HomeMy WebLinkAboutPD-21-88 DN: 21-88
TOWN OF NEWCASTLE
REPORT File # w
Res. # ` r '
By-Law #
MEETING: General Purpose and Administration Committee
DATE: Monday, February 15, 1988
REPORT #: PD-21-88 FILE #: 18T-87034
SUBECT: APPLICATION FOR SUBDIVISION APPROVAL - AKAL CONSTRUCTION LTD.
PART LOTS 33 & 34, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON
FILE: 18T-87034
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-21-88 be received; and
2. THAT the Region of Durham be advised that the Town of Newcastle recommends
approval of proposed draft plan of Subdivision 18T-87034 dated April 14,
1987 as revised in red, and attached hereto, subject to the conditions
contained in Attachment No. 1 hereto; and
3. THAT the proposed Zoning By-law Amendment to the Town of Newcastle
Comprehensive Zoning By-law, as amended, be deferred pending execution
of a Subdivision Agreement; and
4. THAT a copy of Report PD-21-88 be forwarded to the Region of Durham.
V,
BACKGROUND:
On May 12, 1987, the Town of Newcastle was advised by the Region of Durham of an
application for approval of a Plan of Subdivision submitted by Akal Construction
Ltd. The subject application proposes the creation of two hundred and eighty-five
(285) single family dwellings, one (1) 3.5 ha park parcel and 0.5 ha contribution
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REPORT NO. : PD-21-88 PAGE 2
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towards a future school. This development is proposed for a 29.76 ha parcel of
land between Prestonvale Road and Townline Road and north of the proposed Bloor
Street extension (see attached plan) .
On May 12, 1987, the Town of Newcastle also received an application for an
amendment to the Town of Newcastle Comprehensive Zoning By-law, as amended.
The proposed rezoning would be to allow the above-noted development, by
removing the "Holding (H)" symbol on the "Holding - Urban Residential Type One
( (H)R1)" zone and rezoning the northwest corner from "Environmental Protection
(EP)" zone to "Urban Residential Type One (Rl) " zone.
The subject subdivision is only one of three (3) proposed by the applicant
within the Courtice Area. The other two (2) subdivision applications are
directly to the south of said proposal (18T-87041 and 18T-87042) . These
applications, however, also require an Official Plan Amendment to extend the
Courtice Urban boundaries to enable the proposed development to take place. A
fourth subdivision application (under a different ownership) 18T-87040,
immediately to the west of the subject site, is also being processed by
Planning Staff.
A Public Meeting regarding the above-mentioned rezoning was held Monday, June
29, 1987. The report to the General Purpose and Administration Committee
meeting recommended referral back to Staff for further processing and a
subsequent report upon receipt of all outstanding comments. Residents at the
meeting spoke in opposition to the proposed development and as well, they
requested the developer to construct all roads on his lands and that none of
the streets be dead-ends. Staff note that letters objecting to the proposed
development were filed by all the residents adjacent to said application and
fronting on Prestonvale Road.
Staff note that on October 16, 1987, a revised plan was submitted by the
applicant. The revisions were dated September 19, 1987 and dealt with the
northwest corner of the proposal affected by the "Environmental Protection
(EP)" zone. The revision removed Lots 197 and 198 and re-aligned 194 to 196.
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REPORT NO. : 9D-21-88 PAGE 3
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These changes can be incorporated through red-line revision.
COMMENT:
Since June 29" 1987 meeting, Staff have further reviewed both applications. In
accordance with departmental procedures, the applications have been oicooImted
to obtain comments from other departments and agencies. Staff would note the
following agencies/departments, in providing comments, offered no objections to
the applications as submitted:
- Newcastle Building Department
- Ontario Hydro
- Ministry of Agriculture and Food
- Ministry of the Environment
- 0VctbonbecIaod and Newcastle Board of Education
The following agencies provided some comments or conditions to the development
of the DcoDnaed subdivision.
Newcastle Fire Department
"Although the department had no objection to the application, they expressed
serious 0000ezoa regarding the ability of this "part-time" Fire Department to
maintain emecgeocl, services considering all of the development which is taking
place throughout the municipality. This development will represent an increase
population of 855 people."
Newcastle iServices Department
"Community Services Staff also had no objection in principle to the proposed
Plan of aubidiviaou provided the following concerns or conditions were
addressed:
- increase access to proposed park via walkways;
- provision of a Pack Site Master Plan, incorporating two softball diamonds
and two 0000ec fields, hook-ups for water and sewer mains, an
identification sign and fencing, and grading, sodding and vegetative
planting."
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REPORT 00. : PD-21-88 P&Q8 4
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Town of Newcastle Public Works tmeot
"Public Works Staff have no objections to the proposed development provided
that the following issues or concerns are addressed either through design
revisions or Subdivision Agreement:
- that the developer provide easements, road wideoiuga and land dedications as
required;
- that the developer be responsible for necessary road reconstructions and
alignments including, a traffic impact study for Dcemtouvale Road and
contribution towards future upgrading;
- that the necessary sight triangles and additional walkways be incorporated
into the proposed plan;
- that a site servicing report be prepared and that a groundwater monitoring
program be carried out for a minimum of one year; and
- that the developer reimburse Gatehouse Holdings for ovezaiziug of the
detention pond."
Central Lake i i on Authori
"Conservation Authority have reviewed this proposal and had no objections to
the proposed development as they considered the majority of the site suitable
for development. However, concerns were expressed regarding areas abutting or
within Imta 194 to 199. Authority Staff also wanted the following issues to be
addressed prior to approval:
- removal of Lots 197 & 198 and part of [mta 199, 194 and 196 for development
purposes;
- an approved Phased Grading and Erosion Control Plan indicating on-site
containment of sedimentation."
Ministry f Natural Resources
"Ministry Staff have no objection to the principle of development on this site,
however, 000cecua were expressed regarding the proposals proximity to Farewell
Creek, and possibility of sedimentation from development activities.
Therefore, Staff recommend that prior to any grading or onuotcuotiuu/ a site
drainage and soil erosion control plan, acceptable to the Ministry, be
developed and the owner agree to implement said plan."
Peterborough-Victoria-Northumberland and
Newcastle Roman Catholic Separate School Board
"School Board Staff have no objection to the development of this proposed plan
of subdivision. Planning Staff note that through verbal conversations between
School Board officials and the Town's Planning Director, interest has been
expressed in acquiring the ooboVl site proposed in the above-noted applications
in conjunction with Subdivision Application 18T-87040.11
REPORT 00. : PD-21-88 PAGE 5
_______________________________________________________________________________
Regional Public Works
"Regional Works Staff have no objection to the development of this proposed
plan of subdivision provided the usual works conditions regarding financing and
servicing addressed. Staff noted oouoecua regarding the timing of development
and will require that development of Imta I-133, 136-154 and 238-285 be
withheld until a commitment has been made by way of subdivision agreement on
Plan I8T-87048 to extend the Darlington Boulevard Trunk Sewer."
STAFF COMMENT:
In reviewing the above-noted comments, Staff note, although commenting agencies
provided no objection to the proposal, several of the comments identified
issues and conditions to be addressed prior to receiving clearance from said
department or agency. Staff also note that residents of the area did object
to the proposal at a Public Meeting and by Letters of Objection to the Planning
Department of the Town and the Region.
Residents objecting to the proposed subdivision, appear to be primarily
concerned with the location of the extension of Renwick Road. All of the
objecting residents live adjacent to the subject site and have frontages on
Pceatouvale Road. The above-noted road extension is not contained within the
proposed Plan of Subdivision but rather, is illustrated as a DnoaibIe method of
continuing this road and best utilizing laud, without disrupting existing
development. The residents object to having a future road bisect their rear
`
yards and would like to see it totally contained within the proposed
subdivision along the eastern border. This would, in theory, enable them to
sever future Iota from their present bnIdiugo as is presently obuwo' without
the responsibility of constructing a road. in fact, this could not occur since
severances must share in any road construction ouatm and must also aoomcd with
the principles of good planning.
In reviewing this objection, Staff do not believe that relocating the proposed
Renwick Road extension to the applicants' site would be a practical
alternative or good planning. This approach would result in the under
utilization of laud that is designated for residential development and
therefore, be Ieoo economical in terms of services to be provided. Regarding
residents comments on the use of "dead-end" streets, Staff note that it is
virtually impossible to develop multiple parcels of land, with various land
owners, while maintaining a continuous road pattern, without the use of
temporary "dead-end" streets. The subject DIao is a good example of this
REPORT N0. ; PD-21-88 PAGE 6
_______________________________________________________________________________
technique, as ten (IO) temporary "dead-end" streets have been proposed in order
to maintain the possibility of m nouti00000 transportation network for future
subdivision developments. Planning Staff are satisfied that the Dcugnaed
street pattern provides for the future development of abutting lands and
therefore support same without modification.
Comments received from the Town of Newcastle Community Services identified
iaooeo which can be resolved through red-line revisions and Subdivision
Agreement. Ministry of Natural Beoouccea'o concern regarding site drainage
and oniI erosion were similar to issues expressed by the Central Lake Ontario
Conservation Authority. Both agencies have requested a site drainage and soil
erosion plan be submitted prior to grading and construction. Town of Newcastle
Public Works Staff have also required a site servicing report be prepared to
address the servicing needs of the development as well as the developer being
required to initiate m groundwater monitoring program one (l) year prior to the
start of any construction.
In response to Central Lake Ontario Conservation Authority's concern regarding
the vEPn zone and lots proposed in or adjacent to it, Staff feel a further
red-line revision to the applicant's revision is ueneoaozy, eliminating Imta
197 to 199 and re-aligning Lots 194 to 196 to have frontage on the proposed
east/west road.
Regional Public Works Staff comments regarding servicing of the subject lands
brings to mind questions of timing and phasing for the proposed development.
Although, the necessary sewage pumping station is available to the northern
part of the proposed plan via the WbiteoIiffe Subdivision (18T-84039) , an
easement over the future Huntington Drive between the two plans I8T-84029 and
18T-87034 (the subject plan) would have to be acquired. Servicing to the
southern portion of the subject pIou is conditional upon extension of the
Darlington Boulevard trunk sewer presently terminating at Qleoabbay Road. An
extension of this trunk however, depends on approval of the proposed plan of
subdivision adjacent to the west (18T-87040) . Municipal water supply is
available to the proposed lands.
REPORT 00. : PD-21-88 PAGE 7
_______________________________________________________________________________
Planning Staff are in oouoocreuoe with Public Works' concern regarding traffic
generated from this development and its impact on PraoLoovaIe Road and any
future reconstruction required. Staff agree this impact should be mooeaaed and
the developer be responsible for the appropriate share of the road upgrading
costs. The Council is avmxce of the comments of the Fire Chief and have
referred Report FD-30-87 in respect of Courtice fire protection, presented to
the General Purpose and Administration Committee Meeting of December 21, 1987v
to the 88 Budget discussions. We note that the recommendations contained
therein deal with the situation relative to existing conditions. At the
General Purpose and Administration Meeting of January 18, 1988 the Committee
further resolved to have a Joint Report prepared by Planning and Fire
/
Department Staff in order to further address this issue.
In view of the actions by Council in respect of fire protection services and in
consideration of the Official Plan designation, Staff are of the opinion said
Plan of Subdivision 18T-87034 can proceed to draft approval.
Staff are recommending draft approval of the proposed Subdivision and deferral
of the Zoning By-law Amendment pending execution of a Subdivision Agreement.
Staff note that without the necessary amendment to the Zoning By-law,
implementation of the plan is prevented.
(
Respectfully submitted, Recommended for presentation
to the Committee
40- ------------------- ----�------------------�7----
T.T. Edwards, M^C.I.P. Lawrence E. Kotoeff \/
Director of Planning Chief Administrative Officer
TTD*L8* 'ip
*Attach.
February lO" 1988
CC: Mc. Mack McCann CC: Wilfred & Erika Bobcm
c/o &kaI International Ltd. 2424 Pcaotoovale Road
330 Bay 8t. , Ste. 1202 B.R. #4
TORONTO, Ontario M5D 238 OSEDkWA, Ontario LIB 7K6
D.G. Biddle 6 &aonoiatea Peter & Marie 8aavyaege
90 King Street East 3362 PreotoovaIe Road
O8BAWA, Ontario Ll8 1B6 R.R. #4
OSBAW&, Ontario
REPORT NO. : PD-21-88 PAGE 8
-------------------------------.------------------------------------------------
CC: Gil & Helen Roussy Paul & Rita Ramlal
2370 Prestonvale Road 2406 Prestonvale Road
R.R. #4 R.R. #4
OSHAWA, Ontario LlH 7K6 OSHAWA, Ontario
LlH 7K6
Mr. John Russel DeCoe
2500 Prestonvale Road Martha J. Penfound
R.R. #2 R.R. #4
BOWMANVILLE, Ontario LlC 3K3 Prestonvale Road
OSHAWA, Ontario
Mr. Dave Simon LlH 7K6
2418 Prestonvale Road
R.R. #4 Robert & Lynda Todd
OSHAWA, Ontario 2218 Prestonvale Road
LlH 7K6 R.R. #2
BOWMANVILLE, Ontario
Mr. William Hunter L1C 3K3
2446 Prestonvale Road
R.R. #2
BOWMANVILLE, Ontario L1C 3K3
Gail and Gifford MacKenzie
2394 Prestonvale Road
R.R. #4
OSHAWA, Ontario
LlH 7K6
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ATTACHMENT NO. 1 TO REPORT PD-21-88
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-87034
1. This approval shall apply to a draft Plan of Subdivision 18T-87034
prepared by Donevan and Fleischmann Company Limited, Ontario Land
Surveyors identified as their file number 1-7221 dated April 24, 1987,
which is revised in red as per the attached plan showing a maximum of 285
lots for single family dwellings, a school block, a park, and Open Space
Block and Blocks reserved for future development.
2. The developer shall 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 36, all inclusive.
3. That all works are completed in accordance with the Town of Newcastle's
Design Criteria and Standard drawings.
4. That any easements required by the Town be granted free and clear of all
encumbrances.
5. That a Master Park/School Site Plan for Block 308 be prepared, at the
Developer's expense, to the satisfaction of the Director of Community
Services and the appropriate School Board.
6. That Grading and sodding; fencing; vegetative planting; and water and
sewer installation to the park block be undertaken to the satisfaction of
the Director of Community Services and at the expense of the developer
with any oversizing to be reimbursed through the Town's standard
endeavour to collect agreement.
7. That a sign identifying the name of the park be erected at the
developer's expense in a location approved by the Director of Community
Services.
8. That the 0.3m reserves be dedicated to the Town as shown in red on the
draft plan.
9. That the utility distribution on the internal streets (Hydro, Bell, Cable
TV, etc.) be installed underground and that all secondary services for
the proposed lots be underground.
10. That the developer dedicate a 1.25 metre road widening across the
frontage of Prestonvale Road.
11. That the developer shall be responsible for reconstructing the complete
intersection of Glenabbey Drive and Prestonvale Road to the satisfaction
of the Director of Public Works.
12. That the alignment of the intersection between Glenabbey Drive and
Prestonvale Road be revised to as close as possible to a 90 degree
intersection.
13. That 3.0 metre walkways to the park block 308 be located between Lots 91
and 92 and Block 295 and 296.
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Page 2 of ATTACHMENT NO. 1 TO REPORT PD-21-88
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-87034
14. That a 3.0 metre walkway be constructed between Lots 182 and 183 and 145
and 146 as revised in red.
15. That the necessary adjustments be made to the proposed lot frontages, in
order to maintain 15 metres frontage while incorporating the above-noted
walkways.
16. That prior to final approval, the developer's Engineer prepare a Site
Servicing Report to the satisfaction of the Director of Public Works that
address the servicing needs of this development (i.e. storm drainage,
preliminary road grades, etc.) .
17. That no Building Permits for Lots 27, 28, 29, 71, 121, 224, and 225 shall
be available until such time that temporary turning circles are
eliminated through extension of the urban road sections adjacent to same.
18. That the impact of the traffic onto Prestonvale Road generated from this
development is assessed to the satisfaction of the Director of Public
Works, and an appropriate share of the future reconstruction of
Prestonvale Road based on the above be contributed to the Town of
Newcastle.
19. That the development of these lands are phased in a manner acceptable to
the Town.
20. That the developers initiate a groundwater monitoring program recommended
by a Hydrogeologist (ie. piezometer) and approved by the Director of
Public Works which commences a minimum of one (1) year prior to the start
of any construction.
21. That sight triangles (4.5m x 4.5m) be provided at all intersecting
roads.
22. That the developer meet all the requirements of the Public Works
Department, financial and otherwise.
23. All of the other standards requirements re: Lot Grading, Schedules of
Work, Performances Guarantees, Cost Estimates, etc., shall be met by the
developer.
24. That, in accordance with the Town's Subdivision Agreement with Gatehouse
Holdings, the Town will endeavour to reimburse Gatehouse Holdings for the
oversizing of the Gatehouse Detention Pond which accepts all upstream
post development runoff. The drainage from Plan 18T-87034 lies upstream
from this facility and accordingly, their share of the costs of the
detention pond shall be reimbursed to Gatehouse Holdings. The actual
costs will be determined at a later date through negotiation of the
Subdivision Agreement.
25. That the developer meet all of the requirements of the Durham Regional
Public Works Department.
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Page 3 of ATTACHMENT NO. 1 TO REPORT PD-21-88
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-87034
26. Prior to any grading or construction on the site, the Owner shall
prepare a site drainage and soil erosion control plan, which shall be
acceptable to the Ministry of Natural Resources, C.L.O.C.A. , and the Town
of Newcastle. This Plan will show all proposed surface drainage works
and will describe the proposed means to minimize soil erosion and the
direct discharge of stormwater into Farewell Creek, both during and after
construction.
27. The draft plan shall be amended as indicated in red on the attached copy,
effectively adding the rear third of Lot 194, the northwest half of Lot
196, all of Lots 197 and 198 and the southwest half of Lot 199 to Block
309 (open space) .
28. Block 309, expanded in accordance with Condition 1 above, shall be zoned
to prohibit buildings or structures other than those required for erosion
control.
29. Prior to the commencement of site preparation, including the rough
grading of roads, the Owner shall obtain C.L.O.C.A. approval of a phased
grading and erosion control plan which indicates area grading and
provides for the on-site containment of sedimentation.
30. The Owner shall agree in the Subdivision Agreement to carry-out or cause
to be carried-out in accordance with C.L.O.C.A. approval:
a) grading, filling and sedimentation control; and
b) the storm run-off control plan for the site.
31. That Lots 194, 195 and 196 be redesigned as revised in red.
32. That no building permits be issued until access routes meet Subsection
3.2.5.2(6) of the Ontario Building Code and until watermains and hydrants
are fully serviced.
33. 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.
34. That a 20 metre right-of-way be established in the vicinity of Lot 131 as
revised in red and the necessary adjustments made to lots affected by
same.
35. That prior to the Town passing any implementing amendment to Zoning
By-law 84-63, as amended, the Town will be satisfied that an adequate
level of Fire Protection Services will be available to the lands.
36. That Block 308 (3.15 ha) be dedicated to the Town for park purposes and
that the developer be credited an over-dedication of 1.65 ha based upon a
5% dedication of 1.5 ha. Such over-dedication to be reimbursed through
an appropriate endeavour to collect agreement.