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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 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.
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. . .3
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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
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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
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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
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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
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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
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