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Home My WebLink AboutPD-250-86 4(rA) (f✓�"'�� '° w'� TOWN OF NEWCASTLE REPORT File # 01 -7 Res. # 1 `~ 6 By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, October 20, 1986 REPORT #: PD-250-86 FILE #: 18T-79038 SUBJECT: EXTENSION OF DRAFT APPROVAL KINGSBERRY PROPERTIES LIMITED PART LOT 35, CONCESSION 2, DARLINGTON OUR FILE: 18T-79038 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: I. THAT Report PD-250-86 be received; and 2. THAT the Ministry of Municipal Affairs and Housing be advised that the Town of Newcastle has no objection to the extension of draft plan approval for Subdivision 18T-79038 for a further one (1 ) year period to January 29, 1988. BACKGROUND AND COMMENT: On October 7, 1986, the Planning Department received a copy of a letter (attached) from Kingsberry Properties Limited, addressed to the Ministry of Municipal Affairs and Housing. The letter indicated that the draft plan approval of Subdivision 18T-79038 will expire on January 29, 1987 unless an extension to said approval was obtained prior to the expiry date. . . .2 REPORT NO.: PD-250-86 Page 2 Staff would note that Kingsberry Properties has indicated that they are currently in the process of obtaining final approval for Phase II of the above-noted development. Staff would additionally note that a major portion of the Kingsberry property is presently being developed under Plan 1OM-781. Staff, in reviewing the application as submitted would note that recently, the conditions of draft approval , as issued, were amended (July 25, 1986) to reflect the Town and Region 's current policies and criteria in reviewing and evaluating plans of subdivision. Accordingly and in consideration of the above-noted comments , Staff would have no objections to the extension of draft plan approval for Subdivision 18T-79038 for a further one (1 ) year period to January 29, 1988. Respectful ed, T.T. Edwards, M.C. I .P. Director of Planning LDT*TTE*j i p / *Attach. / October 9, 1986 cc: Kingsberry Properties 319 College Avenue P.O. Box 11 OSHAWA, Ontario L1H 7K8 ATTENTION: Mr. Mark Foley _.- .+,-a -... � ...� .. ... _,�:c.--v c.-..�>.. OtJOV\37nOB N01�J:�...,ydC7 ^•..�_c.,.. ._.. _ _ i/ Lt : ip 'j, .;� - '�.,..�:�...�� o•.o � �. Rio; �' ;-��;fi�l�' `'y�, �' ;::•_ K / fo IF t .......... _ �• +`vim'�$��' <' \ o � 77-i 1 / ^1 / y`^ .t,Y.-^' _t '.h�_-`,::�: ., u g A �. i; �V I 1! y I AA ..........:.::: — ilfIL .._. �c>>o:.�.i.� 7s�yp��.er,cri�-o.ti-�a•J Ob'Ot:1 ...._oa a�•c..v 3N/7NMQ1 I :319 COLLEGE AVENUE °' S P.O. BOX 11 ! OSHAWA, ONTARIO .• L1H 7K8 # OSHAWA 723-1194 October 2, 1986 Senior Planner, Plans Administrat>n Branch, _ Central & Sout st, -M Ministry of nicipal Affairs, 777 Bay . , Toron Ontario M5G 5 Attention: Ms. Stella Gustayson,. . ar Ms. Gustayson: RE: Draft Approval Extention, Remlark Holdings Limited, Plan of Subdivision, Your File No. 18T-79038, Town of Newcastle. Please be advised that our records indicate the above draft plan is scheduled to lapse January 29, 1987, We are currently in the process of obtaining final approval for the second phase of the above development. The Region of Durham and the Town of Newcastle will be reviewing our en§ineering design shortly and hopefully will be providing us with the subdividers agreements {- the near future. In the interim, we0ould ask your indulgence in granting us an extension to the Draft Plan Approval for 12 months, to January 28, 1988. We trust this is satisfactory, and we remain. Yours v epy-lfir-q y, ' NG RR PRO RTIES Mark A. Fo 1 y C.C. Town Planning Department, Mr. Larry Taylor LAND DEVELOPMENT • CONSTRUCTION • PROPERTY SALES AND MANAGEMENT Ministry Of 777 Bey street Municipal Toronto,Ontario Affairs M5G 2E5 Ontario L._ r July 25, 1986 Mr . R .C. Annaert C,U G 191 3fi ` D .G. Biddle & Associates Limited Consulting Engineers 96 King Street Oshawa, Ontario L1H 1B6 Subject : Revisions to Minister ' s Conditions of Draft Approval Owner : Remlark Holdings Limited Municipality : Town of Newcastle File No : 18T-79038 0 s r Dear Mr . Annaert : Further to your request and pursuant to section 36 ( 12 ) of the Planning Act, the Minister ' s conditions of draft approval dated January 29, 1981 , as amended February 6, 1981 and September 28, 1982 , are hereby further revised as follows : Condition 1 is deleted and replaced with: "1 . That this approval applies to the draft plan, Job no. 25193, prepared by Done van and Fleishchmann Company Limited, Ontario Land Surveyor, dated March 22 , 1979 and revised to March 13, 1986, which shows a total of 104 lots, for 71 single family units and 66 semi- detached units , Blocks A, B, C & D for future development in conjunction with abutting lands, Block E for open space, Blocks F & G for park purposes and Blocks H, I , J, K, & L for 0.3 m reserve . " Condition 2 is deleted and replaced with the following : "2 . That lands shall be dedicated free and clear of all encumbrances , to the Regional Municipality of Durham as follows : a ) a 3 .048 metre road widening , 10 metre x 6 metre site triangles and 0.3048 m reserves where lots 85 and 104 abut Townline Road; and b ) a 3 . 048 metre road widening where lots 83 and 84 abut Townline Road. " I Condition 6 is deleted and replaced with the following : "6. That 0.3 metre reserves, shown on the ( draft plan as Blocks H, I , J, K and L shall be conveyed to the Town of Newcastle . " Condition 8 is revised by replacing the references to Blocks "E" and "F" . Condition 9 is deleted and replaced with the following : "9. That the owner conveys up to 5% of- the land included in the plan to the municipality for park purposes. Alternatively, the . municipality may accept cash in lieu of all or a portion of the conveyance. " Condition 10 is deleted and replaced with the following: "10. That prior to the minister ' s final approval , the area to be subdivided- F be rezoned to reflect the uses as shown in the draft plan in an appropriate zoning by-law passed by Council and in effect according to the provisions of the Planning Act. Further, the restricted area by-law shall contain provisions prohibiting °i all buildings and structures in Blocks "E" and "F" except those necessary for flood and erosion t control" . Condition 11 is revised by deleting the references to Blocks "E" and "F" . Condition 19 is revised by replacing all references to Blocks "G" and "H" with Blocks "E" and "F" . Condition 21 is deleted and replaced with the following: "21 . (a) That the subdivision agreement provide for sediment control off the construction site during the construction period to the satisfaction of the Ministry of the ( b ) That prior to final appruvil the owner- ee:p; c!l `,_';e so v c e,— of qualified soils consultant to prepare a report outlining the soil quality resulting from the prior use of certain lands for a wrecking yard and recommending what. remedial works are necessary to ensure acceptable soil quality for residential use to the satisfaction of the M .O.E. (c ) That the subdivision agreement contain a requirement to implement the recommendations of the soils report as approved by the MOE . " "i Condition 22 is revised so that the Town of Newcastle is to advise how conditions 1 and 3 to 16 have been satisfied . Condition 23 is revised by deleting the reference to Condition 6. Should you have any questions or concerns, please call Stella Gustayson, area planner at X116/585-6067 . Yours truly, Paul Featherstone Senior Planner Plans Administration Branch c .c. Town of Newcastle - Planning Region of Durham - Planning MOE CLOCA MNR City of Oshawa - Planning i i I � i LytlL �y to / y - - OCT 1 1982 iU:':N OF NE:ICASTIE Donevan and Fleischmann N�^'"�ir!t4G DEPARTMENT Ontario Land Surveyors 11 Ontario Street Oshawa , Ontario L1G 4Y6 Subject: Part of Lot 35 , Concession II (Township of Darlington) Town of Newcastle File No. 18T-79036 Dear Sirs : The region advises that the portion of Townline Road abutting this plan is now under its jurisdiction . Accordingly , conditions 6 , 22 and 23 should be changed . Under Section 36 ( 12) of the Planning Act, the minister ' s conditions of January 29 , 1981 are hereby amended as follows : 1 . Condition 6 now refers to the "Regional Municipality of Durham" ; 2 . Condition 22 now refers to only conditions 1, 3 - 5 and 7 to 16 ; and, 3 . Condition 23 now refers to conditions 2 , 4 , 6 and 15 to 18 . All other conditions remain as issued . The lapsing date remains as January 29 , 1984 . Yours truly, 4 J. Malcolm Senior Planner i Plans Administration Branch . i I '.•_ �.�, Ministry Plans a 16,96; ! 56 Wrtlestes Street%tiesi UV Of Admin%,rativn 8th Floor Housing Division Toronto,Ontario Min zKa Ontario --------- .....__ ------- mil} February 6 , 1981 Ff_1: ! Donevan & Fleischmann Co . , Ltd . Ontario Land Surveyors 11 Ontario, Street Oshawa , Ontario L1G 4Y6 Subject : Town of Newcastle Pt . of Tot 35 , Concession II (Township of Darlington ) Owner : Remlark Holdings Ltd . Our File 18T-79038 Dear Sirs : Under section 33 ( 12) of The Planning Act, Condition 6 of the Minister' s January 29 , 1981 draft approval is amended to read: Condition 6 . That 0 , 3 metre reserves , shown on the draft plan as Blocks ' J' , ' K ' , ' M' , 'N ' , ' O' and ' P ' shall be ` conveyed to the Town of Newcastle . Yours truly , R.C. Dolan Senior Planner Community Planning Review Branch c. c . Owner : Remlark Holdings Ltd . Solicitors : McGibbon , Bastedo & Armstrong Town Planning Dept .v-," Region Planning Dept, M .O. E. M .N . R. C . L.O.C.A. r I of l �(;w,•ur•,i„ /r llrinuriY .Jhulr V Sir rri Well Rih Flour 310 Housing Division iurnnlq, C)nlariu MIA ?K4 i r X) January 29 , 1981 Mr . D . Smith Planning Director --� Town of Newcastle Planning Department 40 Temperance Street Bowmanville , Ontario L1C 3A6 Subject : Town of Newcastle Pt . of Lot 35 , Con . II (TV,rp . of Darlington) Owner : Remlar); NOldings Ltd . Tel : (416) 686-1313 File No: 18T-79038 Dear Mr . Smith : he above draft o I. l ,.i was a;)prc)ved tod,iy ,�nr. we c3ttach a co f P) of the conditions of approval . Please tell us when the owner has those carried out conditions which must be arranged directly with the municipality or other authority which You represent . This is necessary before the final plan can be approved for registration. It should be noted that we require a brief but . complete statement indicating how each of the Ii conditions with which you are concerned has been 1, satisfied . i Yours truly , llent H. Salonen Planner Community Planning Review Branch File No: 18T-79038 (Revised) The Minister ' s conditions and amendments to final plan approval for registration of this subdivision file no : 18T-79038 are as follows : No. Conditions 1 . That this approval applies to the draft plan, drawing number 25193 , by Donevan and Fleischman , Ontario Land Surveyors , dated September 24 , 1980 , which shows a total of 69 lots for 48 single and 42 semi- detached units , and 18 blocks . 2 . That sufficient land shall be dedicated as public highways to widen Town Line Road, shown on the draft plan as Blocks ' Q ' and ' R ' , 3 . That the road allowances included in this draft plan shall be dedicated as public highways . 4 . That the streets shall be named to the satisfaction of the Town of Newcastle and the Regional Municipality of Durham. 5 • That temporary turning circles shall be provided at the end of all dead end streets to the satisfaction of the Town of Newcastle . 6 • That 0 . 3 metre reserves , shown on the draft plan as Blocks 'J ' , ' K ' , ' L ' , 'M ' , ' N ' , 'O ' and ' P ' shall be conveyed to, the Town of Ajax : 7 . That any dead ends and open sides of road allowances created by this draft plan shall be terminated in 0 . 3 metre reserves to be conveyed to, and held in trust by the municipality . 8 • That Blocks 'G ' and ' H ' as outlined on the draft plan shall be conveyed to the Town of Newcastle for conservation and open space purposes . 9 . That the owner conveys up to 5% of the land included in the plan to the municipality for park purposes under section 33 ( 5) (a ) of The Planning Act . This shall include Block ' I ' , 10 . That before the Minister ' s final approval the area to be subdivided be zoned to reflect the uses as shown in the draft plan in an appropriate restricted area by-law passed by council and either : (a) submitted to and approved by the Ontario Municipal 1 Board , �IWO File No: 18T-79038 (Revised) No. Conditions Continued or i (b) in effect in accordance with section 35 (25) of The Planning Act . Further the restricted area by-law shall contain provisions prohibiting all buildings and structures in Blocks 'G ' and ' H ' except those necessary for flood and erosion control . 11 . That the subdivision agreement between the owner and the municipality contain a provision that Blocks 'A ' ' B ' 'C ' ' ' ' , , D ' ' E ' and ' F ' shall not be developed except in conjunction with adjacent lands as specified in the agreement . 12 . That the owner agrees in writing to satisfy all the requirements , financial and otherwise , of the Town of Newcastle concerning the provision of roads , installation of services and drainage . 13 . That all lands to be dedicated or conveyed to the municipality for any municipal purpose shall be dedicated or conveyed in a form acceptable to the j: municipality and further the owners shall grade and sod all lands to be conveyed to the municipality for park purposes and shall plant such trees and other vegetative materials as may be required by the municipality in accordance with a landscape plan to be submitted to the town for approval . 14 . That the owner agrees to provide adequate screening for existing residential uses abutting proposed road allowances . 15 . That such easements as may be required for utility v or drainage purposes shall be granted to the appro riate authority. p 16 . That the development of the plan be phased to the ✓ satisfaction of the Town of Newcastle and the Regional Municipality of Durham. (Cont 'd . ) ' � ♦ I File No: 18T-79038 (Revised) NOTES CONTINUED: 2• It is suggested that the municipality register the subdivision agreement as provided by Of The Planning Act against the land to section applies , as notice to prospective purchasers . 3 . Inauguration , or extension of a Piped a sewage system or a storm drainage systemrisusuubject to the approval of the Ministry of the Environment under Section 41 and Section 42 of The Ontario Water Resources Act . 4 . Where agencies involved in subdivision agreement A copy of the subdivision agreement shall be sent to: District Manager Ministry of Natural Resources 322 Kent Street West Lindsay , Ontario K9V 4T7 Mr . William Fry Resource Planner Central Lake Ontario Conservation Authority 1650 Dundas Street East Whitby , Ontario ` L1N 2K8 Mr . D. Firie Chief , Approvals and Planning Techn ica l Sup; t Sec t ion Suite 700 Ministry of the Environment 150 Ferrand Drive Don Mills , Ontario M3C 3C3 This will expedite clearance of the final plan . A copy is not required by the Ministry of Housing . 5 • Lapsing of draft approval If final approval is not three given to this plan within I years of the draft approval date, and no extensions have been granted, draft approval shall lapse under section 33 (12a) of The Planning Act . If the owner wishes to request an extension to draft approval , a written explanation together with a resolution from the local municipality must be received by the Ministry of Housing prior to the lapsing date . File No: 18T-79038 (Revised) No. Conditions Continued 17 . That prior to final approval of the plan the engineering drawings for regional services and the final plan of subdivision shall be submitted to the Regional Works Department for approval . 18 . That the owner agrees in writing to satisfy all the requirements , financial and otherwise, of the Regional Municipality of Durham concerning the Provision of roads , installation ,of services and drainage . 19 . That the owner agreesin the subdivider ' s agreement , in wording acceptable to the Ministry of Natural Resources and Central Lake Ontario Conservation Authority : a) To neither place nor remove fill of any kind , whether originating on the site or elsewhere ; nor alter any existing vegetation in Blocks 'G ' and ' H ' , or lots 5-24 inclusive without written consent of Central Lake Ontario Conservation Authority . ' b) That prior to initiating any grading or construction on Lots 5 to 24 , to prepare a grading , drainage and erosion control plan , acceptable to Ministry of Natural Resources engineers , which will be developed in a manner which will provide suitable building sites , and minimize erosion into Blocks ' H ' , 'G ' and Farewell Creek . c) To erect a snow fence , or other suitable barrier along the rear lot lines of Lots 5 to 24 , to prevent the unauthorized dumping of fill or alteration of vegetation. in Block ' H ' , j (I This barrier shall remain in place until all grading , construction , and re-sodding on the site is completed . r (Con t ' d . ) I File No: 18T-79038 (Revised) No. Conditions Continued _ y 20 . Prior to final approval of the plan , the owner shall prepare and submit to Central Lake Ontario Conservation Authority for approval , a stormwater management plan for the subject property. 21 . That the subdivision agreement provides for : a) sediment control off the construction site during the construction period ; b) visual buffering in the form of fence or planting between this development and the adjoining wrecking yard , to the satisfaction of the Ministry of the Environment . 22 . That before the Minister ' s final approval is given we are to be advised in writing by the Town of Newcastle how conditions 1 to 16 have been satisfied . 23 . That before the Minister ' s final approval is -given we are to be advised in writing by the Regional Municipality of Durham how conditions 4 and 15 to 18 inclusive have been satisfied . 24 . That before the Minister ' s final approval is given we are to be advised in writing by the Ministry of Natural Resources how conditions 10 and 19 have been satisfied . 25 . That before the Minister ' s final approval is given we are to be advised in writing by the Central Lake Ontario Conservation Authority how conditions 10 , 19 and 20 have been satisfied . I 26 . That before the Minister ' s final approval is given we are to be advised in writing by the Ministry of the Environment how condition 21 ha* been satisfied . NOTES 1 . We suggest you make yourself aware of : (a) section 160a ( 1) of The Land Titles Act , which requires all new plans be registered in a land titles system; (b) section 160 (2) allows certain exceptions . I 001) File No: 18T-79038 (Revised) NOTES CONTINUED: 6 . When the zoning by-law required in condition 10 is being prepared , reference to this subdivision appli- cation and the T file number should be included in the explanatory note . This will expedite the Community Planning Review Branch or other agency ' s consideration of the by-law . i I I