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HomeMy WebLinkAboutPD-7-88 DN: 7-88 TOWN OF NEWCASTLE ' REPORT File # r ° Res_ # By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, January 18, 1988 REPORT #: PD-7-88 FILE #: 18T-87054 SUI�JECT: APPLICATION FOR APPROVAL OF PLAN OF SUBDIVISION MEMPHIS HOLDINGS LIMITED PART LOT 8, BROKEN FRONT CONC., FORMER TWP. OF DARLINGTON FILE: 18T-87054 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-7-88 be received; and 2. THAT the Region of Durham be advised that the Town of Newcastle recommends approval of the draft Plan of Subdivision 18T-87054 dated May, 1987 as revised in red, subject to the conditions contained in Attachment No. 1 to this Report; and 3. THAT a copy of Staff Report PD-7-88 be forwarded to the Region of Durham; and 4. THAT the attached by-law authorizing execution of a Subdivision Agreement between Memphis Holdings Limited and the Corporation of the Town of Newcastle be approved; and 5. THAT the Mayor and Clerk be authorized to execute the Subdivision Agreement between Memphis Holdings Limited and the Corporation of the Town of Newcastle at such time as an Agreement has been finalized to the satisfaction of the Director of Public Works and Director of Planning; and . . .2 REPORT NO. : PD-7-88 PAGE 2 ------------------------------------------------------------------------------- 6. THAT in consideration of the comments provided by the Fire Chief and the provisions of Section 50(4) (1) of the Planning Act, further consideration be given to the Town's fire protection services during the 1988 Budget considerations. BACKGROUND: On July 28, 1987, the Town of Newcastle was advised by the Region of Durham of an application for approval of a Plan of Subdivision, submitted by Inducon Consultants of Canada Ltd. , on behalf of Memphis Holdings Limited. The subject application proposes the creation of nineteen (19) serviced industrial lots on a 30.86 hectare (76.25 acre) parcel of land. This application was only one of three received that date for the area known as the South Bowmanville Industrial Park. Previously, on July 24, 1987, the Town of Newcastle was advised that an application had been submitted for an Official Plan Amendment to both the Durham Regional Official Plan and the town of Newcastle Official Plan. This application involved the lands covered by the total of the above-noted subdivision applications, the South Bowmanville Industrial Park. The Official Plan Amendment was to redesignate the proposed road traversing the industrial park (Lake Road) , from "Arterial Type B11 status to "Collector" status. Council dealt with this application at a regular meeting of Council on October 13, 1987, at which time approval of the amendment was given, as well the road was allowed to be constructed to rural standards. The Official Plan Amendment also sought to redesignate that portion of Lamb's Road north of Lake Road and accessing Highway 401 from an "Arterial" to a "Collector". This proposed redesignation was not supported by Staff or Council and recommendation was made to retain the proposed Lambs Road interchange. On October 21, 1987, the Town of Newcastle received an application for a Zoning By-law Amendment to the lands of the South Bowmanville Industrial Park. The application was submitted by Inducon Consultants, the agent for the above three subdivision applications. The rezoning is for the removal of the 11 (H)" Holding symbol. This application has been circulated, however, comments have not been received from all the agencies involved. Staff note that the 11 (H) Holding" symbol will not be removed until a Subdivision Agreement has been entered into. A REPORT 00. : PD-7-88 P&QO 3 _______________________________________________________________________________ & second rezoning application was received December I, 1987. This application is specific to this subdivision application as it proposes to rezone Lot I of said proposed subdivision from "Light Industrial (Ml)" to "General Industrial W)". A Public Meeting and report is scheduled for the General Purpose and Administration Committee Meeting of January 18v 1988. As previously mentioned Staff are in the process of ooualdoziug three (3) subdivision applications for the South BovmmuvilIe Industrial Pack (Files: I8T-87054, 18T-87055 and I8T-87056) . The application presently being considered is the largest of the three (3) having a total area of 30.86 hectares. The Docbmm Regional official Plan designates these lands / "Industrial" as does the Bowmnuville Major Urban Area Official Plan, and the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, zones the subject lands "Light Industrial (Ml)n, "Holding-Light Industrial ( (H)Ml)", and "Holding-General Industrial ( (B)M2)o. In accordance with departmental procedures, the application has been circulated to obtain comments from other departments and agencies. Staff would note the following agencies/departments in providing comments, offered no objections to the application as submitted: - Newcastle Hydro Electric Commission - Newcastle Community Services Department ' - Ministry of 0atocmI Resources The following agencies provided some comments or conditions to the development of the proposed industrial subdivision. Canadian National Railway "Staff at CNR had no objection in principle to the proposed plan of subdivision provided the following c000ecoo are addressed in the Subdivision Agreement: I. Any proposed alterations to the existing drainage pattern affecting Railway property must receive prior concurrence from the Railway and be substantiated by a Drainage Report to the satisfaction of the Railway. 3. The 0vmnec shall install and maintain at his own expense, a chain link fence of minimum 1.8 metre (6 feet) height along the mutual property line." y-w REPORT 00. : PD-7-88 PAGE 4 ------------------------------------------------------------------------------- Ministry f Transportation "Ministry Staff have no objection to the proposed development but advise that all buildings must be set back a minimum distance of 14.8 metres (45 feet) from Highway 401 property. As well, permits will be required for all buildings and illumination located within 395 metres (1300 feet) of the oeutrepoiut of Highway 401 and Port Darlington Road, and for all signs located within 408 omLrea (13I2 feet) of Highway 401 property line." Ontario Hydro "The proposed subdivision received no objection from Hydro Staff provided the following conditions are included in the Subdivision Agreement: l. & copy of the lot grading and drainage plan, showing existing and final grades, moot be submitted to Ontario Hydro for review; 2. The costs of any relocations or revisions to 0otmciu Hydro facilities which are necessary to accommodate this subdivision will be borne by the developer; and 3. The easement rights of Ontario Hydro are to be protected and maintained." Durham Regional Public Works "Regional Works Staff mote that full municipal services are available to the proposed subdivision, therefore they have no objections to the development of . this plan, providing the usual Regional Work's conditions regarding financing and servicing are incorporated in the Subdivision Agreement." Town of Newcastle Public Works tment "Public WVcha Staff had no objections to the proposed industrial subdivision provided that the following issues or concerns are addressed either through design revisions or Subdivision Agreement: rural road cross-section, maintenance and aesthetics; utility corridors and easements; transportation links; road ceoouatronLiun and financing; and preparation of a Storm Drainage Report addressing concerns of this site." Town of Newcastle Fire Department "This Department would note an objection to the above-headed plan. It is of concern to us, bow this pact-time Fire Department (4 full time) will be able to maintain a high level of efficiency, given the amount of development going on in this municipality. If this plan is approved, it is recommended that no building permits be issued until moceoo routes comply with Subsection 3.2.5.2(6) of The Ontario Building Code. As well, sufficient water supplies for firefighting must be available in accordance with Subsection 3.2.5.3 of the Ontario Building Code." REPORT NO. ; PD-7-88 PAGE 5 ------------------------------------------------------------------------------- STAFF COMMENTS: To date of writing this report, comments have not been received from the � Central Iaha Ontario Conservation Authority or the Ministry of Environment. Staff note however, comments obtained from Ministry of Environment Staff on the two adjoining subdivision applications (18T-87055 and I8T-87056) , received no objection from said agency. Discussions pertaining to the development of the subject lands have been ongoing between the land owner (Memphis Holdings Limited) , the Agent (Iod0000) , the Region, and the Town for the Dnat year. To date" aggramout has been � reached on the status of the Lake Road and the standards to which it will be developed. Council previously dealt with this through Official Plan Amendment, at which time it was recommended to the Region that Lake Road be redesignated as a collector and be developed to rural standards. Recommendations were also made at that point regarding Lambs Road zedeaigoetiou as mentioned earlier. Diaouoaloua are still ongoing as to the benefits of developing a full interchange at Lambs Road and Highway 401 as opposed to upgrading Bennett Road to a full interchange. However, although development of a full interchange is important to aoceooabiIity of this subdivision and the industrial park' the actual location of the interchange does not effect this subdivision application as any lands required to accommodate access ramps will be east of the subject site. This development can therefore be considered prior to actually finalizing the interchange location and design. Comments submitted by both the Canadian National Railway and Ontario Hydro raised oVuoecuo regarding lot grading and drainage of the subject lands. The Town's Public 0Ncko Department identified these same oouoecua in their preliminary review and requested a report be undertaken to address the iamoea and methods of alleviating the problems. Upon reviewing the drainage report, Public Works Staff are in agreement with the principle ioaoea of said report and further agree there may be two methods of dealing with surface drainage. REPORT 00. : PD-7-88 PAGE 6 _______________________________________________________________________________ However, further studies will be required in order to analyze which method is more acceptable and will have the least impact. Tcanapwctiou links to be addressed include the design of the Lake Road and Port Darlington Road intersection at the western edge of the subject site, as well as the re-aligning of Lake Road west of the site. Staff note that the Meacuo Avenue road allowance which bisects the subject lands has been closed by 8y-law 0o. 1642, and the Smart Plan which comprised the western half of the plan has been closed by Judges Order 0o. 3095. Additionally, Staff have included within the conditions of draft approval prepared for Committee's onoaidecmtinu, a condition whereby the Owner covenants . and agrees to negotiate m contribution towards the upgrading/reconstruction of Lake Drive from Liberty Street easterly to Port Darlington Road, being the entrance to the proposed industrial development. Staff would note for the Committee's consideration that the applicant does not couooc with the position. Staff are of the opinion that' in consideration of the potential use of Lake Bmod to service the development, the condition as noted is warranted. The comments of the Fire Chief cause Planning Staff particular nouoecuv and in our opinion, they warrant specific attention by Council. Section 50(4) of the PImouiog Act requires Council to have regard for a uon�bez of matters when considering a draft plan of subdivision. In particular, it requires CbouniI to � have regard to the "health, safety, convenience and welfare of present and future inhabitants of the local municipality." In addition, Subsection (i) specifically cafeceuoea the adequacy of utilities and municipal services. In view of the concerns about fire protection services, we would not normally be in a position to recommend approval of the application given the potential demands on fire protection services. However, in view of prior approvals granted by Council, expenditures for servicing the lands and Council's expressed priorities for industrial development, we recommend approval contingent upon Council reviewing further the implications to tire protection services. In consideration of the foregoing comments, PIeouiug Staff would have no objections to the approval of the Plan of Subdivision 18T-87054, as red-lined 10) REPORT 0D. : PD-7-88 PAGE 7 _______________________________________________________________________________ revised and subject to the conditions of draft approval on Attachment 0o. l annexed hereto and the recommendations related thereto. Respectfully submitted, Recommended for presentation -- -�T----�------- /--/--w-� ----------------- ���. � m�~ �.C.I.�. h��/reo Dotoeff / Dire�toi`��� Planning Chief Ad otcative Officer , �� . CP*TT8*jip V *Attach. December Il, I987 / CC: Memphis Holdings Ltd, CC: Iudocou Consultants of Canada 805 Lakeshore Blvd. E. Mc. B.J. 8cuwo TORONTO, Ontario 235 Yochlaod Blvd. M4M 1B2 NORTH YORK, Ontario M3J 4Y8 ' ATTACHMENT NO. 1 TO REPORT PD-7-88 TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL SUBDIVISION APPLICATION 18T-87054 1. That this approval shall apply to a draft Plan of Subdivision 18T-87054, prepared by Inducon Consultants of Canada Ltd. , identified as their Drawing No. 4027-SK-40, dated May, 1987, which is revised in red as per attached plan showing nineteen (19) industrial lots. 2. That the Owner enter into a Subdivision Agreement with the Town of Newcastle in respect of the subject plan which shall include, in addition to the Town's Standard requirements, specific provisions with respect to the following Conditions 3 to 25, all inclusive. 3. That all works are completed in accordance with the Town of Newcastle's Design Criteria and Standard Drawings and to the satisfaction of the Director of Public Works. In addition, the engineering design of the rural roadways shall incorporate and address Public Works Staff's concerns regarding the maintenance and aesthetics of a rural roadway (ie. minimum 20 ditch grade, flatter sideslopes, and backslopes etc.) . A typical rural road cross-section to the satisfaction and approval of the Director of Public Works shall be prepared that addresses the above concerns. 4. That any easements required by the Town be granted free and clear of any encumbrances. 5. That the impact of this development on the existing Town road system which form a transportation link to Regional Road 14, Highway 401 and Highway 2 be assessed and based on the above, the developer should contribute to the reconstruction of the roads impacted by this development to the satisfaction of the Director of Public Works. 6. That the road allowance width be adjusted to reflect a rural road R.O.W. 30 metres minimum and a rural cul-de-sac R.O.W. be increased to 27.5m radius and that sight triangles at all intersections are provided accordingly. 7. That this development is serviced with utilities in a manner acceptable to the Director of Public Works (i.e. utility corridor on easement) . 8. That storm drainage and lot grading be undertaken to the satisfaction of the Director of Public Works. 9. That the developer bear the costs (100% of the following works which would be necessitated as a result of this development: (a) the complete reconstruction of the intersection of the existing Lake Road, Port Darlington Road, and the proposed Lake Road extension; (b) that the horizontal alignment of the Lake Road extension be revised to provide a smooth transition from the proposed Lake Road to the existing; (c) the illumination or upgrading of existing illumination of the existing Lake Road to Regional Road 14. . . .2 Page 2 of ATTACHMENT NO. 1 TO REPORT PD-7-88 TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL SUBDIVISION APPLICATION 18T-87054 10. That the developer contributes 50% of the costs of reconstructing Port Darlington Road for the frontage of Lot 19 (91.0 metres) . 11. That 0.3 metre reserves are placed on Lot 18 to restrict access to the internal road. 12. All of the other standard requirements re: Lot Grading, Schedules of Work, Performances Guarantees, Cost Estimates, etc., should be included in the Subdivision Agreement. 13. That prior to final approval, the developer be responsible for initiating an application for the closure and conveyance of the Simpson Avenue road allowance abutting Lot #1, in accordance with the Town's Road Closure Policy. 14. That the developer meet all the requirements of the Public Works Department, financial and otherwise. 15. That the Owner agrees to satisfy all the requirements, financial and otherwise, of the Region of Durham. 16. That any proposed alterations to the existing drainage pattern affecting Railway property must receive prior concurrence from the Railway and be substantiated by a Drainage Report to the satisfaction of the Railway. 17. The Owner shall install and maintain at his own expense, a chain link fence of minimum 1.8 metre (6 feet) height along the mutual property line. This shall require registration of a maintenance clause on title of affected lots. 18. That all buildings be setback a minimum distance of 14 metres (45 feet) from the Highway No. 401 property line. 19. That permits be obtained from the Ministry of Transportation for all buildings and illumination located within 395 metre (1300 feet) of the centrepoint of Highway 401 and Port Darlington Road. 20. That permits be obtained for all signs located within 400 metres of Highway 401 property line. 21. That a copy of the final lot grading drainage plan, showing existing and final grades, be submitted to Ontario Hydro for review. 22. That any costs of relocation or revisions to Ontario Hydro facilities necessary to accommodate the subdivision be borne by the developer. 23. That easement rights of Ontario Hydro are to be protected and maintained. 24. That Site Plan Agreement be entered into prior to development of each industrial lot. Page 3 ATTACHMENT NO. 1 TO REPORT PD-7-88 TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL SUBDIVISION APPLICATION 18T-87054 25. That the rezoning be finalized prior to issuance of any building permits. 26. That the Owner covenants and agrees to negotiate a contribution towards the upgrading/reconstruction of Lake Road from Port Darlington Road westerly to Liberty Street. ' TCWN OF NCt IZY 4 DRAFT PLAN TOM IF SOWUANAll TIC air tftllIft CK36404AMWWrIlill cm CAAL&MA LX or Aelf-4"