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Home My WebLink AboutPD-46-86 � Ch> TOWN OF NEWCASTLE } REPORT File # 1166 Res. # By-Law # MEETING: General Purpose and Administration Committee DATE: February 17, 1986 REPORT #: PD-46-86 FILE #: 18T-85030 SUBJECT: APPLICATION FOR APPROVAL OF PLAN OF SUBDIVISION FOSTER CREEK DEVELOPMENTS LIMITED PART LOT 29, CONCESSION 1, NEWCASTLE VILLAGE FILE: 18T-85030 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-46-86 be received; and 2. THAT the Region of Durham be advised that the Town of Newcastle has no objection to draft approval of Plan of Subdivision 18T-85030 dated September, 1985 and revised * October 15, 1985, subject to the conditions outlined in Attachment #1 to this report; and 3. THAT the attached by-law authorizing execution of a Subdivision Agreement between the Corporation of the Town of Newcastle and Foster Creek Developments Limited be approved; and 4. THAT the Mayor and the Clerk be authorized to execute on behalf of the Corporation of the Town of Newcastle the Subdivision Agreement between the Town and Foster Creek Developments Limited; and 5. THAT Council consider the applicant' s offer to dedicate the valleylands within Plans 18T-85030 and 18T-19720 in order to satisfy the parkland requirements of these subdivisions as well as Plan 18T-84011; and 6. THAT a copy of this report and Council ' s decision be forwarded to the Region of Durham and the applicant. . . .2 REPORT NO. : PD-46-86 Page 2 BACKGROUND: On October 30, 1985, the Town was advised by the Region of Durham of an application submitted by Foster Creek Developments Limited for approval of a plan of subdivision in Part Lot 29, Concession 1, Newcastle Village (see key * map attached) . The plan of subdivision, located on a 9.06 ha (22.38 acre) parcel of land, proposes the construction of forty-seven (47) single detached dwellings and sixty (60) semi-detached dwellings. The subject subdivision is located between Draft Approved Plans 18T-84011 and 18T-19720, also owned by the applicant. Lots 15 through 20, as well as portions of Lots 14 and 21, are located within Block 103 of Plan 18T-19720. Recent revisions to Plan 18T-19720 identify Block 103 as being for future development. In accordance with Departmental policy, the subject application was circulated to various departments for comment. As well , the Region of Durham provided copies of comments received through their circulation of the application. The following is a summary of the major comments received. Community Services Department "Our department is extremely pleased with the co-operation of the developer for re-aligning the park and open space required by our department. We hope that part of the Agreement can include rough grading of Block C for park purposes." Region of Durham Works Department "Municipal water supply is available to the proposal by way of extension along Edward Street from the existing 300 mmo watermain on Church Street and also a second connection to the future watermain on the adjacent development (18T-19720) to form a looped water distribution system. Sanitary sewer service is not immediately available to the proposal . However, future services installed on the remaining phase of the adjacent development (18T-19720) will provide the necessary sanitary sewers. A sanitary sewer through a 7 m wide easement between Lots 17 and 18 will be required in order to service those lots abutting Foster Creek Court. In other words, the availability of services to this proposal is contingent upon said adjacent development. . . .3 REPORT NO. : PO-46-86 Page 3 In view of the fact that services will be available to the proposal within the foreseeable future, we have no objection to further processing of this draft plan suabject to the condition that the final approval of the subject plan be withheld until such time as a commitment has been made by way of a Regional Subdivision Agreement for installation of watermains and sanitary sewers on the remaining phase of development of the adjacent plan under draft plan 18T-19720." Ministry of Natural Resources "Ministry Staff have reviewed this plan and inspected the site. While we have no objections to the principle of development on this site, we do have concerns which should be addressed prior to the approval of the plan. The proposed plan indicates that Edward Street will be extended across Foster Creek. Construction of this bridge will be subject to approval under the. Lakes and Rivers Improvement Act. We are forwarding an information packet to the developer in order that he may initiate the approval process. We note that Block C is zoned "EP-Environmental Protection" in Zoning By-law 84-63 (Town of Newcastle) . However, any grading or filling works within the valley of Foster Creek during bridge construction should be controlled to reduce siltation. Recommendations Based on the above, this Ministry has no objections to the approval of this subdivision, provided that it be subject to the following conditions: 1. Prior to any grading or construction on the site, the owner shall erect a snowfence or other suitable barrier along the eastern boundaries of Lots 1 to 16, inclusive. This barrier shall remain in place until such time as all graading, construction and landscaping of the site are completed. It shall be maintained in order to prevent the placement of fill or the removal of vegetation in locations other than those deemed necessary by this Ministry during bridge construction. 2. Prior to any grading or construction on the site, the owner shall acquire written approval under the Lakes and Rivers Improvement Act for construction of the Edward Street bridge over Foster Creek. The Subdivision Agreement between the owner and the municipality shall contain the following provisions in wording acceptable to this Ministry: a) That the owner agrees to construct and maintain the barrier as reuqired in Condition 1 above. b) That the owner shall not dam, dredge or in any way alter Foster Creek without the prior written authorization of the Ministry of Natural Resources as described in Condition 2 above." . . .4 REPORT NO. : PD-46-86 Page 4 Ganaraska Region Conservation Authority - November 12, 1985 "We note that Block C and parts of lots 16 and 17 are subject to flooding under Regional Storm flood conditions and that Zoning By-law 84-63 of the town of Newcastle designates the Regional Storm flood plain as "Environmental Protection (EP)" zone, prohibiting residential uses. This zoning addresses our concerns with respect to buildings and structures, other than flood erosion control works, on the above-noted Blocks and lots. To further protect those lands subject to flooding during a Regional storm, we would suggest that the subdivision agreement contain a provisions which would have the effect of prohibiting, other than with prior written consent of the Ganaraska Region Conservation Authority, the placing or removal of fill and the altering of existing vegetation, in Block C." January 30, 1986 As the proposed extension of Edward Street may alter the Regional Storm floodplain of Foster Creek, the Authority respectfully suggests that the bridge design and discharge capacity should be evaluated in that respect. Ontario Regulation 576/84, Fill , Construction and Alteration to Waterways, as administered by the Ganaraska Region Conservation Authority, provides a means of evaluating the flood related impact of such works. Based on the above, the Authority has no objections to the proposed plan provided that it is subject to the following additional condition: Prior to commencing filling, construction or stream alterations related to the Edward Street bridge over Foster Creek, the owner shall secure a permit for such works from the Ganaraska Region Conservation Authority, pursuant to Ontario Regulation 576/84, Fill , Construction and Alteration to Waterways ." COMMENT: Staff note that no major objections or concerns were identified through the circulation of the proposed subdivision. With respect to the provision of municipal services, the Regional Works Department has indicated that water supply is available through an extension along Edward Street from an existing main on Church Street. The extension of service however, will be dependent upon the constructjion of the Edward Street extension across Foster Creek. The Ministry of Natural Resources and the Ganaraska Region REPORT NO. : PD-46-86 Page 5 Conservation Authority have indicated that the construction of this extension across the Foster Creek Valley is subject to their approval . Staff further note that the development of the proposed subdivision is in conformity with the Newcastle Village Urban Area Plan and will not jeopardize the development of other lands within the southwest quadrant. The proposed subdivision is zoned "(H)Rl" by By-law 84-63; the lots within the proposed plan conform to the frontage and area requirements of the "Rl" zone. An amendment to By-law 84-63, to remove the H prefix from these lands, will be necessary prior to development proceeding. Based on the circulation comments and Official Plan conformity, Staff have no objection to Draft Approval of the subject Plan, and accordingly have * prepared the Town' s Conditions of Draft Approval , attached hereto as Attachment No. 1. Within the Town' s Conditions of Draft Approval , Staff have included a condition requiring the construction of the Edward Street extension across Foster Creek. As well , Staff have included conditions with respect to the Foster Creek Valley and the extension of Edward Street pursuant to the requests of the Ministry of Natural Resources and the Ganaraska Region Conservation Authority. Pursuant to the provisions of the Planning Act, the Town can require the dedication of 5% of the subdivision lands for park purposes or the equivalent value in cash as a condition of approval of the subdivision. The applicant is proposing the dedication of a 0.30 ha parcel (Block A) on the west side of the subdivision which will combine with a larger park parcel to be dedicated through the approval of Plan 18T-81029 to create a Neighbourhood Park. The applicant is also proposing to dedicate a 0.49 ha parcel (Block C) along the Foster Creek valley. This parcel directly abuts a 1.25 ha parkland and open space parcel (Block 104) to be dedicated through the approval of Draft Approved Plan of Subdivision 18T-19720. As noted by the Ganaraska Region Conservation Authority in their comments, portions of Blocks C and 104 lie within the Regional Storm Floodplain of Foster Creek and are zoned "EP-Environmental Protection" by By-law 84-63. . . .6 REPORT NO. : PD-46-86 Page 6 Staff note that the applicant also owns the lands covered by the Draft Approved Plans 18T-84011 and 18T-19720 which lie immediately to the north and south respectively of the subject plan. By letter dated November 4, 1985, Foster Creek Developments requested that the Town accept part or all of the valleylands to the east of Plans 18T-85030 and 18T-84011 to satisfy the parkland requirements for the three (3) subdivisions being developed by the applicant in the Southwest Quadrant. This request was considered by the Community Services Planning Board on November 6, 1985. The Board decided to adhere to existing Town Policy and not recommend acceptance of valleylands for park purposes. However, no motions were passed by the Board with respect to this matter and therefore this position was not endorsed by Council through acceptance of the Minutes of the meeting. The Director of Community Services has advised Planning Staff that a portion of Blocks C and 104, although within the Regional Storm floodplain, is tableland and is therefore acceptable as parkland. He also advised however that the valleylands to the north of Edward Street are not acceptable as parkland, but would be acceptable to the Town gratis or at nominal cost. The remainder of the 5% parkland dedication for the three subdivisions shall be accepted in cash. Staff note that the parkland requirement for the subject subdivision is 0.45 ha, while the requirements for Draft Approved Plans 18T-19720 and 18T-84011 are 0.58 ha and 0.35 ha respectively. The total requirement for the three (3) subdivisions is 1.38 ha. An area of 0.19 ha of Block C is acceptable to the Community Services Department as parkland, while 0.8 ha of Block 104 in Plan 18T-19720 is acceptable. No land is being dedicated through Plan 18T-84011. A total of 1.3 ha will be dedicated to the Town for the three (3) subdivisions being developed by the applicant, which would leave the cash equivalent of 0.8 ha of land to be paid to the Town in lieu of parkland dedication for Plan 18T-84011. Staff have included appropriate conditions in the Town's Conditions of Draft Approval to cover the dedication of parkland and the payment of cash-in-lieu of parkland dedication. In view of the very small amount of land and its cash value, . . .7 REPORT NO. : PD-46-86 Page 7 Committee may wish to consider accepting the applicant' s offer in respect of the remaining valleyland. If so, an appropriate resolution should be approved. It is recommended that the Region of Durham be advised that the Town of Newcastle has no objection to Draft Approval of Plan of Subdivision 18T-85030, subject to the Conditions of Draft Approval as outlined by Attachment No. 1 to this Report. Respectfu s it d, T.T. Edwards, M.C. I .P. Director of Planning t JAS*TTE*j ip *Attach. February 6, 1986 Applicant: Mr. Ed Vanhaverbeke Foster Creek Developments Limited 214 King Street East BOWMANVILLE, Ontario L1C 1P3 C ON CESSIO IV 2 I WA Y N° 2 t *. i ! 6 y IL rt'. _ ,-�.�_Yelt•LdmY.ttlif-ct-r!!N'4•q rJ=i-- wlr!w'm'r '� 1 !f_,[o' -�� _t / � \• 'Y` --'- -- i ` k DRA -FT _PLAN APPROVED FILE All r a 4011 (OwNlo/lY, �AlllcANr/ O i L 0� T 2:9 tl= 2 d J b•64 :'. 65 66 ,I 67 68 6g �a..`�e ~ �' iQ Q 63 F ro; [a 7O 76 Q 0 R — q Q p 62 Q 54 ' 53 +` 2 7/ 72 73 F:1 74 $ W 6� a `• .p moo!'_ 'ICS' 61 ?� p 55 51 - ' 8 'v 1 NlrStc m 60 Q 56 o. 5/ % 7 wi $59 � ' 50/'$ 49 r 46. 4 46& 45 to so 00 j so .g $ Q Y 38 39 40 41 42 43' 44Q // 18 WEST 6yq f D STREET off E0 . . i t \ E� / •/ BLOCK C 23 W 0�_ I -Q: Y 13 S Z Q 33 32 3/ 30=Z9 8128;8 27W 26 W nQ_.. Q WPM- -- .Q " +dr /S 20 L.L r' [ BLOCK 104 w' 93 w !' YO 92 . 19 ^16 R W 97 SLn /8 o, J r O ,•�� ro o 90'h'88?� 17 86 Y� 85 i•1 r o / ,•, IROV�D ! 972g1 PL N 1' �,. 05 f1 69: •R o` 64 I lwNCO or AMC/cANr) • �\ 1 • N1r kf ao r !/.N I'yp.06 /a°J, EL ' . BC(ILEVARD ; , rt � ///IfVMOIRY N/pYAI/pY pw[N/.fON I{Aw OR-!!!IND I K/M III wIRIJOL S /t1 COM10ufJ!MY K"M IYI wlwll OL f /f/LOTSrS-14 Wt.INI[NO[O lOR—Ito NCCSINi. JfR rO.IN/ N.,�1(M,jgw /4/LOr,N-M MIX..Nods/o,"o—A[MCSfNr R[OrIrON[O LO.N1/6YRf loo I�If(f ! R L!Y ofI NR10F M[YIOVSLI--ow.CRJR KIN I!1-/!!!C. ON Rp `f 4w0 R /!!l0rf/I•rl KY.RfM[flNf tU10/YIfKW Or IfOCw IN Ill r-Illro/IAO Mf NR10/ RO.for m r''""'Mr,p-sl0 • AfYAMfICR/AIN RS ORYf rIMOYIL, 101-/NO WMJOIIL ��■ DRAFT APPROVED PLAN OF SUBDIVISION PROPOSED PLAN OF SUBDIVISION ATTACHMENT NO.1 TO REPORT PD-46-86 TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL SUBDIVISION APPLICATION 18T-85030 1. That this approval shall apply to draft plan of subdivision 18T-85030, prepared by Charles F. Riley, Ontario Land Surveyor, dated September 20, 1985 and revised October 15, 1985, showing 47 single family lots, 30 semi-detached lots, 2 park blocks and one block for future development. 2. That the Owner enter into a Subdivision Agreement with the Town of Newcastle. 3. That the Owner grant to the Town, free and clear of all encumbrances, all easements and dedications as requested. 4. That the works be designed and constructed in accordance with the latest Town of Newcastle Design Criteria and Standards. 5. That the road allowances included in the draft plan be dedicated as public highways. 6. That the road allowances in the plan be named to the satisfaction of the Town of Newcastle. 7. That the utility distribution system, including Hydro, Bell , Cable TV, etc., be installed underground (both primary and secondary services) . 8. That the Owner agrees to grant to the Town, Blocks A and C as parkland dedication in a condition acceptable to the Town. 9. That the necessary amendment to By-law 84-63, as amended, of the Town of Newcastle, be approved and in effect. 10. That the Owner agrees, in writing, to satisfy all the requirements, financial and otherwise, of the Region of Durham. 11. That the Owner agrees: i ) Prior to any grading or construction on the site, to erect a snow fence or other suitable barrier along the eastern boundaries of Lots 1 to 16 inclusive. This barrier shall remain in place until such time as all grading, construction, and landscaping of the site are completed. It shall be maintained in order to prevent the placement of fill or the removal of vegetation in locations other than those deemed necessary by the Ministry of Natural Resources during construction. . . .2 �v Chi _ 2 _ TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL SUBDIVISION APPLICATION 18T-85030 11. ii ) Prior to any grading or construction on the site, to acquire from the Ministry of Natural Resources written approval under the Lakes and Rivers Improvement Act for construction of the Edward Street bridge over Foster Creek. iii ) Prior to commencing filling, construction or stream alterations related to the Edward Street bridge over Foster Creek, to secure a permit for such works from the Ganaraska Region Conservation Authority, pursuant to Ontario Regulation 576/84, Fill , Construction and Alteration to waterways. 12. That prior to final approval , the Region of Durham shall be satisfied that adequate water pollution, control plant and water supply plant capacity are available to the proposed subdivision. 13. That prior to final approval of the Plan, the Owner shall satisfy all requirements financial and otherwise of the Town of Newcastle. This shall include, among other matters, execution of a Subdivision Agreement between the Owner and the Town of Newcastle, concerning the provision and installation of roads, services and drainage. 14. That prior to final approval of the Plan, the Owner shall satisfy all requirements, financial and otherwise, of the Region of Durham. This shall include, among other matters, execution of a Subdivision Agreement between the Owner and the Region of Durham concerning the provision and installation of sanitary sewer, water supply, roads and other Regional services. 15. That the Subdivision Agreement between the Owner and the Town of Newcastle shall contain, among other matters, the following provisions: i ) The Owner agrees to construct and maintain the barrier along the eastern boundary of Lots 1 to 16 inclusive as required by the Ministry of Natural Resources. ii) The Owner shall not place or remove fill or alter existing vegetation in Block C without the prior written consent of the Ganaraska Region Conservation Authority. iii ) The Owner shall not dam, dredge or in any way alter Foster Creek without the prior written authorization of the Ministry of Natural Resources. 16. That prior to approval of the final plan, the Commissioner of Planning for the Region of Durham shall be advised, in writing, by: . . .3 � UCn� - 3 - TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL SUBDIVISION APPLICATION 18T-85030 16. i ) the Town of Newcastle how Conditions 29 3, 4, 5, 6, 7, 8, 9, 10, 14 and 16 have been satisfied. ii ) the Ministry of Natural Resources how Conditions 12(i ) and 12(ii) have been satisfied. iii ) the Ganaraska Region Conservation Authority how Conditions 12(iii ) has been satisfied. NOTES ON DRAFT APPROVAL 1. All plans of subdivision must be registered in the land titles system within the Durham Region. 2. It is suggested that the municipality register the subdivision agreement against the land as provided for in Section 50(6) of the Planning Act. 3. Where agency requirements are contained in the subdivision agreement, a copy of the agreement shall be sent to these agencies in order to facilitate their clearance for final approval . The applicable agencies are: The Ministry of Natural Resources 322 Kent Street West LINDSAY, Ontario K9V 4T7 The Ganaraska Region Conservation Authority P.O. Box 328 PORT HOPE, Ontario L1A 3W4 II i