The URL can be used to link to this page

Home My WebLink AboutPD-25-84 -1 V (� 1 4 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT HAMPTON,ONTARIO LOB UO T.T.EDWARDS,M.C.I.P.,Director TEL.(416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF JANUARY 16, 1984 REPORT NO. : PD-?5-84 SUBJECT: PROPOSED SUBDIVISION AGREEMENT - VANANDEL-GUST 542985 ONTARIO LIMITED PART LOT 15, CONCESSION 3 FORMER TOWNSHIP OF DARLINGTON FILE: 18T-82034 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following : 1 • That Report PD-25-84 be received; and * 2• That the attached By-law authorizing execution of a Subdivision Agreement between the Town of Newcastle and 542985 Ontario Limited be approved; and 3• That Council provide Staff with further direction with respect to the applicant ' s requirements for satisfying the Town 's Rural Fire Protection requirements pursuant to By-law No. 81-30. . . .2 REPORT NO. : PD-25-84 Page 2 BACKGROUND: The above-noted draft plan of subdivision received draft approval on June 7, 1983 subject to the conditions set out by the Regional Municipality of Durham on May 12, 1983. Within said conditions, specifically Condition #13, the Owner is required prior to final approval of the plans, to satisfy the requirements, financially and otherwise of the Town of Newcastle. This shall include among other matters , the execution of a Subdivision Agreement between the Owner and the Town. The General Purpose and Administration Committee at their April 18, 1983 meeting, endorsed the recommendations contained within Report PD-62-83, whereas the Region of Durham was to be advised that the Town of Newcastle recommends approval of draft plan 18T-82034 dated September 19, 1982 subject to the conditions contained in Attachment No. 1 to said report as amended. Subsequently thereto , Council at their April 25, 1983 meeting approved the recommendations in Report PD-62-83 as amended. Within Attachment No. 1 to Report PO-62-83, Condition No. 2 and No. 17 stated as follows : "No. 2 That the developer enter into a subdivision agreement with the Town of Newcastle. No. 17 That the Owner agrees to satisfy the Town 's Rural Fire Protection requirements pursuant to By-law 81-30." By-law 81 -30 requires the installation of a static reservoir, minimum capacity of 100,000 litres where a development of up to seventy-five (75) units is proposed on septic tanks and private wells , or a municipal water system . . .3 i REPORT NO. : PD-25-84 Page 3 supplying domestic flows only. Accordingly, development through subdivision agreements has proceeded on this basis. ie. i ) Burketon Hills (18T-75362) - 100,000 litre reservoir to be constructed. ii ) Sucee Plan of Subdivision (18T-76063) - 100,000 litre water reservoir provided. Staff would note for Committee' s information that deviations from the "Generalized Standards" as contained within By-law 81 -30 may be accepted by the Town of Newcastle through the execution of development agreements. Such has been the case in the past where a proposed deviation from the Generalized Standards, would in the opinion of staff, not be detrimental to the well being of the Town of Newcastle. An example of such a deviation to the Generalized Standards would include the Gearing Farms Limited plan of subdivision - 18T-82030, where the installation of a new fire hydrant on an existing watermain was proposed at the corner of Nash and Tooleys Road. The Fire Department had no objections to this proposal , as the new fire hydrant would supply water for rural fire protection transported by Fire Department water trucks to the proposed subdivision in addition to being a source of water supply for the buildings within the area of Tooleys and Nash Road. The Abbott/Marchant plan of subdivision - 18T-77067 provided for a contribution to the cost of the construction and installation of a reservoir as a means of complying with the provisions of By-law 81 -30. This particular method of compliance in consideration of the provisions of By-law 81 -30 was deemed appropriate as the proposed development was located within a defined "Hamlet area" where the potential number of new lots could be determined (35) and an equal contribution to the cost of a . . .4 REPORT NO. : PD-25-84 Page 4 reservoir be calculated. COMMENTS: D.G. Biddle and Associates requested in a letter dated December 5, 1983 on behalf of 542985 Ontario Limited, that pursuant to Condition No. 17 in the Town's conditions of draft approval , that rather than constructing a reservoir, the Town accept the use of existing hydrants in the vicinity to load the Fire Department 's tanker trucks thereby providing fire protection. In this instance, the closest fire hydrant is located on Scugog Road at Mill Lane approximately 1 ,000 metres south of the proposed development. The Fire Department expressed a concern in response to this request, that although tanker trucks can refill in a quicker time span, with less man power, from a hydrant than from a water reservoir, a possibility exists whereby the availability of the tanker truck from Station #1 due to another emergency fire location , could be in jeopardy. A hypothetical example, but could occur. In the interest of fire safety and protection, the Fire Department recommended that water supply for fire protection be designed in accordance with the Town of Newcastle policy in respect of Fire Protection Standards for estate lot and rural residential development. Generalized Standards (1 ) would be acceptable to that department. A further submission was made on behalf of 542985 Ontario Limited whereby an alternative was suggested through a development charge of Three Hundred Dollars ($300.00) per . . .5 II REPORT NO. : PD-25-84 Page 5 dwelling unit totalling Six Thousand, Six Hundred Dollars ($6,600.00) to be incorporated within the context of the subdivision agreement - Schedule "D"- Development Charges for Fire Protection purposes. While Staff agree in principle with this approach, we are not in a position to recommend the figure of Three Hundred Dollars ($300.00) per lot. Recent estimates of the cost of reservoirs places the figure at around Twenty Thousand Dollars ($20,000.00) per reservoir. Distributed over a twenty-two (22) lot subdivision such as this, the cost would be about Nine Hundred and Nine Dollars ($909.00) per lot. By relieving the developer of any obligation to build a reservoir, we also relieve him of certain other costs related to construction of an access and transfers of easements. We also relieve the Town of any long term maintenance responsibilities. For this reason, it was our suggestion that an amount equal to the cost of the reservoir be paid to the Town to be held in reserve and applied against the purchase of capital equipment for fire fighting such as tank trucks. If however, other development is approved in this area, it may be possible to reduce the per lot cost through cost sharing, by paying the developer an apportioned amount recovered from other developments and applied against the cost of the reservoir or the financial contribution. This is an alternative that staff could support. However, it requires the subject applicant to front end the total construction cost or cash contribution and rely upon the Town 's ability to recover funds from other developers in the event that further development is approved in the area. . . .6 i I REPORT NO. : PD-25-84 Page 6 Furthermore, no rationale has been submitted for the suggested development charge. Correspondence with the Fire Department respecting this particular application also expresses a concern with the use of reservoirs as a mode of fire protection for specific areas. They are costly and have to be maintained by the municipality once installed. The Fire Department agrees that a more practical solution may involve the establishing of an additional development charge whereby monies can be applied to the purchase of Fire Department tanker trucks. Vehicles of this nature would be beneficial to the whole of the municipality. Staff recognizes and concurs with the concerns of the Fire Department and to that end will be meeting with Fire Department staff to review and formulate any possible changes and requirements to By-law 81 -30. However, under the present provisions of said by-law the subject applicants are required to provide for fire protection purposes, the installation of a 1 ,000 litre reservoir unless an alternate solution is approved through execution of a development agreement. Inasmuch as staff are unable to concur with the applicant 's request and the applicant does not wish to comply with the existing policy, Council direction will be required in order to finalize this agreement. A Respectf s Ub ed, TO T.T. Edwards, M.C.I.P. Director of Planning LDT*TTE*jip *Attach. Applicant : D.G. Biddle & Associates Ltd. Consulting Engineers 633 King Street East OSHAWA, Ontario I I H 1 r THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 84- being a By-law to authorize the entering into of a Subdivision Agreement with the Corporation of the Town of Newcastle and 542985 Ontario Limited. 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 , a Subdivision Agreement between 542985 Ontario Limited and the said Corporation dated the day of , 1984, in the form attached hereto as Schedule 2. THAT Schedule "X" attached hereto forms part of this by-law. BY-LAW read a first time this day of 1984 BY-LAW read a second time this day of 1984 BY-LAW read a third time and finally passed this day of 1984 G. B. RICKARII MAYOR D. W. OAKES, CLERK