HomeMy WebLinkAboutPD-110-85 File No.
4
CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director
HAMPTON,ONTARIO LOB 1,10 TEL.(416)263-2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING
OF JULY 15, 1985
REPORT NO. : PD-110-85
SUBJECT: APPLICATION FOR APPROVAL OF PLAN OF SUBDIVISION -
INCHAFFRAY INVESTMENTS LIMITED
PART LOT 29, CONC. 2, NEWCASTLE VILLAGE
FILE: 18T-85010
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following :
1 . That Report PD-110-85 be received; and
2. That the Region of Durham be advised that the Town of
Newcastle has no objection to draft approval of Plan
of Subdivision 18T-85010 subject to the conditions
* outlined on Attachment No. 2 hereto; and
3. That a copy of Staff Report PD-110-85 and Council 's
decision be forwarded to -the Region of Durham and the
applicant.
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REPORT NO. : PD-110-85 Page 2
BACKGROUND:
On May 3rd, 1985, the Town of Newcastle was advised by the Region
of Durham of an application for approval of a plan of subdivision
submitted by Inchaffray Investments Limited. The subject
application proposes the creation of fifteen (15) single family
lots on a 1 .59 hectare parcel of land on the west side of Regional
Road No. 17 immediately south of the CPR tracks in Newcastle
* Village (see attached key map).
In January, 1984, the applicant applied -to the Region of Durham
Land Division Committee (applications LD 38/84 to LD 43/84) for
permission to create six (6) lots with direct access to Regional
Road No. 17 on the southern portion of the subject property. The
applicant also indicated his intention to proceed with severances
on the remainder of the property at a future date. In comments to
the Land Division Committee, Town Staff noted that the subject
lands are designated "Residential " by the Newcastle Village Small
Urban Area Plan, and that the Official Plan states that
development within residential neighbourhoods shall generally be
by means of plans of subdivision. The pattern of development
established by the proposed severances were not in conformity with
the draft Neighbourhood Plan prepared by Town Staff and did not
have regard for the development of adjacent lands. Staff further
noted that Regional Road No. 17 is a Type 'B' arterial road and
that -the Regional Official Plan limits adjacent access points onto
such a road in an urban area, the intention being to require lots
along regional roads to have reverse frontages. Staff recommended
to the Land Division Committee that the applications for consent
be denied. The Committee tabled the applications for one year and
in February 1985, dismissed the applications at the applicant 's
request.
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REPORT NO. : PD-110-85 Page 3
Concurrent with the Land Division applications , the applicant
submitted to the Town an application to rezone all of the lands to
permit the proposed residential development. In Report PD-62-84,
which was considered by Committee on March 5, 1984, Staff
indicated no objection to the principle of rezoning the subject
lands and recommended that the application be tabled pending
resolution of the subdivision question. Committee approved the
recommendation which was endorsed by Council on March 12, 1984.
The subject lands were subsequently zoned "R1" with -the approval
of By-law 84-63, the Comprehensive Zoning By-law.
As previously indicated, the subject subdivision application was
submitted on May 3rd, 1985. The applicant also submitted a Noise
Attenuation Study in support of the proposal . This study
indicates that the subdivision plan as submitted was designed to
maximize the distance between the CPR tracks and the houses on the
lots closest to the tracks, in order to bring -the decibal level in
the dwellings to within the standards prescribed by the Ministry
of the Environment. The study suggests that warnings on title
about daytime rail noise would be necessary on all lots within 120
metres of the rail lines (ie. Lots 10 to 15), and further that
these lots will require central air conditioning in order to
minimize the adverse effects of the rail noise. As well , the
study further suggests that Lots 6 to 10 be equipped with forced
air heating with allowance for air conditioning in the future, and
that all lots from 6 upwards have warnings on title regarding
night time rail noise. The study made further suggestions
regarding the construction of the homes to minimize the effects of
rail noise.
In accordance with departmental procedure, the subdivision
application was circulated to various departments for comments.
As well , the Region has provided copies of all comments received
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REPORT NO. : PD-110-85 Page 4
through their circulation of the application . The following is a
summary of the major comments received:
Town of Newcastle Public Works Department
1. The east/west right-of-way at the south limit of the Plan
should be shown as a proposed street, be dedicated as such,
and have a width of 26.2.1 metres (ie. collector status).
2. A 0.3 metre reserve should be placed along the full length of
the westerly boundary of the development to protect for future
development -to the west.
3. The cul -de-sac bulb should have a radius of 18.25 metres per
Town Design Standards.
4. A 9.1 metre by 13.7 metre site triangle on North Street should
be provided at the intersection of the east/west road and
North Street.
Town of Newcastle Community Services Department
The subject subdivision is considered infilling in this area for
park purposes and -the residents would use the existing neighbour-
hood park, Memorial Park. We therefore recommend cash-in-lieu of
5% park dedication.
Region of Durham Works Department
Full municipal services are available to the subject plan through
the existing watermain and sanitary sewer on North Street. Due to
the proposal proceeding with reverse frontages onto North Street,
it would appear to have no adverse effects on the abutting
Regional Road.
Canadian Pacific Railway
CPR Rail does not wish to object to -the plan of subdivision
conditional that -the recommendations as indicated in the Noise
Attenuation Study be implemented. Although great measures are
being taken to reduce -the impact of railway operations on the
subdivision, it is felt that the comfort of potential residents
may be further diminished in the future with increased rail
traffic.
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i
REPORT NO. : PD-110-05 Page 5
Canadian Pacific Railway (cont'd)
In order to discourage children from trespassing on to the
right- of-way, a condition would also be required in the
sudivision agreement stating that a 6 foot high chainlinked fence
be erected along the common boundary of the railway right-of-way
and the subdivision by the developer at his expense. The
developer is also to be made aware of the necessity of including a
covenant running with the land, in all deeds, obliging the
purchasers of the land to maintain the fence in a satisfactory
condition at their expense.
The subject application was circulated by the Region of Durham to
the Ministry of the Environment for comment. However, as of the
date of this report, no reply had been received by the Ministry.
COMMENT:
The most significant issue of concern highlighted as a result of
the circulation of the draft plan of subdivision, relates to the
proximity of the CPR tracks to the proposed development. The
Newcastle Village Official Plan (Section 2.1 .3(vii )) requires that
appropriate buffers such as setbacks, berms, walls etc. be
required to separate residential uses from non-residential uses
for the purposes of reducing or eliminating noise conflicts.
Buffering requirements shall be determined for relevant
development applications by the Town , in consultation with the
Ministry of the Environment and other affected public agencies.
As indicated earlier, the applicant has submitted a noise
attenuation proposal in support of the subdivision application.
However, no comments have been received from the Ministry of the
Environment as to the acceptability of the measures proposed by
the study. As well , Staff note that Canadian Pacific has
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REPORT NO. : PD-110-85 Page 6
requested that the developer be required -to erect at his expense a
six foot high chainlinked fence along the common boundary of the
railway right-of-way and the subdivision, and that a covenant be
registered against the appropriate deeds obliging the purchasers
of the land to maintain the fence in a satisfactory condition at
their expense.
It is therefore recommended that the following be included in the
Town 's conditions of draft approval for the proposed plan of
subdivision (see Attachment No. 2) :
"Prior to final approval , the Owner shall submit a Noise
Study recommending noise control measures satisfactory to
the Ministry of the Environment and the Town of Newcastle.
Prior to final approval , the Ministry of the Environment
shall be notified by a copy of the fully executed
subdivider 's agreement between the developer and -the
municipality, that the noise control measures recommended
by the acoustical report and any features recommended by
the Ministry of the Environment shall be implemented as
approved, by requirement of the subdivider's agreement.
In the event that a slight noise level excess will remain
despite the implementation of the noise control measures,
the following warning clause shall be included in a
registered portion of the subdivider's agreement and shown
in all Offers of Sale and Purchase on those lots identified
by the Ministry of the Environment:
"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."
That the requirements of Canadian Pacific with respect to
the provision and maintenance of a barrier between the
Canadian Pacific right-of-way and the subdivision be
satisfied."
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REPORT NO. : PO-110-85 Page 7
Staff have also reviewed the comments submitted by the Public
Works Department and the Community Services Department and are
recommending that appropriate clauses be included in the Town's
conditions of draft approval .
Staff note that the plan of subdivision as proposed, would not
prejudice the development of adjacent lands to the west.
Based on our review of the comments received, Staff have no
objection to the approval of the proposed plan of subdivision
* subject to the conditions as specified by Attachment No. 2.
It is therefore recommended that Council advise the Region of
Durham that the Town of Newcastle has no objections to the
approval of draft plan of subdivision 18T-85010, subject to the
conditions outlined in Attachment No. 2 hereto, and that a copy of
this report and Council 's decision be forwarded to the Region of
Durham and the applicant.
Respect f tted,
T.T. Edwards, M.C. I.P.
Director of Planning
JAS*TTE*jip
*Attach.
July 8, 1985
Applicant: Inchaffray Investments Limited
c/o Mr. Michael Meredith
191 Eglinton Avenue East
Suite 304
TORONTO, Ontario
M4P 1 Kl
ATITACHMENT 1 TO REPORT PD-110-85
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ATTACHMENT NO. 2 TO REPORT PD-110-85
TOWN'S CONDITIONS OF DRAFT PLAN APPROVAL 18T-85010
1. That this approval shall apply to a draft plan of subdivision
dated April 16, 1985.
2. That all road allowances in this draft plan be dedicated as
public highways.
3. That the streets in the plan be named to the satisfaction of
the Town of Newcastle.
4. That the east/west right-of-way at the south limit of the
Plan should be shown as a proposed public street, and be
dedicated as such.
5. That the following modifications be incorporated into the
plan of subdivision and the lot lines adjusted accordingly:
a) The east/west right-of-way at the south limit of the Plan
should have a width of 2.6.21 metres.
b) A 0.3 metre reserve should be placed along the full
length of the westerly boundary of the proposed
subdivision and be dedicated to the Town of Newcastle.
c) The cul -de-sac bulb should have a radius of 18.25 metres
per Town of Newcastle Design Standards.
d) A site triangle measuring 9.1 metres by 13.7 metres on
North Street should be provided at the intersection of
the east/west road and Regional Road No. 17.
6. That the owner shall enter into a subdivision agreement with
the Town of Newcastle to include, in addition to the Town 's
usual requirements, the following provisions. The Owner
agrees:
a) to satisfy all requirements of the Town of Newcastle ,
financial or otherwise, including but not limited to the
management of storm water drainage;
b) to design and construct all works in accordance with the
Town of Newcastle Design Criteria;
c) to pay to the municipality cash-in-lieu of the five
percent (5%) parkland dedication.
. . .2
i
iv �)
Page 2 ATTACHMENT NO. 2 TO REPORT PD-110-85
7. Prior to final approval , the Owner shall submit a Noise Study
recommending noise control measures satisfactory to the
Ministry of the Environment and the Town of Newcastle.
8. Prior to final approval , the Ministry of the Environment
shall be notified by a copy of the fully executed
subdivider's agreement between 'the developer and -the
Municipality, that the noise control measures , recommended by
the acoustical report and any features recommended by the
Ministry shall be implemented as approved, by requirements of
subdivider's agreement.
9. In the event that a slight noise level excess will remain
despite the implementation of the noise control measures, the
following warning clause shall be included in a registered
portion of the subdividers agreement and shown in all Offers
of Sale and Purchase on those lots identified by -the Ministry
of the Environment;
"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. "
10. That the requirements of Canadian Pacific with respect to the
provision and maintenance of a barrier between the Canadian
Pacific right-of-way and the subdivision be satisfied.
i
ATTACHMENT 1 TO REPORT PD-110-85
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