forested area which extends mainly to the north and west. The Authority has previously expressed concerns about the major forested area and its environmental sensitivity, and our intent is still to ensure that the majority of the forest is maintained in its natural state. However, we recognize that some intrusion into the forest can occur without detrimental effects on the overall natural system. The characteristics of the site of the proposed lots are similar to those of some lots which have already been approved, where encroachment into the forested area has been permitted. Consequently, we are not opposed to extension of the draft plan to permit the development of Lots 296 to 305 and Street "L" . . . .4 REPORT NO. : PD-39-86 Page 4 However, while permitting extension of the development, it is still important to maintain as much as possible the characteristics of the area, to preserve any significant individual tree specimens and to provide a smooth transition between the residential lots and the forested future open space to the northwest. Also it will be necessary to ensure that any increase in stormwater runoff from the proposed lots can be accommodated into the stormwater management system proposed for the approved portion of the subdivision. In order to deal with these concerns, we ask that the following condition be placed on the draft approval of the proposed extension of this subdivision and that they also be incorporated into the subdivision agreement: 1. Prior to clearing activities for the development of Lots 296 to 305 inclusive and Street "L", the owner shall submit a tree conservation plan acceptable to the Central Lake Ontario Conservation Authority which describes the results of a survey of trees around the perimeter of the proposed development area, identifies treed areas and individual trees worthy of preservation, and outlines means to be used in preserving these trees during and after development of the proposed lots. 2. Prior to final approval of the plan, the owner shall submit evidence to the Authority that covenants have been placed on title of the effected lots to protect those trees identified in the tree conservation plan as worthy of preservation. 3. Prior to final approval of the plan, the owner shall submit engineering evidence as may be required by the Authority demonstrating the manner in which any increase in stormwater runoff resulting from development of the lots will be incorporated into the stormwater management system which has been approved for the remainder of the subdivision. 4. No construction, filling or grading activities or alterations to any watercourses shall occur on the site without the prior written approval of the Central Lake Ontario Conservation Authority." STAFF COMMENTS: It is noted for the Committee' s information that the Proctor and Redfern Group, agents on behalf of the owners of the subject lands, have been advised of the Central Lake Ontario Conservation Authority' s comments as noted above. Furthermore, it is noted that the concerns as expressed by the Conservation Authority are being addressed by the Proctor and Redfern Group and will be incorporated within the requirements of the Subdivision Agreement as amended. . . .5 E REPORT NO. : PD-39-86 Page 5 Staff would note for the Committee' s information that a request for an amendment to the draft Plan of Subdivision in respect of Plan 18T-77001 to permit the development of the ten (10) additional lots has been endorsed by Committee and Council at their meetings of October 7, 1985 and October 15, 1985 respectively. In consideration of the above-noted items, Staff would have no objection to * the approval of the zoning by-law amendment attached hereto. Respectfu i ted, T.T. Edwards, M.C. I.P. Director of Planning LDT*TTE*jip *Attach. January 27, 1986 cc: Proctor and Redfern Consulting Engineers & Planners 45 Greenbelt Drive DON MILLS, Ontario M3C 3K3 ATTENTION: Mr. Glen Easton i THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 86- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law of the Corporation of the Town of Newcastle. 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. 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 from "Environmental Protection (EP)" to "Urban Residential Type One (R1)" as shown on the attached Schedule "X" hereto. 2. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 1986 BY-LAW read a second time this day of 1986 BY-LAW read a third time and finally passed this day of 1986. MAYOR CLERK �Cc� This is Schedule "X" to By-law 86- , passed this day of , 1986 A.D. N63°03�20 E N53°36E 20•72 LOT 34 zo*1 70.55 `(• NAA2\ g CONCESSION 3 a 0•5 o5A y6 0 ti M °A�J 00 O S 2 ti o �N 2 cF F S.E.ANOLE LOT 34'CON.3 {\ NASH ROAD ® ZONE CHANGE FROM �IEP" To 11R 1" O 10 20 40 OOm Mayor 20m15 a 5 0 Clerk LOT 35 34 33 LOT 32 P RE II M (H)RI EP II A O 11 � W SUBJECT SITE RI H)RI z R1 EP A' I O _ .a RI F W s (H)RI A R2 R2 y A R (H)R1 RI-11 0 2 V W a J z EP R I 0 o RI NASH ROAD EP RI R1 COURTICE 0 30 30 too 200 m 50m Av THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 86- being a By-law to authorize the entering into of an Agreement with Walter Schleiss and Raymond 0. Holland and the Corporation of the Town of Newcastle. The Council of the Corporation of the Town of Newcastle hereby enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Town of Newcastle, and seal with the Corporation's seal , an Agreement between Walter Schleiss and Raymond U. Holland and the said Corporation dated the day of , 1986, in the form attached hereto as Schedule "X". 2. THAT Schedule "X" attached hereto forms part of this by-law. BY-LAW read a first time this day of 1986 BY-LAW read a second time this day of 1986 BY-LAW read a third time and finally passed this day of 1986 MAYOR I . CLERK