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TOWN OF NEWCASTLE
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(SING: General Purpose and Administration Committee
DATE: July 18, 1988
REPORT #: PD-164-88 FILE #: 18T-86017
SUBJECT: APPLICATION FOR APPROVAL OF PLAN OF SUBDIVISION
ALECK MOFFAT
PART LOT 27, CONCESSION 4, FORMER TOWNSHIP OF CLARKE
FILE: 18T-86017
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-164-88 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-86017 dated as March 15,
1988, and attached hereto, subject to the revised conditions contained in
Attachment 1 hereto; and
3. THAT the attached by-law authorizing execution of a Subdivision Agreement
between Aleck Moffat and the Corporation of the Town of Newcastle be
approved and that the Mayor and Clerk be authorized to execute the
Subdivision Agreement between Aleck Moffat 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
4. THAT a copy of Report PD-164-88 be forwarded to the Region of Durham.
1. BACKGROUND
1.1 On March 7, 1986, the Town of Newcastle was advised by the Region of Durham
of an application for approval of a Plan of Subdivision submitted by Mr.
Aleck Moffat. The subject application proposed the creation of a ten (10)
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REPORT NO. : PD-I64-88 PAGE 2
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1.1 lot residential subdivision on a 3.96 hectare pacoaI of land in Dart Lot 27'
Concession 4, former Township of Clarke (see Key Map attached) . The subject
property is situated east of Highway 35/1I5 and has been severed from the
remainder of the applicant's laud holding by the new exit camp connecting
the Highway to the Sommerville Drive extension.
l.% Staff note that Council gave draft approval to the proposed Plan of
Subdivision, as revised in cad, approving ten (10) lots, nine (9) of which
have access to a court, the remainder having access on Sommerville Road.
1.3 Subsequently, on April 22, 1987 the Town was informed that the applicant had
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revised his plan to eliminate the proposed court. On Monday, September 31,
1987" 9loouiug Staff reported to Committee on the revised Plan, recommending
draft approval. This was tabled at the applicant's request, as he was not
agreeable with the conditions of approval.
1.4 On Mecob 22, 1988, Planning Staff once again received a revision to the
subject application. The proposed subdivision now essentially reflects the
initial submission in 1986, containing ten (10) residential lots, this time
all gaining access via the proposed court.
1.5 Staff note an application for zoning by-law amendment was also filed by Mc.
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Moffat. Application DEV 86-55 received approval in principle, the by-law to
be forwarded to Council for adoption at such time as a Subdivision Agreement
is entered into for the proposed Plan of Subdivision (18T-86017) .
2. OFFICIAL PLAN CONFORMITY
3.1 The subject property is located within the Hamlet of Orono. The Docbom
Regional official Plan does not designate this as u growth Hamlet, therefore
Section I0.4.2.1 of the Durham Regional Official Plan applies, in addition
residential development shall be limited to minor internal iufilling and/or
minor additions to existing development.
REPORT NO. : PD-164-88 PAGE 3
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2.2 Staff note that a Hamlet Plan is presently being developed for the Orono
area. However, the Newcastle official pIao Hamlet policies would atlII
apply.
3. COMMENTS
3.1 Staff have reviewed the plan as well as the limited number of comments
received from the third circulation. Commenting agencies which did respond
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have noted that their previous comments remain applicable. Staff ±oct6ec
note that both the original application, as well as, the revised
application were recommended for approval by Planning Staff.
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3.3 The subject application parallels the original submission which previously
reoieved Council's draft approval, except for the design of Lots l and 2 and
configuration of the actual proposed lots. The lot sizes would appear to
comply with the zone minimum, as would lot frontage. The existing Moffat
residence located on Lot 2 would also appear to comply with all zone
setbacks.
4. RECOMMENDATION
4.1 Given the minor nature of the revision to draft approval, Staff feel that
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the previous draft approval should apply with minor revisions to the
conditions of approval, to reflect the proposal as revised.
4.2 In consideration of the comments contained within said Report, Staff would
have no objection to the approval of the pIau of Subdivision 18T-860I7, as
revised subject to the revised conditions of draft approval on Attachment
0o. 1 annexed hereto.
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REPORT 00. : PD-164-88 PAGE 4 '
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Respectfully submitted, Recommended for presentation
to tb {ommit
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Franklin Wu La rence otseff
Director of Planning 6 Development Chief Ad u tcative officer
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*Attach.
July 7, 1988
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cc Mr. Aleck Moffat
B. D. #1
Orono, Ontario
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ATTACHMENT NO. 1 TO REPORT PD-164-88
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION 18T-86017
1. That this approval shall apply to a draft Plan of Subdivision 18T-86017,
prepared by Brown and Coggan Limited, Land Surveyors and Engineers, identified
as file number 188021-DP which is dated March 15, 1988, and illustrating ten
(10) lots for single family dwellings.
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 the Owner grant to the Town, free and clear of all encumbrances, the 3.0
metre road widening, 0.3 metre reserve and sight triangles as shown on the
revised plan.
6. That the works be designed and constructed in accordance with the Town of
Newcastle's Design Criteria and Standard Drawings.
7. That the road allowances included in this draft plan be dedicated as public
highways.
8. That the road allowances included in the plan be named to the satisfaction of
the Town of Newcastle.
9. That the Owner contribute to reconstruction of Sommerville Drive as per Town
policy.
10. That the Owner bear the costs (100%) of all works on Sommerville Road which are
necessitated as a result of this development.
11. That the Owner agrees to pay to the Town of Newcastle, the cash value of the
five percent (5%) parkland dedication in lieu of parkland.
12. That the Owner agrees to satisfy all other requirements of the Town of
Newcastle, financially and otherwise.
13. That the necessary amendment to By-law 84-63, as amended, of the Town of
Newcastle, which maintains existing "Environmental Protection" zones, be
finalized upon Subdivision Agreement being entered into.
14. That all of the other Town of Newcastle standard requirements re: Lot Grading,
Schedules of Work, Performance Guarantees, Cost Estimates, etc. be included in
the Subdivision Agreement.
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ATTACHMENT NO. 1 TO REPORT PD-164-88
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION 18T-86017
15. That the Owner agrees, in writing, to satisfy all the requirements, financial
and otherwise, of the Region of Durham.
16. That the Owner covenants and agrees to negotiate with the Town of Newcastle a
cash contribution for Fire Protection purposes.
17. That the Owner agrees to satisfy the requirements of the Ministry of Natural
Resources as specified below:
a) Prior to any grading or construction on the site, the Owner shall erect a
snow fence or other suitable barrier along the top of the valley slope.
This barrier shall remain in place until such time as all grading,
construction and landsscaping of the site are completed, and shall be
maintained to prevent the placement of fill or removal of vegetation within
the valley system of the subject watercourse.
b) Prior to any grading or construction on the site, the Owner shall prepare a
stormwater and erosion control 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 soil erosion and the
direct discharge of stormwater flow into the subject watercourse, both
during and after construction.
c) The Owner shall provide certification by a professional engineer that the
works required by the stormwater and erosion control plan required by (b)
above, have been completed satisfactorily.
d) No damming, dredging or alterations will be carried on this tributary of
Wilmot Creek without the prior written authorization of the Ministry of
Natural Resources.
18. That the Owner agrees to satisfy the requirements of the Ministry of the
Environment as specified below:
a) Prior to final approval, the Owner shall engage the services of a Consultant
to complete a Noise Study recommending noise control features satisfactory
to the Ministry of the Environment and the Town of Newcastle.
b) Prior to final approval, the Ministry of the Environment shall be notified
by a copy of the fully executed subdivision agreement between the developer
and the municipality that the noise control features recommended by the
Acoustical Report and approved by the Ministry of the Environment and the
Town of Newcastle shall be implemented as approved, by requirements of the
Subdivision Agreement.
c) In the event that a slight noise level excess will remain, despite the
implementation of the noise control features, the following warning clause
shall be included in a registered portion of the subdivision agreement for
subsequent inclusion in Offers of Purchase and Sale for the affected lots:
ATTACHMENT NO. 1 TO REPORT PD-164-88
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION 18T-86017
"Purchasers are advised that despite the inclusion of noise control features
within the development area and within the individual building units, noise
levels may continue to be of concern occasionally interfering with some
activities of the dwelling occupants."
d) Prior to final approval the Ministry of the Environment is to be in receipt
of a Hydrologist's Report which ascertains the availability of an adequate
supply of potable water to service the development. The report should
comment on existing water quality as well as the potential for cross
contamination and well interference.
e) Prior to final approval, the Ministry of the Environment shall be notified
by a copy of the fully executed subdivision agreement between the developer
and the municipality, that the recommendations of the Hydrogeological Report
as approved by the Ministry of the Environment, shall be implemented by
requiremments of the Subdivision Agreement.
19. That the Owner agrees to satisfy the requirements of the Region of Durham
Health Department with respect to the location of well and private sewage
disposal system for each lot.
20. Prior to final approval pp jurisdiction for the re-aligned 5th Line (Sommerville
Road) shall be transferred to the Town of Newcastle from the Ministry of
Transportation and Communications subject to such terms and conditions as may
mutually be agreed upon.
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21. That the Owner agrees to satisfy the requirements of the Ministry of
Transportation and Communications with respect to land use permits.
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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 Aleck
Moffat 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 Aleck Moffat 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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