HomeMy WebLinkAboutPD-170-84 111
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CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director
HAMPTON,ONTARIO LOB UO TEL.(416)263-2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF NOVEMBER 5, 1984
REPORT NO. : PD-170-84
SUBJECT: PROPOSED PLAN OF SUBDIVISION - 18T-84021
APPLICATION FOR REZONING - DEV 84-26
BEING PART OF LOT 15, CONCESSION 3, FORMER
TOWNSHIP OF DARLINGTON
542985 ONTARIO LIMITED
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following :
1 . That Report PD-170-84 be received; and
2. That the Region of Durham be advised that the
Town of Newcastle recommends approval of Plan
of Subdivision 18T-84021 dated November 21 ,
1983, subject to the conditions contained in
* Attachment No. 1 to this Report; and
3. That application for rezoning in respect of
Part of Lot 15, Concession 3, former Township
of Darlington be approved, and that the
* attached By-law to amend By-law 84-63 be
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forwarded to Council for approval ; and
4. That a copy of Staff Report PD-170-84 be
forwarded to the Region of Durham.
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REPORT NO. : PD-170-84 Page 2
BACKGROUND AND COMMENTS:
Amendment No. 116 to the Official Plan for the Regional
Municipality of Durham Planning area was approved by the
Ministry of Municipal Affairs and Housing on July 25, 1984.
The purpose of said amendment to the Durham Official Plan
was to permit the development of a maximum of four (4)
Estate Residential lots. Staff would note for Committee' s
information that the four (4) Estate Residential lots will
be developed in conjunction with the approved Plan of
Subdivision 18T-82034 to the immediate south.
Subsequent to and in consideration of the requested Official
Plan Amendment as stated above, on July 20, 1984 the
Newcastle Planning Department received notice, through the
Region of Durham Planning Department, of an application for
subdivision approval for a five (5) lot estate development.
Staff would note that only four (4) new residential estate
lots were proposed, and that the five (5) lot was the result
of a realignment of Lot 22 within the Plan of Subdivision
18T-82031 to the south. In addition to the above, a
rezoning application was filed with the Town on July 11 ,
1984.
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SUMMARY OF CIRCULATION COMMENTS
In accordance with departmental procedures, the subject
application was circulated to all concerned departments
within the Town to obtain their comments. The comments
received are summarized below as are the comments which the
Region of Durham received during their circulation.
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REPORT NO. : PD-170-84 Page 3
Town of Newcastle Public Works Department
"As requested, we have reviewed the above-noted applications
for rezoning and Plan of Subdivision and find we have no
objection to this proposal subject to the following
comments:
- That the owner dedicate, to the Town , a 1 .0m road
widening and a 0.3m reserve on Old Scugog Road;
- That the owner enter into a Development Agreement with
the Town, and that this department be kept informed of
the status of same at all times ;
- That all works are completed in accordance with the Town
of Newcastle' s Design Criteria and Standard Drawings ;
- That any easements required by the Town be granted free
and clear of any encumbrances ;
- All of the other standard requirements re: Lot Grading,
Schedules of Work, Performance Guarantees, Cost
Estimates, etc., should be included in the Subdivision
Agreement;
- The developer should be required to provide street
illumination to Town standards on all roadways including
Scugog Road;
- That the developer contributes 50% of the costs of
reconstructing Scugog Road for the frontage width of the
subject property (+/- 100 metres) ;
- That the owner meet all the requirements of the Public
Works Department, financial or otherwise."
Town of Newcastle Community Services
" In response to your memorandum of July 26, 1984 regarding
the subject in question. Recommend five percent (5%)
cash-in- lieu of Parkland.
For your information."
Town of Newcastle Fire Department
"This Department has no objection to the above-headed
application. Emergency fire protection is supplied from
Fire Station #1 with water supplied by Fire Department
tanker truck. I would suggest that consideration be give to
Fire Protection Requirements for Rural Development, re P.D.
Report 40-84".
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REPORT NO. : PD-170-84 Page 4
Region of Durham Planning Department
"Further to your request for comments, we note that Regional
Council on June 20, 1984, adopted Amendment #116 to the
Durham Regional Official Plan to permit the development of 4
new estate residential lots on the subject site. The
subject rezoning application conforms to proposed Amendment
#116.
With respect to the Region's requirements for the proposed
development, it is anticipated that the applicant will enter
into an appropriate agreement with the Region in conjunction
with the related plan of subdivision 18T-84021 ".
Region of Durham Works Department
"The Regional Municipality of Durham Works Department has
reviewed the above noted proposed plan of subdivision and
has no objection to same.
Municipal water and sanitary sewer services are not
available to service the subject land and the Regional Works
Department has no plans within the capital budget to
introduce said services into this particular area of the
Town of Newcastle. Therefore, the subject development will
have to proceed on the basis of private services.
The following Regional Municipality of Durham Works
Department conditions shall be complied with prior to
consent by the Works Department for registration of the plan
of subdivision and said conditions shall form part of the
Subdivision Agreement :
a) That the subdivider pay for those service charges and/or
development charge levies which are in effect at the
time of registration of any portion of this plan. Said
service charges shall pertain to those services which
are the responsibility of the Regional Municipality of
Durham.
b) That the proposed final plan of subdivision be submitted
to, and approved by the Regional Works Department prior
to the preparation of the Subdivision Agreement".
Region of Durham Health Unit
"The above application for rezoning has been investigated by
this Health Unit, and insofar as health matters are
concerned, there are no objections to its approval .
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REPORT NO. : PD-170-84 Page 5
Region of Durham Health Unit (Cont'd)
I would, however, stress that this letter is not to be taken
as a permit to install a private sewage disposal system at
the site involved. The required permit will be issued only
after a proper inspection of the land area involved has been
made and said inspection will be carried out upon receipt of
a formal application."
"This subdivision is approved in general principle for the
installation of private sewage disposal systems and drilled
wells."
Central Lake Ontario Conservation Authority - August 7, 1984
"The Authority staff have the following comments to make.
The west portion of the above site extends into the
Bowmanville Creek Valley system. This valley system is
classed as highly sensitive due to erosion potential , forest
cover, wildlife habitat and the creek serving a sport
fishery function. A small portion of the west section is
also subject to flooding during Regional Storm conditions.
For the above reasons, the Authority staff request that the
western portion of the subject site be zoned for open space
use that prohibits buildings and structures other than those
needed for flood or erosion control . The portion zoned for
open space should have an east limit that runs from a point
23.6 metres east of the west limit on Lot 22's north
boundary to a point 33.5 metres east of the west limit on
the north boundary of the above site.
This open space block may be later requested to be dedicated
to the appropriate public agency as part of a park system
through the subdivision approval process".
September 19, 1984
"The Authority staff has previously reviewed this site as a
Rezoning Application No. DEV 84-26, an O.P.A. ##84-6 and as a
Land Division Severance No. LD 204/83.
The Authority staff has a concern with the west portion of
the above site which extends into the Bowmanville Creek
valley system. This valley system is classed as highly
sensitive due to erosion potential , forest cover, wildlife
habitat and the creek serving a sport fishery function. A
small portion of the west section is also subject to
flooding during Regional Storm conditions.
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REPORT NO. : PD-170-84 Page 6
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September 19, 1984 (Cont' d)
For the above reasons , the Authority staff request that a
block be created on the west portion of the site and be
zoned for open space use that prohibits buildings or
structures other than those needed for flood or erosion .
control . The east limit of the open space block should be a
line that runs from the southwest corner of Lot 22, Plan
1OM-755, now part Lot 1 to a point 23.6 metres east of the
west limit on Lot 22's north boundary and from here to a
point 33.5 metres east of the west limit on the north
boundary of the subject site. This open space block should
be dedicated, if possible, to the appropriate public agency
as part of a park system.
Should 18T-84021 receive draft approval , the following
conditions should be applied on our behalf:
1 . The west block defined above shall be zoned open space
to prohibit buildings or structures except those
necessary for flood or erosion control .
2. No grading, filling, construction, alteration to a
watercourse or alteration to vegetation shall occur on
the site without the written permission of the Central
Lake Ontario Conservation Authority.
(a) not to apply for a building permit on any lot until
a site plan indicating existing and proposed
grades, site drainage, locations of buildings and
tile fields has received the approval of the
Central Lake Ontario Conservation Authority ;
(b) to carry out or cause to be carried out the
development of each lot according to plans approved
by the Central Lake Ontario Conservation Authority.
Please request a copy of the signed subdivision agreement be
forwarded to this Authority. This will expedite our
clearance of the subdivision conditions."
Ministry of Natural Resources
"Thank you for the opportunity to review this proposal . We
have no comments or concerns to bring to your attention ."
Ministry of Environment
"We have no comments to offer on this application to an
amendment to Zoning By-law 2111 ."
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REPORT NO. : PD-170-84 Page 7
Ministry of Agriculture and Food - Foodland Preservation
"Staff of the Ontario Ministry of Agriculture and Food have
reviewed the above development proposal . Consideration has
been given to the proposal in terms of the goals and
objectives of the Ministry and of the criteria and policies
outlined in the Food Land Guidelines.
Our concern of not encroaching on the orchard to the east
can be accommodated by imposing the 200 foot separation
distance between the subdivision and the orchard as shown on
the Draft Plan of Subdivision. If this condition is
imposed , we have no further concerns and would not object to
the proposal ."
The Peterborough-Victoria-Northumberland-Newcastle
Roman Catholic Separate School Board
" In reply to your letters of July 17, and July 24, 1984,
please be informed that the Board has no objections to the
Zoning By-law amendment nor to the Plan of Subdivision."
The Northumberland and Newcastle Board of Education
"We have reviewed the above noted application for an
amendment to Zoning By-law #2111 and wish to advise that the
Board raises no objection to the application as submitted."
STAFF COMMENTS
Staff has no objections to the approval of the Plan of
* Subdivision subject to ,the conditions set out in Attachment
No. 1 to this report , nor to the approval of an implementing
Zoning By-law amendment. Staff would note for Committee's
information that the majority of comments received are the
same as conditions of draft approval as issued for the
Estate Residential development immediately to the south of
the subject property.
Staff would note for the applicant' s information and
consideration that by altering the proposed easterly limits
* of Lot 4 (see attached) and extending the lot line to the
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REPORT NO. : PD-170-84 Page 8
northerly limits of the property, a more desirable and
appropriate lot pattern, in Staff's opinion, would result.
The melding of this portion from Lot 4, with the existing
house on Old Scugog Road, would provide the resident on Old
Scugog Road with a deeper rear lot (27 metres compared to
11 .5 metres). The deletion of this portion of Lot 4 would
not affect the provisions of the proposed Zoning By-law
amendment, i .e. minimum lot area, attached to this report
and would put to "better use" this portion of the subject
lands. Although Staff feels this is a more appropriate use
of this small portion of land, the conditions of draft
approval as recommended, do not include same as this would
be placing a condition of draft approval upon an adjacent
land owner who may not, for personal reasons, wish to
purchase the lands and increase the size of his own holding.
Staff are, therefore, recommending that the Region of
Durham be advised that the Town of Newcastle has no
objections to the approval of draft Plan of Subdivision
18T-84021 subject to the specific conditions which are
outlined in Attachment No. 1 to this report and secondly,
that the attached by-law amendment be forwarded to Council
for approval .
Respec ul mitted,
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T.T. Edwards, M.C.I.P.
Director of Planning
LDT*TTE*jip
*Attach.
September 27, 1984
cc: Q.G. Biddle and Associates Ltd.
96 King Street East
OSHAWA, Ontario
L1 H 1 B6
ATTACHMENT NO. 1 TO REPORT PD-170-84
TOWN OF NEWCASTLE CONDITIONS FOR DRAFT APPROVAL OF
SUBDIVISION APPLICATION 18T-84021
1 . That this approval shall apply to a draft plan of
subdivision dated November 21 , 1984, prepared by D.G.
Biddle and Associates Limited, Consulting Engineers.
2. That the developer enter into a subdivision agreement
with the Town of Newcastle.
3. That the Owner grant to the Town, free and clear of all
encumbrances, all easements and dedications as
requested.
4. That the Owner agrees to pay to the Town of Newcastle,
the cash value of the five percent (5%) parkland
dedication in lieu of the parkland.
5. That the works be designed and constructed in accordance
with the latest Town of Newcastle design criteria and
standards.
6. That the Owner agrees to satisfy all other requirements
of the Town of Newcastle, financial or otherwise.
7. That the necessary amendment to By-law 84-63, as
amended, Town of Newcastle, be approved and in effect.
8. That the Owner agrees , in writing, to satisfy all the
requirements, financial and otherwise, of the Region of
Durham.
9. That the Owner dedicate the appropriate property to the
satisfaction of the Town of Newcastle for road widening ,
free and clear of all encumbrances.
10. That the Owner agrees to negotiate with the Town of
Newcastle a cost sharing arrangement for the
reconstruction/improvement of Old Scugog Road.
11 . That a 0.3 metre reserve be provided along the northerly
side of Old Scugog Road, abutting the property.
12. That the Owner agrees :
a) to satisfy the requirements of the Central Lake
Ontario Conservation Authority as specified below:
i ) The west block defined above shall be zoned open
space to prohibit buildings or structures except
those necessary for flood or erosion control .
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Page 2 ATTACHMENT NO. 1 TO REPORT PD-170-84
12. ii ) No grading, filling, construction, alteration to
a watercourse or alteration to vegetation shall
occur on the site without the written permission
of the Central Lake Ontario Conservation
Authority.
iii ) The owner shall agree in the subdivision
agreement :
a) not to apply for a building permit on any
lot until a site plan indicating existing
and proposed grades , site drainage,
locations of buildings and tile fields has
received the approval of the Central Lake
Ontario Conservation Authority;
b) to carry out or cause to be carried out the
development of each lot according to plans
approved by the Central Lake Ontario
Conservation Authority.
12. b) to satisfy the requirements of the Region of Durham
Health Unit.
13. The Owner agrees not to sell any or all of the said
lands until :
i ) the Owner has inserted in the agreement to purchase
entered into by the prospective purchaser, notice
that the lands are subject to the covenants and
obligations set forth in the subdivision agreement.
14. That the Owner agrees to satisfy the Town' s rural Fire
Protection Requirements.
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This is Schedule "X" to By-law 84-
Passed this day of , 1984 A.D.
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G.B. Rickard, Mayor 20n 6 D.W. Oakes, Clerk
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THE CORPORATION OF THE TOWN OF NEWCASTLE
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BY-LAW NUMBER 84--JA
being a By-law to amend By-law 84-63, as amended, of the Town of
Newcastle.
WHEREAS the Council of the Corporation of the Town of Newcastle deems
it advisable to amend Zoning By-law 84-63, as amended, of the Town of
Newcastle;
NOW THEREFORE, The Council of the Corporation of the Town of
Newcastle enacts as follows:
1 . Schedule "1" to By-law 84-63, as amended, is hereby further
amended by changing the zone designation from "A-Agricultural" to
I
"RE-4 Residential Estate Exception (RE-4) Zone" and "EP-Environmental
Protection Zone" as shown on the attached Schedule "X" hereto.
2. This By-law shall come into effect on the date of passing
hereof, subject to the provisions of Section 34 of the Planning
Act.
BY-LAW read a first time this day of Oft° 1984
BY-LAW read a second time this day
Y of 1984
BY-LAW read a third time and finally passed this day of
1984.
MAYOR CLERK
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