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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