HomeMy WebLinkAboutPD-75-88 DN: 75-88
TOWN OF NEWCASTLE
REPORT
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'AyRes. #
- -- ^ : ,. By-Law #
MEETING: General Purpose and Administration Committee
DATE: Tuesday, April 5, 1988
REPORT #: PD-75-88 FILE #: 18T-81008
SUBJECT: APPLICATION FOR REVISED PLAN OF SUBDIVISION APPROVAL
481857 ONTARIO LIMITED
PART LOT 29, CONCESSION 2, NEWCASTLE VILLAGE
FILE: 18T-81008
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-75-88 be received; and
2. THAT the Region of Durham be advised that the Town of Newcastle recommends
denial of the revised draft plan of Subdivision 18T-81008 dated as revised
January 26, 1987; and
3. THAT the Ministry of Transportation be requested to meet with Planning and
Public Works Staff to review the future reconstruction, of Highway No. 2,
between Mill Street and Ruddell Road in the Newcastle Village Small Urban
Area; and
4. THAT a copy of Report PD-75-88 be forwarded to the Region of Durham.
BACKGROUND:
On January 30, 1987, the Town of Newcastle received an application for approval of
a revised Plan of Subdivision, submitted by Barcham and Anschuetz Limited on behalf
of Danarus Management Limited. The revised application proposes to create twenty-
five (25) residential lots and five (5) blocks, including a temporary access and
parkette. The proposal is for a 2.31 hectare parcel of land in Part Lot 29,
Concession 2, former Newcastle Village.
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REPORT N0. : PD-75-88 PAGE 2
_______________________________________________________________________
An application by DauacOo Management Ltd. for Plan of Subdivision I8T-81008 was
initially received in February, I981. In April of that same year the applicant
submitted a revised BIao reducing the density and altering the proposed road
pattern. Although, Staff had concerns with the proposed temporary aoneaa to
the site, the application was recommended for approval. On March 29, I982,
OoouoiI passed a resolution approving said Plan.
In December of 1986v the Town received notice from the Regional Planning Staff
that the above-noted draft approval was to lapse and that consideration was
being given to the granting of extension to draft approval. At this time,
Staff had cmuoecua that no interest had been expressed in the possibility of
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developing ad 'momut land. This was considered significant in terms of the
temporary access. However, recommendation for a one (l) year extension of
draft approval was made. Council on January 13, 1986, approved extension of
Draft Approval for a one (l) year period. When Regional Staff sent notice in
January of 1987, that draft approval was lapsing and nuoe again, consideration
of extension was being given, Town Staff did not support a second extension of
draft approval as no action had been taken to finalize the proposed plan and no
new development proposals for adjacent lands had been received. Council, at
its meeting of January 26, 1987 approved a six (6) month extension to the draft
approval.
/
In July of 1987, the Region once again provided notice of the lapsing and the
proposed extension to draft approval. Staff again, were not in support of
extending draft approval of 18T-81008. On September 28' 1987, following
Staff's recommendations, Council denied extension to draft approval. However,
on November 10, 1987, Regional Council Doaaed a resolution supporting extension
of draft approval for an additional year.
Staff further notes a Report (PD-302-87) oounecuiog the status of the subject
subdivision was presented to Committee and Council in December, and was
received for information purposes only. (see attached)
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DEPORT 00. : DD-75-88 PAGE 3
_______________________________________________________________________________
cu»mMumzu:
In accordance with departmental procedures, the application has been circulated
to obtain comments from other departments. The following is n aunonocy of
comments from both the Town and Region's circulation of the revised draft plan
of subdivision.
Town of Newcastle Fire Department
Staff of the Fire Department noted no objection to the proposal, however a
list of criteria to be considered in the design and construction of the subject
lands was included for conditions of approval.
Town of Newcastle Public Works Department
.
Staff of the Works Department noted several concerns with the proposed plan and
stated it was unacceptable as submitted. The concerns identified included:
location of the temporary access and traffic related problems at the
intersection of Old Diogotuu Road and Highway 0V. 3; the temporary road does
not conform to Town design criteria; and the Iaob of emergency access.
Town of Newcastle Community Services
Community Services Staff had no objection to the proposed Plan, however, they
noted o 5% cash-in-lieu of parkland dedication would be requested. Staff
explained the designated park block in this development is not required and
Staff intends to secure valley laud associated with Foster Creek.
Ministry of Transportation
'
In reviewing the revised Plan, Ministry Staff initially provided comments in
which they identified definite nwooecuu with the location of the temporary
access as shown on the draft plan. They noted that the Ministry has had
DcnbIemo with temporary access points, becoming permanent entrances when no
other means of access exists. They further advised that an access at this
location would result in congestion at the intersection of Old Kingston Road
and Highway No. 2 and this would impact the flow of traffic along Highway No.
2.
In subsequent correspondence from this Ministry, however, they noted that they
are not satisfied with the location of the proposed street entering Old
Kingston Road, but note they are reconstructing Highway No. 2 (tentatively
scheduled for 1988-1989) and can accommodate the proposed road in their design.
B8A0BT 00. : PD-75-88 PAGE 4
_______________________________________________________________________________
STAFF COMMENTS:
The subject lands are designated "Residential" by the Town of Newcastle
official Plan (Newcastle Village Small Urban Area) and zoned "Holding - Urban
Residential Type Two ( (B)R3)v and '/Uzbou Residential Type One (K)". The
Official Plan permits Imv/ and Medium Density development in "Residential" areas
op to a maximum of 14 units per net residential hectare. Although this density
is intended to be applied over a larger area such as a neighbourhood, Z note
that no portion of the area north of Highway 0o. 2 west of Foster Creek is
developed. As well, there are no active subdivision applications on the
surrounding lands. Therefore, it is necessary to determine the density for the
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subject application in isolation of aozc000diug lands.
The proposal indicates there would he 25 mlugIe family dwellings utilizing
1.17ba area of the site. This calculates to o density of 21.3 units per net
residential hectare. This is approximately 53% over the maximum density
permitted by the Official Plan.
Staff note that the creation of a temporary access directly into an
intersection is not in keeping with the intent of the Official Plan. The
Official PImu policies only permit arterial and collector roads to intersect
with arterial roads, which Highway 0b. 2 is designated. The exception to this
�
policy, is where it is deemed by the Authority having jurisdiction; that this
is not practical. Although Ministry of Transportation Staff noted they can
accommodate the proposed road in their design reconstruction of Bigbva}! 0o. 2,
they are not satisfied with the location of the proposed access. Staff are
concerned by this comment and are recommending that designs for the
reconstruction of Highway 0o. 2, in this vicinity, be reviewed with Planning
Staff prior to implementation in order to avoid a future problem relative to
official Plan conformity and possible entrenching of an access to Highway 0V. 2
which Staff do not support and which abnuId be eliminated as opposed to
accommodated.
REPORT 00. : PD-75-88 P&gB 5
_
______ ___________ _
Planning Staff also have concerns regarding the "temporary oroeos^ ivaomoob as
there are no active plans of subdivision for the surrounding lands, and there
have been no applications submitted since the original proposal in 198I.
Therefore, there is no method of determining how "temporary" the anteao would
be.
In view of the c000ecua identified by the Public Works Department, the apparent
dissatisfaction of Ministry Staff with the proposed access, Community Services
comments on the pack block and the non-conformity to Official Plan policies,
Staff are not in a position to support the Revised Plan of Subdivision
18T-8I008, as submitted.
�
Respectfully submitted, Recommended for presentation
to the Committee
/
-T_�----- -�3------------ - ---------------
L.D. lawrence otseff
Deputy Director of Planning Chief Ad idi tcative Officer
CP*LDT* 'ip
*Attach.
March lS, 1988
APPLICANT: Daoacoo Management Ltd.
'
c/o 481857 Ontario Limited
11I0 Sheppard Avenue East
Suite 307
YVZLLUWDALE, Ontario
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DRAFT PLAN OF SUBDIVISION
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TOWN OF NEWCASTLE
REGIONAL MUNICIPALITY OF DURHAM
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'- REPORT File #
Res. #
— -- �. By-law #
hFFTING: General Purpose and Administration Committee
DATE: Monday, December 7,. 1987
WTORT• #: PD-302-87 FILE #: 18T-81008
SUBJECT: EXTENSION OF DRAFT APPROVAL
DANARUS MANAGEMENT GROUP
PART LOT 29, CONCESSION 2, NEWCASTLE VILLAGE
FILE: 18T-81008
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-302--87 be received for information.
BACKGROUND AND COMMENT:
As Committee may recall, Staff Report PD-221-87 in respect to the extension of
draft approval for Plan of Subdivision 18T-81008, was considered by Committee and
Council at their respective meetings of September 21; 1987 and September 28, 1987.
Staff would acknowledge that, to that end, the following resolution was endorsed:
"THAT Report PD-221-87 be received; and
THAT the Region of Durham be advised that the Town of Newcastle does not
support the extension of draft approval for Plan of Subdivision 18T-81008."
Regional Planning Staff, in consideration. of the applicant's request for a draft
extension provided Report No. 87-204 for the consideration of Regional Planning
Committee at their regular scheduled meeting of November 10, 1987. It is noted for
the Committee's information that the recommendation contained within Report 87-204
noted as follows:
. . .2
REPORT NO.: PD-302-87
PAGE 2
"1. THAT Staff be directed to extend draft approval of subdivision
18T-81008 and to amend the conditions of draft approval by.adding .a
condition requiring the Owner to carry out any necessary road
improvements to the intersection of Old Kingston Road and Highway No.
2 to the satisfaction of the Town of Newcastle and the Ministry of
Transportation; and
2. THAT the Owner, the Town of Newcastle and the Ministry of
Transportation be advised of Council's decision."
In consideration of the above-noted recommendation, Regional Council, at their
subsequent meeting of November 17, 1987 endorsed the above recommendation.
As contained within previous Reports and requests for extensions of draft
approval, Staff has expressed a concern pertaining to the temporary access onto
King Street for the Plan of Subdivision. This concern was due to the fact that
there had been no applications made regarding the development of any adjacent
lands surrounding the subject property. Staff would note that the Region, in
commenting on the request for draft extension, indicated that recent discussions
with Ministry Staff confirm that as the proposed development was relatively
small, the traffic generated could be accommodated if improvements were made to
the intersection of Old Kingston Road with Highway No. 2. This position would
seem to differ with that provided by Ministry Staff in Staff's consideration for
draft extension. Ministry Staff indicated that:
"This Ministry has definite concerns with the location of the Temporary
Access as shown on the draft plan. It is our understanding that the
draft plan to the west of the subject lands under File: 18T-75493 is
no longer active. In the past, this Ministry has had problems with
Temporary Access points becoming permanent entrances where no other
means of access exist. On this basis we advise that an access to this
location would result in congestion at the intersection of Old
Kingston Road with Highway No. 2 and impact the flow of traffic along
Highway No. 2. Should an alternative access to these lands be
provided, we would be in a position to offer further comment."
It is Staff's position that the necessary road improvements to the intersection
of Old Kingston Road and Highway No. 2 would include the closure of Old Kingston
road abutting Highway No. 2 and provision of a cul-de-sac thereby restricting
vehicular traffic onto Highway No. 2. Any traffic generated from the
. . .3
AV
REPORT NO. :' PD-30247 PAGE 3 .
subdivision would, accordingly, travel westerly along Old Kingston Road to
Rudell Road and southerly to Highway No. 2. At such time that the Plan of
Subdivision is developed in conjunction with adjacent lands, the Temporary
Access would be deleted and the lots presently fronting Old Kingston Road would
be serviced by means of a cul-de-sac.
Notwithstanding the above-noted comments, Staff would advise, that should
Committee and Council not concur with the Region of Durham's extension to draft
approval, since approval was granted under the old Planning Act, an application
pursuant to the provisions of Section 55(3) of the Planning Act, 1980 could be
made thereby referring the draft plan of subdivision to the Ontario Municipal
Board.
As noted previously, it is Staff's position, unless advised to the contrary that
the necessary road improvements to the intersection of Old Kingston Road and
Highway No. 2 would proceed as described in the above-noted comments.
Respectfully submitted, Recommended for presentation
to the Committee
T.T. Edwards, M.C.I.P. Lawrence E. Kotseff
Director of Planning Chief Administrative Officer
LDT*TTE*jip
*Attach.
November 24, 1987
CC: Mr. Sam Cureatz
Humphreys, Hillman & Cureatz
P.O. Box 186
36 1/2 King Street East
' OSHAWA, Ontario
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