HomeMy WebLinkAboutPD-217-86 CA)
TOWN OF NEWCASTLE
£ REPORT File #
Res. #
By-Law #
MEETING: General Purpose and Administration Committee
DATE: Monday, October 6, 1986
REPORT #: PD-217-86 FILE #: 18T-86018
SUBJECT: APPLICATION FOR SUBDIVISION APPROVAL
KIDDICORP INVESTMENTS LIMITED
PART LOT 9, CONCESSION 1 , FORMER TOWN OF BOWMANVILLE
FILE: 18-F-86018
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-217-86 be received; and
. THAI the Region of ur am be advised that the Town of Newcastle recommends approval
of the draft Plan of Subdivision 18T-86018, dated January 13, 1986, as revised in
* red, subject to the conditions contained in Attachment No. 1 to this Report; and
3. THAT a copy of Staff Report PD-217-86 be forwarded to the Region of Durham; and
4. THAT the attached by-law authorizing execution of a Subdivision Agreement between
Kiddicorp Investments Limited and the Corporation of the Town of Newcastle be
approved; and
5. THAT the Mayor and Clerk be authorized to execute the Subdivision Agreement between
Kiddico
rp Investments 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 the Director of Planning.
. . .2
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REPORT NO.: PD-217-86 Page 2
BACKGROUND:
On March 24, 1986 the Region of Durham forwarded to the Town of Newcastle a
proposed Plan of Subdivision, 18T-86018, submitted by Kiddicorp Investments
Limited. The Plan proposed the creation of fifteen (15 ) residential lots on
a 1.79 hectare parcel of land located in Part of Lot 9, Concession 1 , east
of Simpson Avenue and south of Morgandale Crescent in Bowmanville.
The Region of Durham Official Plan permits residential development on the
western portion of the site while the eastern part is designated as "Major
Open Space". The Town of Newcastle Official Plan has similar designations.
The current zoning, as set out in the Town of Newcastle's Comprehensive
Zoning By-law 84-63, also permits Low Density Urban Residential development
(R1) on the western part of the site. The eastern portion of the site has
been designated "Environmental Protection (EP)" zone.
COMMENTS:
In accordance with departmental procedures, the draft subdivision proposal
was circulated to obtain comments from other departments and agencies. The
comments received are summarized below, as are the comments which the Region
of Durham received during their circulation process.
Town of Newcastle Fire Department
"The Fire Department has no objection to the above-headed application.
Construction should be in accordance with the Building Code and Fire Code.
Response would be from Station No. 1 in Bowmanville and water supply is by
municipal fire hydrant system. "
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Town of Newcastle Community Services Department
"in reference to the above application for approval of plan of subdivision
our department has the following comments:
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REPORT NO.: PD-217-86 Page 3
Town of Newcastle Community Services Department - (Cont'd)
1. According to Town policy Block 17 being in the flood plain shall not be
accepted as part of the parkland dedication.
2. The section of Block 18 north of the flood line is acceptable.
3. Our department is, however, interested in obtaining Block 17 and 18 (in
the flood plain) at no or low cost.
4. We require cash-in-lieu of 5% parkland dedication in this subdivision.
In all we have no objection to the proposed subdivision as presented."
Town of Newcastle Public Works Department
"We have reviewed the application for Plan of Subdivision as noted above and
we have no objection subject to the following conditions:
1. That all works are completed in accordance with the Town of Newcastle's
Design Criteria and Standard drawings;
2. That any easements required by the Town be granted free and clear of
any encumbrances;
3. That the road widening, 0.3m reserve and sight triangles as shown on
the draft plan in red, is granted to the Town;
4. That the developer will bear the costs (100%) of any works on Simpson
Avenue which are necessitated as a result of this development;
5. That the utility distribution on the cul-de-sac (Hydro, Bell , Cable TV,
etc. ) be installed underground (both primary and secondary services) ;
6. That the developer contributes to the costs of reconstructing Simpson
Avenue in accordance with Town Policy;
7. That the owner meet all the requirements of the Public Works
Department, financial or otherwise;
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 developer should be required to provide street lighting at
Simpson Avenue and the proposed new court.
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REPORT NO.: PD-217-86 Page 4
Town of Newcastle Public Works Department - (Cont'd)
10. All of the other standard requirements re; Lot Grading, Schedules of
Work, Performance Guarantees, Cost Estimates, etc. , should be included
in the Subidivison Agreement; and
11. Storm drainage must be designed to flow south easterly through Block
18 and through Soper Park to outfall into Soper Creek. The location of
the outfall must be to the satisfaction of the Public Works Department
and the Department of Recreation. "
Region of Durham Works Department
"The Regional Municipality of Durham Works Department has reviewed the
above-noted proposal and wish to advise as follows:
1. Water Supply
Water supply is available by way of connection to the existing 300 mm
watermain on Simpson Avenue.
2. Sanitary Sewer
Sanitary sewer service can be provided by way of connection to the
existing 750 mm Soper Creek trunk sewer to the east of the subject
lands. A 9.0 m easement will be required between Lots 8 and 9 for the
provision of both sanitary and storm sewer outfalls.
Based on the foregoing, we have no objection to the proposed plan.
The following Regional Municipal of Durham Works Department conditions shall
be complied with prior to consent by the Works Department for registration
of the plan of Subdivision and said conditions 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 easement 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.
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REPORT NO.: PD-217-86 Page 5
Region of Durham Works Department (Cont'd)
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.
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 , athe 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 plan which are required to service such 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
reugired 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 plant and water supply plan capacity is available to service
the subject development."
Newcastle Public Utilities Commission
The Newcastle Public Utilities Commission have verbally advised that they
have no objection to this proposal .
. . .6
REPORT NO.: PD-217-86 Page 6
The Northumberland and Newcastle Board of Education
"Please be advised that the above Plan of Subdivision for fifteen ( 15 ) lots,
for the Town of Newcastle was discussed with members of the Board of
Education and that no objection was raised. "
The Peterborough-Victoria-Northumberland and
Newcastle koman Catholic Separate c o0 oard
"Please note that this Board has no objection to the proposed Plan."
Ministry of the Environment
"Staff have reviewed the above-mentioned application and have no objection
to its approval ."
Ministry of Natural Resources
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"The Ministry is concerned with the impact which this development is going
to have on Soper Creek. This creek is a significant cold water fishery;
therefore proper drainage controls will be essential . Also, sedimentation
and erosion controls will have to be detailed showing how the creek and the
steep bank are to be protected from erosion and sedimentation. As a
condition of approval the Ministry wishes to approve a detailed lot grading
plan showing all drainage and all control features. This is to have been
approved by a Professional Enai neer."
Central Lake Ontario Conservation Authority
The first comments from the Central Lake Ontario Conservation Authority
(C.L.O.C.A) wished to see no lot intended for building purposes to extend
below the fill line, which is the top of the bank. The contour line which
defines the fill line is the 86.0 m line. C.L.O.C.A. wished to see no
development beyond this point due to the steepness of the slope.
After discussions with C.L.O.C.A. it was agreed that in the case of Lot 10,
the restriction on building lots would be placed at the 84.7 m contour line,
as shown on the red-"lined plan. This would create a lot which would comply
with the Town' s Zoning By-law. Lot 7 is also a viable lot with the lot line
drawn approximately the 86.0 m contour line.
Lots 8 and 9 can no longer be used as building lots since both are well
within the area defined for no development by C.L.O.C.A. This area is steep
and susceptible to degradation by erosion.
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REPORT NO.: PD-217-86 Page 7
Central Lake Ontario Conservation Authority (Cont'd)
Under the conditions set out in the red-lined revision, C.L.O.C.A. is
prepared to support the approval of this draft subdivision.
STAFF COMMENTS:
After resolving the Central Lake Ontario Conservation Authority's concern,
we are left with thirteen (13) building lots in this proposed subdivision.
The new lot lines leave Lots 7 and 10 with different areas; Lot 7 is now
smaller while Lot 10 is approximately the same size.
The Community Services Department comments remain unchanged. This land is
not suitable for parkland dedication due to its severe slope. The
Department is still interested in obtaining this land at no or low cost.
The Policy of the Town , as set out in By-law 79-69, states that the Town
will not accept creek valley lands, flood susceptible lands, or lands with
hazardous characteristics as any portion of the 5% parkland dedication.
Notwithstanding teabove, the Town may require the dedication of the lands
outlined above, as a condition of subdivision approval . This is to be at no
cost to the municipality. The two blocks shown as Numbers 9 and 17 on the
revised plan would fall into this category. Part of the land is floodplain
and the remainder has too severe a slope to be used for park purposes.
At this time, Staff would recommend approval of the draft plan of
subdivision, 18T-86018, a�, shown on the red-lined revision, attached, and
subject to the conditions in Attachment No. 1 hereto.
Respectf ed,
T.T. Edwards, M.C. I.P. / 5
Director of Planning
Applicant: Kiddicorp Investments Ltd.
TFC*TTE*j i p 30 Cari strap Street
*Attach. BOWMANVILLE , Ontario
Sept. 9/86 L1C 3Y7
ATTACHMENT NO. 1 TO REPORT PD-217-86 JX
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-86018
i
1. That this approval shall apply to a draft Plan of Subdivision
18T-86018, dated January 13, 1986, as revised in red, prepared by
H.F. Grandler for Kiddicorp Investments Limited, showing thirteen
(13) lots for semi-detached dwellings and an area which is not to
be developed due to Fill Line constraints.
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, road widenings and reserves and
dedications as requested.
4. That the Owner agrees to pay to the Town of Newcastle, the cash
value of the five percent (5%) parkland dedication in lieu of the
parkland.
5. That the Owner agrees to dedicate the lands shown as Blocks 9 and
17 as Open Space at no cost to the municipality.
6. That the works be designed and constructed in accordance with the
latest Town of Newcastle Design Criteria and Standards, and shall
meet all the requirements of the Public Works Department,
financial or otherwise.
7. That the road allowances included in this draft plan be dedicated
as public highways.
8. That the road allowances in the plan be named to the satisfaction
of the Town of Newcastle and the Regional Municipality of Durham.
9. That the Owner agrees to satisfy all other requirements of the
Town of Newcastle, financial or otherwise. This shall include,
among other matters, execution of a Subdivision Agreement between
the owner and the Town concerning the provision and installation
of roads, services, drainage etc.
10. That the developer will bear the costs (100%) of any works on
Simpson Avenue which are necessitated as a result of this
development, to the satisfaction of the Director of Public Works.
11. That the utility distribution on the cul-de-sac (Hydro, Bell ,
Cable TV, etc. ) be installed underground (primary and secondary
services) .
12. That the developer contributes to the costs of reconstructing
Simpson Avenue in accordance with Town policy.
13. That the developer be required to provide street lighting at
Simpson Avenue and on the proposed cul-de-sac.
. . .2
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Page 2 of ATTACHMENT NO. 1 TO REPORT PD-217-86
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-86018
i
14. That the Owner design the storm drainage and sanitary outfalls to
the satisfaction of the Public Works Department, the Department of
Recreation , the Ministry of Natural Resources and the Central Lake
Ontario Conservation Authority.
15. That the Owner agrees to satisfy all the requirements of the
Ministry of Natural Resources.
16. That the Owner agrees to satisfy all the requirements of the
Central Lake Ontario Conservation Authority.
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SUBDIVISION APPLICATION d
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18T-86018 KIDDICORP _
(AS REDLINED) ?J �W2 j
UN ROAD
KEY MAP F9a%&z3
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 86-
being a 8y-law to authorize the entering into of an Agreement with Kiddicorp
Investments 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 Kiddicorp Investments Limited and the said Corporation
dated the day of 1986, in the form attached hereto as
Schedule "X".
L. 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
8Y-LAW read a third time and finally passed this day of
1986
i
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 86-
being a By-law to authorize the entering into of an Agreement with Kiddicorp
Investments Limited and the Corporation of the Town of Newcastle.
The Council of the Corporation of the Town of Newcastle hereby enacts as
follows:
I . 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 Kiddicorp Investments 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
MAYOR
CLERK
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