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HomeMy WebLinkAboutPD-103-88 Addendum D0: PD-l03 UNFINISHED BUSINESS � TOWN OF NEWCASTLE � � �0DT ^` ^-' °° ' File � s» IT Res. `�10 8v-Law # METING: COUNCIL -V ' - / DATE: Monday, June 13x 1988 REPORT #: ADDENDUM TO PD-103-88FJUc #: I8T-87034 6 I8T-87040 AND PD-106-88 �-------- aumu[l.T: APPLICATION FOR SUBDIVISION APPROVALS KIDDICOBP INVESTMENTS LTD. OUR FILES: I8T-87034 (PD-I03-88) AND I8T-87040 (PD-108-88) RECOMMENDATIONS: It is respectfully recommended to Council the following: l. THAT Addendum to Reports PD-103-88 6 DD-106-88 be received; and 2. THAT Reports 9U-103-88 and PD-106-88 be lifted from table; and 3. THAT the recommendations contained in Reports PD-I03-88 and 0}-I06-88 be approved subject to a new Condition 0n. 28 be added to Plan of Subdivision I8T-87034 (PD-I03-88) to read as follows: "That if any pact of this subdivision drains into the Couctioe Heights storm water system, the Owner shall reimburse Courtine Heights Developments for its share of the costs of the said Storm Water Drainage System". 4. THAT Mr. Manson be advised of Council's decision. I. BACKGROUND: 1.1 At its meeting on May 30' 1988, Council tabled Reports PD-I03-88 and PD-106-88 and directed Staff to review the matter of exchange of table lands. .. .2 ADDENDUM TO REPORT PD-103-88 and PD-106-88 PAGE 2 ------------------------------------------------------ 1.2 By letter dated May 24, 1988 (copy attached) , Mr. W.D. Manson representing Courtice Heights Developments drew to Staff's attention that the table land the Town proposed to exchange with Kiddicorp was purchased out of OHAP loans which Courtice Heights is responsible for reimbursing the Town. Therefore, Mr. Manson is requesting that the value of this table land be credited to Courtice Heights Developments. 2. COMMENTS: 2.1 The excess table land was purchased by the Town from the Balson estate as I Part of the storm drainage system required to service Courtice Heights Developments subdivision. The Town secured interest free loans of I $500,000. from OHAP and Ontario Hydro for the said storm drainage work. As this drainage work is required for Courtice Heights Developments, the subdivision agreement required financial commitment from Courtice Heights to repay the municipality for the storm drainage work. 2.2 The table land is excess to the storm drainage system and could be used and developed as a park. Kiddicorp's proposed subdivision abuts this table land. In order to secure a large area for park development within the Kiddicorp subdivision and to have such a park located in a central location, Staff felt that this table land could perhaps be melded with the subdivision park to achieve a larger park. As a result, the land exchange I was negotiated with Kiddicorp. I I 2.3 Staff met with Mr. Manson in an effort to resolve this matter. No conclusion nor agreement was reached. Basically, Mr. Manson is of the opinion the land is developable and therefore, should be assessed accordingly and be credited to Courtice Heights Developments which is I committed to complete the storm Drainage System. I 2.4 Staff is of the opinion that this table land is owned by the municipality outright and that there are no specific conditions in its Agreement with i Courtice Height with respect to the excess table land. Therefore the Town has the right to dispose of this table land in the interest of the municipality. .. .3 ADDENDUM T3 REPORT P}-103-88 and PD-106-88- PAGE 3 ------------------------------------------------------------------------------- Even if it can be determined through the court of law that Cooctice Heights may have a legitimate claim, Staff is of the opinion that the land value should be determined and assessed based on undeveloped parkland status. It should be noted that the Town is not in the land development business and is merely moving the location of this table lam] to another location to be developed for park purposes. 2.5 With respect to the issue of storm water from the Kiddinncp subdivision draining into the Coortioe Heights Storm Drainage System, staff is recommending a new condition of approval be added to require Kiddioorp to compensate CVortice Heights Developments in the event that part of Kiddtcorp`a land drains into the Cooctioe Heights drainage system. 2.6 Staff will maintain continuous dialogue with Mr. Manson in the hope of arriving at a mutually acceptable solution. In the meantime, we do not feel that the concerns raised by Mr. Mooaoo constitute substantial grounds to delay the approval of the Kiddicozpva subdivision and the proposed lam] exchange between the Town and Ktddicorfz. If Mr. Manson is not satisfied with the decision of Council on this matter' be can either pocooe this matter either through the court and/or request the Region to refer the Kiddinozp subdivision to the Ontario xumioigmI Board. 2.7 This report has been discussed with the Director of Community Services / | and Director of Public Works who concur with the recommendations contained herein. Respectfully submitted, Recommended for presentation to the Committee / | Franklin Wu ` �---------- � Lawrence E. Kotseff Director of Planning 6 Development Administrative Officer FK* 'ip *Attach. May 6, 1988 | i 20 Clematis Road con" t(tan t5 Wiliowdale,Ontario M2J 4X2 Tel.(416)4974500 May 24, 1988 Mr. Larry Kotseff Chief Administrative Officer The Corporation of the Town of Newcastle 40 Temperance Street Bowmanville, Ontario LiC 3A6 Dear Mr. Kotseff: Re : Subdivision 1BT87034 Kiddicorp Investments Part of Lots 33 & 34 Concession 2 Former Twp. of Darlington We have reviewed report PD 103-88 concerning the aforementioned proposed draft plan of subdivision which was approved by the Town' s GPA Committee at its May 16, 1988 meeting. We have concerns about Recommendations 2, 6, and 7 of that report. Land Exchange Recommendations 6 and 7 contemplate the exchange of 1 .282 Hectares of table land ( located to the north of and immediately abutting the north limit of the developer' s lands) for the over-dedication of parkland provided by Kiddicorp through application 18T87034. As we understand the proposed arrangement, the developer is providing 'a 3.15 Hectare ( 7.78 acres) park block which represents a 1.66 Hectare (4.10 acres) over-dedication of park area beyond the 5 per cent required under The Planning Act. In order to partially compensate Kiddicorp for this over-dedication, the developer is being allowed a 0.64 Hectare ( 1 . 58 acre) credit for park dedication due from his adjacent subdivision 18T87040. To compensate Kiddicorp for the balance of the over-dedication of 1 .027 Hectares (ie 1 .66 Ha less 0.64 Ha) , the Town will provide the Town of Newcastle May 24, 1988 Page 2 developer with 1.282 Hectares of developable municipal land . This would in fact be. over compensating the developer by 0.255 Hectare's ( le 1 .282 'Ha Less 1 .027 Ha) or 0.630 acres. In return for this over compensation by the Town, it appears that Kiddicorp will outfit the park with all the playing components associated with two baseball diamonds, one soccer pitch, and a children' s playground at no cost to the municipality. The owners of Courtice Heights Developments subdivision 18T76027 would remind the Town that the 1.282 Hectares of land that the municipality is planning to give Kiddicorp Is part of the original purchase by the Town for the external storm drainage facility serving the watershed within which subdivision 18T76027 is located`. As you may be aware, the storm drainage facility lands were purchased from the Hanaka' s, Dr. King, and the Balsan estate. In a September 15, 1981 meeting with Mr. D. Smith, then Town Administrator, which was convened to discuss the excessive costs associated with the construction of the complete storm water outfall facilities, it was indicated to me that the Town had purchased from the Balsan estate an area greater than that required for storm drainage purposes. Mr. Smith indicated that 9 .427 acres ( Parts 1-4 Reference Plan 1361 ) were purchased 'whereas on"Iy, 2. 593 acres (Part 1 ) were necessary. Reportedly, part of the additional 6 .834 acres of land were developable. The additional lands were purchased because the Balsan estate convinced the Town that these lands were landlocked. The pu:�-chse price of all the lands necessary for the storm drainage works as well as these additional lands was included in the $500, 000 of interest free loans ($350,000 from OHAP and 0150, 000 from Ontario Hydro) that were used by the Town to offset the various costs associated with the construction of the first stage of the storm drainage facilities. The Town in turn made Courtice Heights Developments responsible for reimbursing the municipality for the entire $500,000 worth of repayments. We respectfully suggest that since the excess storm drainage facility lands purchased by the Town are developable, then the current market value of such lands should be credited to offset the $500,000 debt incurred in Stage 1 of the storm drainage pro3ect. This would reduce the i I i I Town of Newcastle May 24, 1988 Page 3 debt load currently being carried by Courtice Heights. We do not feel it is appropriate for the Town to arbitrarily use excess storm drainage lands which Courtice Heights Developments is paying for to subsidize the acquisition and development of parkland in the Kiddicorp subdivision without addressing the matter of compensation to Courtice Heights . Reimbursement of Over-sizing Costs Recommendation 2 contemplates the approval of the set of draft conditions shown in Attachment 1 of Report PD-103-88. Proposed Condition 19 sets out Kiddicorp' s obligations to reimburse Gatehouse Holdings for over- sizing of the Gatehouse storm water detention pond which accepts upstream post-development flows from Kiddicorp lands . Although final engineering design has not been done, it is anticipated that post-development flows from Kiddicorp lands will also be directed to the Courtice Heights storm water detention pond. This statement is made from a review of a July 1981 map prepared by Totten Sims Hubicki entitled "Town of B owmanville Storm Sewer Construction - Project No. 5078 Courtice Heights Watershed and Sub-drainage Areas" . This map shows a drainage shed for the Courtice Heights pond which includes some Kiddicorp lands. In view of this, we would respectfully request that provisions be made in the conditions of draft approval for Kiddicorp to reimburse Courtice Heights for over-sizing as has been done for Gatehouse Holdings. Yours/truly, William D. Manson em I i i I i ",•DN: 103-88 CP� TOWN OF NEWCASTLE / <�C REPORT File # i r� Res_ # By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, May 16, 1988 REPORT #: PD-103-88 FILE #: 18T-87034 and DEV 87-42 SU&JECT: APPLICATION FOR SUBDIVISION APPROVAL - KIDDICORP INVESTMENTS (FORMERLY AKAL CONSTRUCTION LIMITED) PART LOTS 33 & 34, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILE: 18T•-87034 and DEV 87-42 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: I 1. THAT Report PD-103-88 be received; and 2. THAT the Region of Durham be advised that the Town of Newcastle recommends approval of proposed draft plan of Subdivision 18T-87034 dated April 14, 1987 as revised in red, and attached hereto, subject to the conditions contained in Attachment No. 1 hereto; and i 3. THAT the proposed Zoning By-law Amendment to the Town of Newcastle j Comprehensive Zoning By-law, as amended, for removal of the "Holding" symbol be deferred pending execution of a Subdivision Agreement; and 4. THAT the attached by-law authorizing execution of a Subdivision Agreement between Kiddicorp Investments 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 Kiddicorp Investments Limited and the Corporation of the Town of Newcastle at such time as an Agreement has been finalized to the satisfaction I of the Director of Public Works and Director of Planning; and . ..2 � REPORT NO. : PD-103 C-88 PAGE 2 / --------------------------------------------------- 6. THAT Council approve the exchange of lands (1.282 ha of Town owned table lands) for the overdedication of parkland provided by the applicant through application 18T-87034, and that the appropriate Offers of Purchase and Sale and subsequent registration be completed at the applicant's expense; and 7. THAT the Mayor and Clerk be authorized to execute the Purchase and Sale Agreement and subsequent registration between Kiddicorp Investments Limited and the Corporation of the Town of Newcastle; and 8. THAT a copy of Report PD-103-88 be forwarded to the Region of Durham. BACKGROUND AND COMMENTS: On May 12, 1987, the Town of Newcastle Planning and Development Department was advised by the Region of Durham of an application for approval of a Plan of Subdivision submitted by Akal Construction Limited (now owned by Kiddicorp Ltd.) . The subject application has been revised, and proposes the creation of Two Hundred and Thirty-three (233) single family dwellings, Seventy (70) semi- detached dwellings on 35 lots, a 3.15 ha (7.78 acre) park block and a .58 ha (1.43 acre) contribution towards a future school block. This development is proposed for a 29.76 ha (73.54 acre) parcel of land between Prestonvale Road and Townline Road, and north of the proposed Bloor Street extension (see attached plan) . On May 12, 1987, the Town of Newcastle also received an application for an amendment to the Town of Newcastle Comprehensive zoning By-law, as amended. The proposed rezoning would allow the above-noted development by removing the "Holding (H)" symbol on the "Holding - Urban Residential Type One ((H)R1)" zone and rezoning the northwest corner from "Environmental Protection (EP)" zone to "Urban Residential Type One (Rl)" zone. . . .3 __1 (A! REPORT NO. : PD-103-88 PAGE 3 ------------------------------------------------------------ A Public Meeting regarding the above-mentioned rezoning application was held Monday, June 29, 1987. The report to the General Purpose and Administration committee Meeting recommended referral back to Staff for further processing and a subsequent report upon receipt of all outstanding comments. Residents at the meeting spoke in opposition to the proposed development and as well, they requested the developer to construct all roads on his lands and that none of the streets be dead-ends. Staff note that letters objecting to the proposed development were filed by all the residents fronting onto Prestonvale Road and adjacent to the said application. Staff note that on October 16, 1987, a revised plan was submitted by the applicant. The revisions were dated September 19, 1987 and dealt with the northwest corner of the proposal affected by the "Environmental Protection (EP)" zone. The revision removed Lots 197 and 198 and re-aligned Lots 194 to 196. On Monday, February 15, 1988, the General Purpose and Administration Committee received Report PD-21-88, in which Staff recommended approval of the proposed subdivision application. Council, the following Monday, upon reviewing said report and hearing the various delegations in opposition to the application, resolved to table the report until such time that the applicant could meet with Planning Staff, the residents, and Council to rectify the concerns expressed, regarding the proposed roads outside the applicant's land holdings. A meeting was held Wednesday, March 16, 1988 and attended by a number of residents, the applicant and his agent, two (2) representatives from Council, and two members of Planning Staff. Seven (7) options were presented at the meeting with regards to future road patterns (see attached) . After much discussion, Option 'B' was looked upon as being the most preferred by the majority of residents. This option allows for future redevelopment of the rear yards of the larger lots fronting Prestonvale Road, without impacting as significantly on the existing dwellings. Development on said proposed road is not crucial to the success of this application, and dead end streets leading to the residents' property are not formed. Staff further note development of said . . .4 REPORT NO. : PD-103-88 PAGE 4 --------------------------------------------------------- proposed road and lots, can only take place if the affected resident is willing to sever and sell the necessary lands. Option 'B' as mentioned above, is the proposal now before Committee. The subject subdivision is one of two (2) proposed by the applicant within the Courtice Area. The other proposal is adjacent to the west of said proposal and is File: 18T-87040. Due to the relatively minor revisions to the proposal, Staff circulated the revised Plan to the Town's Public Works Department only. Agency comments are contained in the previous Report (PD-21-88) , which is attached for information purposes. Some of the concerns identified during the first circulation, have been addressed through the revision. However, for the most part, the comments remain relevant. Community Services Staff through their discussions with the developer have reached an understanding with respect to the parkland dedication. Therefore, subsequent to previous comments which had requested a Park Site Master Plan; Grading and Sodding; Vegetative planting; water and sewer hook-ups; and fencing and signage, Community Services Staff recommend that, in lieu of parkland over dedication, the Town exchange ownership of 1.282 ha (3.16 acres) parcel of table lands which abut this subdivision to the north. In addition to this understanding, the developer also agrees to supply and install all playfield components involved with two baseball diamonds, one soccer pitch and a childrens playground at no cost to the municipality. Specifically: Two (2) backstops with associated fencing; One (1) set of soccer goal posts; and a complete set of playground equipment. All to be installed at such time when 25% of the total number of building lots have been sold. It was further noted that standard parkland requirements outlined in the Subdivision Agreement remain applicable. .. .5 REPORT NO. : PD-103-88 PAGE 5 ------------------------------------------------------------ STAFF COMMENTS: In reviewing the revised Plan, Staff note residents' concerns with regard to proposed road extension appears to have been satisfied. The revisions allow rear yard severance potential for all lots fronting on Prestonvale, without negatively impacting on existing dwellings and lot sizes. The importance of a proposed road is to utilize residential .lands in the most effective manner, while maintaining good planning design and principles. Staff note that should the abutting lands not be accommodated at this time, the possibilities of land consolidation and a development proposed from Prestonvale Road could be submitted. Planning Staff are satisfied that the subject application (Scheme B) provides for the appropriate future development of abutting lands and therefore support the proposed Plan. Ministry of Natural Resources concerns regarding grading site drainage and soil erosion were similar to issues expressed by the Central Lake Ontario Conservation Authority. Both agencies have requested a site drainage and soil erosion plan be submitted prior to grading and construction. The Town of Newcastle Public Works Staff have also required a Site Servicing Report be prepared to address the servicing needs of the development. Central Lake Ontario Conservation Authority's comments noted that some of the area of Lot 193 exhibits steep slopes and intrudes into the valley area and cannot be supported for residential development. In response to Central Lake Ontario Conservation Authority's concern regarding the "EP" zone and lots proposed in or adjacent to it, Staff feel a further red-line revision to the applicant's revision is necessary, eliminating Lot 193 and enlarging Block 283 for possible future development. i i .. .6 i REPORT NO. : PD-103-88 PAGE 6 ----------------------------------------------------------- Planning Staff are in concurrence with Public Works' concern regarding traffic generated from this development and its impact on Prestonvale Road and any future reconstruction required as expressed in Staff's previous Report PD-21-88. Staff agree this impact should be assessed and the developer be responsible for the appropriate share of the road upgrading costs. This concern is addressed in Condition No. 15 on Attachment No. 1 to this Report. The proposed Plan has been reviewed for compliance to density, and it is found to be at 16.5 units per net residential hectare. The Newcastle Official Plan allows a maximum of 15.0 units per net residential hectare, for areas designated low density residential. This most westerly neighbourhood within the Courtice South Neighbourhood has a population accommodation projection of 3600. Official Plan policies allow a.variation of up to 10% if it is considered warranted and will not adversely affect the intent of the Official Plan. Staff have calculated the total population for the subject neighbourhood, as being approximately 3000 (includes existing, proposed plans, and potential development) . Given the above information and the fact that the I proposal complies with the "Urban Residential Type One (Rl)" zone category, Staff does not have difficulty with the proposed density. As noted earlier the Park Block proposed for this application is 3.15 ha (7.78 acres) and is adjoining the proposed school block. This design is consistent with Town Official Plan policies. Staff further note Section 50.5 of the Planning Act allows a municipality to request a parkland dedication or a cash- in-lieu of parkland contribution to a maximum of five percent (5%) of lands included in the proposed draft plan. This policy is further re-inforced in the Town's Official Plan. The subject park block (3.15 ha) represents 10.580 of the lands in the proposed subdivision. This results in an over dedication of 5.58% or 1.66 ha (4.10 acres) . Both Planning Staff and Community Services Staff are in favour of the larger park area. This larger configuration better reflects the policies Of the Newcastle Official Plan (Darlington Planning Area) , as Section .. .7 i REPORT NO.: PD-103-88 PAGE 7 ---------------------------------------------------------------- 6.3.2(iii) (a) states: "Neighbourhood parks shall not normally be less than 3 hectares in size." Due to the large over dedication (1.66 ha) of said park block, the applicant is requesting the over-sized park block be utilized in calculating parkland dedication requirements of the adjacent subdivision proposal (18T-87040) . This application also requires a five percent (5%) parkland dedication which amounts to 0.64 ha (1.58 acres) . Should this requirement be subtracted from the over dedication proposed to be provided through application 18T-87034, there still remains an over-sizing of 1.03 ha (2.55 acres) . Due to the fact that the proposals are adjacent, Staff have no difficulty in allowing this request, as the intent of the Neighbourhood Plan is not compromised. It is further noted that Community Services Staff, in their comments on Plan 18T-87040, recommend that cash-in-lieu of parkland dedication be waived, in lieu of the park oversizing in application 18T-87034. During discussions with the applicant it has been brought to Staff's attention, that the Town owns land abutting the northern boundary of said proposal, 1.282 ha (3.16 acres) of which is developable table lands (see Attachment #4) . The applicant has enquired as to the possibility of exchanging this 1.282 ha parcel of land for the balance of the over-sized parkland provided in the subject plan (1.027 ha) . Given the fact the lands are zoned the same, of a similar size and in relative proximity to each other, they may be considered to be of comparable value. j As noted earlier, Staff of the Community Services Department have reached an understanding with the developer in respect to the parkland dedication and the recreational development thereof, and have recommended that in lieu of the parkland oversizing, the Town exchange ownership of the said 1.282 ha parcel of developable table lands. I . . .8 i I I i REPORT NO. : PD-103( ,, PAGE 8 t\. -------------------------------------------------------------------- Given the above information, Staff recommend draft approval of the proposed subdivision as red-lined revised; exchange of Town owned lands for the over dedication and servicing of parkland; and deferral of the Zoning By-law Amendment to remove the "Holding (H)" symbol. Staff note that, without the necessary amendment to the Zoning By-law, implementation of the plan is prevented. Respectfully submitted, Recommended for presentation to the Committee / --- ------- ----------------------------- L.D. Tay or Lawrence E. Kotseff Deputy Director of Planning Chief Administrative Officer CP*LTD*jip CC: Norman Hanaka *Attach. 2528 Prestonvale Road April 25, 1988 R.R. #2 BOWMANVILLE, Ontario CC: Kiddicorp Investments L1C 3K3 1748 Baseline Road Group 10, Box 7, R.R. #2 Wilfred & Erika Robra BOWMANVILLE, Ont. L1C 3K3 2424 Prestonvale Road R.R. #4 D.G. Biddle & Associates OSHAWA, Ontario L1H 7K6 96 King Street East OSHAWA, Ontario L1H 1B6 Peter & Marie Heavysege 2362 Prestonvale Road R.R. #4 Gil & Helen Roussy OSHAWA, Ontario 2370 Prestonvale Road R.R. #4 Paul & Rita Ramlal OSHAWA, Ontario L1H 7K6 2406 Prestonvale Road R.R. #4 Mr. John Russel DeCoe OSHAWA, Ontario 2500 Prestonvale Road L1H 7K6 R.R. #2 BOWMANVILLE, Ontario L1C 3K3 Martha J. Penfound R.R. #4 Mr. Dave Simon Prestonvale Road 2418 Prestonvale Road OSHAWA, Ontario R.R. #4 L1H 7K6 OSHAWA, Ontario L1H 7K6 Robert & Lynda Todd 2218 Prestonvale Road Mr. William Hunter R.R. #2 2446 Prestonvale Road BOWMANVILLE, Ontario R.R. #2 L1C 3K3 BOWMANVILLE, Ontario L1C 3K3 Gail and Gifford MacKenzie Andrew Manahan 2394 Prestonvale Road Ross Lloyd Enterprises Ltd. R.R. #4 5659 McAdam Road, Unit C1 OSHAWA, Ontario MISSISSAUGA, Ontario L4Z 1N9 L1H 7K6 ATTACHMENT NO: 1 TO REPORT PD-103-88 TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL SUBDIVISION APPLICATION 18T-87034 1. This approval shall apply to a draft Plan of Subdivision 18T-87034 prepared by D.G. Biddle and Associates Limited, dated April 14, 1987, which is revised in red as per the attached plan showing 233 lots for single family dwellings, 35 lots for semi-detached dwellings, a school block, a park, Open Space Block and Blocks reserved for future development. 2. The developer shall 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 27, all inclusive. 3. That all works are completed in accordance with the Town of Newcastle's Design Criteria and Standard drawings. 4. That any easements required by the Town be granted free and clear of all encumbrances. 5. That a Master Park/School Site Plan for Block 286 be prepared, at the Developer's expense, to the satisfaction of the Director of Community Services and the appropriate School Board. Furthermore, the developer agrees to supply and install all playground components to the satisfaction of the Director of Community Services. Said equipment shall include: Two (2) Backstops with associated fencing; and One (1) set of soccer goal posts; and a complete set of playground equipment. i 6. That Grading and sodding; fencing; vegetative planting; and water and sewer installation to the park block be undertaken to the satisfaction of the Director of Community Services and at the expense of the developer with any oversizing to be reimbursed through the Town's standard endeavour to collect agreement. 7. That a sign identifying the name of the park be erected at the developer's expense in a location approved by the Director of Community Services. 8. That the 0.3m reserves be dedicated to the Town as shown in red on the draft plan. 9. That the utility distribution on the internal streets (Hydro, Bell, Cable TV, etc.) be installed underground and that all secondary services for the proposed lots be underground. 10. That the developer dedicate a 1.25 metre road widening across the frontage of Prestonvale Road. I 11. That the developer shall be responsible for reconstructing the complete intersection of Glenabbey Drive and Prestonvale Road to the satisfaction of the Director of Public Works. 12. That the alignment of the intersection between Glenabbey Drive and Prestonvale Road be revised to as close as possible to a 90 degree intersection to the satisfaction of the Director of Public Works. . . .2 Page 2 of ATTACHMENT NO. 1 TO REPORT PD-103-88 TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL SUBDIVISION APPLICATION 18T-87034 13. That prior to final approval, the developer's .Engineer prepare a Site Servicing Report to the satisfaction of the Director of Public Works that address the servicing needs of this development (i.e. storm drainage, preliminary road grades, etc.) . 14. That no Building Permits for Lots 27, 28, 29, 120 and 121 shall be available until such time that temporary turning circles are eliminated through extension of the urban road sections adjacent to same. 15. That the impact of the traffic onto Prestonvale Road generated from this development is assessed to the satisfaction of the Director of Public Works, and an appropriate share of the future reconstruction of Prestonvale Road based on the above be contributed to the Town of Newcastle. 16. That the development of these lands are phased in a manner acceptable to the Town. 17. That sight triangles (4.5m x 4.5m) be provided at all intersecting roads. 18. All of the other standards requirements re: Lot Grading, Schedules of Work, Performances Guarantees, Cost Estimates, etc., shall be met by the developer. 19. That, in accordance with the Town's Subdivision Agreement with Gatehouse Holdings, the Town will endeavour to reimburse Gatehouse Holdings for the oversizing of the Gatehouse Detention Pond which accepts all upstream post development runoff. The drainage from Plan 18T-87034 lies upstream from this facility and accordingly, their share of the costs of the detention pond shall be reimbursed to Gatehouse Holdings. The actual costs will be determined at a later date through negotiation of the Subdivision Agreement. 20. That the developer meet all of the requirements of the Durham Regional Public Works Department. 21. Prior to any grading or construction on the site, the Owner shall prepare a site drainage and soil erosion control plan, which shall be acceptable to the Ministry of Natural Resources, C.L.O.C.A. , and the Town of Newcastle. This Plan will show all proposed surface drainage works and will describe the proposed means to minimize soil erosion and the direct discharge of stormwater into Farewell Creek, both during and after construction. 22. The draft plan shall be amended as indicated in red on the attached copy, effectively removing Lot 193 and adding part thereof to Block 283 for future development. . . .3 i Page 3 of ATTACHMENT NO. 1 TO REPORT PD-103-88 TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL SUBDIVISION APPLICATION 18T-87034 23. Block 291, as expanded in accordance with Condition 22 above, shall be zoned to prohibit buildings or structures other than those required for erosion control. 24. Prior to the commencement of site preparation, including the rough grading of roads, the Owner shall obtain C.L.O.C.A. approval of a phased grading and erosion control plan which indicates area grading and provides for the on-site containment of sedimentation. 25. The Owner shall agree in the Subdivision Agreement to carry-out or cause to be carried-out in accordance with C.L.O.C.A. approval: a) grading, filling and sedimentation control; and b) the storm run-off control plan for the site. 26. That no building permits be issued until access routes meet Subsection 3.2.5.2(6) of the Ontario Building Code and until watermains and hydrants are fully serviced. 27. That during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. i I . r LOT 34 CONCESSION 2 t , t 10 so zo �V 3°38�ZoE P' II LOT 35 �I i O 34 LOT 33 oloslaosevAREA TO BE TRANSFERRED �I ( 1 . 282 ha) �IMAREA OWNED BY TOWN ' ""t I,EGG ES REG.PIINYtl I <CCH ABBEY RO.W O l WHBCBAY CRES(FH( '^�'^ VJ I BCOM W � Z i v I acw•L�Hwo-zz _ - I AREA TO BE TRANSFERRED ® AREA OF GRAFT PLAN � ATTACHMENT 4 ® ADDITIONAL LANDS OWNED BY APPLICANT -=jj �- ATTACHMENT + 3 i REVISEO PLAN cc t54 t. Iz- _�- ,c�����=`=, DN: B/L THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 88- being a By-law to authorize the entering into of an Agreement with Kiddicorp Investments 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 Kiddicorp Investments 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 Agreement. 3. THAT Schedule "X" attached hereto forms part of this By-law. BY-LAW read a first time this day of 1988 BY-LAW read a second time this day of 1988 BY-LAW read a third time and finally passed this day of 1988. MAYOR CLERK DN: B/L THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 88- being a By-law to authorize the entering into of an Agreement with Kiddicorp Investments 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 Kiddicorp Investments 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 execute, on behalf of the Town, an appropriate Agreement of Purchase and Sale for 1.282 ha parcel of land and the subsequent registration documentation. 3. THAT Schedule "X" attached hereto forms part of this By-law. BY-LAW read a first time this day of 1988 BY-LAW read a second time this day of 1988 BY-LAW read a third time and finally passed this day of 1988. MAYOR CLERK DN: PD-106 TOWN OF NEWCASTLE REPORT File # Res_ # �. Oy-Law # MEETING: General Purpose and Administration Committee DATE: Monday, May 16, 1988 REPORT PD-106-88 FILE #: 18T-87,040, OP 2.2.2(2) & DEV 87-41 SUBJECT: APPLICATION FOR SUBDIVISION APPROVAL, OFFICIAL PLAN AMENDMENT AND REZONING APPLICATION - KIDDICORP INVESTMENTS LTD. PART LOTS 34/35, CONC. 2, FORMER TWP. OF DARLINGTON FILES: 18T-87040, OP 2.2.2(2) and DEV 87-41 - RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-106-88 be received; and 2. THAT the application for Official Plan Amendment - File: OP 2.2.2(2) submitted by Kiddicorp Investments Ltd. to permit single family residential dwellings in Part lot 35, Concession 2, Courtice, be approved; and 3. THAT the application for Rezoning - File: DEV 87-41 be approved in j principle and the necessary by-law amendment forwarded to Council, and that the removal of the "Holding (H)" symbol be deferred pending execution of a Subdivision Agreement; and 4. THAT the Region of Durham be advised that the Town of Newcastle recommends approval of the draft plan of Subdivision - File: 18T-87040 dated as revised October 14, 1987 as revised in red, subject to the conditions contained in Attachment No. 1, to this Report; and 5. THAT a copy of Report PD-106-88 be forwarded to the Region of Durham; and 6. THAT the attached by-law authorizing execution of a Subdivision Agreement between Kiddicorp Investments Ltd. and the Corporation of the Town of Newcastle be approved; and . . .2 �. rw REPORT NO.: PD-106-88 PAGE 2 -------------------------------------------------------------------- 7. THAT the Mayor and Clerk be authorized to execute the Subdivision Agreement between Kiddicorp Investments Limited and the Corporation of the Town of Newcastle. BACKGROUND: On May 19, 1987, the Town of Newcastle Planning Department was advised by the Region of Durham of an application for approval of a Plan of Subdivision submitted by Kiddicorp Investments Limited. The subject application originally proposed Seventy (70) single family dwelling lots, a multiple housing block containing One Hundred and Twenty-six (126) units and a part of a School Block. This development was proposed for the subject 12.71 ha (31.41 acre) parcel of land between Prestonvale Road, Townline Road and north of Glenabbey Road. The proposal has since been revised and the application before Committee and Council has deleted the multi-housing in favour of thirty-four (34) single family lots. The Town's Planning Department also received an application for an amendment to the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended. The proposed rezoning would allow the above-noted development by removing the "Holding (H)" symbol on the "Holding - Urban Residential Type One ((H)Rl)" zone and rezoning part of the "Environmental Protection (EP)" zone to allow the proposed residential development. The subject subdivision application is one of two proposed by the applicant within this specific area of Courtice. The other application is directly to the east of this proposal identified as File: 18T-87034. A subsequent application was submitted by the applicant May 12, 1987 proposing to amend the Town of Newcastle Official Plan (Courtice Major Urban Area Plan) and the Courtice South Neighbourhood Development Plan. The proposed Official Plan Amendment would amend both the Urban Area Plan and the Neighbourhood Plan i to permit residential development in the "Hazard Land" and "Minor Open Space" designation adjoining the Farewell Creek. i . . .3 i PAW REPORT NO. : PD-106-88 PAGE 3 ---------------------------------------------------------------- A Public Meeting regarding the above-mentioned rezoning and Official Plan Amendment was held on Monday, June 29, 1987. The report to the General Purpose and Administration Committee meeting recommended referral back to Staff for further processing and a subsequent report upon receipt of all outstanding comments. The area residents main concerns as expressed at that time to the proposed Subdivision, was the multiple housing block proposed. Residents did not feel this was appropriate and in keeping with the character of the area and believed it would generate too much traffic. The application has since been revised, as noted previously, deleting the multiple housing block in order to integrate a crescent-shaped road, travelling north from Pebblebeach Road, through the previously proposed multiple housing block, linking to a road in the proposed subdivision to the east (18T-87034) . i The application now proposes a total of Seventy-two (72) single family lots and Twenty-three (23) semi-detached or link lots. COMMENTS: Since the June 29, 1987 meeting and upon receipt of the revised plans, Staff have further reviewed the three (3) applications. In accordance with departmental procedures, the applications were circulated by both the Town and the Region to obtain comments from other departments and agencies. The following is a summary of comments received through the two (2) circulations. The following agencies/departments, in providing comments, offered no objections to the applications: - Town of Newcastle Building Department - Northumberland and Newcastle Board of Education - Ontario Hydro - Ministry of Agriculture and Food; and - Ministry of the Environment The following agencies provided some comments, or requested conditions be imposed on the development of the proposed subdivision as conditions of i approval. . . .4 I, REPORT NO.: PD-106-88 PAGE 4 ------------------------------------------------------------------------------ Newcastle Public Works Department Public Works Staff have no objections to the proposed development provided that the following issues or concerns are addressed, either through design revisions or Subdivision Agreement: - that the developer pay their share of the costs of the Gatehouse detention pond; - that a 6.Om strip of land, through Block 118 be provided to the Gatehouse pond, to facilitate access to the pond for maintenance purposes; and - that the standard conditions with regard to services apply. Newcastle Community Services Department Community Services Staff have no objection to the proposed application. They advise that Block 117, 118, 119 and 120 are to be dedicated to the Town gratuitously, as per Town Policy regarding acquisition of valley lands. Staff further noted that cash-in-lieu of parkland dedication be waived, in lieu of the park oversizing related to application 18T-87034, immediately to the east. Newcastle Fire Department Fire Department Staff noted a concern with said application, as the proposed development will result in a population increase of approximately 360 persons. The Fire Department noted a list of recommendations in relation to the requirements of the Building and Fire Code that should be enforced at the time of development, should the Plan proceed. Peterborough-Victoria-Northumberland and Newcastle Roman Catholic Separate School Board Separate School Board Staff noted they have no objection to the proposal, however, the Board has indicated an interest in the School site. l . . .5 REPORT NO. : PD-106-88 PAGE 5 ---------------------------------------------------------------------- Central .Lake Ontario Conservation Authority Authority Staff have no objection to the proposal, and note the site appears to be generally suitable for development. They note that the development abuts the Farewell Creek Valley, and that Block 119 contains valleyland. Authority Staff recommend the Town acquire this Block. As conditions of approval, the Conservation Authority have requested the following: Block 119 be zoned "Environmental Protection (EP)"; the developer obtain Central Lake Ontario Conservation Authority's approval of a phased grading and erosion control plan; and the developer obtain Central Lake Ontario Conservation Authority's approval of stormwater run-off control plan. Ministry of Natural Resources i This Ministry had no objection to the proposed subdivision. They note,.- however, they do have concerns due to the proximity of the Farewell Creek and its associated valleylands. Approval of the proposed subdivision is subject to the preparation of a Site Drainage and Soil Erosion Control Plan, which shall be acceptable to this Ministry. Region of Durham Public Works Department Regional Works Staff have noted that this proposed development is located outside the service area established by the Lot Levy Financing Study, therefore, the developer will be responsible for providing the required sanitary sewers and waterworks, including any plant facilities and oversizing, abutting and external services as required by the Region. i Staff note that water is available from an existing 200mm watermain on Pebblebeach Drive, as well as a 400mm diameter watermain on Glenabbey. Sanitary Sewer service is available from an existing 375 - 450mm trunk sewer located on Bruntsfield Street. . . .6 I j C REPORT NO. : PD-106-88 PAGE 6 ---------------------------------------------------------------------- Regional Works Department, therefore, have no objection to the application. However, several conditions need to be fulfilled prior to receiving consent from Public Works Staff. STAFF COMMENTS: In reviewing the above-noted comments, Staff note, although commenting agencies provided no objection to the proposal, several of the comments identified issues and conditions to be addressed prior to receiving clearance from said department or agency. Staff also note that no letters of objection were received from area residents with regard to this proposal. Staff have no difficulty with requests made by the Town's Public Works Department and note the proposed plan has provided for a 10.Om access to Block 118 which facilitates access to the Gatehouse pond. Staff are in concurrence with Community Services' recommendation of waiving the cash-in-lieu of parkland dedication, due to the park oversizing in the adjacent application (18T-87034) , as well as the recommendation to not accept Block 117 as parkland dedication. Block 117 would not be acceptable for park purposes as it is too constrictive in size and it would be difficult to monitor for surveillance and safety. With consideration to the Newcastle Official Plan Amendment (Courtice Urban Major Plan) and the South Neighbourhood Plan Amendment, Staff note the lands are presently designated "Hazard Lands" and "Minor Open Space" respectively. The Durham Regional Official Plan designates the land "Environmental Sensitive". Section 1.2.2 of the Durham Regional Official Plan notes that "the extent and exact location of environmentally sensitive areas shall be determined at the time of development application(s) . . . .7 I REPORT NO. : PD-106-88 PAGE 7 ------------------------------------------------------------------------------ The Courtice Urban Area Plan under Section 6.4.3 states: "Proposals for development of lands identified as Hazard Lands or Environmentally Sensitive shall be considered by Council in consultation with the Region of Durham, Central Lake Ontario Conservation Authority and the Ministry of Natural Resources after taking into account: existing environmental/physical characteristics; potential impact of the proposed development; recommended methods of mitigating impacts; and potential costs to the municipality." Section 2.4.2 of the South Courtice Neighbourhood Plan states that lands which were identified as "Environmentally Sensitive" in the Newcastle Official Plan have not been specifically identified by this Neighbourhood Development Plan, but are included within the areas designated as "Major Open Space". The distinction between Major and Minor Open Space areas is that the former generally comprises those lands within the fill and construction limits of the Farewell and Black Creeks, as well as Environmentally Sensitive Areas or Hazard Lands. In accordance with Section 6.4.3 of the Courtice Urban Area Plan, both the Conservation Authority Staff and Ministry of Natural Resources Staff have reviewed the application and expressed no objection. Both have noted the proximity of the development to the Farewell Creek and associated valleylands. However, Staff from both agencies are willing to provide approval to the application subject to the successful preparation of a Site Drainage and Soil Erosion Plan, and a phased grading and stormwater run-off control plan. I The valleylands surrounding the proposed development will remain zoned "Environmental Protection (EP)" and designated "Minor Open Space". This will prohibit future development of these lands. As previously noted through Regional Public Works comments, servicing to the site is available for both water and sanitary sewer. However, the applicant is required to detail all the specifics regarding the type of works that are required, including the cost of extending and installing these works. The Region agrees it is feasible to service these lands, however, details and agreements with regards to servicing will be executed with the Region. .. .8 REPORT NO. : PD-106-88 PAGE 8 -=----------------------------------------------------------------------------- Given the above information, Staff would be in favour of granting approval to the Official Plan Amendment Application (OP 2.2.2(2) ) . The reduction of the Minor Open Space Area does not appear to adversely affect the valleylands, as the development appears to border the fill and excavation limit as outlined by Central Lake Ontario Conservation Authority. Consequently, approval of the rezoning of the lands associated with the "Minor Open Space" from "Environmental Protection (EP)" to "Holding-Urban Residential Type One ((H)R1)" is also considered favourable. Staff are recommending draft approval of the proposed Subdivision and deferral of the Zoning By-law Amendment to lift the "Holding (H)" symbol, pending execution of a Subdivision Agreement. Staff note that without the necessary amendment to .the Zoning By-law, implementation of the Plan is prevented. Respectfully submitted, Recommended for presentation to the Committee L.D. Tayl - Lawrence E. Kotseff Deputy Director of Planning Chief Administrative Officer CP*LDT*jip *Attach. April 25, 1988 CC: Kiddicorp Investments Ltd. 1748 Baseline Road Group 10, Box 7, R.R. #2 BOWMANVILLE, Ont. L1C 3K3 CC: D.G. Biddle & Associates 96 King Street East OSHAWA, Ontario L1H 1B6 i ATTACHMENT NO. 1 TO REPORT PD-106-88 AMENDMENT NO. 27 TO THE NEWCASTLE OFFICIAL PLAN (COURTICE MAJOR URBAN PLAN) PURPOSE: The Purpose of this Amendment is to reduce the "Hazard Land" designation south of Farewell Creek:-in Part of Lot 35, Concession 2, former Township of Darlington. BASIS: The application is based upon an application to develop a "Residential Use" in Part of Lot 35, Concession 2, former Township of Darlington. ACTUAL AMENDMENT: The Newcastle Official Plan (Courtice Major Urban Area) is hereby amended as follows: i 1. By reducing the "Hazard Land Area" on- Schedule 6-1. Schedule "X" attached hereto shall form part of this Amendment. IMPLEMENTATION: The provisions set forth in the Newcastle Official Plan (Courtice Urban Area) with respect to implementation, shall apply to this Amendment. INTERPRETATION: The provisions set forth in the Newcastle Official Plan (Courtice Urban Area) , as amended, regarding the implementation of the Plan shall apply in regard to this Amendment. j I I i i i I � rr �'--C LOT 35 >-I i--< LOT 34 .3..!.:•:r.�.- :iii r_• c r fi l n Z•: •r ,.. h .�:-■ i;t s yy� T.•. e .. �. :•:;rii:.::•::,5:r•'ti�•i•'•:iSvl•:•:•:•:•:•:•:•:•:•:•:•:•:7t�MiMk •YMwM:•:•:•:•}:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•)��'t:�' (� ...,�•ii ::{�: (....F..J.. .•.:✓,'�1'::.•.'.'.'..'.'.'.'.. N t.�..\•.., k ( I . .� ,v •J' n 1� '•ir. ,t :>y JJ•• M n •i' :�'7 #iii#��•:•;.:•..•.•..••.,•,•:•.••• •:1. •'•�?�'� -:.41•i)�:•'�.!!fr.•?•:ri:•::r�:;:.S+r.•'✓?:ti;l':•Y:fi. 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M AZ AR R H HA NGE FROM LAND TO RES IDENTIAL l 1 .......................... .....- AMENDMENT NO. 27 TO THE OFFICIAL PLAN OF THE FORMER PLANNING AREA OF THE TOWNSHIP OF DARLINGTON NOW REFERRED TO AS THE OFFICIAL PLAN OF THE TOWN OF NEWCASTLE r$ ATTACHMENT N0. 2 TO REPORT PD-106-88 AMENDMENT NO. 3 TO THE COURTICE SOUTH NEIGHBOURHOOD DEVELOPMENT PLAN PURPOSE:- The Purpose of this Amendment is to reduce the "Minor Open Space" designation south of Farewell Creek in Part of Lot 35, Concession 2, former Township of Darlington. BASIS: The application is based upon an application to develop a "Residential Use" in Part of Lot 35, Concession 2, former Township I of Darlington. ACTUAL AMENDMENT: The Courtice South Neighbourhood Development Plan is hereby amended as follows: i 1. By reducing the "Minor Open Space" Area on Schedule 1. Schedule "X" attached hereto shall form part of this Amendment. IMPLEMENTATION: The provisions set forth in the Courtice South Neighbourhood Development Plan with respect to implementation, shall apply to this Amendment. INTERPRETATION: The provisions set forth in the Courtice South Neighbourhood i Development Plan, as amended, regarding the implementation of the Plan shall apply in regard to this Amendment. i I i I I i I I i I r CHANGE FROM MINOR OPEN �P SPACE TO RESIDENTIAL •:. 'r...1 Grp y1 i>;3- �tc.�J�:S:•. '` =•�=:'ter::� : ,�� �; -, . N .• Z _ O 2.O a h LLl U Z I •. O d• IK :JJA. tfffff tft/ttff///f ttt//t/■/t■t//■tttffftf�ftttf/f/ttttfft//�� }--C LOT 35 }-I i--< LOT 34 i i Schedule "X" to Amendment +3 to the COURTICE SOUTH NEIGHBOURHOOD DEVELOPMENT PLAN ATTACHMENT NO. 3 TO REPORT PD-106-88 CONDITIONS OF DRAFT APPROVAL SUBDIVISION APPLICATION 18T-87040 1. That this approval shall apply to a draft Plan of Subdivision 18T-87040 prepared by Donevan and Fleischman Company Limited, identified as their File Number: Job #1-7144, dated revised October 14, 1987, which is revised in red as per the attached plan showing Seventy-two (72) lots for single family dwellings and Twenty-three (23) lots for semi-detached or link 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 21, all inclusive. 3. That all works are completed in accordance with the Town of Newcastle's Design Criteria and Standard drawings. 4. That any easements required by the Town be granted free and clear of all encumbrances. 5. That 0.3 Metre Reserves be dedicated to the Town as shown in red on the revised draft plan. i 6. That Building Permits not be issued for Lots 4, 29 and 30, until such time as the development of the road has taken place on the adjacent Plan (18T-87034) . i 7. That the utility distribution on the internal streets (Hydro, Bell, Cable TV, etc.) be installed underground and that all secondary services for the proposed lots be underground. 8. All of the other standard requirements re: Lot Grading, Schedules of Work, Performance Guarantees, Cost Estimates, etc., should be included in the Subdivision Agreement. 9. That, in accordance with the Subdivision Agreement with Gatehouse Holdings, the Town will endeavour to reimburse Gatehouse Holdings for the oversizing of the Gatehouse Detention Pond which accepts all upstream post development run-off. The drainage from Plan 18T-87040 lies upstream from this facility and, accordingly, their snare of the costs of the Detention Pond should be reimbursed to Gatehouse Holdings. 10. That a 6.0 Metre strip of land, through Block 118 to the Gatehouse Pond, be cleared to facilitate access to the pond for the maintenance purposes for vehicular equipment. 11. The walkway, from the crescent to Block 117, should be dimensioned 3.0 Metres. 12. That Blocks 117, 118, 119 and 120 be dedicated to the Town gratuitously. . . .2 fig) Page 2 of ATTACHMENT NO. 3 TO REPORT PD-106-88 CONDITIONS OF DRAFT APPROVAL SUBDIVISION APPLICATION 18T-87040 13. That the cash-in-lieu of parkland dedication be waived, in lieu of the park oversizing related to Application 18T-87034 (immediately to the east) . 14. That prior to any grading or construction on the site, the applicant shall prepare a Site Drainage and Soil­Erosion Control Plan acceptable to the Ministry of Natural Resources. 15. That Block 119 be zoned "Environmental Protection (EP)" within the Newcastle Comprehensive Zoning By-law 84-63, as amended. 16. That prior to the commencement of any site preparation, the Owner shall obtain Central Lake Ontario Conservation Authority's approval of a phased Grading and Erosion Control Plan. 17. That prior to final approval of the plan, the Owner shall obtain Central Lake Ontario Conservation Authority's approval of a Storm Water Run-off Control Plan for the Plan, in conformity with the Courtice Storm Water Management Study. 18. That prior to final approval, the Owner shall obtain Central Lake Ontario Conservation Authority's approval for plans specifying existing and proposed grades, drainage, sedimentation control, vegetation and the location of all buildings and structures relating to the crescent road abutting the valleylands. 19. That the developer meet the requirements of the Region of Durham, financial and otherwise. 20. That no building permits be issued until access routes meet Subsection 3.2.5.2(6) of the Ontario Building Code and until watermains and hydrants are fully serviced. 21. That during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. i I I I 18T 870,1 0 AF-7- CDLAI\J Or NAM OF LOTS 64 d C3--5, z- lZz>—cD 77C)VVIV OF NEWCASTLE —Rj Ir— i- 't P G2 10 74 90- lip zd-- g-N ol I I tj 1 Fl 8 F- DN: 103-88 �R'y TOWN OF NEWCASTLE REPORT File 6o, 116. Res. # j• -S By-Law # - MEETING: General Purpose and Administration Committee DATE: Monday, May 16, 1988 REPORT #: pD-lo3-88 FILE #: 18T-87034 and DEV 87-42 SUBECT: APPLICATION FOR SUBDIVISION APPROVAL - KIDDICORP INVESTMENTS (FORMERLY AKAL CONSTRUCTION LIMITED) PART LOTS 33 & 34, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILE: 18T-87034 and DEV 87-42 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-103-88 be received; and 2. THAT the Region of Durham be advised that the Town of Newcastle recommends approval of proposed draft plan of Subdivision 18T-87034 dated April 14, 1987 as revised in red, and attached hereto, subject to the conditions contained in Attachment No. 1 hereto; and 3. THAT the proposed Zoning By-law Amendment to the Town of Newcastle Comprehensive Zoning By-law, as amended, for removal of the "Holding" symbol be deferred pending execution of a Subdivision Agreement; and 4. THAT the attached by-law authorizing execution of a Subdivision Agreement between Kiddicorp Investments 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 Kiddicorp Investments 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 REPORT NO. : PD-103-88 PAGE 2 ------------------------------------------------------------------------------- 6. THAT Council approve the exchange of lands (1.282 ha of Town owned table lands) for the overdedication of parkland provided by the applicant through application 18T-87034, and that the appropriate Offers of Purchase and Sale and subsequent registration be completed at the applicant's expense; and 7. THAT the Mayor and Clerk be authorized to execute the Purchase and Sale Agreement and subsequent registration between Kiddicorp Investments Limited and the Corporation of the Town of Newcastle; and 8. THAT a copy of Report PD-103-88 be forwarded to the Region of Durham. BACKGROUND AND COMMENTS: On May 12, 1987, the Town of Newcastle Planning and Development Department was advised by the Region of Durham of an application for approval of a Plan of Subdivision submitted by Akal Construction Limited (now owned by Kiddicorp Ltd.) . The subject application has been revised, and proposes the creation of Two Hundred and Thirty-three (233) single family dwellings, Seventy (70) semi- detached dwellings on 35 lots, a 3.15 ha (7.78 acre) park block and a .58 ha (1.43 acre) contribution towards a future school block. This development is proposed for a 29.76 ha (73.54 acre) parcel of land between Prestonvale Road and Townline Road, and north of the proposed Bloor Street extension (see attached plan) . On May 12, 1987, the Town of Newcastle also received an application for an amendment to the Town of Newcastle Comprehensive Zoning By-law, as amended. The proposed rezoning would allow the above-noted development by removing the "Holding (H)" symbol on the "Holding - Urban Residential Type One ( (H)Rl)" zone and rezoning the northwest corner from "Environmental Protection (EP)II zone to "Urban Residential Type One (Rl)" zone. 3 REPORT NO. : PD-103-88 PAGE 3 -------------------------------------------------------------------------------- A Public Meeting regarding the above-mentioned rezoning application was held Monday, June 29, 1987. The report to the General Purpose and Administration Committee Meeting recommended referral back to Staff for further processing and a subsequent report upon receipt of all outstanding comments. Residents at the meeting spoke in opposition to the proposed development and as well, they requested the developer to construct all roads on his lands and that none of the streets be dead-ends. Staff note that letters objecting to the proposed development were filed by all the residents fronting onto Prestonvale Road and adjacent to the said application. Staff note that on October 16, 1987, a revised plan was submitted by the applicant. The revisions were dated September 19, 1987 and dealt with the northwest corner of the proposal affected by the "Environmental Protection (EP)II zone. The revision removed Lots 197 and 198 and re-aligned Lots 194 to 196. On Monday, February 15, 1988, the General Purpose and Administration Committee received Report PD-21-88, in which Staff recommended approval of the proposed subdivision application. Council, the following Monday, upon reviewing said report and hearing the various delegations in opposition to the application, resolved to table the report until such time that the applicant could meet with Planning Staff, the residents, and Council to rectify the concerns expressed, regarding the proposed roads outside the applicant's land holdings. A meeting was held Wednesday, March 16, 1988 and attended by a number of residents, the applicant and his agent, two (2) representatives from Council, and two members of Planning Staff. Seven (7) options were presented at the meeting with regards to future road patterns (see attached) . After much discussion, option IBI was looked upon as being the most preferred by the majority of residents. This option allows for future redevelopment of the rear yards of the larger lots fronting Prestonvale Road, without impacting as significantly on the existing dwellings. Development on said proposed road is not crucial to the success of this application, and dead end streets leading to the residents' property are not formed. Staff further note development of said 4 REPORT N0. : PD-I03-88 PAGE 4 _______________________________________________________________________________ proposed road and lots, can only take place if the affected resident is willing to sever and sell the necessary lands. Option "Bv as mentioned above, is the proposal now before Committee. The subject subdivision is one of two (3) proposed by the applicant within the Courtioe Area. The other proposal is adjacent to the west of said proposal and is File; I8T-87040. Doe to the relatively minor revisions to the proposal, Staff circulated the revised Plan to the Town's Public Works Department only. Agency comments are contained in the previous Report (PD-31-88) , which is attached for information ' purposes. Some o f the nouoe c ua identified during the first circulation, have been addressed through the revision. However, for the most part' the comments remain relevant. Community Services Staff through their discussions with the developer have reached an understanding with respect to the parkland dedication. Therefore, subsequent to previous comments which had requested a Park Site Master Plan; Grading and Sodding; Vegetative planting; water and sewer hook-ups; and fencing and aiguage, Community Services Staff recommend that, in lieu of parkland over dedication, the Town exchange ownership of 1.282 ha (3.16 acres) parcel of table lands which abut this subdivision to the north. In addition to this understanding, the developer also agrees to supply and install all glayfieId components involved with two baseball diamonds, one onooec pitch and a cbildreom playground at no cost to the municipality. Specifically: Two (2) backstops with associated fencing; one (l) amt of soccer goal posts; and a complete set of playground equipment. All to be installed at such time when 35% of the total number of building lots have been sold. It was further noted that standard parkland requirements outlined in the Subdivision Agreement remain applicable. REPORT NO. : PD-103-88 PAGE 5 ------------------------------------------------------------------------------- STAFF COMMENTS: In reviewing the revised Plan, Staff note residents' concerns with regard to proposed road extension appears to have been satisfied. The revisions allow rear yard severance potential for all lots fronting on Prestonvale, without negatively impacting on existing dwellings and lot sizes. The importance of a proposed road is to utilize residential .lands in the most effective manner, while maintaining good planning design and principles. Staff note that should the abutting lands not be accommodated at this time, the possibilities of land consolidation and a development proposed from Prestonvale Road could be submitted. Planning Staff are satisfied that the subject application (Scheme B) provides for the appropriate future development of abutting lands and therefore support the proposed Plan. Ministry of Natural Resources concerns regarding grading site drainage and soil erosion were similar to issues expressed by the Central Lake Ontario Conservation Authority. Both agencies have requested a site drainage and soil erosion plan be submitted prior to grading and construction. The Town of Newcastle Public Works Staff have also required a Site Servicing Report be prepared to address the servicing needs of the development. Central Lake Ontario Conservation Authority's comments noted that some of the area of Lot 193 exhibits steep slopes and intrudes into the valley area and cannot be supported for residential development. In response to Central Lake Ontario Conservation Authority's concern regarding the 11EP11 zone and lots proposed in or adjacent to it, Staff feel a further red-line revision to the applicant's revision is necessary, eliminating Lot 193 and enlarging Block 283 for possible future development. REPORT NO. : PD-103-88 PAGE 6 ------------------------------------------------------------------------------- Planning Staff are in concurrence with Public Works' concern regarding traffic generated from this development and its impact on Prestonvale Road and any future reconstruction required as expressed in Staff's previous Report PD-21-88. Staff agree this impact should be assessed and the developer be responsible for the appropriate share of the road upgrading costs. This concern is addressed in Condition No. 15 on Attachment No. 1 to this Report. The proposed Plan has been reviewed for compliance to density, and it is found to be at 16.5 units per net residential hectare. The Newcastle Official Plan allows a maximum of 15.0 units per net residential hectare, for areas designated low density residential. This most westerly neighbourhood within the Courtice South Neighbourhood has a population accommodation projection of 3600. Official Plan policies allow a variation of up to 10% if it is considered warranted and will not adversely affect the intent of the Official Plan. Staff have calculated the total population for the subject neighbourhood, as being approximately 3000 (includes existing, proposed plans, and potential development) . Given the above information and the fact that the proposal complies with the "Urban Residential Type One (Rl)II zone category, Staff does not have difficulty with the proposed density. As noted earlier the Park Block proposed for this application is 3.15 ha (7.78 acres) and is adjoining the proposed school block. This design is consistent with Town official Plan policies. Staff further note Section 50.5 of the Planning Act allows a municipality to request a parkland dedication or a cash- in-lieu of parkland contribution to a maximum of five percent (50) of lands included in the proposed draft plan. This policy is further re-inforced in the Town's official Plan. The subject park block (3.15 ha) represents 10.580 of the lands in the proposed subdivision. This results in an over dedication of 5.58% or 1.66 ha (4.10 acres) . Both Planning Staff and Community Services Staff are in favour of the larger park area. This larger configuration better reflects the policies of the Newcastle Official Plan (Darlington Planning Area) , as Section 7 REPORT N0. : PD-I03-88 PAGE 7 -------------------------------------------------------- 6.3.3(iii) (a) states: "Neighbourhood parks shall not omzmmllv be less than 3 hectares in size." Due to the large over dedication (1.66 ha) of said pack block, the applicant is requesting the over-sized park block be utilized in calculating parkland dedication requirements of the adjacent subdivision proposal (18T-87040) . This application also requires a five percent (5%) parkland dedication which amounts to 0.64 ha (1.58 acres) . Should this requirement be subtracted from the over dedication proposed to be provided through application 18T-87034' there still remains an over-sizing of 1.03 ha (3.55 acres) . Due to the tact that the proposals are adjacent, Staff have no difficulty in allowing this request, as / the intent of the Neighbourhood Plan is not compromised. It is further noted that Community Services Staff, in their comments on Plan 18T-87040' recommend that cash-in-lieu of parkland dedication be waived, in lieu of the park mvecoimiug in application 18T-87034. During diocoaaloua with the applicant it has been brought to Staff's attention, that the Town owns land abutting the northern boundary of said proposal, 1.282 ha (3.16 acres) of which is developable table lands (see Attachment #4) . The applicant has enquired as to the possibility of exchanging this 1.282 ha parcel of land for the balance of the over-sized parkland provided in the subject plan (1.027 ha) . Given the fact the lands are zoned the same, of a similar size and / in relative proximity to each wtbez' they may be considered to be of comparable Value. As noted earlier, Staff of the Community Services Department have reached an understanding with the developer in respect to the parkland dedication and the recreational development thereof, and have recommended that in lieu of the parkland ovezalziug, the Town exchange ownership of the said 1.282 ha parcel of developable table lands. REPORT NO. : PD-103-88 PAGE 8 ------------------------------------------------------------------------------- Given the above information, Staff recommend draft approval of the proposed subdivision as red-lined revised; exchange of Town owned lands for the over dedication and servicing of parkland; and deferral of the Zoning By-law Amendment to remove the "Holding (H)II symbol. Staff note that, without the necessary amendment to the Zoning By-law, implementation of the plan is prevented. Respectfully submitted, Recommended for presentation to t be omfnittee ---- ------- --- ------------------ L( D. Ta or �)alwrenc Kotseff I Deputy Director of Planning Chief Wnistrative Officer CP*LTD*jip CC: Norman Hanaka *Attach. 2528 Prestonvale Road April 25, 1988 R.R. #2 BOWMANVILLE, Ontario CC: Kiddicorp Investments LlC 3K3 1748 Baseline Road Group 10, Box 7, R.R. #2 Wilfred & Erika Robra BOWMANVILLE, Ont. LlC 3K3 2424 Prestonvale Road R.R. #4 D.G. Biddle & Associates OSHAWA, Ontario LlH 7K6 96 King Street East OSHAWA, Ontario LlH 1B6 Peter & Marie Heavysege 2362 Prestonvale Road R.R. #4 Gil & Helen Roussy OSHAWA, Ontario 2370 Prestonvale Road R.R. #4 Paul & Rita Ramlal OSHAWA, Ontario LlH 7K6 2406 Prestonvale Road R.R. #4 Mr. John Russel DeCoe OSHAWA, Ontario 2500 Prestonvale Road LlH 7K6 R.R. #2 BOWMANVILLE, Ontario LlC 3K3 Martha J. Penfound R.R. #4 Mr. Dave Simon Prestonvale Road 2418 Prestonvale Road OSHAWA, Ontario R.R. #4 LlH 7K6 OSHAWA, Ontario LlH 7K6 Robert & Lynda Todd 2218 Prestonvale Road Mr. William Hunter R.R. #2 2446 Prestonvale Road BOWMANVILLE, Ontario R.R. #2 LlC 3K3 BOWMANVILLE, Ontario LlC 3K3 Gail and Gifford MacKenzie Andrew Manahan 2394 Prestonvale Road Ross Lloyd Enterprises Ltd. R.R. #4 5659 McAdam Road, Unit Cl OSHAWA, Ontario MISSISSAUGA, Ontario L4Z 1N9 LlH 7K6 ATTACHMENT NO. 1 TO REPORT PD-103-88 TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL SUBDIVISION APPLICATION 18T-87034 1. This approval shall apply to a draft Plan of Subdivision 18T-87034 prepared by D.G. Biddle and Associates Limited, dated April 14, 1987, which is revised in red as per the attached plan showing 233 lots for single family dwellings, 35 lots for semi-detached dwellings, a school block, a park, Open Space Block and Blocks reserved for future development. 2. The developer shall 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 27, all inclusive. 3. That all works are completed in accordance with the Town of Newcastle's Design Criteria and Standard drawings. 4. That any easements required by the Town be granted free and clear of all encumbrances. 5. That a Master Park/School Site Plan for Block 286 be prepared, at the Developer's expense, to the satisfaction of the Director of Community Services and the appropriate School Board. Furthermore, the developer agrees to supply and install all playground components to the satisfaction of the Director of Community Services. Said equipment shall include: Two (2) Backstops with associated fencing; and One (1) set of soccer goal posts; and a complete set of playground equipment. 6. That Grading and sodding; fencing; vegetative planting; and water and sewer installation to the park block be undertaken to the satisfaction of the Director of Community Services and at the expense of the developer with any oversizing to be reimbursed through the Town's standard endeavour to collect agreement. 7. That a sign identifying the name of the park be erected at the developer's expense in a location approved by the Director of Community Services. 8. That the 0.3m reserves be dedicated to the Town as shown in red on the draft plan. 9. That the utility distribution on the internal streets (Hydro, Bell, Cable TV, etc.) be installed underground and that all secondary services for the proposed lots be underground. j 10. That the developer dedicate a 1.25 metre road widening across the frontage of Prestonvale Road. 11. That the developer shall be responsible for reconstructing the complete intersection of Glenabbey Drive and Prestonvale Road to the satisfaction of the Director of Public Works. 12. That the alignment of the intersection between Glenabbey Drive and Prestonvale Road be revised to as close as possible to a 90 degree intersection to the satisfaction of the Director of Public Works. . . .2 Page 2 of ATTACHMENT NO. 1 TO REPORT PD-103-88 TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL SUBDIVISION APPLICATION 18T-87034 13. That prior to .final approval, the developer's Engineer prepare a Site Servicing Report to the satisfaction of the Director of Public Works that address the servicing needs of this development (i.e. storm drainage, preliminary road grades, etc.) . 14. That no Building Permits for Lots 27, 28, 29, 120 and 121 shall be available until such time that temporary turning circles are eliminated through extension of the urban road sections adjacent to same. 15. That the impact of the traffic onto Prestonvale Road generated from this development is assessed to the satisfaction of the Director of Public Works, and an appropriate share of the future reconstruction of Prestonvale Road based on the above be contributed to the Town of Newcastle. 16. That the development of these lands are phased in a manner acceptable to the Town. 17. That sight triangles (4.5m x 4.5m) be provided at all intersecting roads. 18. All of the other standards requirements re: Lot Grading, Schedules of Work, Performances Guarantees, Cost Estimates, etc., shall be met by the developer. 19. That, in accordance with the Town's Subdivision Agreement with Gatehouse Holdings, the Town will endeavour to reimburse Gatehouse Holdings for the oversizing of the Gatehouse Detention Pond which accepts all upstream post development runoff. The drainage from Plan 18T-87034 lies upstream from this facility and accordingly, their share of the costs of the detention pond shall be reimbursed to Gatehouse Holdings. The actual costs will be determined at a later date through negotiation of the Subdivision Agreement. 20. That the developer meet all of the requirements of the Durham Regional Public Works Department. 21. Prior to any grading or construction on the site, the owner shall prepare a site drainage and soil erosion control plan, which shall be acceptable to the Ministry of Natural Resources, C.L.O.C.A. , and the Town of Newcastle. This Plan will show all proposed surface drainage works and will describe the proposed means to minimize soil erosion and the direct discharge of stormwater into Farewell Creek, both during and after construction. 22. The draft plan shall be amended as indicated in red on the attached copy, effectively removing Lot 193 and adding part thereof to Block 283 for future development. . . .3 Page 3 of ATTACHMENT NO. 1 TO REPORT PD-103-88 TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL SUBDIVISION APPLICATION 18T-87034 23. Block 291, as expanded in accordance with Condition 22 above, shall be zoned to prohibit buildings or structures other than those required for erosion control. 24. Prior to the commencement of site preparation, including the rough grading of roads, the Owner shall obtain C.L.O.C.A. approval of a phased grading and erosion control plan which indicates area grading and provides for the on-site containment of sedimentation. 25. The Owner shall agree in the Subdivision Agreement to carry-out or cause to be carried-out in accordance with C.L.O.C.A. approval: a) grading, filling and sedimentation control; and b) the storm run-off control plan for the site. 26. That no building permits be issued until access routes meet Subsection 3.2.5.2(6) of the Ontario Building Code and until watermains and hydrants are fully serviced. 27. 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I 'mr:-°`.�e,,,"�eaeFr LENF-BBEY f� 4 \ �o,e>S<+mc....sb.,J'>Or •veq�d-� carr c:......oc._, 0 N i' •• :f � y w'p0.-u<.+iv6iv rG-.e'B«-r'2oL,M/TEO �� O.G.8ldd3t r.At...I.<t Llmic<d n m - I C�l --='j L-1 i ATTACHMENT # 3 A JO II S 1 ETTA Z\ =V:D i .�iT�G�iAL._ LSO Owru.E�. i C � ,I� � ���� --� ,��� ,�L.,o.N I ( - i 1 � �--- - ��� I �- I I --- �,� � I l -�__ °� I �r--- -�- -- � -�._--- I �� � �___ � � _ \� �_ � - - � � ' %� � .�� � � / �__ � \ � G�,�.o��a� — Q __---- � \�\ \\\ \\ 4 y^ \� � �� \� ��� � �� �\ \ � � i i Di !V 1� k E y )CDL_,o.n/ � I � 1 I ► � I III i I � I f i I 3 Z- o�-- � o i it -� - r I �_ i G LOT 34 CONCESSION 2 go ou / t �P 13 8zo/E LOT 35 LO 34 LOT 33 allmollillAREA TO BE TRANSFERRED ( 1 . 282 ha) my=AREA OWNED BY TOWN LoT�`� a ; PEG.FLlJ!>t3 J GLENABSEY Pppp Z O iWiHPFPPY CPESEEM 'V^J VI BICpP iiPEET LL, U Z O U AREA TO BE TRANSFERRED ATTACHMENT # 4 ® AREA PLAN ® ADDITIO ONAAL L LANDS OWNED i BY APPLICANT I DN: 21-88 ,r OWN OF NEWCASTLE REPORT File # a Res_ # ATTACHMENT + 5 By-Law # MMl%: General Purpose and Administration Committee DATE: Monday, February 15, 1988 REPORT #: PD-21-88 FILE #: 18T-87034 SMECT: APPLICATION FOR SUBDIVISION APPROVAL - AKAL CONSTRUCTION LTD. PART LOTS 33 & 34, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILE: 18T-87034 R_E_C_OXw_►�iE1;DATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-21-88 be received; and 2. THAT the Region of Durham be advised that the Town of Newcastle recommends approval of proposed draft plan of Subdivision 18T-87034 dated April 14, 1987 as revised in red, and attached hereto, subject to the conditions contained in Attachment No. 1 hereto; and ,�• 1 llr.l' LLlc: iii l�i.i:J�....i GOliillj i..1—1�.•. cL.�i i.,,..._,.� Lam. ...a.� .1,.... . "._ .._ .,.. ._ _'-_ Comprehensive Zoning By-law, as amended, be deferred pending execution of a Subdivision Agreement; and 4. THAT a copy of Report PD-21-88 be forwarded to the Region of Durham. BACKGROUND: On May 12, 1987, the Town of Newcastle was advised by the Region of Durham of an I application for approval of a Plan of Subdivision submitted by Akal Construction Ltd. The subject application proposes the creation of two hundred and eighty-five (285) single family dwellings, one (1) 3.5 ha park parcel and 0.5 ha contribution I . . .2 i I REPORT NO. : PD-21-88 PAGE 2 ------------------------------------------------------------------------------- towards a future school. This development is proposed for a 29.76 ha parcel of land between Prestonvale Road and Townline Road and north of the proposed Bloor Street extension (see attached plan) . On May 12, 1987, the Town of Newcastle also received an application for an amendment to the Town of Newcastle Comprehensive Zoning By-law, as amended. The proposed rezoning would be to allow the above-noted development, by . removing the "Holding (H)" symbol on the "Holding - Urban Residential Type One_ ( (H)R1)" zone and rezoning the northwest corner from "Environmental Protection (EP)" zone to "Urban Residential Type One (Rl)" zone. The subject subdivision is only one of three (3) proposed by the applicant within the Courtice Area. The other two (2) subdivision applications are c_rectiy to the SO t tt U Sala Uiod)gal applications, however, also require an Official Plan Amendment to extend the Courtice Urban boundaries to enable the proposed development to take place. A fourth subdivision application (under a different ownership) 18T-87040, immediately to the west of the subject site, is also being processed by Planning Staff. A Public Meeting regarding the above-mentioned rezoning was held Monday, June 29, 1987. The report to the General Purpose and Administration Committee subsequent report upon receipt of all outstanding comments. Aesiaencs au the meeting spoke in opposition to the proposed development and as well, they requested the developer to construct all roads on his lands and that none of the streets be dead-ends. Staff note that letters objecting to the proposed development were filed by all the residents adjacent to said application and fronting on Prestonvale Road. Staff note that on October 16, 1987, a revised plan was submitted by the applicant. The revisions were dated September 19, 1987 and dealt with the northwest corner of the proposal affected by the "Environmental Protection I (EP)" zone. The revision removed Lots 197 and 198 and re-aligned 194 to 196. . . .3 REPORT NO. : PD-21-88 PAGE 3 ------------------------------------------------------------------------------- These changes can be incorporated through red-line revision. COMMENT: Since June 29, 1987 meeting, Staff have further reviewed both applications. In accordance with departmental procedures, the applications have 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 applications as submitted: - Newcastle Building Department - Ontario Hydro - Ministry of Agriculture and Food - Ministry of the Environment - *T)rthuMberland and Newcastle Board of Education The following agencies provided some comments or conditions to the development of the proposed subdivision. Newcastle Fire Department "Although the department had no objection to the application, they expressed serious concerns regarding the ability of this "part-time" Fire Department to maintain emergency services considering all of the development which is taking place throughout the municipality. This development will represent an increase population of 855 people." Newcastle Commiunity Services Department ' Plan of subidivison provided the following concerns or conditions :sere addressed: - increase access to proposed park via walkways; - provision of a Park Site Master Plan, incorporating two softball diamonds and two soccer fields, hook-ups for water and sewer mains, an identification sign and fencing, and grading, sodding and vegetative planting." . . .4 i REPORT NO. : PD-21-d' PAGE 4 -------------------------------------------------------------------------------- Town of Newcastle Public Works Department "Public Works Staff have no objections to the proposed development provided that the following issues or concerns are addressed either through design revisions or Subdivision Agreement: - that the developer provide easements, road widenings and land dedications as required; - that the developer be responsible for necessary road reconstructions and alignments including, a traffic impact study for Prestonvale Road and contribution towards future upgrading; - that the necessary sight triangles and additional walkways be incorporated into the proposed plan; - that a site servicing report be prepared and that a groundwater monitoring program be carried out for a minimum of one year; and - that the developer reimburse Gatehouse Holdings for oversizing of the detention. pond." Central Lake Ontario Conservation Authority "Conservation Authority have reviewed this proposal and had no objections to the proposed development as they considered the majority of the site suitable for development. However, concerns were expressed regarding areas abutting or within Lots 194 to 199. Authority Staff also wanted the following issues to be addressed prior to approval: - removal of Lots 197 & 198 and Part of Lots 199, 194 and 196 for development purposes; - an approved Phased Grading and Erosion Control Plan indicating on-site containment of sedimentation." Ministry of Natural Resources "Ministry Staff have no objection to the principle of development on this site, however, concerns were expressed regarding the proposals proximity to Farewell Creek, and possibility of sedimentation from development activities. Therefore, Staff recommend that prior to any grading or construction, a site drainage and soil erosion control plan, acceptable to the Ministry, be developed and the owner agree to implement said plan." Peterborough-Victoria-Northumberland and Newcastle Roman Catholic Separate School Board "School Board Staff have no objection to the development of this proposed plan of subdivision. Planning Staff note that through verbal conversations between School Board officials and the Town's Planning Director, interest has been expressed in acquiring the school site proposed in the above-noted applications in conjunction with Subdivision Application 18T-87040." . . .5 i REPORT NO. : PD-21-88 PAGE 5 ------------------------------------------------------------------------------- Regional Public Works Department "Regional Works Staff have no objection to the development of this proposed plan of subdivision provided the usual works conditions regarding financing and servicing addressed. Staff noted concerns regarding the timing of development and will require that development of Lots 1-133, 136-154 and 238-285 be withheld until a commitment has been made by way of subdivision agreement on Plan 18T-87040 to extend the Darlington Boulevard Trunk Sewer." STAFF COMMENT: In reviewing the above-noted comments, Staff note, although commenting agencies provided no objection to the proposal, several of the comments identified issues and conditions to be addressed prior to receiving clearance from said department or agency. Staff also note that residents of the area did object to the proposal at a Public Meeting and by Letters of Objection to the Planning Department of the Town and the Region. Residents objecting to the proposed subdivision, appear to be primarily concerned with the location of the extension of Renwick Road. All of the objecting residents live adjacent to the subject site and have frontages on Prestonvale Road. The above-noted road extension is not contained within the proposed Plan of Subdivision but rather, is illustrated as a possible method of continuing this road and best utilizing land, without disrupting existing development. The residents object to having a future road bisect their rear yards and would like to see it totally contained within the proposed In !I)e7 V on sever future lots from their present holdings as is presently shown, without the responsibility of constructing a road. In fact, this could not occur since severances must share in any road construction costs and must also accord with the principles of good planning. In reviewing this objection, Staff do not believe that relocating the proposed Renwick Road extension to the applicants' site would be a practical alternative or good planning. This approach would result in the under utilization of land that is designated for residential development and therefore, be less economical in terms of services to be provided. Regarding residents comments on the use of "dead-end" streets, Staff note that it is virtually impossible to develop multiple parcels of land, with various land owners, while maintaining a continuous road pattern, without the use of temporary "dead-end" streets. The subject plan is a good example of this REPORT NO. : PD-21-88 PAGE 6 ------------------------------------------------------------------------------- technique, as ten (10) temporary "dead-end" streets have been proposed in order to maintain the possibility of a continuous transportation network for future subdivision developments. Planning Staff are satisfied that the proposed street pattern provides for the future development of abutting lands and therefore support same without modification. Comments received from the Town of Newcastle Community Services identified issues which can be resolved through red-line revisions and Subdivision Agreement. Ministry of Natural Resources's concern regarding site drainage and soil erosion were similar to issues expressed by the Central Lake Ontario Conservation Authority. Both agencies have requested a site drainage and soil erosion plan be submitted prior to grading and construction. Town of Newcastle Public Works Staff have also required a site servicing report be prepared to address the servicing needs of the di'_velopiL,eiic as well as t h,,� required to initiate a groundwater monitoring program one (1) year prior to the start of any construction. In response to Central Lake Ontario Conservation Authority's concern regarding the "EP" zone and lots proposed in or adjacent to it, Staff feel a further red-line revision to the applicant's revision is necessary, eliminating Lots 197 to 199 and re-aligning Lots 194 to 196 to have frontage on the proposed east/west road. Regional Public Works Staff comments regarding servicing of the subject lands I' brings to mind questions of timing and phasing for the proposed development. Although, the necessary sewage pumping station is available to the northern part of the proposed plan via the Whitecliffe Subdivision (18T-84029) , an easement over the future Huntington Drive between the two plans 18T-84029 and 18T-87034 (the subject plan) would have to be acquired. Servicing to the southern portion of the subject plan is conditional upon extension of the Darlington Boulevard trunk sewer presently terminating at Glenabbey Road. An extension of this trunk however, depends on approval of the proposed plan of subdivision adjacent to the west (18T-87040) . Municipal water supply is available to the proposed lands. . . .7 i REPORT NO. : PD-21-88 PAGE 7 ------------------------------------------------------------------------------ Planning Staff are in concurrence with Public Works' concern regarding traffic generated from this development and its impact on Prestonvale Road and any future reconstruction required. Staff agree this impact should be assessed and the developer be responsible for the appropriate share of the road upgrading costs. The Council is aware of the comments of the Fire Chief and have referred Report FD-30-87 in respect of Courtice fire protection, presented to the General Purpose and Administration Committee Meeting of December 21, 1987, to the 88 Budget discussions. We note that the recommendations contained therein deal with the situation relative to existing conditions. At the General Purpose and Administration Meeting of January 18, 1988 the Committee further resolved to have a Joint Report prepared by Planning and Fire Department Staff in order to further address this issue. In view of the actions by Council in respect of fire protection services and in vfL1G1Gl il­ i. .:J�.�j11Gt 1G,.� ..-....- Plan of Subdivision 18T-87034 can proceed to draft approval. Staff are recommending draft approval of the proposed Subdivision and deferral of the Zoning By-law Amendment pending execution of a Subdivision Agreement. Staff note that without the necessary amendment to the Zoning By-law, implementation of the plan is prevented. 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*LK*jip *Attach. February 10, 1988 CC: Mr. Mark McCann CC: Wilfred & Erika Robra c/o Akal International Ltd. 2424 Prestonvale Road 330 Bay St. , Ste. 1202 R.R. #4 TORONTO, Ontario M5H 2S8 OSHAWA, Ontario L1H 7K6 D.G. Biddle & Associates Peter & Marie Heavysege 96 King Street East 2362 Prestonvale Road OSHAWA, Ontario L1H 1B6 R.R. #4 OSHAWA, Ontario i REPORT NO. : PD-21-88 PAGE 8 / ------------------------------------------------------------------------------- CC: Gil & Helen Roussy Paul & Rita Ramlal 2370 Prestonvale Road 2406 Prestonvale Road R.R. #4 R.R. #4 OSHAWA, Ontario L1H 7K6 OSHAWA, Ontario L1H 7K6 Mr. John Russel DeCoe 2500 Prestonvale Road Martha J. Penfound R.R. #2 R.R. #4 BOWMANVILLE, Ontario L1C 3K3 Prestonvale Road OSHAWA, Ontario Mr. Dave Simon L1H 7K6 2418 Prestonvale Road R.R. #4 Robert & Lynda Todd OSHAWA, Ontario 2218 Prestonvale Road L1H 7K6 R.R. -#2 BOWMANVILLE, Ontario Mr. William Hunter -L1C 3K3 2446 Prestonvale Road R.R. #2 BOWMANVILLE, Ontario L1C 3K3 Gail and Gitford I•iacKenzie 2394 Prestonvale Road R.R. #4 OSHAWA, Ontario L1H 7K6 i Jill, I 4F Tv Oo 14 of, F E, ATTACHMENT NO. 1 TO REPORT PD-21-88 TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL SUBDIVISION APPLICATION 18T-87034 1. This approval shall apply to a draft Plan of Subdivision 18T-87034 prepared by Donevan and Fleischmann Company Limited, Ontario Land Surveyors identified as their file number 1-7221 dated April 24, 1987, which is revised in red as per the attached plan showing a maximum of 285 lots for single family dwellings, a school block, a park, and Open Space Block and Blocks reserved for future development. 2. The developer shall 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 36, all inclusive. 3. That all works are completed in accordance with the Town of Newcastle's Design Criteria and Standard drawings. 4. That any easements required by the Town be granted free and clear of all encumbrances. 5. That a Master Park/School Site Plan for Block 308 be prepared, at the Developer's expense, to the satisfaction of the Director of Community Services and the appropriate School Board. 6. That Grading and sodding; fencing; vegetative planting; and water and sewer installation to the park block be undertaken to the satisfaction of the Director of Community Services and at the expense of the developer with any oversizing to be reimbursed through the Town's standard endeavour to collect agreement. 7. That a sign identifying the name of the park be erected at the developer's expense in a location approved by the Director of Community Services. i v. znaL the 0.;i1 reserves be lledicateu uo the 'lv+.il as s"nov;l1 iii re6 oil tile; draft plan. 9. That the utility distribution on the internal streets (Hydro, Bell, Cable TV, etc.) be installed underground and that all secondary services for the proposed lots be underground. 10. That the developer dedicate a 1.25 metre road widening across the frontage of Prestonvale Road. 11. That the developer shall be responsible for reconstructing the complete intersection of Glenabbey Drive and Prestonvale Road to the satisfaction of the Director of Public Works. 12. That the alignment of the intersection between Glenabbey Drive and Prestonvale Road be revised to as close as possible to a 90 degree intersection. 13. That 3.0 metre walkways to the park block 308 be located between Lots 91 and 92 and Block 295 and 296. . . .2 i I Page 2 of ATTACHMENT NO. 1 TO REPORT PD-21-88 TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL SUBDIVISION APPLICATION 18T-87034 14. That a 3.0 metre walkway be constructed between Lots 182 and 183 and 145 and 146 as revised in red. 15. That the necessary adjustments be made to the proposed lot frontages, in order to maintain 15 metres frontage while incorporating the above-noted walkways. 16. That prior to final approval, the developer's Engineer prepare a Site Servicing Report to the satisfaction of the Director of Public Works that address the servicing needs of this development (i.e. storm drainage, preliminary road grades, etc.) . 17. That no Building Permits for Lots 27, 28, 29, 71, 121, 224, and 225 shall be available until such time that temporary turning circles are eliminated through extension of the urban road sections adjacent to same. l?. That the ` _act of the traffic onto Prestonvale P—d aoneratea f-om this development is assessed to the satisfaction of the Director of Public Works, and an appropriate share of the future reconstruction of Prestonvale Road based on the above be contributed to the Town of Newcastle. 19. That the development of these lands are phased in a manner acceptable to the Town. 20. That the developers initiate a groundwater monitoring program recommended by a Hydrogeologist (ie. piezometer) and approved by the Director of Public Works which commences a minimum of one (1) year prior to the start of any construction. Ti-lat sight triangles (4.5r, x 4.1m) be provided at all- intersecting roads. I 22. That the developer meet all the requirements of the Public Works Department, financial and otherwise. 23. All of the other standards requirements re: Lot Grading, Schedules of Work, Performances Guarantees, Cost Estimates, etc., shall be met by the developer. 24. That, in accordance with the Town's Subdivision Agreement with Gatehouse Holdings, the Town will endeavour to reimburse Gatehouse Holdings for the oversizing of the Gatehouse Detention Pond which accepts all upstream post development runoff. The drainage from Plan 18T-87034 lies upstream from this facility and accordingly, their share of the costs of the detention pond shall be reimbursed to Gatehouse Holdings. The actual costs will be determined at a later date through negotiation of the Subdivision Agreement. I 25. That the developer meet all of the requirements of the Durham Regional Public Works Department. i . . .3 Page 3 of ATTACHMENT NO. 1 TO REPORT PD-21-88 TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL SUBDIVISION APPLICATION 18T-87034 26. Prior to any grading or construction on the site, the Owner shall prepare a site drainage and soil erosion control plan, which shall be acceptable to the Ministry of Natural Resources, C.L.O.C.A. , and the Town of Newcastle. This Plan will show all proposed surface drainage works and will describe the proposed means to minimize soil erosion and the direct discharge of stormwater into Farewell Creek, both during and after construction. 27. The draft plan shall be amended as indicated in red on the attached copy, effectively adding the rear third of Lot 194, the northwest half of. Lot 196, all of Lots 197 and 198 and the southwest half of Lot 199 to Block 309 (open space) . 28. Block 309, expanded in accordance with Condition 1 above, shall be zoned to prghibit buildings or structures other than those required for erosion control. 29. Prior to the commencement of site preparation, including the rough grading of roads, the Owner shall obtain C.L.O.C.A. approval of a phased grading and erosion control plan which indicates area grading and provides for the on-site containment of sedimentation. 30. The Owner shall agree in the Subdivision Agreement to carry-out or cause to be carried-out in accordance with C.L.O.C.A. approval: a) grading, filling and sedimentation control; and b) the storm run-off control plan for the site. 31. That Lots 194, 195 and 196 be redesigned as revised in red. 32. That no building permits be issued until access routes meet Subsection 3.2.5.2(6) of the Ontario Building Code and until watermains and hydrants are fully serviced. 33. That during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 34. That a 20 metre right-of-way be established in the vicinity of Lot 131 as revised in red and the necessary adjustments made to lots affected by same. 35. That prior to the Town passing any implementing amendment to Zoning By-law 84-63, as amended, the Town will be satisfied that an adequate level of Fire Protection Services will be available to the lands. 36. That Block 308 (3.15 ha) be dedicated to the Town for park purposes and that the developer be credited an over-dedication of 1.65 ha based upon a 5% dedication of 1.5 ha. Such over-dedication to be reimbursed through an appropriate endeavour to collect agreement. I DN: B/L THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 88- being a By-law to authorize the entering into of an Agreement with Kiddicorp Investments 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 Kiddicorp Investments 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 Agreement, 3. THAT Schedule "X" attached hereto forms part of this By-law. BY-LAW read a first time this day of 1988 BY-LAW read a second time this day of 1988 BY-LAW read a third time and finally passed this day of 1988. i MAYOR CLERK i I DN: B/L �, lJ THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 88- being a By-law to authorize the entering into of an Agreement with Kiddicorp Investments 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 Kiddicorp Investments 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 execute, on behalf of i the Town, an appropriate Agreement of Purchase and Sale for 1.282 ha parcel of land and the subsequent registration documentation. 3. THAT Schedule "X" attached hereto forms part of this By-law. I I BY-LAW read a first time this day of 1988 BY-LAW read a second time this day of 1988 BY-LAW read a third time and finally passed this day of 1988. MAYOR CLERK