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.
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REPORT K0. : PD-110-88 PAGE 2
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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.
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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
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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.
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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
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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.
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REPORT 00. : PD-110-88 PAGE 4
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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
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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 �
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REPORT 0O. : PD-110-88 PAGE 5 ~~
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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
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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
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already been dealt with and did receive Council approval last October. As was
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REPORT 08. ; PD-II0-88 PAGE 6
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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 !
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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
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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
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-------------------------- ( -�-~�- ----------------
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.
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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.
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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.
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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
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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
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REGIONAL MUNICIPALITY OF DURHAM 1 n I Q p
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ADDITIONAL INFORMATION REQUIRED
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UNDER SECTION 50 OF THE
O �_w t. I ( a / PLANNING ACT.
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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
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( t xi•EiE (� ASHOUxI ON DRAFT PLAN
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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
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1 BUTTERY COURT o
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METRIC
\I 41 I I \ -' DrSTANCES So NaN t" vDlv�DN4 D,F S1o,s
�'r1 DE[NvER IED TO EEf iqD
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' I SUNVE YOR's U1111FICAIE
Inn n rlwNnrnl}Dr r �nr, rOII
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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
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130m RADIUS FROM POULTRY BARN
REQUIRED BY MINISTRY OF AGRICULTURE
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-..�.. 1 / •CONC
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300m RADIUS FROM POULTRY BARN
i REQUIRED BY BY-LAW 84-63 S.3.19(c)
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Attachment No. 2
0 100 200 400m
IOOm 20