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HomeMy WebLinkAboutPD-231-86 TOWN OF NEWCASTLE =' REPORT File # ,. � .. Res. # By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, October 6, 1986 REPORT #: PD-231-86 FILE #: 18T-85035 SUBJECT: P kOPOSED DRAFT PLAN OF SUBDIVISION WAVERLEY HEIGHTS SUBDIVISION (OSHAWA) LIMITED PART OF LOT 13, CONCESSION 1, FORMER TOWN OF BOWMANVILLE FILE: 18T-85035 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: I. THAT Report PD-231-86 be received; and • THAT the Region of Durham be advised a the own of ewcas a recommends approval of the Draft Plan of Subdivision 18T-85035 dated July 9, 1986, as revised in red, * subject to the conditions contained in Attachment No. 1 to this Report; and * 3. THAT the attached by-law authorizing execution of a Subdivision Agreement between Waverley Heights Subdivision (Oshawa) Limited and the Town of Newcastle be approved; and 4. THAT the Mayor and Clerk be authorized to execute the Subdivision Agreement between Waverley Heights Subdivision (Oshawa) Limited, and the Town of Newcastle at such time as an agreement has been finalized to the satisfaction of the Director of Planning and the Director of Public Works; and 5. That a co of Staff R - copy a Report PD-231 86 be forwarded to the Region of Durham. . . .2 REPORT NO.: PD-231-86 Page 2 BACKGROUND AND COMMENT: On December 13, 1985 the Region of Durham received an application from Donevan and Fleischman on behalf of Waverley Heights Subdivision (Oshawa) Limited. This application proposed that fifty-four (54) lots be developed for semi-detached dwellings ( 108 units) with full municipal services. This development is proposed for 5.33 acres of land situated at the north-east corner of Regional Road 57 and Baseline Road. In accordance with Council policy, the plan of subdivision was circulated to various departments and agencies for comment. At that time concerns were raised by a number of agencies. In order to deal with these concerns the applicant suggested two schemes to revise the plans. One alternative (Scheme B) was chosen for recirculation. Subsequently, on July 14, 1986, these revised plans ( dated July 9, 1986) were received by the Planning Department and a second circulation was undertaken to obtain comments on the revised plans. On July 23, 1986 copies of e revision were received from the Durham Region Planning Department requesting our comments on these revised plans. The following is a summary of the comments and concerns which have been made regarding the current proposal . The following agencies had no objections to the revised proposal : 1. Ministry of Natural Resources 2. Ministry of Transportation and Communications 3. Peterborough-Victoria-Northumberland and Newcastle Roman Catholic Separate School Board 4. Consumer' s Gas 5. Northumberland and Newcastle Board of Education Northumberland and Newcastle Board of Education The Board has no objection, although they did express concern that: " . .suitable and safe walking conditions i .e. sidewalks along Highway No. 57, be installed for children travelling to and from school ." This issue has been addressed by the Newcastle Public Works Department. . . .3 I-V REPORT NO.: PD-231-86 Page 3 Ontario Hydro Ontario Hydro had originally requested that costs for the relocation of their facilities be borne by the applicant. This relocation has now been completed to their satisfaction and they no longer have any comment. Newcastle Fire Department The Town's Fire Department also had no objections to the proposal . The access appears to meet the requirements of the Department and the area would be served by Station #1. There was a note that hydrants will be required on the site. Newcastle Long Range Planning Section There was concern with the original design as it provided too much direct access onto Baseline Road. This road has been designated as a Type "B" Arterial Road in the Regional Official Plan. The resubmission has since re-aligned the road pattern so that one street access and no private points of ingress/egress are now proposed for Baseline Road. This change to the design lowered the number of building lots to forty-eight (48) from fifty-four (54). This is due to the increase in the road network on the site. Newcastle Building Department The revision also alleviates the concerns of the Town' s Building Department who felt problems would have been created with the great number of points of ingress from Baseline Road. This was a concern due to the relationship with the commercial plaza which is located directly to the south. Newcastle Public Works Department The Works Department has made a number of comments based upon the original submission . The following are the comments from the Works Department: a) "that 4.5 metre sight triangles are provided at all intersections. b) that the owner contribute toward the construction of concrete sidewalk (1.25 m) on Baseline Road, Spry Avenue and Regional Road 57. c) that the owner be responsible for 100% of the costs of the construction of concrete sidewalk (1.25 m) on Regional Road 57 from the walkway northerly to the existing sidewalk on Waverly Road and on Spry Avenue from the proposed roadway north to the existing sidewalk on Spry Aveneue. . . .4 i REPORT NO.: PD-231-86 Page 4 Newcastle Public Works Department - Cont'd d) That all works are completed in accordance with the Town of Newcastle's Design Criteria and Standard Drawings. e) That any easements required by the Town be granted free and clear of any encumbrances. f) That the owner meet all the requirements of the Public Works Department, financial and otherwise. g) That the Owner enter into a Development Agreement with the Town, and that this department be kept informed of the status of same at all times. h) All of the other standard requirements re: Lot Grading, Schedules of Work, Performance Guarantees, Costs Estimates etc. , should be included in the Subdivision Agreement." Newcastle Community Services Department The Department has no objections to this proposal . The recommendation of this Department will be for cash-in-lieu of the 5% parkland dedication. If there is no change in the status of the eastern portion of the property, which the Central Lake Ontario Conservation Authority has stated, is in the floodplain, the option exists for the municipality to have this land dedicated as parkland at no cost to the municipality. Central Lake Ontario Conservation Authority Based upon the comments from the Central Lake Ontario Conservation Authority (CLOCA), the proposal was scaled down to thirty-seven (37) lots at the same time the road pattern was altered. The remaining area is shown as future development on the revised plans. The lots have been deleted from this concept due to the fact that they all lie within the Regional Floodline. There seems to be no objection from CLOCA regarding this revised application. The applicant wishes to review with Staff, the setting of the floodlines (see Staff Comments). Ministry of the Environment The Ministry of the Environment stated that since the proposed location is close to Highway No. 401 and next to a Truck Stop, they wish to see draft approval be conditional upon the following two (2) factors: . . .5 REPORT NO.: PD-231-86 Page 5 Ministry of the Environment - Cont'd a) "Prior to final approval , the owner shall engage the services of a Consultant to complete a Noise Study recommending noise control features satisfactory to the Ministry of the Environment and the Town of Newcastle. b) Prior to final approval , the Ministry of the Environment shall be notified by a copy of the fully executed subdivision agreement between the developer and the municipality that the noise control features recommended by the Acoustical Report and approved by the Ministry of the Environment and the Town of Newcastle shall be implemented as approved, by requirements of the Subdivision Agreement." The Ministry also wishes to include a warning clause of possible noise problems. This is to be included with Offers of Purchase and Sale for the lots which are deemed to be affected by noise. Durham Regional Works Department The Regional Works Department requested two alterations to the plan. The first was to have the sight triangle at the south-west corner of the property shown as 9 m along the south and 17 m along the western boundary (see attached plan) . T here is also a requirement that the area shown as a future road allowance on Block 38 he dedicated as an easement for the santiary sewer and watermain hook-ups. The following is a list of the conditions which must be complied with prior to receiving the Works Department' s consent to register the plan of subdivision, an shall form part of the Subdivision Agreement: a) "That the subdivider pay for those service charges and/or development charge levies which are in effect at the time of registration of any portion of this plan. Said service charges shall pertain to those services which are the responsibility of the Regional Municipality of Durham. b) That the subdivider obtain and grant to the Regional Municipality of Durham, all easements required to provide Regional services for this development. The easements shall be in a location and of such width as determined by the Regional Municipality of Durham and are to be granted with the execution of the Subdivision Agreement. c) That engineering drawings for Regional services and the proposed final plan of subdivision be submitted to, and approved by the Regional Works Department prior to the preparation of the Subdivision Agreement. . . .6 REPORT NO.: PD-231-86 Page 6 Durham Regional Works Department - Cont'd d) That satisfactory arrangements be made for the financing of the Region's share of servicing, if any, prior to the release of the final plan for registration . e) That sanitary sewers and watermains be designed in accordance with those standards approved by the Regional Municipality of Durham. f) That if this subdivision is to be developed by more than one registration, the subdivider be required to submit a plan showing the proposed phasing, all to the satisfaction of the Regional Municipality of Durham. g) That any existing sanitary or water services within the plan which are proposed to be relocated, be maintained in full service until such time as the new services have been completed and approved by the Regional Municipality of Durham and that all costs incurred in relocating and abandoning of these services be borne by the subdivider. h) That the Owner agrees in writing to satisfy all requirements, financial and otherwise, of the Region of Durham concerning the provision of roads, sewers, water and other Regional services. i ) That subdivider provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within the limits; of the which aro � i�ir� n spnti� 561 plan. In addition, the subdivider to provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to his subdivision. Such sanitary sewer and water supply facilities to be designed and constructed as per the standards and requirements of the Works Department of the Regional Municipality of Durham; all arrangements, financial and otherwise, for said extensions are to be to the satisfaction of the Regional Municipality of Durham and are to be completed prior to release of the final plan of registration. j ) That prior to entering into a subdivision agreement, the Regional Municipality of Durham is to be satisfied that adequate water pollution control plan and water supply plan capacity is available to service the subject development. k) That a 19 in x 7 in sight triangle on Road 57/Baseline Road intersection , as shown on the attached plan, be dedicated, free and clear of all encumbrances, to the Regional Municipality of Durham." . . .7 vl� REPORT NO. : PD-231-86 Page 7 STAFF COMMENTS: In addition to the above, Staff have noted on the Plan of Subdivision, a further revision deleting any reference to "possible future development" upon the eastern portion of the subdivision. Any development would be reviewed in consideration of all factors at the time of the proposal . Staff would note that the provisions of Zoning By-law 84-63 would enable consideration of parts of the undeveloped lands as being a building lot fo r which a building permit could be obtained. By incorporating a condition within the Subdivision Agreement, restricting development on these portions of the land, this condition would state that a Building Permit could not be issued until the appropriate applications are submitted and approved. It will be necessary to alter the exact dimensions of the lots which are located r^� semi-detached along the northern boundary, i n order to proyvi de a mini mum l of are a of the "R1" zone of the Town' s Zoning By-law. There was a revision to the plan which eliminated eleven (11) building lots from the proposal . This was a requirement of CLOCA because the land is within the floodplain and fill and construction limits. The eastern most portion is now shown for future development. The applicant is interested in re-examining the definition of the floodplain. At this time the extent of the undevelopable portion is determined using the Regional Storm Line. The applicant wishes to make use of an option which exists to define the limits of the floodplain based upon the one in one hundred year storm. This could decrease the amount of land which would be set aside as undevelopable. . . .8 REPORT NO.: PD-231-86 Page 8 Until the watershed of the Bowmanville Creek is studied and re-mapped using the one in one hundred year storm as a guideline, Staff will not be in a position to examine any proposal for development within the current floodplain area. Staff are, however, recommending, under separate report, that C.L.O .C.A. consider approving "Special Policy Area" designations for certain areas of Bowmanville. This would, then, permit the developer to initiate the necessary Study to prmit a reduction in the regulatory storm and permit consideration of the balance of the Plan. In the meantime, the applicant wishes to proceed with the approval for the remaining area and deal with the floodplain question in the near future. The proposal currently being examined is for thirty-seven (37 ) lots for semi-detached dwellings, two (2) Blocks of land set aside for future development and one (1) Block for an easement for the sanitary sewer and watermain hook-ups. If a study is completed to examine the floodplains, Staff would review the results and make a determination as to the development potential of the site at that time. Staff is in support of the application to develop thirty-seven (37 ) lots -For * semi-detached dwellings subject to the conditions outlined in Attachment No. 1 hereto. Respectf itted, T.T. Edwards, M.C. I.P. Director of Planning TFC*TI'E*j i p *Attach. September 23, 1986 Applicant: Waverley Heights Subdivision (Oshawa) Ltd. 378 King Street West OSHAWA, Ontario L1J 2J9 -eo) ATTACHMENT NO. 1 TO REPORT PD-231-86 TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL SUBDIVISION APPLICATION 18T-85035 1. That this approval shall apply to a draft Plan of Subdivision 18T-85035, prepared by Donevan and Fleischmann Company Limited, Ontario Land Surveyors, identified as Job 1-6344, dated revised July 9, 1986, which is revised in red as per attached plan showing 37 lots for semi-detached dwellings, plus an area which is not to be development at this time, and a Regional Easement. 2. That the Owner 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 to pay to the Town, the cash value of the five percent (5%) parkland dedicatjion in lieu of parkland. 5. That the works be designed and constructed in accordance with the latest Town of Newcastle Design Criteria and Standards. 6. That the Owner meet all the requirements of the Public Works Department, financial and otherwise. 7. That all of the standard requirements re: Lot Grading, Schedules of Work, Performance Guarantees, Cost Estimates, etc . , shall be included in the S di vi si on Agreement. 8. That the Owner enter into a Development Agreement with the Town and that this Department be kept informed of the status of same at all times. 9. That the road allowances included in this draft plan be dedicated as public highways. 10. That the road allowances in the plan be named to the satisfaction of the Town of Newcastle and the Regional Municipality of Durham. 11. That the necessary amendment to By-law 84-63, as amended, of the Town of Newcastle, be approved and in effect. 12. That 4.5m sight triangles be added to the draft plan and be dedicated, free and clear of all encumbrances, to the Town of Newcastle at all intersections, save and except at the south-west corner of the proposal . 13. That a sight triangle of 19 m x 7 m be dedicated to the Region of Durham free and clear of all encumbrances. . . .2 X60) Page 2 of ATTACHMENT NO. 1 TO REPORT PD-231-86 TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL SUBDIVISION APPLICATION 18T-85035 14. That Block 45, shown on the red-'lined plan, be dedicated as an easement, for the sanitary sewers and watermain, to the Region of Durham. 15. That Block 39, being a 3-Om road widening allowance, be dedicated to the Town of Newcastle, free and clear of all encumbrances. Furthermore, that Blocks 41, 42, 43 and 44 be dedicated to the Town of Newcastle as 0.3 m reserves. 16. That the lands shown on the draft plan as Blocks 38 and 46 be set aside for future development and issuance of any Building Permits by the Town of Newcastle require a review of the floodplain and all other appropriate approvals before permitting development of said lands. 17. That the Owner agrees, in writing, to satisfy all requirements, financial and otherwise, of the Region of Durham. 18. That the Owner agrees to satisfy all the requirements of the Central Lake Ontario Conservation Authority. 19. That the Owner agrees to satisfy the requirements of the Ministry of the Environment as follows: a) Prior to final approval , the owner shall engage the services of a Consultant to complete a Noise Study recommending noise control features satisfacto ri to the Ministry of the Environment and the Town of Newcastle. b) Prior to final approval , the Ministry of the Environment shall be notified by a copy of the fully executed subdivision agreement between the developer and the municipality that the noise control features recommended by the acoustical report and approved by the Ministry of the Environment and the Town of Newcastle shall be implemented as approved, by requirements of the Subdivision Agreement. c) In the event that a slight noise level excess will remain, despite the implementation of the noise control features, the following warning clause shall be included in a registered portion of the subdivision agreement for subsequent inclusion in Offers of Purchase and Sale for the affected lots: "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." . . .3 Page 3 of ATTACHMENT NO. 1 TO REPORT PD-231-86 TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL SUBDIVISION APPLICATION 18T-85035 20. That the Owner shall be required to provide street lighting along the roads within the draft plan. 21. That the developer be required to provide fire hydrants, to the satisfaction of the Newcastle Public Works Department and Fire Department. 22. That the developer be required to bear 100% of the cost of reconstruction of Baseline Road which are a result of the development. 23. That the Owner contribute toward the construction of a 1.25 m concrete sidewalk on Baseline Road, Spry Avenue, and Regional Road #57. 24. That the Owner be responsible for 100% of the costs of the construction of a 1.25 m concrete sidewalk from the walkway northerly to the existing sidewalk on Waverley Road and on Spry Avenue from the proposed roadway north to the existing sidewalk on Spry Avenue. LOT 13, CONCESSION I i LOSCOMBE DRIVE I + SCAf,'- -24J5 1 )iT Y Z Q Q ���m r'♦>•t\S -'N B� 25 2 6 BLO CK CK ui 14 15 16 17 19 20 22 23 24 _N^ / .,.•,, °' 0% Wat-r" )a,. +° BLOCK 45 nOCK 3B yy 0 3Q Z 47 41 s Q} n- - ov 0 NT2'2 4 45[ BLOCK J9 )40.92 0 BASELINE ' ROAD ui T- 3 SUBJECT LANDS 14 13 12 RI �I _ 0� \ �Z J, ' 0 �\ R l _ RI W ' U P OO 4 SCOMBE 1 MI-4 MI-3 cT SASELI E ROAD C7-1 (N)C5 ; rP-2 EP C5 1 401 m r U EP 0 Epr 0 b 100 S0D SOD- KEY MAP a THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 86- being a by-law to authorize the entering into of an Agreement with Waverley Heights Subdivision (Oshawa) 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 Waverley Heights Subdivision (Oshawa) Limited and the said Corporation dated the day of 1986, in the form attached hereto as Schedule "X". 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 CLERK- i �F j.