HomeMy WebLinkAboutPD-155-86 01
TOWN OF NEWCASTLE
REPORT File
Res.
By-Law #
MEETING: General Purpose and Administration Committee
DATE: Monday, June 16, 1986
REPORT #: PD-155-86 FILE #: 18T-85032
SUBJECT: APPLICATION FOR SUBDIVISION APPROVAL
594829 ONTARIO LIMITED
PART LOT 33, CONCESSION 2, FORMER TWP. OF DARLINGTON
FILE: 18T-85032
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-155-86 be received; and
2. THAT the Regional Municipality of Durham be advised that the Town of Newcastle has
no objections to draft approval of Plan 18T-85032 subject to the conditions
outlined in Attachment No. 1 to this Report; and
3. THAT a copy of Staff Report PD-155-86 be forwarded to the Regional Municipality of
Durham for their information; and
4. THAT the attached by-law authorizing execution of a Subdivision Agreement between
Betty Jo King and 594829 Ontario Limited and the Town of Newcastle be approved; and
5. THAT the Mayor and Clerk be authorized to execute the Subdivision Agreement between
Betty Jo King and 594829 Ontario Limited and 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.
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REPORT NO.: PD-155-86 Page 2
In November, 1985 an application for subdivision approval was submitted by
594829 Ontario Limited, agent, on behalf of Dr. A.E. King and Betty Jo King
in respect of a 3.9 hectare parcel of land located in Part Lot 33,
Concession 2, former Township of Darlington. The proposed subdivision would
result in the creation of a total of twenty-five (25) single family
residential lots and an open space block of approximately 1.5 hectares.
Full municipal services are proposed for the development and would be
required pursuant to the provisions of the Official Plan for the Courtice
Urban Area. j
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The site is designated "Residential " in both the Durham Regional Official
Plan and the Official Plan for the Courtice Urban Area and is presently
zoned "Environmental Protection (EP)" and "(H)R1 - Urban Residential Type
One (Holding)" zone by By-law 84-63. Pursuant to the provisions of Section
3.9 the Holding provision may be removed upon Council being satisfied that
the uses to be permitted will be adequately serviced, the lands to be used
have adequate access, prior uses of the land will not prevent the use of the
land for the purposes intended by the By-law, that the lands and proposed
uses will be adequately protected from any physical or man-made hazard or
conditions associated with the land and that Agreements in respect of such
matters and the associated financial requirements, where required, have been
executed with the Town of Newcastle and/or the Regional Municipality of
Durham.
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In accordance with departmental procedures, the subdivision proposal was
circulated to the appropriate authorities/departments for their comments.
The following would summarize the comments as received by Staff.
Town of Newcastle Fire Department
"The Fire Department has no objection to the above-headed application.
Response would be from Station #4, located on Trull 's Road. Water supply is
by fire department tank truck. "
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REPORT NO.: PD-155-86 Page 3
Town of Newcastle Community Services
"The active park for this neighbourhood is planned in the draft plan
18T-84029 north east of the subject proposal . Block 26 is valley and ravine
lands and as such our department does not recommend this parcel as parkland
dedication. We recommend cash-in-lieu of 5% parkland dedication.
We also recommend that Block 26 be dedicated gratis to the appropriate
authority, be it CLOCA or the Community Services Department."
Peterborough-Victoria-Northumberland and
ewcastle Koman Catholic Separate chool Board
"In reply to your letter of November 21, 1985 plese be informed that the
Board has no objection to the application."
Ministry of Environment
"The subject draft plan of subdivision proposes 25 single family dwellings
to be developed on full municipal services. The owners are apparently
planning to develop this proposal in conjunction with their adjacent
proposal , File No. 18T-84029.
Our comments are identical to those expressed in our correspondence of
September 18, 1984 regarding File No. 18T-84029. A copy of that letter is
enclosed for your convenience."
Ministry of Environment - Previous Comments
"The subject plan proposing 135 single family residential dwellings is a
resubmission of File #18T-80071 on which we provided comments in January,
1981. Apparently the original application was denied because of the lack of
servicing for the total area of the plan.
Our comments remain unchanged in that a development control program is in
effect whereby the Regional Municipality assures the installation of
services to parallel service requirements. Comments in this regard must
therefore be obtained from the Regional Engineering Department.
Because of the proximity of the site to Farewell Creek, it is recommended
that comments also be obtained from the Ministry of Natural Resources and
the Central Lake Ontario Conservation Authority.
With the exception of the above, we offer no objection to approval of the
application."
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REPORT NO.: PD-155-86 Page 4
Town of Newcastle Works Department
"We have reviewed the above noted application for plan of subdivision and
submit the following comments:
1. The developer must enter into a subdivision agreement with the Town and
that the Public Works Department be kept informed of the status of same
at all times;
2. The developer must grant to the Town, free and clear of any
encumbrances, all easements which may be required;
3. All works are to be constructed in accordance with the Town of
Newcastle's Design Criteria and Standard Drawings;
4. All storm systems will be designed to accommodate the recommendations
of the Courtice Storm Water Management Study, and drain into the
existing storm water detention system;
5. The developer must contribute to the reconstruction of Prestonvale Road
and illumination of same;
6. The developer shall contribute to the construction of a sidewalk on
Prestonv ale Road that connects the pedestrian traffic from the
subdivision to Highway No. 2. "
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Ontario Hydro
"No objection ."
Ministry of Natural Resources
"Ministry staff have reviewed this plan and inspected the site. While we
have no objections to the principle of development at this site, we do have
concerns which should be addressed prior to the approval of this plan.
Farewell Creek is situated to the west of this subdivision and a portion of
its valley system is located within Block 26 of the Plan. This creek flows
into the Oshawa Second Marsh , a provincially significant wetland. This
wetland should be protected against excess sedimentation resulting from
upstream development activities within and adjacent to the stream valley
system.
We note that Zoning By-law 84-63 of the Town of Newcastle zones the lands
within Block 26 as Environmental Protection. We recommend that this zoning
be retained.
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REPORT NO.: PD-155-86 Page 5
Ministry of Natural Resources - Cont'd
Recommendations
Based on the above, this Ministry has no objections to the approval of this
subdivision plan, provided that it be subject to the following conditions of
approval :
I. Prior to any grading or construction on the site, the owner shall erect
a snowfence or other suitable barrier along the eastern boundary of
Block 26 adjacent to Lots 11 to 14 inclusive, and along the rear
boundaries of Lots 14 to 18. The valley slopes adjacent to these lots
are very steep and are susceptible to erosion if disturbed. This
barrier shall remain in place until such time as all grading,
construction and landscaping of the site are completed, and shall be
maintained to prevent the placement of fill or removal of vegetation
within the valleylands of Farewell Creek.
`L. Prior to any grading or construction on the site , the Owner shall
prepare a soil 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 Farewell
Creek, both during and after construction.
The Subdivision Agreement between the Owner and the municipality shall
contain the following provisions in wording acceptable to this Ministry:
a) That the Owner agrees to construct and maintain the barrier as required
in Condition 1 above.
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b) That the Owner agrees to implement the soil erosion control plan for
the site as required in Condition 2 above.
In order to expedite the clearance of these conditions, a copy of the signed
Subdivision Agreement should be sent to the District Manager, Ministry of
Natural Resources, Lindsay district office."
Central Lake Ontario Conservation Authority
"Authority Staff have reviewed the above-noted draft plan of subdivision and
have carried out a site inspection.
The site is in the Farewell Creek watershed, with the western portion
containing creek valleyland and the eastern portion being comprised of
tableland. The valleyland area is partially prone to flooding and is
characterized by steep valley walls and extensive forest. The valley has
been designated as highly sensitive in the Authority's Environmental
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REPORT NO.: PD-155-86 Page 6
Central Lake Ontario Conservation Authority - (Cont'd)
Sensitivity Mapping Project. It is also included i n the Authority's 20 year
acquisition plan as a property that shut d eventually be in the Authority's
ownership.
The tableland area is not designated as being sensitive and is generally
open, although there are some pockets of forest.
Generally Staff have no objection to the development of the tableland area
as proposed in the draft plan . We do have concerns for sedimentation
control during construction, for maintaining some of the tree cover on the
tableland and for the potential increase in stormwater runoff as a result of
the development. These concerns are addressed in the recommended conditions
of approval listed below.
With regard to the valleyland area, we suggest that it be dedicated to the
municipality with provision for the Authority to assume ownership at some
future date when the Authority is prepared to operate a conservation area in
this vicinity.
We ask that the following conditions be placed upon the draft approval on
the Authority's behalf:
1. Prior to final approval of the plan, the Town of Newcastle shall pass a
by-law to prohibit the construction of any building or structure other
than that necessary for flood or erosion control in Block 26 of the
Plan.
2. No filling, construction or alteration to watercourses shall occur on
the site without the written approval of the Central Lake Ontario
Conservation Authority.
3. Prior to the start of clearing or grading for any roads or lots, the
owner shall submit a tree conservation plan for the are to be occupied
by Lots 1 to 25, which shall identify healthy specimens of trees worthy
of preservation and shall outline methods to be used during the
development process to preserve tree cover on the lots as much as is
possible.
4. Prior to the start of lot grading, a snowfence and straw bale barrier
shall be erected at the rear limits of Lots 1 to 18 inclusive i n order
to prevent intrusion of machinery and the discharge of sediment into
the Farewell Creek valley. This barrier shall be maintained in a state
of good repair throughout the grading and construction process.
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REPORT NO.: PD-155-86 Page 7
Central Lake Ontario Conservation Authority - (Cont'd)
5. Prior to final approval of the plan, the Owner shall submit a detailed
stormwater management plan ac cept ab l e to the Authority indicating the
means to be used for controlling stormwater runoff from the site
consistent with the requirements of the Courtice Sto rmwater Management
Study and recognizing the environmental sensitivity of the valley
areas.
Please ensure that Conditions 2, 3, and 4 above are also included in the
subdivision agreement. Thank you for providing the opportunity to comment."
Region of Durham Planning Department - February 21, 1986
"The purpose of this letter is to inform you of the current status of the
above-noted plan of subdivision.
On November 21, 1985 we circulated your plan of subdivision to various
agencies for comment. To date, we have received responses from most of
these agencies save and except the Town of Newcastle and the Central Lake
Ontario Conservation Authority. By copy of this letter, we request these
agencies to expedite their comments as soon as possible.
Of the comments we received, there are no objections to your draft plan.
However, the Ministry of Natural Resources recommended several conditions of
approval , a copy of its comment is attached herein for your information.
As you are aware, the servicing issue of this subdivision plan is currently
being reviewed by the Region's Sewer and Water Study Group. We anticipate
this matter will be dealt with by Council in March of this year. In the
meantime, if you have any question , please do not hesitate to call us."
May 13, 1986
"Further to your letter of May 7, 1986, please be advised that agencies have
responded to the circulation of the above-noted draft plans except that the
Town of Newcastle' s recommendation on 18T-85032 is still outstanding. Once
the financial requirements of the Region are satisfied, we will be in a
position to recommend to Council approval of the said draft plans.
As you are aware, in accordance with Council 's policies, subdivisions
located outside the "Urban Service Area Limit" are generally considered
premature due to lack of sewer and/or water services. However, it now
appears that the servicing restraint could be overcome as you have indicated
to us that the owner will bear the cost of external services. In this
regard, we would like to meet with you and the owner to discuss the details
with respect to implementing your proposal . My secretary will be in touch
with you to arrange for the meeting."
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REPORT NO.: PD-155-86 Page 8
STAFF COMMENTS:
As highlighted in several of the comments submitted for the Town's review
and consideration and as noted within the application form, the Owner's
intentions would appear to be to develop the twenty-five (25 ) lot
subdivision in conjunction with their adjacent proposal being File 18T-84029
immediately to the east. As Committee may recall the Town has provided
favourable comment through Staff Report PD-88-85 to the Region respecting
draft approval of the adjacent lands. In reviewing the present plan and in
consideration of the adjacent plan, Staff would have no objections to the
development and layout as proposed in consideration of the development as an
extension to the previously considered draft plan of subdivision.
In consideration of the requirements for either cash-in-lieu or parkland
dedication as stipulated within the Planning Act, Staff would note for
Committee's consideration and deliberation the following. Within Plan
18T-84029 as previously submitted and considered by Committee and Council , a
park block of approximately 1+ hectare was provided. In consideration of
the overall size of the proposal , being 14.308 hectares, this figure is
representative of a 7.5% parkland dedication. Inasmuch as the applicant
could have submitted the present subdivision application as but an
extension/revision to the previous plan, the overall development area would
have increased from 14.308 hectares to 18.208 hectares. This would require
a park block dedication of .91 hectares (being 5% of the overall 18.208
hectare parcel ) . Accordingly and in consideration of the park block
dedication within Plan 18T-84029, Staff would have no objection with the
waiving of the requirement for a further park dedication or cash-in-lieu
contribution for the small extension of the overall plan of subdivision.
Staff would note for the Committee's consideration that the draft conditions
* of approval as attached would reflect this position.
As noted within the comments submitted through the Durham Regional Planning
Department considerable dialogue has taken place at a Regional level with
respect to the servicing issues of this Plan of Subdivision and the adjacent
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kEPORT NO.: PD-155-86 Page 9
lands to the east. It would appear as noted within the Region 's comments of
May 13, 1986 that the question of servicing of subdivisions located outside
the "Urban Service Area Limit" considered premature due to the lack of sewer
and/or water will be rectified inasmuch as it has been indicated that the
Owner will bear the cost of external services.
Accordingly and in consideration of the above-noted comments and conditions
outlined on Attachment No. 1 to this Report, Staff would have no objections
to the approval of the draft plan.
kespectfu ted,
.T. Edwards, 1A.C. I .P.
Director of Planning
LDT*TTE*j ip
*Attach.
May 30, 1986
cc: Dr. A.E. King
R.R. #3
BOWMANVILLE , Ontario
L1C 3K4
ATTACHMENT NO. 1 TO REPORT PD-155-86
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-85032
1. That this approval shall apply to draft plan of subdivision 18T-85032,
prepared by Donevan & Fleischman, identified as Job No. 1-6178, dated
October 17, 1985 showing twenty-five (25) single family lots, and a
public open space block.
2. That the developer enter into a Subdivision Agreement with the Town of
Newcastle.
3. That the Owner grant to the Town, free and clear of all encumbrances,
all easements and dedications as requested.
4. That the Owner agrees that Block 26 be deeded gratuitously to the Town
pursuant to the provisions of the Town 's Open Space Policy By-law
79-69.
5. That the works be designed and constructed in accordance with the
latest Town of Newcastle Design Criteria and Standards.
6. That the road allowance included in this draft plan be dedicated as
public highways.
7. That the road allowances in the plan be named to the satisfaction of
the Town of Newcastle.
8. That the necessary amendment to By-law 84-63, as amended, of the Town
of Newcastle, be approved and in effect.
9. That the Owner agrees, in writing, to satisfy all requirements,
financial and otherwsie, of the Region of Durham with respect to the
provision of roads and municipal water and sewage supply.
10. That the Owner agrees to negotiate with the Town of Newcastle an
appropriate cost sharing arrangement/contribution in consideration of
Plan 18T-85032 respecting the provision of a sidewalk along the west
side of Prestonvale Road to the intersection of Phair Avenue.
Furthermore, the Owner agrees to negotiate with the Town of Newcastle
an appropriate contribution towards the reconstruction of Prestonvale
Road and illumination of same from the subdivision access north to
Highway No. 2.
11. That the Owner agrees:
i ) Prior to final approval of the plan, the Town of Newcastle shall ,
if necessary, pass a by-law to prohibit the construction of any
building or structure other than that necessary for flood or
erosion control in Block 26 of the Plan.
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Page 2 ATTACHMENT NO. 1 TO REPORT PD-155-86
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-85032
ii ) No filling, construction or alteration to watercourses shall occur
on the site without the written approval of the Central Lake
Ontario Conservation Authority.
iii ) Prior to the start of clearing or grading for any roads or lots,
the owner shall submit a tree conservation plan for the area to be
occupied by Lots 1 to 25, which shall identify healthy specimens
of trees worthy of preservation and shall outline methods to be
used during the development process to preserve tree cover on the
lots as much as is possible.
iv) Prior to the start of lot grading, a snowfence and straw bale
barrier shall be erected at the rear limits of Lots 1 to 18
inclusive in order to prevent intrusion of machinery and the
discharge of sediment into the Farewell Creek valley. This
barrier shall be maintained in a state of good repair throughout
the grading and construction process.
v) Prior to final approval of the plan, the Owner shall submit a
detailed stormwater management plan acceptable to the Authority
indicating the means to be used for controlling stormwater runoff
from the site consistent with the requirements of the Courtice
Stormwater Management Study and recognizing the environmental
sensitivity of the valley areas.
12. To satisfy the requirements of the Ministry of Natural Resources as
specified below:
i ) Prior to any grading or construction on the site, the owner shall
erect a snowfence or other suitable barrier along the eastern
boundary of Block 26 adjacent to Lots 11 to 14 inclusive, and
along the rear boundaries of Lots 14 to 18. The valley slopes
adjacent to these lots are very steep and are susceptible to
erosion if disturbed. This barrier shall remain in place until
such time as all grading, construction and landscaping of the site
are completed, and shall be maintained to prevent the placement of
fill or removal of vegetation within the valleylands of Farewell
Creek.
ii ) Prior to any grading or construction on the site, the Owner shall
prepare a soil 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 Farewell Creek, both during and after construction.
The Subdivision Agreement between the Owner and the municipality shall
contain the following provisions in wording acceptable to this Ministry:
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Page 3 ATTACHMENT NO. 1 TO REPORT PD-155-86
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-85032
a) That the Owner agrees to construct and maintain the barrier as
required in Condition 1 above.
b) That the Owner agrees to implement the soil erosion control plan
for the site as required in Condition 2 above.
13. The Owner acknowledges that all storm systems will be designed to
accommodate the recommendations of the Curtice Stormwater Management
Study.
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THE CORPORATION OF THE TOWN OF NEWCASTLE -
BY-LAW NUMBER 86-
being a By-law to authorize the entering into of an Agreement with Betty Jo
King and 594829 Ontario 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 Betty Jo King and 594829 Ontario Limited and the said
Corporation dated the day of 1986, in the form
attached hereto as Schedule "V.
2. THAT Schedule "X" attached hereto forms part of this by-law.
BY-LAW read a first time this day of 1986
BY-LAW read a second time this day of 1986
BY-LAW read a third time and finally passed this day of
1986
MAYDT-
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