HomeMy WebLinkAboutPD-105-85 File No., `�,� A
4
CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director
HAMPTON,ONTARIO LOB UO TEL.(416)263-2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING
OF JULY 15, 1985
REPORT NO, : PD-105-85
SUBJECT: PROPOSED PLAN OF SUBDIVISION - BOWMANVILLE
CONSTRUCTION LIMITED
PART LOT 27, CONCESSION 2, NEWCASTLE VILLAGE
FILE: 18T-85013
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1 . That Report PD-105-85 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-85013, revised as indicated on
* Attachment No, 1 and subject to the conditions
contained in Attachment No, 2 to Staff Report
PD-105-85; and
3. That a copy of Council 's decision be forwarded to -the
Region of Durham and the applicant.
F
, ..2
r
REPORT NO. : PD-105-85 Page 2
BACKGROUND:
On June 12, 1985, the Town of Newcastle was advised by the Region
of Durham of an application submitted by Bowmanville Construction
Limited for approval of a draft plan of subdivision located in Part
* of Lot 27, Concession 2, Newcastle Village (see attached key map).
The draft plan covers 6.093ha and proposes the creation of
forty-one (41 ) single family lots. The subject property is
designated "Residential " in both the Durham Regional Official Plan
and the Official Plan of the Newcastle Village Small Urban Area,
and is zoned "R2" by By-law 84-63. The Newcastle Village Official
Plan also indicates the presence of "Hazard Lands" on the subject
lands relating to an intermittent watercourse. These lands are
zoned "Environmental Protection" by By-law 84-63.
A plan of subdivision was previously submitted on the subject lands
in January, 1978, with a revised plan being submitted in March,
1979 (File: 18T-77133). The General Purpose and Administration
Committee reviewed the previous application at its meeting of
October 3rd, 1983 through consideration of Staff Report PD-137-83.
In the report, Staff recommended a number of revisions -to the
proposed plan in order to bring the plan into conformity with the
Newcastle Village Official Plan and the Neighbourhood Plan. These
modifications involved extending George Street to provide an
additional access to the proposed subdivision and adjusting the
location and size of the lot accordingly. As well , revisions were
made to the plan to recognize the limits of the Hazard Lands
associated with the intermittent stream. Staff recommended that
the Ministry of Municipal Affairs and Housing be advised that the
Town of Newcastle had no objection to draft approval of Plan
18T-77133 as revised. The Committee approved this recommendation
. . .3
1 U (a)
REPORT NO. : PD-105-85 Page 3
which was subsequently endorsed by Council on October 10, 1983.
As the result of the redline revisions recommended by the Town, the
Ministry of Municipal Affairs and Housing indicated that it wished
to recirculate the proposed plan of subdivision. However, in April
of this year, the Ministry closed its subdivision file and advised
the applicant that revised plans should be submitted. Accordingly,
the applicant has submitted for approval a revised plan of
subdivision under the current file 18T-85013.
COMMENT:
The proposed plan of subdivision most recently submitted by the
applicant corresponds in all significant aspects with the revised
plan recommended for approval by the Town. Neither the Public
Works Department nor the Community Services Department have
indicated any objection to this proposed plan. Inasmuch as the
Town has already considered the subject subdivision plan, Staff do
not feel it is necessary to await receipt of comments from agencies
circulated by the Region of Durham prior to bringing forward a
recommendation on the proposed subdivision plan. However, for
Committee and Council 's benefit, Staff will outline the major
concerns which were identified through the circulation of the
previous plan of subdivision and which are relevant to the Plan
currently being considered. As well , Staff will relate these
concerns 'to the conditions of draft approval attached to this
report as Attachment No. 2.
The most significant issue of concern relates to the excess noise
level created by the proximity of the proposed subdivision to the
CPR tracks to the north. The Ministry of the Environment indicated
that noise attenuation measures will need to be incorporated into
the plan in order to bring the noise levels down to an acceptable
. . .4
REPORT NO. : PO-105-85 Page 4
level . The applicant submitted a Noise Attenuation proposal to the
Ministry in 1979. The proposal involves the construction of a
berm/barrier combination between the rail line and the rear yard
adjacent to the tracks. The Ministry indicated to the Town that,
based on the proposal , they are satisfied that a suitable living
environment on the site can be achieved.
Staff note that a Noise Attenuation proposal has not been submitted
in support of this most recent application and therefore, Staff is
not in a position to comment on the aesthetics of any noise
attenuation measures. As well , any berms/barriers constructed may
have to be located within the fill line along the intermittent
watercourse. The Ganaraska Region Conservation Authority indicated
they would like to be consulted regarding the positioning of these
berms/barriers.
Therefore, Staff recommend that the following be included in the
Town 's conditions of draft approval :
"Prior to final approval , the Owner shall engage the
services of a consultant to complete a Noise Study
recommending noise control measures satisfactory to -the
Ministry of the Environment and the Town of Newcastle.
During the preparation of the Noise Study, the consultant
shall consult with the Ganaraska Region Conservation
Authority, regarding the location of any noise attenuation
structures within the fill line of the intermittent water-
course.
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 requirements 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 the
. . .5
ivC� )
REPORT NO. : PO-105-85 Page 5
registered portion of the Subdivider's Agreement and
shown in all Offers of Sale and Purchase.
"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"."
Ontario Hydro indicated some concern with respect to the
possibility of surface water draining onto their right-of-way south
of the property during construction. As well , Staff felt that, in
order to avoid excess erosion, drainage of surface water into the
intermittent watercourse should be minimized.
It is therefore recommended that the following clause be included
in the Town 's conditions of draft plan approval :
"Prior to final approval , the applicant shall submit to
the Town of Newcastle and the Ganaraska Region Conservation
Authority a satisfactory storm water management plan for the
site, which shall :
a) outline the means by which the storm water will be
conducted from the site; and
b) address the issues of lot grading, site drainage and
vegetation removal ."
Staff note that the Ganaraska Region Conservation Authority
recommended in its comments that the applicants agree in the
subdivision agreement to construct a stream crossing over the
intermittent watercourse in a manner acceptable to the Conservation
Authority. Staff concur with this condition and therefore
recommend that it be included within -the Town 's conditions of draft
approval .
.. .6
REPORT NO. : PD-105-85 Page 6
The subdivision plan previously submitted by the applicant proposed
the dedication of two blocks with a total area of 1 hectare as
parkland. However, both areas relate to the intermittent
watercourse and are designated Hazard Land in the Urban Area Plan.
The Community Services Department also indicated that these areas
could not be acceptable as parkland and recommended that the
applicant pay to the Town 5% cash-in-lieu of -the parkland
dedication. Staff feel that this comment is still relevant and
therefore are recommending for inclusion in the Town 's conditions
of draft approval a 5% cash-in-lieu parkland dedication.
The Public Works Department comments generally were of a standard
nature and can be addressed to the subdivision agreement with the
developer. However, the Department did recommend that a 0.3 metre
reserve be dedicated along the east side of Block 41 adjacent to
Arthur Street, and that such dedication be included as a condition
of draft plan approval . This reserve has not been indicated on the
draft plan of subdivision, and therefore, has been indicated as a
redline revision by Staff on the proposed plan attached hereto as
* Attachment No. 1.
Based on the review of -the comments received through the
consideration of the previous subdivision application and
Committee's and Council 's previous approval of the revisions as
recommended by Staff and incorporated into the current plan of
subdivision, Staff have no objection to approval of proposed plan
of subdivision 18T-85013 subject to the specified conditions. It
is therefore recommended that Council advise the Region of Durham
that the Town of Newcastle has no objection to the approval of
draft plan of subdivision 18T-85013 subject to the revisions made
in red and attached hereto as Attachment No. 1, subject to the
conditions outlined in Attachment No.?_. Staff further recommend
. . .7
REPORT NO. : PD-105-85 Page 7
that a copy of this report and Council 's decision be forwarded to
the Region of Durham and the applicant for their information.
espectful ted,
T.T. Edwards, M.C.I.P.
Director of Planning
JAS*TTE*jip
*Attach.
June 27, 1985
Applicant: Mr. E. Vierhout
c/o Bowmanville Construction
R.R. #2
NEWCASTLE, Ontario
LOA 1HO
Disk : Report .5
ATTACHMENT 1 TO REPORT PD-105-85
�Cq t'�O/qN LOT 27, C01/cES5101V 2
\
18 , \
19 A
17 f/... f 2D `qCjlC
A 4 �r ' 'i' W
\, I K
•, COURT
BLOCK ' \ `' W
' `30 t
1.22 ,23 'VILLOW <N
25
COURT 31 33
,-T• e' 36* i M
" 4^'0 24 3t 34 9' 40 q\. i d
pfw 32
BLOCKA3 �.
16 15 STREET ��.
�•
14 uW a 13 i2 11 10 9
!ka!, 8 7 6 5 q =i 3 2 Ur.
o=°
M
0 25 50 IOOm
50m 10 0
Key Map -Former Village of Newcastle ®gym
200
LOT 32 LOT 31 LOT 30 LOT 29 LOT 28 LOT 27 LOT 26 LOT 25 LOT 24 LOT 23
I
04"),T I 1
q I I yhe I NEWCA8TL E ( I 1 I
y �� ��'`�•�I SUBJECT SITS
Lj
I I
I I
al
HWY, N4 I I I
2
Li
Q0 I I �— °I I
I I ❑d❑ I I I 1
u '« I I a�i❑ I I I i
0 I CID
C1� I i I I
HWY. N2 401
ATTACHMENT NO. 2 TO REPORT PD-105-85
TOWN' S CONDITIONS OF DRAFT PLAN APPROVAL 18T-85013
1. That this approval shall apply to a draft plan of subdivision
dated May 17, 1985, and revised in red, copy attached.
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 all road widenings be dedicated free and clear of all
encumbrances to the appropriate authority having jurisdiction
over the abutting roads.
5. That prior to final approval , the applicant shall submit to
the Town of Newcastle and the Ganaraska Region Conservation
Authority sa satisfactory storm water management plan for the
site, which shall :
a) outline the means by which the storm water will be
conducted from the site; and
b) address the issues of lot grading, site drainage and
vegetation removal .
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 the requirements of the Ministry of the
Environment relative to the development of the subject
lands;
b) to satisfy all requirements of the Town of Newcastle,
financial or otherwise, including but not limited to the
management of storm water drainage, and the future
reconstruction of abutting roads;
c) to design and construct all works in accordance with the
Town of Newcastle Design Criteria;
d) to dedicate gratuitously for conservation and
environmental protection purposes, Blocks 42 and 43;
e) to pay to the municipality cash-in-lieu of the five
percent (5%) parkland dedication;
. . .2
Page 2 ATTACHMENT NO. 2 TO REPORT PD-105-85
f) to dedicate Block 44 to the Town of Newcastle;
g) to dedicate to the Town of Newcastle a 0.3m reserve along
the east side of Lot 41 , indicated as Block 45 on the
revised plan shown as Attachment No. 1 ;
h) to construct a stream crossing over the intermittent
watercourse in a manner acceptable -to the Conservation
Authority.
8. Prior to final approval , the Owner shall engage the services
of a consultant to complete a noise study recommending noise
control measures satisfactory to the Ministry of the
Environment and the Town of Newcastle. During the
preparation of the noise study, the consultant shall consult
with the Ganaraska Region Conservation Authority regarding
the location of any noise attentuation structures within the
fill lines of the intermittent watercourse.
9. Prior to final approval , the Ministry of the Environment
shall be notified by a copy of the fully executed subdividers
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 subdividers
agreement.
10. 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.
"Purchasers are advised that despite the inclusion of
noise control features within the development area nad
within the individual building units, noise levels may
continue to be of concern occasionally interfering with
some activities of the dwelling occupants."
I