HomeMy WebLinkAboutPD-88-88 DN: 88-38
REPORT #2
TOWN OF NEWCASTLE
REPORT File
Res. #c-a 0-8"d
BY-Law METING: COUNCIL
DATE: Monday, April 11, 1988
REPORT #: PD-88-88 _ FILE #: 18T-87054
SUBJECT: APPLICATION FOR APPROVAL OF PLAN OF SUBDIVISION
MEMPHIS HOLDINGS LIMITED
PART LOT 8, B.F.C., GEOGRAPHIC TOWNSHIP OF DARLINGTON
NOW IN THE TOWN OF NEWCASTLE - OUR FILE: 18T-87054
RECOMMENDATIONS:
It is respectfully recommended that Council approve the following:
1. THAT Report PD-88-88 be received; and
2. THAT the Region of Durham be advised that the Town of Newcastle
recommends approval of the Draft Plan of Subdivision 18T-87054, dated
May, 1987, as revised in red, subject to the conditions contained in
Attachment No. 1 to this Report; and
3. THAT a copy of Staff Report PD-88-88 be forwarded to the Region of
Durham; and
4. THAT the attached by-law authorizing execution of a Subdivision
Agreement between Memphis Holdings Limited and the Corporation of the
Torn of Newcastle be approved; and
5. THAT the Mayor and Clerk be authorized to execute the Subdivision
Agreement between Memphis Holdings Limited and the Corporation of 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.
. . .2
REPORT ND. : PD-88-88 PAGE 3
_______________________________________________________________________________
BACKGROUND AND COMMENTS:
At the General Purpose and Administration Committee Meeting of April 5, 1988,
the Committee resolved to forward Staff Report PD-31-88 to Council for their
consideration (copy of said report is attached) . Staff noted that we would
review the Conditions of Draft Plan Approval and submit any necessary revisions
to Council. In that regard, attached herewith, are revised Conditions of
Approval reflecting changes requested by the Director of Public Works.
Staff note that Condition No. 3 has been amended by deleting references to �
minimum ditch grades.
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Condition 0o. 5 has been amended to reflect the actual cost contribution tVwar( o |
the zecnoatcOotiou of Lake Road and to defer assessment of coat contributions
relative to impacts on other roads.
Condition 0o. 9(a) has had a slight wording revision and Condition 0V. 35 has
been deleted in its entirety in view of the revisions to Condition 0o. 5.
(Due to time constraints these revisions have not been discussed with the
applicants or their agents) .
/
Staff accordingly recommend that the proposed Plan of Subdivision 18T-87054, as
revised in red, be approved subject to the revised Conditions of Draft Approval
included as Attachment 0o. l annexed hereto and that the necessary by-law
authorizing execution of the Subdivision Agreement also be approved. |
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Respectfully submitted, Recommended for presentation
to the Committee
`
_ .
T.T. Edwards, M.C.I.P. Lawrence E. Kotseff
Director of Planning / Chief Administrative Officer
TTE*jip |
*Attach. �
April 6' 1988 |
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/
/
ATTACHMENT NO. 1 TO REPORT PD-88-88
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-87054
1. That this approval shall apply to a draft Plan of Subdivision 18T-87054,
prepared by Inducon Consultants of Canada Ltd. , identified as their Drawing
No. 4027-SK-40, dated May, 1987, which is revised in red as per attached
plan showing nineteen (18) industrial lots.
2. That the Owner enter into a Subdivision Agreement with the Town of
Newcastle in respect of the subject plan which shall include, in addition
to the Town's Standard requirements, specific provisions with respect to
the following Conditions 3 to 24, all inclusive.
3. That all works are completed in accordance with the Town of Newcastle's
Design Criteria and Standard Drawings and to the satisfaction of the
Director of Public Works. In addition, the engineering design of the rural
roadways shall incorporate and address Public Works Staff's concerns
regarding the maintenance and aesthetics of a rural roadway.
4. That any easements required by the Town be granted free and clear of any
encumbrances.
5. That the Owner pay a contribution of $132,500. towards the cost of
reconstructing Lake Road from Liberty ,Street to Port Darlington Road.
(This represents 500 of the estimated cost of reconstructing Lake Road, to
a rural cross-section, from Liberty Street to Port Darlington Road) .
The contribution by the Owner(s) towards the reconstruction of Lambs Road
and other roads at the east end of the South Bowmanville Industrial Park
will be determined at a later date, as a condition of future plans, when
more information is available.
6. That the road allowance width be adjusted to the satisfaction of the
Director of Public Works to reflect a rural road R.O.W. , and a rural
cul-de-sac R.O.W. , and that sight triangles at all intersections are
provided accordingly.
7. That this development is serviced with utilities in a manner acceptable to
the Director of Public Works (i.e. utility corridor on easement) .
8. That storm drainage and lot grading be undertaken to the satisfaction of
the Director of Public Works.
9. That the developer bear the costs (100% of the following works which would
be necessitated as a result of this development:
(a) the complete reconstruction of the Lake Road/Port Darlington Road/
proposed Lake Road intersection;
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(b) that the horizontal alignment of the Lake Road extension be revised
to provide a smooth transition from the proposed Lake Road to the
existing;
. . .2
Page 2 of ATTACHMENT NO. 1 TO REPORT PD-88-88
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-87054
10. That 0.3 metre reserves are placed on Lot 18 to restrict access to the
internal road.
11. All of the other standard requirements re: Lot Grading, Schedules of Work,
Performances Guarantees, Cost Estimates, etc., should be included in the
Subdivision Agreement.
12. That prior to final approval, the developer be responsible for initiating
an application for the closure and conveyance of the Simpson Avenue road
allowance abutting Lot #1, in accordance with the Town's Road Closure
Policy.
13. That the developer meet all the requirements of the Public Works
Department, financial and otherwise.
14. That the Owner agrees to satisfy all the requirements, financial and
otherwise, of the Region of Durham.
15. That any proposed alterations to the existing drainage pattern affecting
Railway property must receive prior concurrence from the Railway and be
substantiated by a Drainage Report to the satisfaction of the Railway.
16. The Owner shall install and maintain at his own expense, a chain link fence
of minimum 1.8 metre (6 feet) height along the mutual property line of the
Railway and the subdivision. This shall require registration of a
maintenance clause on title of affected lots.
17. That all buildings be setback a minimum distance of 14 metres (45 feet)
from the Highway No. 401 property line.
18. That permits be obtained from the Ministry of Transportation for all
buildings and illumination located within 395 metre (1300 feet) of the
centrepoint of Highway 401 and Port Darlington Road.
19. That permits be obtained for all signs located within 400 metres of Highway
401 property line.
20. That a copy of the final lot grading drainage plan, showing existing and
final grades, be submitted to Ontario Hydro for review.
21. That any costs of relocation or revisions to Ontario Hydro facilities
necessary to accommodate the subdivision be borne by the developer.
22. That easement rights of Ontario Hydro are to be protected and maintained.
23. That Site Plan Agreement be entered into prior to development of each
industrial lot.
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24. That the rezoning be finalized prior to issuance of any building permits.
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THE CORPORATION OF THE TOWN! OF NEWCASTLE
BY-LAW NUMBER 88-
being a By-law to authorize the entering into of an Agreement with Memphis
'.' Holdings Limited and the Corporation of the Town of Newcastle,
The Council of the Corporation of the Town of Newcastle hereby enacts as I
follows:
`t�•:�`••,.;:':�, � 1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of i
the Corporation of the Town of Newcastle, and seal with the Corporation's seal,
an Agreement between Memphis Holdings Limited and the said Corporation dated
the day of , 1988, in the form attached hereto as Schedule "X".
2. THAT the Mayor and Clerk are hereby authorized to accept, on behalf of
the Town, the said conveyances of lands required pursuant to the aforesaid
9{�+;':•'
Agreement.
3. THAT Schedule "X" attached hereto forms part of this By-law.
�J{jrl�!,tV 1
BY-LAW Lead a first time this day of 1988
B'1-1AS4 read a second time this day of 1988
BY-LAW read a third time and finally passed this day of
i;';;t{•�. 1988.
MAYOR
CLERK
�}Ttree
�i11:
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DN: 31=88
TOWN OF NEWCASTLE
REPORT
Fi 1e #
Res. #
By-Law #
MEETING: Council
DATE: Monday, January 25, 1988
REPORT #: PD-31-88 FILE #: 18T-87054
SUBJECT: APPLICATION FOR APPROVAL OF PLAN OF SUBDIVISION
MEMPHIS HOLDINGS LIMITED
PART LOT 8, BROKEN FRONT CONCESSION, FORMER TWP. OF DARLINGTON
FILE: 18T-87054
RECOMMENDATIONS:
It is respectfully recommended to Council the following: .
1. THAT Report PD-31-88 be received; and
2. THAT the modifications to the draft conditions of approval respecting File:
18T-87054, as recommended by the General Purpose and Administration
Committee at their meeting of January 18, 1988 and attached hereto as
Appendix No. 1, be approved; and
3. THAT a copy of said Report be forwarded to the Region of Durham Planning
Department.
BACKGROUND AND COMMENT:
On January 18, 1988, the Town of Newcastle General Purpose and Administration
Committee received Report PD-7-88 dealing with an application for approval of a
Plan of Subdivision. Staff note at this meeting that it was confirmed by the
applicant that the proposed plan was to be revised thereby eliminating Lot 19 and
consolidating same with Lot 18.
. . .2
REPORT NO. : PD-31-88 PAGE 2
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Upon reviewing the above-noted Report and comments offered with regards to the
subject application, Committee recommended the following modifications to the
conditions of approval as submitted:
1. THAT Condition 9(c) dealing with illumination be deleted; and
2. THAT Condition 10 regarding Port Darlington Road be deleted.
As a result of the above-noted modifications, further changes to the conditions
of approval as previously submitted are required.
In consideration of the above comments, Planning Staff would have no objection
to the approval of the Plan of Subdivision 18T-87054, as red-lined revised and
subject to the revised conditions of draft approval on Attachment No. 1
annexed hereto and the recommendations related thereto.
Respectfully submitted, Recommended for presentation
to the Committee
T.T. Edwards, M.C.I.P. Lawren�tstrative Kotseff
Director of Planning Chief Officer
CP*TTE*jip
*Attach.
January 20, 1988
CC: Memphis Holdings Ltd.
805 Lakeshore Blvd. E.
TORONTO, Ontario
M4M 1B2
Inducon Consultants of Canada
Mr. R.J. Brown
235 Yorkland Blvd.
NORTH YORK, Ontario
M2J 4Y8
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ATTACHMENT NO. 1 TO REPORT PD-31-88
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-87054
1. That this approval shall apply to a draft Plan of Subdivision 18T-87054,
prepared by Inducon Consultants of Canada Ltd. , identified as their Drawing
No. 4027-SK-40, dated May, 1987, which is revised in red as per attached
plan showing nineteen (18) industrial lots.
2. That the Owner enter into a Subdivision Agreement with the Town of
Newcastle in respect of the subject plan which shall include, in addition
to the Town's Standard requirements, specific provisions with respect to
the following Conditions 3 to 25, all inclusive.
3. That all works are completed in accordance with the Town of Newcastle's
Design Criteria and Standard Drawings and to the satisfaction of the
Director of Public Works. In addition, the engineering design of the rural
roadways shall incorporate and address Public Works Staff's concerns
regarding the maintenance and aesthetics of a rural roadway (ie. minimum 2%
ditch grade, flatter sideslopes, and backslopes etc.) . A typical rural
road cross-section to the satisfaction and approval of the Director of
Public Works shall be prepared that addresses the above concerns.
4. That any easements required by the Town be granted free and clear of any
encumbrances.
5. That the impact of this development on the existing Town road system which
form a transportation link to Regional Road 14, Highway 401 and Highway 2
be assessed and based on the above, the developer should contribute to the
reconstruction of the roads impacted by this development to the
satisfaction of the Director of Public Works.
6. That the road allowance width be adjusted to the satisfaction of the
Director of Public Works to reflect a rural road R.O.W. , and a rural
cul-de-sac R.O.W. , and that sight triangles at all intersections are
provided accordingly.
7. That this development is serviced with utilities in a manner acceptable to
the Director of Public Works (i.e. utility corridor on easement) .
8. That storm drainage and lot grading be undertaken to the satisfaction of
the Director of Public Works.
9. That the developer bear the costs (1000 of the following works which would
be necessitated as a result of this development:
(a) the complete reconstruction of the intersection of the existing Lake
Road, Port Darlington Road, and the proposed Lake Road extension;
(b) that the horizontal alignment of the Lake Road extension be revised
to provide a smooth transition from the proposed Lake Road to the
existing;
. . .2
Page 2 of ATTACHMENT NO. 1 TO REPORT PD-31-88
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-87054
10. That 0.3 metre reserves are placed on Lot 18 to restrict access to the
internal road.
11. All of the other standard requirements re: Lot Grading, Schedules of Work,
Performances Guarantees, Cost Estimates, etc. , should be included in the
Subdivision Agreement.
12. That prior to final approval, the developer be responsible for initiating
an application for the closure and conveyance of the Simpson Avenue road
allowance abutting Lot #1, in accordance with the Town's Road Closure
Policy.
13. That the developer meet all the requirements of the Public Works
Department, financial and otherwise.
14. That the Owner agrees to satisfy all the requirements, financial and
otherwise, of the Region of Durham.
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15. That any proposed alterations to the existing drainage pattern affecting
Railway property must receive prior concurrence from the Railway and be
substantiated by a Drainage Report to the satisfaction of the Railway.
16. The Owner shall install and maintain at his own expense, a chain link fence
of minimum 1.8 metre (6 feet) height along the mutual property line of the
Railway and the subdivision. This shall require registration of a
maintenance clause on title of affected lots.
17. That all buildings be setback a minimum distance of 14 metres (45 feet)
from the Highway No. 401 property line.
18. That permits be obtained from the Ministry of Transportation for all
buildings and illumination located within 395 metre (1300 feet) of the
centrepoint of Highway 401 and Port Darlington Road.
19. That permits be obtained for all signs located within 400 metres of Highway
401 property line.
20. That a copy of the final lot grading drainage plan, showing existing and
final grades, be submitted to Ontario Hydro for review.
:21. That any costs of relocation or revisions to Ontario Hydro facilities
necessary to accommodate the subdivision be borne by the developer.
22. That easement rights of Ontario Hydro are to be protected and maintained.
23. That Site Plan Agreement be entered into prior to development of each
industrial lot.
Page 3 ATTACHMENT NO. 1 TO REPORT PD-31-88
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-87054
24. That the rezoning be finalized prior to issuance of any building permits.
25. That the Owner covenants and agrees to negotiate a contribution towards the
upgrading/reconstruction of Lake Road from .Port Darlington Road westerly to
Liberty Street.
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DN: 7-88
TOWN OF NEWCASTLE
t
REPORT e
R
Fil
Res. #
��: �• By-Law #
MEETING: General Purpose and Administration Committee
DATE: Monday, January 18, 1988
REPORT #: PD-7-88 FILE #: 18T-87054
SUBJECT: APPLICATION FOR APPROVAL OF PLAN OF SUBDIVISION
MEMPHIS HOLDINGS LIMITED
PART LOT 8, BROKEN FRONT CONC., FORMER TWP. OF DARLINGTON
FILE: 18T-87054
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-7-88 be received; and
2. THAT the Region of Durham be advised that the Town of Newcastle recommends
approval of the draft Plan of Subdivision 18T-87054 dated May, 1987 as
revised in red, subject to the conditions contained in Attachment No. 1 to
this Report; and
3. THAT a copy of Staff Report PD-7-88 be forwarded to the Region of Durham;
and
4. THAT the attached by,-law authorizing execution of a Subdivision Agreement
between Memphis Holdings Limited and the Corporation of the Town of
Newcastle be approved; and
5. THAT the Mayor and Clerk be authorized to execute the Subdivision Agreement
between Memphis Holdings Limited and the Corporation of the Town of
Newcastle at such time as an Agreement has been finalized to the
satisfaction of the Director of Public Works and Director of Planning; and
. . .2
iZ8PORT NO. : PD� PAGE 2
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6. THAT in consideration of the comments provided by the Fire Chief and the
provisions of Section 50(4) (1) of the Planning Act, further
consideration be given to the Town's fire protection services during the
1988 Budget considerations.
BACKGROUND:
on July 28, 1987, the Town of Newcastle was advised by the Region of Durham of
an application for approval of a Plan of Subdivision, submitted by Inducon
Consultants of Canada Ltd., on behalf of Memphis Holdings Limited. The subject
application proposes the creation of nineteen (19) serviced industrial lots on
a 30.86 hectare (76.25 acre) parcel of land. This application was only one of
three received that date for the area known as the South Bowmanville Industrial
Park.
Previously, on July 24, 1987, the Town of Newcastle was advised that an
application had been submitted for an Official Plan Amendment to both the
Durham Regional Official Plan and the town of Newcastle Official Plan. This
application involved the lands covered by the total of the above-noted
subdivision applications, the South Bowmanville Industrial Park. The Official
Plan Amendment was to redesignate the proposed road traversing the industrial
park (Lake Road) , from "Arterial Type B" status to "Collector" status. Council
dealt with this application at a regular meeting of Council on October 13,
1987, at which time approval of the amendment was given, as well the road was
allowed to be constructed to rural standards.
The Official Plan Amendment also sought to redesignate that portion of Lamb's
Road north of Lake Road and accessing Highway 401 from an "Arterial" to a
"Collector". This proposed redesignation was not supported by Staff or Council
and recommendation was made to retain the proposed Lambs Road interchange.
On October 21, 1987, the Town of Newcastle received an application for a Zoning
By-law Amendment to the lands of the South Bowmanville Industrial Park. The
application was submitted by Inducon Consultants, the agent for the above
three subdivision applications. The rezoning is for the removal of the "(H)" f
Holding symbol. This application has° been circulated, however, comments have
not been received from all the agencies involved. Staff note that the " (H)
Holding" symbol will not be removed until a Subdivision Agreement has been j
entered into.
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REPORT NO.: PD-( A � PAGE 3
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1, A-second- rezoning-application--was received-December- 1, 1987. This application
is specific to this subdivision application as it proposes to rezone Lot 1 of
said proposed subdivision from "Light Industrial (M1)" to "General Industrial
(M2)". A Public Meeting and report is scheduled for the General Purpose and
Administration Committee Meeting of January 18, 1988.
.�s previously mentioned Staff are in 'the process of considering three (3)
.subdivision applications for the South Bowmanville Industrial Park (Files:
L8T-87054, 18T-87055 and 18T-87056) . The application presently being
considered is the largest of the three (3) having a total area of 30.86
hectares. The Durham Regional Official Plan designates these lands
"Industrial" as does the Bowmanville Major Urban Area Official Plan, and the
Town of Newcastle Comprehensive Zoning By-law 84-63; as amended, zones the
subject lands "Light Industrial (M1)", "Holding-Light Industrial ((H)M1)", and
"Holding-General Industrial ((H)M2)".
in accordance with departmental procedures, the application has been circulated
to obtain comments from other departments and agencies. Staff would note the
following agencies/departments in providing comments, offered no objections to
the application as submitted:
- Newcastle Hydro Electric Commission
- Newcastle Community Services Department
- Ministry of Natural Resources
The following agencies provided some comments or conditions to the development
of the proposed industrial subdivision.
Canadian National Railway
"Staff at CNR had no objection in principle to the proposed plan of subdivision
provided the following concerns are addressed in the Subdivision Agreement:
1. Any proposed alterations to the existing drainage pattern affecting
Railway property must receive prior concurrence from the Railway and be
substantiated by a Drainage Report to the satisfaction of the Railway.
2. The Owner shall install and maintain at his own expense, a chain link
fence of minimum 1.8 metre (6 feet) height along the mutual property
line."
. ..4
REPORT NO. : PD-7( ' PAGE 4
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Ministry of Transportation
"Ministry Staff have no objection to the proposed development but advise that
all buildings must be set back a minimum distance of 14.0 metres (45 feet)
from Highway 401 property. As well, permits will be required for all buildings
and illumination located within 395 metres (1300 feet) of the centrepoint of
Highway 401 and Port Darlington Road, and for all signs located within 400
metres (1312 feet) of Highway 401 property line."
Ontario Hydro
"The proposed subdivision received no objection from Hydro Staff provided the
following conditions are included in the Subdivision Agreement:
1. A copy of the lot grading and drainage plan, showing existing and final
grades, must be submitted to Ontario Hydro for review;
2. The costs of any relocations or revisions to Ontario Hydro facilities
which are necessary to accommodate this subdivision will be borne by the
developer; and
3. The easement rights of Ontario Hydro are to be protected and maintained."
Durham Regional Public Works Department
"Regional Works Staff note that full municipal services are available to the
proposed subdivision, therefore they have no objections to the development of
this plan, providing the usual Regional Work's conditions regarding financing
and servicing are incorporated in the Subdivision Agreement."
Town of Newcastle Public Works Department
"Public Works Staff had no objections to the proposed industrial subdivision
pcovided that the following issues or concerns are addressed either through
design revisions or Subdivision Agreement:
rural road cross-section, maintenance and aesthetics; utility corridors and
easements; transportation links; road reconstruction and financing; and
preparation of a Storm Drainage Report addressing concerns of this site."
Town of Newcastle Fire Department
"This Department would note an objection to the above-headed plan. It is of
concern to us, how this part-time Fire Department (4 full time) will be able to
maintain a high level of efficiency, given the amount of development going on
in this municipality.
If this plan is approved, it is recommended that no building permits be issued
until access routes comply with Subsection 3.2.5.2(6) of The Ontario Building
code. As well, sufficient water supplies for firefighting must be available in
accordance with Subsection 3.2.5.3 of the Ontario Building code."
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REPORT NO. : PD-( 8 PAGE 5
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STAFF COMMENTS:
To date of writing this report, comments have not been received from the
Central Lake Ontario Conservation Authority or the Ministry of Environment.
Staff note however, comments obtained from Ministry of Environment Staff on the
two adjoining subdivision applications (18T-87055 and 18T-87056) , received no
objection from said agency.
Discussions pertaining to the development of the subject lands have been
ongoing between the land owner (Memphis Holdings Limited) , the Agent (Inducon) ,
the Region, and the Town for the past year. To date, aggrement has been
reached on the status of the Lake Road and the standards to which it will be
developed. Council previously dealt with this through Official Plan Amendment,
at which time it was recommended to the Region that Lake Road be redesignated
as a collector and be developed to rural standards.
Recommendations were also made at that point regarding Lambs Road redesignation
as mentioned earlier. Discussions are still ongoing as to the benefits of
developing a full interchange at Lambs Road and Highway 401 as opposed to
upgrading Bennett Road to a full interchange. However, although development of
a full interchange is important to accessability of this subdivision and the
industrial park, the actual location of the interchange does not effect this
subdivision application as any lands required to accommodate access ramps will
be east of the subject site. This development can therefore be considered
prior to actually finalizing the interchange location and design.
Comments submitted by both the Canadian National Railway and Ontario Hydra
raised concerns regarding lot grading and drainage of the subject lands. The
Town's Public Works Department identified these same concerns in their
preliminary review and requested a report be undertaken to address the issues
and methods of alleviating the problems. Upon reviewing the drainage report,
Public Works Staff are in agreement with the principle issues of said report
and further agree there may be two methods of dealing with surface drainage.
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REPORT N PAGE 6 O. : PD- �✓ U
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However, further studies will be required in order to analyze which method is
i more acceptable and will have the least impact.
Transportion links to be addressed include the design of the Lake Road and Port
Darlington Road intersection at the western edge of the subject site, as well
as the re-aligning of Lake Road west of the site. Staff note that the Mearns
Avenue road allowance which bisects the subject lands has been closed by By-law
No. 1642, and the Smart Plan which comprised the western half of the plan has
been closed by Judges Order No. 3095.
Additionally, Staff have included within the conditions of draft approval
prepared for Committee's consideration, a condition whereby the Owner covenants
and agrees to negotiate a contribution towards the upgrading/reconstruction of
Lake Drive from Liberty Street easterly to Port Darlington Road, being the
entrance to the proposed industrial development. Staff would note for the
Committee's consideration that the applicant does not concur with the position.
Staff are of the opinion that, in consideration of the potential use of Lake
Road to service the development, the condition as noted is warranted.
The comments of the Fire Chief cause Planning Staff particular concern, and in
our opinion, they warrant specific attention by Council. Section 50(4) of the
Planning Act requires Council to have regard for a number of matters when
considering a draft plan of subdivision. In particular, it requires Council to
have regard to the "health, safety, convenience and welfare of present and
future inhabitants of the local municipality."
In addition, Subsection (i) specifically references the adequacy of utilities
and municipal services. In view of the concerns about fire protection
services, we would not normally be in a position to recommend approval of the
application given the potential demands on fire protection services. However,
in view of prior approvals granted by Council, expenditures for servicing the
lands and Council's expressed priorities for industrial development, we
recommend approval contingent upon Council reviewing further the implications
to fire protection services.
In consideration of the foregoing comments, Planning Staff would have no
objections to the approval of the Plan of Subdivision 18T-87054, as red-lined
REPORT NO.: PD-7-88 PAGE 7
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revised and subject to the conditions of draft approval on Attachment No. 1
annexed hereto and the recommendations related thereto.
Respectfully submitted, Recommended for presentation
r wren'ye Kotseff
Ed ar , M.C.I.P.Directo f Planning Chief strative Officer
CP*TTE*jip
*Attach.
December 11, 1987
CC: Memphis Holdings Ltd. CC: Inducon Consultants of Canada
805 Lakeshore Blvd. E. Mr. R.J. Brown
TORONTO, Ontario 235 Yorkland Blvd.
M4M 1B2 NORTH YORK, Ontario
M2J 4Y8
ATTACHMENT NO. 1 TO REPORT PD-7-88
TOWN OF NhVCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T•-87054
1. That this approval shall apply to a draft Plan or Subdivision 18T-87054,
prepared by Inducon Consultants of Canada Ltd., identified as their Drawing
No. 4027-SK-40, dated May, 1987, which is revised in red as per attached
plan showing nineteen (19) industrial lots.
2. That the Owner enter into a Subdivision Agreement with the Town of
Newcastle in respect of the subject plan which shall include, in addition
to the Town's Standard requirements, specific provisions with respect to
the following Conditions 3 to 25, all inclusive.
3. That all works are completed in accordance with the Town of Newcastle's
Design Criteria and Standard Drawings and to the satisfaction of the
Director of Public Works. In addition, the engineering design of the rural
roadways shall incorporate and address Public Works Staff's concerns
regarding the maintenance and aesthetics of a rural roadway (ie. minimum 2%
ditch grade, flatter sideslopes, and backslopes etc.) . A typical rural
road cross-section to the satisfaction and approval of the Director of
Public Works shall be prepared that addresses the above concerns.
4. That any easements required by the Town be granted free and clear of any
encumbrances.
5. That the impact of this development on the existing Town road system which
form a transportation link to Regional Road 14, Highway 401 and Highway 2
be assessed and based on the above, the developer should contribute to the
reconstruction of the roads impacted by this development to the
satisfaction of the Director of Public Works. cC�jzfn�
,,,A ' Cfvi o f v
6. That the road allowance width be adjusted to flect a rural road R.O.W. -30
um, and a rural cul-de-sac R.O.W. be-iereasec�-te 'gym- adios
and that sight triangles at all intersections are provided accordingly.
7. That this development is serviced with utilities in a manner acceptable to
the Director of Public Works (i.e.- utility corridor on easement) .
8. That storm drainage and lot grading be undertaken to the satisfaction of
the Director of Public Works.
9. That the developer bear the costs (100% of the following works which would
be necessitated as a result of this development:
(a) the complete reconstruction of the intersection of the existing Lake
Road, Port Darlington Road, and the proposed Lake Road extension;
(b) that the horizontal alignment of the Lake Road extension be revised
to provide a smooth transition from the proposed Lake Road to the
existing;
(c) the illumination or upgrading of existing illumination of the existing
Lake Road to Regional Road 14.
. . .2
�Ui
III
Page 2 of ATTACHMENT NO. 1 TO REPORT PD-7-88
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-87054
10. That the developer contributes 50% of the costs 0of reconstructing Port
Darlington Road for the frontage of Lo 19 s
11. That 0.3 metre reserves are placed on Lot 18 to restrict access to the
internal road.
1.2. All of the other standard requirements re: Lot Grading, Schedules of Work,
Performances Guarantees, Cost Estimates, etc., should be included in the
Subdivision Agreement.
13. That prior to final approval, the developer be responsible for initiating
an application for the closure and conveyance of the Simpson Avenue road
allowance abutting Lot #1, in accordance with the Town's Road Closure
Policy.
14. That the developer meet all the requirements of the Public Works
Department, financial and otherwise.
15. That the Owner agrees to satisfy all the requirements, financial and
otherwise, of the Region of Durham.
16. That any proposed alterations to the existing drainage pattern affecting
Railway property must receive prior concurrence from the Railway and be
substantiated by a Drainage Report to the satisfaction of the Railway.
17. The Owner shall install and maintain at his own expense, a chain link fence
of minimum 1.8 metre (6 feet) height along the mutual property line. This
shall require registration of a maintenance clause on title of affected
lots.
18. That all buildings be setback a minimum distance of 14 metres (45 feet)
from the Highway No. 401 property line.
19. That permits be obtained from the Ministry of Transportation for all
buildings and illumination located within 395 metre (1300 feet) of the
centrepoint of Highway 401 and Port Darlington Road.
20. That permits be obtained for all signs located within 400 metres of Highway
401 property line.
21. That a copy of the final lot grading drainage plan, showing existing and
final grades, be submitted to Ontario Hydro for review.
22. That any costs of relocation or revisions to Ontario Hydro facilities
necessary to accommodate the subdivision be borne by the developer.
23. That easement rights of Ontario Hydro are to be protected and maintained.
24. That Site Plan Agreement be entered into prior to development of each
industrial lot.
Page 3 ATTACHMENT NO. 1 TO REPORT PD-7-88
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-87054
25. That the rezoning be finalized prior to issuance of any building permits.
26. That the Owner covenants and agrees to negotiate a contribution towards the
upgrading/reconstruction of Lake Road from Port Darlington Road westerly to
Liberty Street.
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