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HomeMy WebLinkAboutPD-103-88 DN: 103-88 TOWN OF NEWCASTLE REPORT File C/1 YZ Res. #6 PA -J,'Ld--S B -Law # - c,? y MEETING: General Purpose and Administration Committee DATE: Monday, May 16, 1988 REPORT #: PD-103-88 FILE #: 18T-87034 and DEV 87-42 SUB.-ECT: APPLICATION FOR SUBDIVISION APPROVAL - KIDDICORP INVESTMENTS (FORMERLY AKAL CONSTRUCTION LIMITED) PART LOTS 33 & 34, CONCESSION 21 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)R1)" 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 00. : PD-103-88 P&QO 4 ------------------------------------------------------------------------------- proposed road and Iota, can only take place if the affected resident is willing to sever and sell the necessary lands. Option "B' as mentioned above, is the DcuBooaI now before Committee. The subject subdivision is one of two (2) proposed by the applicant within the Couctioe 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 Wncka Department only. Agency comments are contained in the previous Report (PD-2I-88) , which is attached for information ' purposes. Some o f the �oucecua 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 Pack Site Master Plan; Grading and Sodding; Vegetative planting; water and sewer hook-ups; and fencing and oiguagev Community Services Staff recommend that, in lieu of parkland over dedication, the Town exchange ownership of 1.382 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 pIayfield components involved with two baseball diamonds, one soccer pitch and a nbildreuo playground at no cost to the municipality. Specifically: Two (2) backstops with associated fencing; One (l) set 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. 6 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 (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 REPORT 00. : PD-I03-88 PAGE 7 ------------------------------------------------------------------------------- 5.3.2(iii) (a) states: "Neighbourhood parks shall not nocmuIIv 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 DcopVaol (18T-87040) . This application also requires a five percent (58) parkland dedication which amounts to 0.54 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 fact that the proposals are adjacent, Staff have no difficulty in allowing this zagueotv 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 pack oneroiziug in application 18T-87034. During discussions with the applicant it has been brought to Staff's attention, that the Town owns laud abutting the northern boundary of said proposal, 1.382 ho (3.18 uocea) 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 laud for the balance of the over-sized parkland provided in the subject plan (I.037 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. An 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 nveraizing^ the Town exchange nwoecobi9 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)" 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, ommittee ---- ------- ------------------- L.D. Ta or 111jawrenc Kotseff Deputy Director of Planning Chief d nistrative 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 C1 OSHAWA, Ontario MISSISSAUGA, Ontario L4Z 1N9 LlH 7K6 go) 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. l 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. 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. i 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. i 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. 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IS N IJ 10 Nq,+x•o<' ` �--) ' ,,2tb r ,2T6 A 'K.ycf N]2'�I x:]..i IN]2•µ•so ?} �— � 1 O � Z• L� I 'Ow /CEQ"t�Y3-^�.4T f�` SuQ EYOR�C RTic.C�a>E "0 40 {I � N >�' i p ` `� �w anjo-�O .}s rsrorC .<GQ<Fr L�� �❑ oc a•��C4�c.o6 Cocas�Gv ,e '� r .e/OOK-bQO/MiESTMC�LJ�"NTEO °iO¢�G v...-,o® �~ H Z �f ♦ 3T D wo' G�J� O.C.Blddl.6 Aa...I °.Uml..1 1 ATTACHMENT + 3 A �!!�% � _� � . � _ � � r �--�, --I_� __ II ( - . ,; , � � _� �� _____ i � �' ' ___- � � � --- I --�- � ��__\ 1 __ 4' � � .'� � � " / � \ ,� -- � L D T' 3-S �� �� � � � � � � /UnJ i � ���� �� ___ I � � �.� _ � � - � � i U � i i - i i Yi Am I =jj C I 1 16(14) I I - Dj �l �l L_J I �\ i L� i i �f � I i j `i (w '� • 72cDo LA I Z—,e2v�o ow�v�o. i i LOT 34 CONCESSION 2 � /pe ov G LOT 35 II LO 34 LOT 33 AREA TO BE TRANSFERRED ( 1 . 282 ha) LOT �,=AREA OWNED BY TOWN REG.�P 4p N REG. LMI]U I I GLENABBEY gppp Z � (O iURNeEPgY CgESCENE //��/• VJ OINq ifREET w U Z i p U � FG!9N^L�32 AREA TO BE TRANSFERRED ATTACHMENT # 4 ® AREA OF DRAFT PLAN ® ADDITIONAL LANDS OWNED BY APPLICANT DN: 21-88 (4 0 �. :.«. �. TOWN OF NEWCASTLE REPORT File # Res_ # ATTACHMENT # 5 By-Law # MEET %: General Purpose and Administration Committee DATE: Monday, February 15, 1988 REPORT #: PD-21-88 FILE #: 18T-87034 &RECT: APPLICATION FOR SUBDIVISION APPROVAL - AM CONSTRUCTION LTD. PART LOTS 33 & 34, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILE: 18T-87034 RECOXGaDMATIONS: 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 J. tun 1' Lllc: �JilJ�i.J:J C..i. GC�11111j ij1-1a:... C,..::.1 �.....,-.. . .v .• -- 1.,�. Comprehensive Zoning By-law, as amended, be deferred pending execution of a Subdivision Agreement; and i 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 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 . . .2 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)Rl)" zone and rezoning the northwest corner from "Environmental Protection (EP)" zone to "Urban Residential Type One (R1)" 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 u'_rectly Lo the sou,t it o.: said �Uiv�U�al (iii'-d!�}41 ivl- tl '_Gj . 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 corlinents. riesiaenLS au tiie 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. i i i 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 194 to 196. . . .3 i I 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 - *'-)rthu?nberland 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 Comumiunity Services Department Plan of subidivison provided the following concerns or conai.tions were 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 containm°nt 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 i 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 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 i temporary "dead-end" streets. The subject plan is a good example of this /�(A, 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 dC velopiuenL as L7e11 a5 tilt Q VLiv�=L ucli:� 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 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 - �:.,:i:�_::tCLaL"iti�ii Cry_ 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. #k4 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 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, 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. -12 BOWMANVILLE, Ontario Mr. William Hunter 'L1C 3K3 2446 Prestonvale Road R.R. #2 BOWMANVILLE, Ontario L1C 3Y,3 Gail and Gi fford MacKenzie 2394 Prestonvale Road R.R. #4 OSHAWA, Ontario L1H 7K6 c cr� �_ fib.._ �_ � � . . � � ,� �� � , � __ � ors :��� , fl � j 2 4 1p } � \ \ � �` \\ Hof ��,a , ' . ��" %� 4 A 4pr 4P ji �;I/ A( iM 1'4 0 0 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. 6. 'i'naL the reserves be aedicate6 Lo the as SllovIti iii re6 oil Lilt'_ 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 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. That the - .ct of the traffic onto Prestonvale 7-iPd nrnerated 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. 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. That sight triangles (4.5m x 4.5m) be provided at all intersecting? roads. 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. 25. That the developer meet all of the requirements of the Durham Regional Public Works Department. . . .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. 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 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 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 i