Loading...
HomeMy WebLinkAboutPD-110-88 DN: 110-88 TOWN OF NEWCASTLE ° REPORT F I Res. # �, By-Law #�w�� MEETING: General Purpose and Administration Committee DATE: Monday, May 16, 1988 REPORT #: PD-110-88 FILE #: DEV 88-22 & 18T-87036 SUMJECT: REZONING AND REVISED PLAN OF SUBDIVISION APPLICATIONS APPLICANT: JOHN DEJONG PART LOT 15, CONCESSION 3, FORMER TWP. OF DARLINGTON FILES: DEV 88-22 & 18T-87036 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-110-88 be received; and 2. THAT the Region of Durham be advised that the Town of Newcastle recommend approval of the revised proposed Plan of Subdivision (18T-87036) dated revised November 12, 1987, as revised in red, subject to the conditions contained in Attachment No. 1 to this Report; and 3. THAT a copy of Report PD-110-88 be forwarded to the Region of Durham Planning Department; and 4. THAT the Mayor and Clerk be authorized by By-law (attached) to execute a Subdivision Agreement between John DeJong and the Corporation of the Town of Newcastle; and 5. THAT the implementing Zoning By-law (File: DEV 88-22) be submitted to Council for adoption at such time when the applicant has delineated the top of bank to the satisfaction of the Central Lake Ontario Conservation Authority and that the removal of the "Holding (H)" symbol be deferred pending execution of the Subdivision Agreement. . . .2 REPORT K0. : PD-110-88 PAGE 2 _______________________________________________________________________________ BACKGROUND AND COMMENTS: On February 12, 1988, the Town of Newcastle received u revised application for amendment to the Town's Comprehensive Zoning By-law 84-63, as amended. The proposed rezoning is to permit the development of four (4) Estate Residential Iota. The application was submitted by Mc. Jnbu DeJoug, and affects a 2.41 ha (5.95 acre) parcel of Iam] in Pact Lot 15, [ouoeooiou 3" former Township of Darlington. At the same time the Town of Newcastle was advised by the Region of Durham of a revised application for approval of m Plan of Subdivision also submitted by Mr. � DeJoug. The lots to be created will have m minimum frontage of 38m (124.7 ft.) and a minimum lot area of 4800 square metres (5I,668,5 aq.ft.) ' with access to Old 8ougog Road. The subject lands are presently zoned "Agricultural (&)o and designated "Estate Residential" in the Durham Regional Official Plan. Staff note Mc. DeJoug'a official Plan Application received 9o^mz Council approval on October 26, 1987' to allow non-farm residential development on said property. This was later endorsed by Regional Council in January, 1988 and given Ministerial approval February 12" 1988, as Amendment 0o. 183 to the Durham Regional Official Plan. / Staff would note for the Committee's information that pocauoot to Council's resolution of July 26, 1983 and the requirements of the Planning Act, the appropriate oigoage acknowledging the application was installed on the subject lands. Written notification was also provided to all neighbouring properties within 150 m (400 ft.) of the subject site. The Planning Department as of the ! date of writing this Report has not received any Letters of Objection from residents. COMMENTS: To date comments have not been received from three (3) of the agencies circulated through the revised proposal and rezoning. Staff note, however' that . . .3 REPORT N0. : PD-110-88 P&Q8 3 _______________________________________________________________________________ the subject agencies have provided comments with regards to the official Plan Amendment (86-61/D) which was approved by Council in October of 1987. The following agencies/departments noted no objection in commenting of the subject proposal: - Newcastle Fire Department - Newcastle Building Department; and - Regional Planning Department The remaining agencies also noted no objection to the proposed subdivision and rezoning, however, conditions by which approval abaII be given have been detailed. � Newcastle Public Works tment Public Works Staff had no objection to the applications conditional upon the applicant providing a 3.048m (lO ft.) road widening dedication to the Town; the developer contributing to the costs of reconstructing old Gnugog Road in accordance with Town Policy; and that other standard requirements regarding design criteria and easements be included. Regional Health Department � The Health Department Staff are also recommending approval conditional upon each lot having an individual drilled well; and the drilled wells be located in the front yard and a conventional Class 4 sewage system be installed in the rear yards. Ministry f Consumer and Commercial Relations Staff from this Ministry suggest a setback of 15m (50 feet) to the main building from the Trans-Northern transmission line easement. In addition, they have | recommended that a deposition on the title of each individual lot containing an easement or portion thereof, be attached restricting the use of said easement. . . .4 / REPORT 00. : PD-110-88 PAGE 4 _______________________________________________________________________________ Ministry of Natural Resources Natural Resources Staff's comments have remained unchanged. They have no objection to the proposal provided that the following condition be satisfied: "Prior to any grading or oouatcootiou on the site, the Owner shall prepare a Lot Grading and Site Drainage Plan, which shall be acceptable to the Ministry of Natural Resources. This plan will show all proposed surface drainage works and will describe the means to minimize on-site erosion and sedimentation of the tributary of Buvmnauville Creek, both during and after construction." Further, they will require the Subdivision Agreement to contain the following provisions: a) That the Owner agrees to implement the drainage, erosion and sedimentation control plan for the site as required above. b) That no damming, dredging or other alteration will be carried out on the tributary to 8ovmouvilIe Creek without the prior written authorization of the Ministry of Natural Reaooco*o. Central Labe Ontario Conservation Authority Authority Staff, in their comments for the Official Plan Amendment, noted the subject area should be capable of folly supporting future residential development without unduly impacting on the natural amenities of the site. The Staff reviewed the BydcngeoIogioal Assessment and were satisfied with the | findings and conclusions. Central Lake Ontario Conservation Authority's remaining concern at that time was the protection of the small BoYmnnuvilIe Creek Valley System. Their Staff had recommended that the southern most proposed lot be widened by adjusting the ooctbecu boundary, in order to allow ample tableland to accommodate primary and ancillary oaeo on the property, while protecting the abutting valley system. Planning Staff note that these comments were made' based on five (5) Iota being proposed for the site. The Official Plan Amendment approved four (4) lots, and the revised proposed Plan of Subdivision indicates four (4) lots. The revision � ^ ^ ^~ REPORT 0O. : PD-110-88 PAGE 5 ~~ _______________________________________________________________________________ Central Lake Ontario i on Authori appears to accommodate C.L.O.C.A. `a oouoecu as noted above. Staff further note that Section 3.19(b) cegoicea all structures be setback a minimum of 30m (100 ft.) from watercourses not zoned "Environmental Protection (EP)". This would apply in this instance as a tributary of the BowmnnVille Creek flows through the southern most lot. In follow up comments for the rezoning and subdivision application, Authority Staff noted that the applicant has not provided ±loodliue/top of bank information as had been requested, and that the lot layout may need to be further altered when these marks are determined. The intent of Authority Staff is to reduce flood risks and to minimize erosion and sediment transfer to the BqvmnaunilIe Creek. Conditions of approval have been incorporated in Attachment 0o. I" Regional Public Works Regional Works Staff have not submitted revised comments for the subject applications. Staff note that comments submitted for the official Plan Amendment (86-61/D) " Regional Wnzha has noted that the proposal will not impact on any Regional services, therefore, Staff have no objection to the ' processing of this application. However, the Region will require conditions with regards to levies being incorporated in the Subdivision Agreement. STAFF COMMENTS: As previously noted' this Report deals with both an application to amend the Town's Comprehensive Zoning By-law 84-63, as amended' and an application for approval of a revised Plan of Subdivision. The official Plan Amendment has ' already been dealt with and did receive Council approval last October. As was / D/ � REPORT 08. ; PD-II0-88 PAGE 6 _______________________________________________________________________________ outlined in Regional Planning Staff's comments, these applications were subject to a Regional official Plan Amendment, since this amendment was approved to allow four (4) Estate BeoideoLal lots, the subject proposals would appear to conform. The 0000erua expressed by the Town's Public Whcho Department can be incorporated in c*d-Iiom revisions to draft approval of the Plan, and the conditions of approval as attached. The conditions of the Health Department for individual drilled wells are consistent with official Plan policies. The second concern regarding the type and location of the sewage system to be installed is also easily addressed through conditions of approval. The Ministry of Agriculture and Food had noted no objection to the proposal, during the Official Plan circulation, as the proposed lots lie beyond the minimum separation distance of 427 ft. (130m) as required by the Agriculture Code of Practice. However, the Town's Zmo1ug By-law 84-63, Section 3.I9(c) states that all new non-farm residential development shall be setback a minimum of 380m from agricultural buildings housing livestock. It would appear that the three most northerly lots are within this required setback. Attachment 0o. 2 of this Report illustrates the separation distance. Since the Ministry of Agriculture and Food has no objection, a Minor Variance would be required to allow this development to take place in conformity with ! ! the Town's Zoning By-law. Pending receipt of a report indicating either the fluodIioe or top of bank, whichever is more restrictive (requested by C.L.O.C.&) , a minor variance may be required to allow a dwelling to be set within the 30m (100 ft.) setback as outlined in the Town's Zoning By-law should the report's findings indicate that useable table lands are within this area. Staff mute that no objections have been received from residents of the area. ! Given the above information received there appears to no longer to be an objection to the subject proposals. Staff therefore, recommend approval of the � REPORT 00. : PD-I10-88 PAGE 7 _______________________________________________________________________________ rezoning application in principle. However, the actual amendment will not be drafted until the applicant has identified either the floodliue or top of bank as required by Central Lake Ontario Conservation Authority. At that time, Staff will prepare an amendment to By-law 84-63v placing the necessary lands within the "Environmental Protection (EP)" zone and zoning the balance "Holding - Estate Residential ( (8)R8)'/. The "Holding (B)» symbol is to he removed at such time as the Subdivision Agreement is executed between the Town and the applicant. Staff further recommends draft approval of the revised application (I8T-87036) as further red-lined revised and subject to the conditions on Attachment 0o. I. Respectfully submitted, Recommended for presentation to the Committee / /4 ��� /� �~� / / -------------------------- ( -�-~�- ---------------- Franklin WO ^��aw�en Kotoeff r Director of Planning 6 Development Chief &d�i otcative officer TT CP*FW* 'ip , *Attach. May 4, 1988 CC: Mc. John DeJoug B.R. #1 B0WMA0VILLE, Ontario LIC 3K2 ATTACHMENT NO. 1 TO REPORT PD-110-88 TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL SUBDIVISION APPLICATION 18T-87036 1. That this approval shall apply to a draft Plan of Subdivision 18T-87036 prepared by Donevan and Fleischman Company Limited and identified as their file number 1-7238 dated revised November 12, 1987, which is revised in red as per the attached Plan showing Four (4) lots for Estate Residential development. 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 19, 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 the applicant apply for a minor variance with respect to Section 3.19(c) of the Town's Comprehensive Zoning By-law 84-63, as amended. 6. That a 3.048 metre (10.0 ft.) road widening be dedicated to the Town. 7. That the developer contributes to the costs of reconstructing Old Scugog Road (500) in accordance with Town Policy. 8. That street lighting g g be provided along the frontage of the proposed lots in accordance with Town standards. 9. That the applicant be required to pay to the Town of Newcastle, 5% cash-in-lieu of parkland dedication. i 10. That each lot be developed on individually drilled wells to be located in the front yards, to the satisfaction of the Region of Durham Health Department. 11. That the sewage system installed be located in the rear yards to the satisfaction of the Durham Regional Health Department. 12. That a 15m (50 ft.) setback be maintained between the residential buildings j and the Trans-Northern transmission line easement. 13. That a clause be registered on title restricting the use of the easement portion of the land, ato the satisfaction of the Ministry of Consumer and Commercial Relations. 14. That prior to any grading or construction, the Owners prepare a lot grading and site drainage plan acceptable to both the Ministry of Natural Resources and the Town of Newcastle Public Works Department. 15. That the Regional Public Works Department be satisfied financially and otherwise. . . .2 r Page 2 of ATTACHMENT NO. 1 TO REPORT PD-110-88 TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL SUBDIVISION APPLICATION 18T-87036 16. That no grading, filling or construction shall occur on site without the written approval of the Central Lake Ontario Conservation Authority. 17. That prior to final approval of the Plan, the Owner shall obtain Central Lake Ontario Conservation Authority approval of floodline mapping for the Bowmanville Creek tributary on site and make any lot line adjustments deemed necessary by the Authority. 18. That prior to final approval of the plan and upon approval of the floodline mapping, the Town's Comprehensive Zoning By-law be amended to include those lands below the top of bank or the floodline in the "Environmental Protection (EP)" Zone and the balance to be zoned "Holding-Estate Residential ((H)RE)". The Holding (H) symbol to be removed in accordance with the provisions of By-law 84-63, as amended. 19. The Owner shall agree in the Subdivision Agreement: a) to refrain from altering vegetation in the "Environmental Protection (EP)" zone on Lot 4 without first consulting with the Central Lake Ontario Conservation Authority; and b) to carry-out or cause to be carried out to the satisfaction of the Central Lake Ontario Conservation Authority, grading, filling and construction on the subject lands. i i i 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 John DeJong 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 John De Jong 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 I I I I I I I F/LE �8T-87036 H R�o Roao auoWANCE oclwenl -OI CESSIONS .111 4 18,1 87 03 G) I DRAFT PLAN OF SUBDIVISION ;' r'` I OF PART OF LOT 15,CONCESSION 3 TOWNSHIP OF DARLINGTON,now In the TOWN OF NEWCASTLE II REGIONAL MUNICIPALITY OF DURHAM 1 n I Q p `.CALF. - I 12S0(1.1Ermc) r I A Ij ILOT a ll C _S I I y�r xe x 80 AN IL E CONCESSION 3 " rl I a - _ yL�xe �rx.xF-xo..,„exx vrF<rxT I , fN,a•xr\ - --�� �- . �E sc YN PL4N I t ¢��E• I I S 0000 0 ADDITIONAL INFORMATION REQUIRED J UNDER SECTION 50 OF THE O �_w t. I ( a / PLANNING ACT. ��-{-� vA f J AS SHOWN ON DRAFT PLAN m SnnwN D N r PL nN (rl II Na Sel _ Y•v - c AS SHOWN ON DRAFT B nEY PLANS A RESIDENt IAL,SINGLE inv:•r ESTATE LOTS t! p <NORTN B WEST SMALL HO HS1 $ W f� EASI OWNERS RESIDENCE SOUTN REST DEN(ES ON DRAFT PLAN C I 111 F L • Q i Z 9 AS SNOWN ON DRAFT O KEY PLANS 1 lil .. . - INDIVDUAL DRILD WELLS ^ fY 1• FINE 1To LED”"SAND WITH CLAYEY i C•Y I` C^., f N.:J .�EPh.ECr \\�. �./ 'I. ASILT TILL IAS SHOWN ON DRAFT PLAN ¢L' �I t•.Er\NiA�SEPi,(i NA5 F wnv ' / N " - • pi Q AS -rN ON ER\ PrPE PLAN RI(•Ht D ( t xi•EiE (� ASHOUxI ON DRAFT PLAN Ia 5 GENERAL NOTES BI LAND USE AREA Of DRAFT PLAN 2•I Tee LOTS I-a RE-> ESTATE L10T5 MIN LOT OT uI AREA BO JB FRONTAGE m II- W a 1 BUTTERY COURT o 1 z ' w I ¢ METRIC \I 41 I I \ -' DrSTANCES So NaN t" vDlv�DN4 D,F S1o,s �'r1 DE[NvER IED TO EEf iqD / I \ ' I SUNVE YOR's U1111FICAIE Inn n rlwNnrnl}Dr r �nr, rOII 1.11 vR'ID A", OWNI N•S Lf NI ILAII DONEVAN AND FLEISCHMANN COMPANY LIMITED • ONTARIO LAND SURVEYORS rnr"• ,., •/ HON IARIO STREET PICNERING TOWN CEN/NF f`ICNE NINfi LIV IRR / III I 2 /j(( ( 130m RADIUS FROM POULTRY BARN REQUIRED BY MINISTRY OF AGRICULTURE ! S,q�FM -..�.. 1 / •CONC li l \ \9 \\ TY 300m RADIUS FROM POULTRY BARN i REQUIRED BY BY-LAW 84-63 S.3.19(c) SIT I ; I- Attachment No. 2 0 100 200 400m IOOm 20