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HomeMy WebLinkAboutPD-88-85 Iv , ( ................. CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1,10 TEL.(416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF JUNE 3, 1985 REPORT NO. : PD-88-85 SUBJECT: APPLICATION FOR SUBDIVISION APPROVAL 594829 ONTARIO LIMITED PART LOT 33, CONCESSION 2, TWP. OF DARLINGTON FILE: 18T-84029 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-88-85 be received; and 2. That the Regional Municipality of Durham be advised that the Town of Newcastle has no objections to draft approval of Plan 18T-84029 as revised in red and * attached hereto, and furthermore, subject to the * conditions outlined in Attachment No. 1 to this report ; and 3. That a copy of Staff Report PD-88-85 be forwarded to the Regional Municipalty of Durham for their information; and * 4. That the attached by-law authorizing execution of a Subdivision Agreement between Betty-Jo King and 594829 Ontario Limited and the Town of Newcastle be approved ; and 5. That the Mayor and Clerk be authorized to execute the Subdivision Agreement between Betty-Jo King and 59482.9 Ontario Limited and the Town of Newcastle at such time as an agreement has been finalized to the satisfaction of the Director of Public Works and the Director of Planning. r � �od i CCk, REPORT NO. : PD-88-85 Page 2 BACKGROUND: In August, 1984, on application for subdivision approval was submitted by 594829 Ontario Limited, agent on behalf of Dr.A.E. King and Betty Jo King in respect of a 14.308 ha parcel of land in Lot 33, Concession 2, former Township of Darlington. The proposed subdivision would result in the creation of a total of one hundred and thirty-five (135) single family residential lots, and a 1 .0+ha park block. Full municipal services are proposed for the development and would be required pursuant to the provisions of the Official Plan for the Courtice Urban Area. The site is designated residential in both the Durham Regional Official Plan and the Official Plan for the Courtice Urban Area. The lands are presently zoned "EP-Environmental Protection" and "(H)R1-Urban Residential Type One (Holding) Zone" by Zoning By-law 84-63. Pursuant to the provisions of Section 3.9, the holding provision may be removed upon Council being satisfied that the uses to be permitted will be adequately serviced, that lands to be used have adequate access, prior uses of the land will not prevent the use of the land for the purposes intended by the By-law, that the lands and proposed uses will be adequately protected from any physical or man-made hazard or conditions associated with the lands, and that agreements, in respect of such matters and the associated financial requirements, where required, have been executed with 'the Town of Newcastle and/or the Regional Municipality of Durham. In accordance with Department procedures, the subdivision proposal was circulated to the appropriate authorities/departments for their comments. i . . .3 i REPORT NO. : PD-88-85 Page 3 Peterborough-Victoria-Northumberland and Newcastle Roman Catholic Separate Sc oo Board "In reply to your letter of August 28, 1984, please be informed that this Board has no objection to the proposed subdivision. Pupils from this area are currently transported to Bowmanville. Earlier this year the Board applied to the Ministry of Education for permission to open a school adjacent to St. Theresa's Church on Courtice Road. If approval is eventually received then pupils from the subdivision would attend the new school ." Ontario Hydro "The plan has been circulated to the interested divisions of the Corporation for comment. We have no objections to the proposed subdivision as presently laid out. " Central Lake Ontario Conservation Authority "Authority staff have reviewed the above-noted draft plan of subdivision. The site is composed primarily of tableland on the west side of Farewell Creek. Most of the property is open and under cultivation. Treed areas are located adjacent to a small watercourse at the southern limit of the property and along the main valley of Farewell Creek at the northwestern corner of the property. These areas have been designated as environmentally sensitive in the Environmental Impact Analysis for the Courtice Urban Area. However, since there is only marginal encroachment of lots into the sensitive areas, Authority staff are not concerned about the potential impact. There is no lot coverage in the Regional Storm floodplain of Farewell Creek. However, there are a number of concerns for the site including the potential effects of increased stormwater runoff, the proposed means for accommodating the small drainage courses, the encroach- ment of Lot 90 over the top of bank of a small watercourse, the conservation of treed areas adjacent to the watercourses of general grading and sedimentation concerns during the construction period. These concerns are dealt with through the suggested conditions of draft approval listed below: . . .4 II REPORT NO. : PD-88-85 Page 4 Central Lake Ontario Conservation Authority (Cont'd) 1 . No filling, construction, or alterations to watercourses shall occur on the site without the written approval of the Central Lake Ontario Conservation Authority. 2. Prior to final approval of the plan, the owner shall prepare a detailed means for controlling stormwater runoff from the site consistent with the requirements of the Courtice Sotrmwater Management Study and recognizing the environmental sensitivity of the valley areas. 3. The rear yard limit of Lot 90 shall be revised so that it does not extend below the top of bank of the small watercourse abutting it to the south. 4. Prior to final approval of the plan, the owner shall submit details, acceptable to the Authority, for diverting the small watercourse at the southern limit of the plan, away from the proposed rear yard of Lot 90. 5. The owner shall ensure that restrictive covenants are registered on title for Lots 73, 74, 75, 84 to 97 inclusive, and 147 to prevent the removal of healthy trees 4 inches in diameter at breast height or larger without the written approval of the Central Lake Ontario Conservation Authority. 6. Prior to final approval , the owner shall submit grading plans acceptable to the Authority including measures to control sedimentation during the construction period. The plans shall include detai 1 s of the means to be used to deal with the drainage currently located in the small drainage courses running through Lots 52, 38, 39, 75 and 76. 7. Prior to final approval , Blocks 138, 139 and part 2 shall be zoned to prohibit the erection of any structures other than those necessary for flood or erosion control . 8. The owner shall agree in the subdivision agreement to carry out any requirements referred to in or resulting from conditions 1 to 7 inclusive as stated above to the satisfaction of the Central Lake Ontario Conservation Authority." Ministry of Natural Resources "Ministry staff have reviewed the above-noted plan and inspected the site. . . .5 I REPORT NO. : PD-88-85 Page 5 Ministry of Natural Resources (Cont'd) "The small streams which drain the southern portion of the property flow into Farewell Creek. The section of Farewell Creek adjacent to and north of the site is considered coldwater trout habitat, and accordingly, water quality in the creek should be preserved where possible. Also, Farewell Creek flows into Oshawa Second Marsh, which is a provincially significant wetland. Sediment build-up in the marsh has been identified as a serious problem. Land development adjacent to Farewell Creek and its tributaries should be carefully controlled so as to minimize any additional stormwater flow and sediment entering the marsh. Based on the above, we have no objections to the proposed plan of subdivision subject to the following conditions: 1 . Prior to any grading or construction on the site, the owner shall prepare a stormwater and erosion control plan, acceptable to the Ministry of Natural Resources. This plan shall describe the means whereby stormwater flow and soil erosion will be minimized, both during and after construction, in the area of Lots 67 to 97, Lot 137, and Block 147. 2. The subdivision agreement between the owner and municipality shall contain the following provision: That the owner agrees to carry out the stormwater/erosion control plan for the site as required in Condition 1 above. The owner should be advised, through a note in the Region's conditions of draft plan approval , that under the terms of the Lakes and Rivers Improvement Act, no damming, dredging or other alterations may be carried out on Farewell Creek without prior written authorization from the Ministry of Natural Resources." Town of Newcastle Community Services "In response to your letter of September 4, 1984, I would recommend that the Parkland proposed in 1980 would be sufficient. " Town of Newcastle Public Works Department "We have reviewed the above noted application for plan of subdivision and submit the following comments: . . .6 i REPORT NO. : PD-88-85 Page 6 Town of Newcastle Public Works Department (Cont'd) 1 . The developer must enter into a subdivision agreement with the Town and that the Public Works Department be kept informed of the status of same at all times; 2. The developer must grant to the Town, free and clear of any encumbrances, all easements which may be required; 3. All works are to be constructed in accordance with the Town of Newcastle's Design Criteria and Standard Drawings; 4. All storm systems will be designed to accommodate the recommendations of the Courtice Storm Water Management Study; 5. The standard minimum road allowance width is 20.0 metres; 6. The developer must contribute to the reconstruction of Prestonvale Road and illumination of same; 7. The developer must construct a sidewalk on Prestonvale Road that connects the pedestrian traffic from the subdivision to Highway #2. 8. In our opinion, based on the following comments, the collector roadway would function properly and safely if it was relocated onto Prestonvale Road. a) The horizontal alignment of the proposed collector does not meet the Town's criteria for this classification of roadway; b) The proposed intersection between the collector road and Prestonvale Road will create conflict between both pedestrian and vehicular traffic. This situation would be as a result of poor intersection geometries which inhibit traffic flow. " Ministry of Environment "The subject plan proposing 135 single family residential dwellings is a resubmission of File 18T-80071 on which we provided comments in January, 1981 . Apparently the original application was denied because of the lack of servicing for the total area of the plan. Our comments remain unchanged in that a development control program is in effect whereby the Regional Municipality assures the installation of services to parallel service requirements. Comments in this regard must, therefore, be obtained from the Regional Engineering Department. . . .7 REPORT NO. : PD-88-85 Page 7 Ministry of Environment (Cont'd) "Because of the proximity of the site to Farewell Creek, it is recommended that comments also be obtained from the Ministry of Natural Resources and the Central Lake Ontario Conservation Authority. With the exception of the above, we offer no objection to approval of the application. Region of Durham "We have now completed review of your draft plan from a servicing viewpoint and wish to advise you of the following servicing constraints. Water supply is not immediately available to the proposed subdivision. Its availability is contingent upon development of the Courtice Heights Subdivision (18T-76027) as well as construction of two external watermains, one on Phair Avenue and one on an easement on private land at the south end of the subdivision. To date, we have no indication from Courtice Heights that they are proceeding with their development. The cost of the aforementioned watermains is approximately $80,000 which the Region has no plan to install . With respect to sanitary sewer services, Lots 2-10, 116-135 can be serviced by connection to the existing trunk sewer. The balance of the subdivision, however, will have to be serviced by a sanitary sewage pumping station to be located on Block 147. The capacity of the pumping station should be sized to accommodate other lands external to this subdivision. We do not have estimated costs for the pumping station. However, a similar station and forcemain would be approximately $175,000. We wish to advise you that the Region has no plan to construct the said pumping station. Due to the lack of sanitary sewer and water supply services, we will not be in a position to recommend approval of your draft plan which will be considered premature. However, prior to recommending denial of your draft plan to the Region' s Planning Committee, we would like to offer you the opportunity to review the servicing issue. Specifically, we would like to hear from you how you propose to overcome the servicing constraints without subjecting the Region to any costs in providing services to the subdivision." . . .8 REPORT NO. : PD-88-85 Page 8 STAFF COMMENTS: Staff would note, for the Committee's information, as highlighted by the Ministry of Environment Staff, the applicant previously submitted an application to the Ministry of Municipal Affairs and Housing in 1980 (File No. : 18T-80071 ) for draft approval . This file was formally closed by Ministry Staff in August, 1981 due to the servicing constraints affecting the site. In reviewing the most recent application (18T-84029) , Staff note that the property is within the Courtice Urban Area, specifically within the Courtice South Neighbourhood Plan. The road pattern proposed generally conforms to the road layout within the Courtice South Neighbourhood Plan. Staff would note, for Committee's information, that the local residents along Prestonvale Road expressed concern as to the possible increase of traffic volume along Prestonvale Road at the time public hearings were held in conjunction with -the preparation of the Courtice Official Plan. Staff noted that a major portion of the traffic, from the subdivisions to the west of Prestonvale Road, in all likelihood, would enter from the most northerly, east/west access (within Dr. King 's subdivision) and along the collector road on -to the respective local roads within the subdivisions themselves. Notwithstanding the above, the Neighbourhood Plan was approved, illustrating "intersection improvement" to the intersection of Prestonvale Road and Phair Avenue, implying that Prestonvale Road South of said intersection may be closed to vehicular traffic. Furthermore, a local road was designated in the Neighbourhood Plan in the vicinity of Lots 1 and 2 on Plan 18T-84029, providing access to the residents along Prestonvale Road. Accordingly, Staff has incorporated, within Attachment No. 1 to this report, a condition that Lots 1 and 2 on Plan 18T-84029 be redesignated as a Block for future development pending resolution of the status of . . .9 Irv, REPORT NO. : PD-88-85 Page 9 Prestonvale Road and Phair Avenue and "intersection improvements" thereto, suggested by the Works Department. Staff would note that minor revisions to Lots 3, 4 and 5 are necessary, reducing the frontage of each respective lot from 17.5 metres to 17 metres to permit the possible future development of Lots 1 and 2 for road allowance purposes. Staff would note, for Committee's information , that pursuant to Town Council Policy/Procedure: "Parkland Dedications - By-law 79-69" , Section 1 states. . . . . . . ."The Town of Newcastle may require, as a condition of approval of a plan of subdivision, that up to 5% of the land included in a plan of subdivision be dedicated to the Town for park purposes. The Town of Newcastle shall not accept any creek valley lands or lands with hazardous characteristics as any portion of the 5% parkland dedication requirement".. . . Furthermore, Section 2 indicates that. . . . . . .."Notwithstanding the above requirement, the Town may require the dedication of creek valley lands, flood susceptible lands or lands with hazardous characteristics to the municipality at no cost as a condition of subdivision approval ." In consideration of the above-noted policy and the location of the Subdivision, being within the "urban limits" - Courtice Urban Area ; as a condition of draft approval , Staff has requested the dedicating of Block 139, gratuitously to the Town. Generally speaking, Staff concur with the concerns of the Region of Durham with respect to servicing and that approval would be premature pending resolution of services. However, Staff would have no objection to the approval of this draft plan, as revised in red and attached hereto and subject to the conditions outlined * in Attachm No 1 to this report. !Res p ubmitted, 1� T. . Edwards, M.C. I.P. Applicant: Dr.A.E. King Director of Planning R.R. #3 BOWMANUILLE, Ontario LDT*TTE*jip L1C 3K4 *Attach. May 16, 1985 ATTACHMENT NO. 1 TO REPORT PD-88-85 TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL SUBDIVISION APPLICATION 18T-84029 1 . That this approval shall apply to draft plan of subdivision 18T-84029, prepared by Donevan & Fleischman, identified as Job No. 1 -3109, dated July 27, 1984, which is revised in red as per the attached plan showing one hundred and thirty-three (133) single family lots, three (3) blocks for future development, a park block, public open space block, seven (7) 0.30 metre reserve blocks and a pumping station block. 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 dedicate to the Town of Newcastle, Block 138, parkland dedication and that Block 139 be deeded gratuitously to the Town pursuant to the provisions of the Town 's Open Space policy By-law 79-69. 5. That the works be designed and constructed in accordance with the latest Town of Newcastle design criteria and standards. 6. That the road allowances included in this draft plan be dedicated as public highways. 7. That the road allowances in the plan be named to -the satifaction of the Town of Newcastle. 8. That the necessary amendment to By-law 84-63, as amended, of the Town of Newcastle, be approved and in effect. 9. That the Owner agrees, in writing, to satisfy all requirements, financial and otherwise, of the Region of Durham, with respect to the provision of roads and municipal water and sewage supply. 10. That the Owner agrees to negotiate with the Town of Newcastle an appropriate cost sharing arrangement/contribution in consideration of Plan 18T-84029 respecting the provision of a sidewalk along the west side of Prestonvale Road to the intersection of Phair Avenue. Furthermore, the Owner agrees to negotiate with the Town of Newcastle an appropriate contribution towards the reconstruction of Prestonvale Road and illumination of same from the subdivision access north to Highway #2. 11. That Blocks 140, 141 , 142, 143, 144, 145, and 146, being 0.3 metre reserves, be dedicated to the Town of Newcastle, free and clear of all encumbrances. . . .2 Page 2 ATTACHMENT NO. 1 TO REPORT PD-88-85 TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL SUBDIVISION APPLICATION 18T-84029 12. That the Owner agrees : a) to satisfy the requirements of the Central Lake Ontario Conservation Authority as specified below: i ) No filling, construction, or alteration to watercourses shall occur on the site without the written approval of the Central Lake Ontario Conservation Authority. ii ) Prior to final approval , the owner shall prepare a detailed means for controlling stormwater runoff from the site consistent with the requirements of the Courtice Stormwater Management Study and recognizing the environmental sensitivity of the valley areas. iii ) The rear yard limit of Lot 90, shall be revised so that it does not extend below the top of bank of the small watercourse abutting it to the south. iv) Prior to final approval of the plan, the Owner shall submit details, acceptable to the Authority, for diverting the small watercourse at the southern limit of the plan, away from the proposed rear year of Lot 90. v) The Owner shall ensure that restrictive covenants are registered on title for Lots 73, 74, 75, 84 to 97 inclusive, and 147 to prevent the removal of healthy trees 4 inches in diameter at breast height or larger without the written' approval of the Central Lake Ontario Conservation Authority. vi ) Prior to final approval , the Owner shall submit grading plans acceptable to the Authority including measures to control sedimentation during the construction period. The plans shall include details of the means to be used to deal with the drainage currently located in the small drainage courses running through Lots 52, 38, 39, 75 and 76. vii ) Prior to final approval , those portions of Blocks 138, 139 and Part 2 below the C.L.O.C.A. Fill and Construction limit, shall be zoned to prohibit the erection of any structures other than those necessary for flood or erosion control . viii ) The Owner shall agree in the Subdivision Agreement to carry out any requirements referred to in, or resulting from, Conditions 1 to 7 inclusive as stated above to the satisfaction of the Central Lake Ontario Conservation Authority." . . .3 Page 3 ATTACHMENT NO. 1 TO REPORT PD-88-85 TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL SUBDIVISION APPLICATION 18T-84029 12. b) To satisfy the requirements of the Ministry of Natural Resources as specified below: 1) Prior to initiating any grading or construction on the site, the owner shall prepare a stormwater and erosion control plan, acceptable to -the Ministry of Natural Resources. This plan shall describe the means whereby stormwater flow and soil erosion will be minimized both during and after construction in the area of Lots 67 to 97, Lots 137 and Block 147. 2) The subdivision agreement between the owner and municipality shall contain the following provisions : i ) That the Owner agrees to carry out the stormwater/ erosion control plan for the site as required in Condition i ) above. ii ) The Owner should be advised, through a note in the Region 's conditions of draft plan approval , that under the terms of the Lakes and Rivers Improvement Act, no damming, dredging or other alterations may be carried out on Farewell Creek without prior written authorization from the Ministry of Natural Resources." 13. The Owner acknowledges that all storm systems will be designed to accommodate the recommendations of the Courtice Stormwater Management Study. J L O T j.33 aGOC�t �F z � � % -� _ � xt It Iv „1� �' �' "°b �� ,mob i ��• y i I may.a I n 6 I J Q 23 I •:}:}S•;r: 1 as Se ' 6th �O/ �O Ja.ea:see Jaea rr, ?:•....r`•;:6;k ti M 3a a2 as 3 R m 65 .a2 `�� as a @g @ I � 39.6{1 �•. la /`�0 /2�J� I � , —�--._— — i M R.M9 C N s� As +�a,6 _7E ' �p•0°� 1 �.�J 76 �S J'c3t3 t aa.a .a I t ... � � � 6B h I szs .q �/ � � � .•/�/ Q I Q � / i O IZ /a2. /_5¢ ICSE��.��R—�� ' /•{JG/.(TJ` PLAN �/OR_._—___. I —.—.--_—____ .__ THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 85- being a By-law to authorize the entering into of an Agreement with Betty Jo King and 594829 Ontario Limited 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 Betty Jo King and 594829 Ontario Limited and the said Corporation dated the day of 1985, in the form attached hereto as Schedule "X". 2. THAT Schedule "X" attached hereto forms part of this by-law. BY-LAW read a first time this day of 1985 BY-LAW read a second time this day of 1985 BY-LAW read a third time and finally passed this day of 1985 CLERK I I