HomeMy WebLinkAboutPD-44-88 DN: 44-88
TOWN OF NEWCASTLE -�
1
t REPORT File #
Res.
By-Law #
MEETING: General Purpose and Administration Committee
DATE: Monday, February 15, 1988
REPORT #: PD-44-88 FILE #: 18T-85013
SUBECT: APPLICATION FOR APPROVAL OF PLAN OF SUBDIVISION
APPLICANT: ABEK REAL ESTATE CORPORATION
PART LOT 27, CONCESSION 2, FORMER TWP. OF CLARKE
FILE: 18T-85013
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-44-88 be received; and
2. THAT the Region of Durham be advised that the Town of Newcastle recommends
approval of the proposed revisions to draft Plan of Subdivision 18T-85013
dated September, 1987 as revised in red, subject to the conditions contained
in Attachment No. 1 to this Report; and
3. THAT the Region of Durham be advised that the Town of Newcastle recommends
approval of the proposed revisions to draft plan of subdivision 18T-86021
dated March 19, 1986 as revised in red and included herewith as Attachment
No. 3; and
4. THAT a copy of Staff Report PD-44-88 be forwarded to the Region of Durham;
and
5. THAT the attached by-law authorizing execution of a Subdivision Agreement
between Abek Real Estate Corporation and the Corporation of the Town of
Newcastle be approved; and
6. THAT the Mayor and Clerk be authorized to execute the Subdivision Agreement
between Abek Real Estate Corporation 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 0O. : PD-44-88 PAGE 2
_______________________________________________________________________________
7. THAT in consideration of the comments provided by the Fire Chief and
the provisions of Section 50(4) (i) of the Planning Act, further
consideration be given to the Town's fire protection services during
the 1988 Budget considerations.
BACKGROUND:
On June 12, 1985, the Town of Newcastle was advised by the Region of Durham
Planning Department of an application submitted by BowmauviIIe (omatcocti*u
'
Limited for approval of draft BIau of subdivision located in Part of Lot 27'
Concession 3' Newcastle Village (see attached hey map) . The draft plan covers
6.093 hectares and proposed the creation of forty-one (4I) single family lots
and two (2) open space blocks.
On July 15, 1985, the General Purpose and Administration Committee received
Report 0o. PD-105-85 recommending approval of the proposed plan as revised.
Council gave support to approval of the plan on July 22, 1985 and Regional
Council finally gave draft approval on June 25, 1987.
On October 8' 1987, the Town of Newcastle was advised by the Region of Durham
(
Planning Department of an application for approval of a revised plan of
subdivision for the above-noted lands. The revised plan proposed to increase
the uonbec of single family Iota to fifty-five (55) while maintaining the two
(%) open space blocks.
The subject property is designated "Residential" in both the Durham Regional
Official Plan and the Newcastle Village Small Urban Area official Plan, and is
zoned "Urban Residential Type Two (83)" by the Newcastle Comprehensive Xnoiug
By-law 84-53^ as amended. The Newcastle Village official Plan also indicates
the presence of "Hazard Lands" on the subject site relating to an intermittent
watercourse. These laude are noted as "Environmental Protection (EP)" in
By-law 84-63.
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REPORT ND. : DD-44-88 PAGE 3
_______________________________________________________________________________
Staff note a Plan of Subdivision was previously submitted on the subject lands
in January, 1978' with a revised plan being submitted in March, 1979
(18T-77133) . The General Purpose and Administration Committee reviewed this
application at its meeting of October 3, 1983 tbcomJb consideration of Staff
Report 2D-137-83. The report recommended several revisions to the proposed
plan but also stated that Staff had no objection to Plan 18T-77133 as revised.
Committee approved this recommendation which was subsequently endorsed by
Council on October 10, 1983.
As a result of the revisions adopted by the Town, the Ministry of Municipal
�
Affairs and Housing decided to recirculate the plan. However, in April of
1985, the Ministry opted to close the file and advised the applicant to
resubmit. Accordingly, the revised plan as previously adopted by ComooiI" was
resubmitted for approval under file number 18T-85013, and as noted above, this
was given draft approval on June 35, 1987.
In accordance with departmental procedures, the revised application has been
circulated to obtain comments from other departments and agencies. Staff note
the majority of agencies indicated their previous comments were still
applicable to the revised plan. On January 20, 1988 the Plan was again revised
in order to accommodate setback requirements from the railway tracks. The
/
revision was minor in nature and therefore did not warrant a re-circulation.
Staff would note the following agencies/departments, in providing comments,
offered no objections to the application as submitted:
- Newcastle Hydro Electric Commission
- Newcastle Building Department
- Newcastle Community Services Department
The following agencies provided some comment in response to the circulation of
the revised draft plan:
Durham Regional Public Works Department
"Regional Works staff note 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."
B8g0IyT 0O. : PD-44-88 PAGE 4
_______________________________________________________________________________
Canadian Pacific Railway
"Canadian Pacific Staff, npnu reviewing the Plan, determined they will not be
objecting to the proposal, providing various conditions are imposed on the
development. These include the installation of appropriate noise attenuation
measures along the nonvnou property line of the railway and the development as
needed; a minimum 30.Om setback from the property line for all dwellings;
clauses registered on title regarding noise, vibration, and air quality; and
maoocauoea regarding drainage and possible utility easements."
ministry f Natural Resources
"This Ministry's Staff also had no objection to the proposal provided various
conditions be included prior to granting of draft approval. These include
�
provisions in the Town's Zoning By-law prohibiting buildings and structures in
8lonha 55 and 56; that prior to any grading or oouatcootiou taking place,
sediment traps shall be placed downstream of the road crossing."
Ministry of the Environment
ny0iuiotcy Staff also recommended draft approval of said proposal conditional
upon: preparation of a Noise Study recommending noise control features
satisfactory to Ministry Staff; that noise control features recommended by the
Acoustical Report and approved by Ministry Staff be implemented; that the
Ministry be notified by copy of fully executed Subdivision Agreement that noise
control features are implemented; and that a Warning Clause be included on the
affected lots in the event a slight noise level ezoeaa remains. Ministry Staff
also noted deficiencies in the original Noise Impact Analysis Report which
should be corrected when o Noise Study is submitted for final approval."
(
Ganaraska Conservation hn i
"Staff of the Conservation Authority have reviewed the proposed plan and have
provided no objection in principle. Authority Staff had 0000ecua regarding
proposed Blocks 56 and 57 and the effects the Andrew Street extension, across
the floodDIaiu, may have on upstream Regional Storm levels. Authority Staff
have noted the Authority has implemented Fill, Construction, and Alteration to
Waterways Regulations which affect portions of the subject site. Accordingly,
conditions have been requested prior to final approval to the Plan. These
include: final grade plans for Blocks 56 and 57 (if proposed) ; a grade Dlmu
for the Andrew Street extension and an analysis of the Regional Storm Flood
Extension; and a lot grading, lot drainage and structure location plans for all
lots adjacent to the Open Space blocks."
REPORT NO. : PD-44-88 PAGE 5
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Newcastle Community Services Department
"As noted previously, the Community Services Staff have no objection to the
Plan. However, five percent (50) cash-in-lieu of parkland will be required in
addition to the dedication of Blocks 55 and 56 for Open Space purposes. A late
revision to the plan proposes to increase the area of Block 56 by adding the
rear half of Lots 18 and 19."
Newcastle Public Works Department
"Works Staff had no objection to the proposal in principle, however, after
reviewing the conceptual site-servicing report, Staff find that directing storm
drainage, westerly on George Street, is the preferred alternative. However,
the following objectives must be satisfied:
1. To limit and control the impact of the "Major Storm" on the abutting
properties and downstream properties.
2. To address the erosion and flooding potential of the creek downstream of
the proposed storm sewer outfall.
3. To ensure that the proposed lots are not prone to flooding.
Public Works Staff further requested that the above-noted concerns be reviewed,
assessed and recommendations provided to minimize erosion and/or flooding as a
result of this development. Due to the above comments, Works Staff are not in
a position to approve implementation of this site servicing report as it
relates to the Town."
Town of Newcastle Fire Department
"This Department would note an objection to the above-headed plan. It is of
concern to us, how this part-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. However, should the Plan be approved, Staff will require
sections of the Ontario Building Code to be stringently adhered to."
COMMENTS:
Staff note that while the Report was being written, further revisions were
requested by the applicant. These included: the addition of a lot on Andrew
Court to compensate for the loss of a lot on Willow Court; the creation of an
extra Open Space Block, by reduciang the length of Lots 18 and 19 to 43 metres
. . .6
L�60
REPORT WO. : DD-44-88 PAGE 6
_______________________________________________________________________________
from the previously illustrated; incorporating Blocks 19 and 20 and Lots l and
2 from Plan IOT-86021 to the subject plan (the applicant owns both laud
holdings) ; and redesign proposed Lots 5, 6 and 7 on the subject plan and Lot I
of Plan 18T-86021 to provide four (4) lots with approximately 15 metres each.
Staff in reviewing these proposed revisions do not support the additional Open
Space Block, as it provides no benefit to the Town. The other proposed
revisions all appear workable and in conformity with By-law 84-63.
(
Staff's review of the concerns expressed by the various departments/agencies
indicates that conditions of draft approval and a Subdivision Agreement abuuId
be able to address most of the issues. Staff agree with both Canadian Pacific
Railway and Ministry of the Environment's recommendations on noise and will
require that, as a condition of approval, an update to the Noise Study,
incorporating the ueoe000cy revisions, be prepared.
Community Services Staff's recommendation for five percent (5%) cash-in-lieu of
parkland dedication will also be incorporated as the ODou Space 8loobo provide
m 000coe for the intermittent stream and are not acceptable as parkland.
(
Public Works ooucecua regarding storm drainage of the proposed site are
important and the objectives which must be satisfied are crucial to the proper
development of both this subdivision and 18T-86021. Staff are of the
impression that these concerns must be addressed prior to final approval being
given.
Fire Department's objection to the subject plan is of particular oouomru to
Planning Staff, and in our opinion, they warrant specific attention by Council.
Section 50(4) of the Planning Act cagoizeo Council to have regard for a number
of matters when considering a draft plan of subdivision. In particular, it
cmguicea Council to have regard to the "health, safety, convenience and welfare
of present and future inhabitants of the local municipality."
REPORT 0O. : PD-44-88 PAGE 7
_______________________________________________________________________________
In addition, Subsection (i) specifically references the adequacy of utilities
and municipal services. In view of the owucozuo about fire protection
aecvloeov we would not normally be in a position to recommend approval of the
application given potential demands on fire protection services. However, in
view of prior approvals granted by Council, and the fact this application is
for approval of a revision to a draft approved plan of subdivision, we
recommend approval contingent upon Council reviewing further the implications
to fire protection services.
Dgoo reviewing all the requested revisions oodv in consideration of the
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foregoing comments, Planning Staff would have no objections to the approval of
Plan of Subdivision I8T-85013" as red-lined 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
to the Committee
=-~-----------=------------ T�,----�-- ----------------
T.T. Edwards, M.C.I.P. Lawrence Kntoeff
Director of Planning Chief Ad m'mdatcative officer
CP*TT8*jip
*Attach.
February 8, I988
APPLICANT: &bek Real Estate Corporation
c/o John V. 0uooimta
2 Carlton Street
Suite gOl
TORONTO, Ontario
M58 lJ3
G.M. Secuao 6 Associates Ltd.
185 Brock Street North
Suite 207
WHITBY, Ontario
Ll0 483 -
ATTACHMENT NO. 1 TO REPORT PD-44-88
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-85013
1. That this approval shall apply to a revised draft Plan of Subdivision
18T-85013 prepared by G.M. Sernas and Associates Ltd., Consulting
Engineers identified as their File Number 87124, dated September, 1987,
which is revised in red as per the attached Plan showing Fifty-four (54)
lots for single family dwellings and two (2) Blocks for Open Space.
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 19, 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 the road allowances and road widenings included in this draft plan
shall be dedicated as public highways.
6. That Blocks 56, 57, 58, 59, 60 and 61, as red-line revised, shall be
dedicated gratuitously to the Town of Newcastle.
7. That the Owner agrees to pay to the Town of Newcastle, the cash value of
the five percent (5%) dedication in lieu of parkland.
8. That prior to final approval, the applicant shall submit for the review
and approval of the Town of Newcastle and the Ganaraska Region
Conservation Authority, a stormwater management plan for the site, which
shall outline the means by which the storm water will be conducted from
the site; and shall provide details on lot grading, site drainage and
vegetation removal.
9. That such easements as may be required for utilities, drainage and
servicing purposes shall be granted to the appropriate authority.
10. That the uses shown on the approved draft plan shall be zoned in an
appropriate zoning by-law passed by the Council of the Town of Newcastle
in effect in accordance with the Planning Act.
11. That the zoning by-law referred to in Condition 10 shall contain the
appropriate provision(s) to restrict any building or structure other than
those necessary for flood and erosion control, on Blocks 56 and 57.
12. Prior to final approval, the Owner shall engage the services of a
Consultant to update the Noise Study recommending noise control measures
satisfactory to the Ministry of the Environment and the Town of Newcastle.
During the preparation of the Noise Study, the consultant shall consult
with the Ganaraska Region Conservation Authority regarding the location of
any noise attenuation structures within the fill lines of the intermittent
watercourse.
. . .2
Page 2 of ATTACHMENT NO. 1 TO REPORT PD-44-88
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-85013
13. All dwellings shall be setback a minimum distance of 30.0 metres from
common property line between Canadian Pacific Railway and the
development and that this setback requirement be registered on title of
the affected lots and the necessary amendment to the Town's Zoning
By-law initiated by the applicant.
14. Prior to any grading or construction on the site, the Owner shall place
a sediment trap, such as a straw bale barrier or other suitable device,
in Block 57 across the flow of the creek, downstream of the road
crossing.
15. Prior to final approval, the Ministry of the Environment shall be
notified by a copy of the full executed subdivider's agreement between
the developer and the Municipality, that the noise control measures,
recommended by the Acoustical Report and any features recommended by the
Ministry shall be implemented as approved, by requirements of
subdivider's agreement.
16. In the event that a slight .level excess will remain despite the
implementation of the noise control measures, the following warning
clause shall be included in a registered portion of the subdivider's
agreement and shown in all Offers of Sale and Purchase:
"Purchasers are advised that despite the inclusion of noise control
features within the development area and within some of the individual
building units, noise levels may continue to be of concern occasionally
interfering with some activities of the dwelling occupants. The
purchaser shall acknowledge that Canadian Pacific Rail will not accept
responsibility, for any impairment to the enjoyment of land arising from
noise, vibrations, airborne emissions, etc. , generated by present and/or
future Canadian Pacific Rail operations."
17. The owner agrees not to increase or change the natural drainage
affecting Canadian Pacific Rail property without first obtaining written
approval from the Railway.
18. The Owner agrees to erect and maintain, at his own expense, a 1.8 metre
high chain link fence along the common property line of the railway and
all lots and blocks within the development. Fencing shall not be
required where sound barier fencing of a minimum height of 1.8 metres is
required by the Acoustical Report referred to in Condition 12, provided
such fencing forms an uninterrupted and continuous barrier. The Owner
further agrees not to erect chain link fencing along the common boundary
of Block 56 and the Canadian Pacific Rail right-of-way without first
obtaining written approval of the Ganaraska Region Conservation
Authority for the fencing's design and positioning.
19. That Plan of Subdivision 18T-86021 be revised as outlined in red on
Attachment No. 3.
ATTACHMENT No.. .2
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DN: B/L
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 88-
being a By-law to authorize the entering into of an Agreement with Abek Real
Estate Corporation 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 Abek Real Estate Corporation and the :said Corporation
dated the day of , 1988, in the form attached hereto as
Schedule
2. THAT the Mayor and Clerk are hereby authorized to accept, on behalf of
the Town, the said conveyances of lands required pursuant to the aforesaid
Agreement.
3. THAT Schedule "X" attached hereto forms part of this By-law.
BY-LAW read a first time this day of 1988
BY-LAW read a second time this day of 1988
BY-LAW read a third time and finally passed this day of
1988.
MAYOR
CLERK
hvislor)
Page 2 of ATTACHMENT NO. 1 TO REPORT PD-44-88
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-85013
13. All dwellings shall be setback a minimum distance of 30.0 metres from
common property line between Canadian Pacific Railway and the
development and that this setback requirement be registered on title of
the affected lots and the necessary amendment to the Town's Zoning
By-law initiated by the applicant.
14. Prior to any grading or construction on the site, the Owner shall place
a sediment trap, such as a straw bale barrier or other suitable device,
in Block 57 across the flow of the creek, downstream of the road
crossing.
15. Prior to final approval, the Ministry of the Environment shall be
notified by a copy of the full executed subdivider's agreement between
the developer and the Municipality, that the noise control measures,
recommended by the Acoustical Report and any features recommended by the
Ministry shall be implemented as approved, by requirements of
subdivider's agreement.
16. In the event that a slight level excess will remain despite the
implementation of the noise control measures, the following warning
clause shall be included in a registered portion of the subdivider's
agreement and shown in all Offers of Sale and Purchase for the
affected lots described in Condition No. 15:
"Purchasers are advised that despite the inclusion of noise control
features within the development area and within some of the individual
building units, noise levels may continue to be of concern occasionally
interfering with some activities of the dwelling occupants. The
purchaser shall acknowledge that Canadian Pacific Rail will not accept
responsibility for any impairment to the enjoyment of land arising from
noise, vibrations, airborne emissions, etc., generated by present and/or
future Canadian Pacific Rail operations."
17. The owner agrees not to increase or change the natural drainage
affecting Canadian Pacific Rail property without first obtaining written
approval from the Railway.
18. The Owner agrees to erect and maintain, at his own expense, a 1.8 metre
high chain link fence along the common property line of the railway and
all lots and blocks within the development. Fencing shall not be
required where sound barier fencing of a minimum height of 1.8 metres is
required by the Acoustical Report referred to in Condition 12, provided
such fencing forms an uninterrupted and continuous barrier. The Owner
further agrees not to erect chain link fencing along the common boundary
of Block 56 and the Canadian Pacific Rail right-of-way without first
obtaining written approval of the Ganaraska Region Conservation
Authority for the fencing's design and positioning.
19. That Plan of Subdivision 18T-86021 be revised as outlined in red on
Attachment No. 3.