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HomeMy WebLinkAboutPD-17-83 Y 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 FEBRUARY 7, 1983 REPORT NO. : PD-17-83 SUBJECT: PROPOSED PLAN OF SUBDIVISION 18T-81013 PART OF LOT 19, CONCESSION 8, FORMER TOWNSHIP OF DARLINGTON 1927 INVESTMENTS LIMITED OUR FILE: S-A-1 -15-•3 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-17-83 be received; and 2. That the Region of Durham be advised that the Town of Newcastle recommends that subdivision application 18T-81013 submitted by 1927 Investments Limited be denied without prejudice at this time; and 3. That a copy of staff Report PD-17-83 be C forwarded to the Region of Durham. f� 7 Report No: PD-17-83 . . ./2 BACKGROUND: On April 13, 1981 , a revised application for subdivision approval was received by staff. The revised plan covered 12.60 ha of land within the Hamlet of Enniskillen. The designation within the approved Hamlet Development Plan called for residential development of up to twenty-six (26) units on the basis of municipal water supply, private waste disposal systems and a minimum lot area of 0.4 ha (1 acre). The site is zoned "D-Deferred Development" within Restricted Area (Zoning) By-law 2.111, as amended. Residential uses are permitted within the zone on lots having a minimum area of 0.348 (0.86 acres) and a minimum frontage of 45.5 metres (150' ) . In addition to the need for a municipal water supply system, private waste disposal systems, an amendment to Restricted Area By-law 2.111 , would be necessary; thereby bringing the By-law into conformity with the approved Hamlet Plan. SUMMARY OF CIRCULATION COMMENTS In accordance with Department procedures, this application was circulated to obtain comments from other departments within the Town. The comments received are summarized below, as are the comments which the Region of Durham received during their circulation process. i ) The Peterborough Victoria Northumberland and Newcastle Roman Catholic Separate School Board "The subject application for approval of plan of subdivision has been reviewed by the Separate School Board. We note the provision for (26) single family residential lots. An ultimate approval of this application would not adversely affect the present or future plans of this School Board." t V Report No: PD-17-83 . . ./3 The Northumberland and Newcastle Board of Education "The Board, at its last regular meeting, reviewed the above noted draft plan of subdivision. I have been directed to advise you that no objection is raised. " iii ) Ontario Ministry of the Environment "Our staff have completed their review of the 26 lot residential development referenced above and advise that we have no objection to its approval . The application indicates that servicing is to be by means of a piped water supply and septic tank systems. Comments on the proposed use of septic tank systems must be obtained from the Durham Regional Health Unit. A water supply system is to be made available in the hamlet of Enniskillen through the communal water supply which is to be installed in the development of subdivision 18T-24002 by A.R. Jeffery Construction Limited. Staff of the Regional Engineering Department advised that a condition of draft approval will be imposed to effect hook-up to the communal system once it is installed. On the basis of the above, we offer no objection to approval of the application. " iv) Ministry of Agriculture and Food "Staff have considered the subject development proposal in view of the Food Land Guidelines, and based on present knowledge, have no objection to the proposal ." V) Durham Regional Health Unit "The Durham Regional Health Unit offers no objection to the above application." vi ) Region of Durham Works Department "The Regional Works Department has reviewed the above noted revised plan and wish to advise you as follows : Municipal sanitary sewer service is not available to the subject land and the Regional Works Department has no plans to provide sanitary sewer facilities to this particular area of the Town of Newcastle. I Report No: PD-17-83 . . ./4 Water supply facilities are planned to be introduced into the Hamlet of Enniskillen through the communal water supply system to be installed in conjunction with the proposed plan of subdivision under Ministry of Housing file 18T-24002. Therefore at such time as the aforementioned system is completed and in operation, water supply facilities could then be extended to provide service to the subject plan of subdivision. In this regard, we wish to advise that the Regional Municipality of Durham will not be in a position to enter into a subdivision agreement with 1927 Investments Ltd. until the communal water supply system, to be installed in conjunction with plan of subdivision 18T-24002, is completed and in operation. The following Regional Municipality 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 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. d) That satisfactory arrangements be made for the financing j of the Regon 's share of servicing, if any, prior to the release of the final plan for registration. e) That watermains be designed in accordance with those standards approved by the Regional Municipality of Durham. i i i Report No: PD-17-83 .. ./5 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 the Owner agrees in writing to satisfy all requirements, financial and otherwise, of the Region of Durham concerning the provision of roads, water and other Regional services. h) That the subdivider provide for the extension of water supply facilities external to and within the limits of the plan which are required to service the development . 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 for registration. i ) That prior to entering into a subdivision agreement, the Regional Municipality of Durham is to be satisfied that the communal water supply system, to be installed in conjunction with proposed plan of subdivision 18T-24002, is completed and operating to the satisfaction of the Region." vii ) Region of Durham Planning Department "In response to your request, we wish to advise that the subject site is located in Enniskillen, a designated hamlet for growth of up to 200 units in the Durham Plan. You are aware that the limits of the hamlet have been defined in a development plan prepared in accordance with the policies of the Durham Plan. Proposed residential uses are permitted, subject to the hazard lands area along the southerly limits of the subject plan being defined to the satisfaction of the Central Lake Ontario Conservation Authority in accordance with Section 1 .2.4 of the Durham Plan. We note that the subject development is proposed to be serviced by a municipal water supply system and individual sewage disposal systems. Section 10.4.1 .5 of the Durham Plan allows that the Hamlet of Enniskillen may have a municipal water system. In this regard, we are aware that you have directly requested servicing comments from our Works Department." viii ) Town of Newcastle Public Works Department "Further to your request dated March 6, 1981 , the following comments are applicable to the subject application: That the Developer enter into an Agreement with the Town and the Public Works Department be kept advised of the status of same at all times. I Report No: PD-17-83 .. ./6 That all works be designed and constructed in accordance with the Town of Newcastle ' s Design Criteria & Standard Drawings. That any easements which may be required by the Town be granted free and clear of any encumbrances. That the Applicant indicates the proposed use of the (retained) adjacent lands. That the land shown as "Block 'A" be dedicated to the Town for road widening purposes, and that the Subdivision Agreement include a standard cost sharing arrangement in relation to Old Scugog Road. That a reserve of 0.3 metres be added along the north boundary, between Old Scugog Road and Lot 12. " ix) Town of Newcastle Community Services Department "Included in the Enniskillen Plan is a park next to the Enniskillen Public School . I would recommend cash in lieu of the application for the above-mentioned subdivision." X) Town of Newcastle Fire Department "Further to your correspondence for the above-noted subdivision dated February 13, 1981 . I would recommend that the proposed subdivision 's fire protection requirements be designed in accordance with ' Generalized Fire Protection Standards' , part 2 municipal water system, and that the Region of Durham design a water supply system in accordance with Regional Policy for the design of 'Small Water Systems ' for the Hamlet of Enniskillen." xi ) Ontario Ministry of Natural Resources "This revised plan of subdivision has been reviewed and we have no objections to it. On the earlier circulations of this development, we recommended redesigning the rear lot lines of lots 18-2.6 farther away from the steep slope, and this could still be argued as preferable to the present design. However, since there appears to be a suitable building site on each lot, and no serious hazard is present, we will not insist on a redesign. The Central Lake Ontario Conservation Authority may wish to comment on this matter. i Report No: PD-17-83 . . ./7 Thank you for giving us an opportunity to comment on this plan of subdivision." xii ) Central Lake Ontario Conservation Authority March 16, 1981 The site of the above proposed draft plan of subdivision has been reviewed. The following comments apply to the plan indicating 26 lots, prepared by Donevan and Fleischmann Limited, dated 14 March 1980. Lots 18 to 26 abut or extend over the top of slope of a tributary of the Bowmanville Creek. This steeply-sloping area represents the interface between the gravelly Otonabee series and the till -based Dundonald sandy loam. Both soil types are highly susceptible to erosion particularly where slopes are steep and along valley systems. Sloping areas to the rear of lots 18 to 26 are in excess of 30 per cent, are actively eroding and exhibit signs of seepage. The headwater tributary, noted above, originates in this forested wetland area. The submitted draft plan does not adequately address the steeply-sloping, eroding topography to the rear of lots 18 to 26. A redesign should therefore be prepared which provides a rear lot setback from the top of slope, taking into account existing and potential erosion and the moisture characteristics of the site. An engineering soils investigation is perhaps the best procedure to follow in making these determinations. As a final note, we would mention that the storm drainage plan for this and additional developments in the Enniskillen area should ensure that water quality impairment and increased erosion do not occur within the Bowmanville Creek system." June 1 , 1981 "Authority staff have completed a review of the site of this proposed plan of subdivision, and provided comments previously to the local municipality. A copy of our comments dated 16 March 1981 on 18T-74080 are attached and should be considered as the Authority's response to this circulation. " I Report No: PD-17-83 . . ./8 September 2.8, 1981 - letter to consultant - "Further to our telephone discussion of 21 September 1981 and my site inspection of the above site on that date, please be advised that the top of bank as delineated in the field meets our requirements. It is recommended that a revised plan, incorporating the revised rear lot limits, be prepared and submitted to the Region of Durham. Our comments would subsequently be forwarded to that agency. We have no objection, in principle, to the revised rear lot limits as observed on the site. We trust this is the information you require." December 4, 1981 "Further to our correspondence of 16 March 1981 addressed to the Town of Newcastle regarding the above proposal , Authority staff has inspected a top of bank delineation at the request of the owner's consultant and has found this to be satisfactory. The latest revised draft plan dated 06 October 1981 , proposing 26 lots generally addresses the concerns raised in our March 1981 letter. We have no objection to this plan receiving draft approval subject to conditions : 1 . No grading, filling or construction shall occur on the site without the written approval of the C.L.O.C.A. 2. Lots 18 to 26 inclusive shall be developed in accordance with site plans acceptable to the local municipality and the C.L.O.C.A. which indicate existing and proposed grades , site drainage, proposed erosion control measures and vegetation and the locations of all buildings and structures. 3. That the owner agrees in the subdivision agreement : a) to abide by conditions on permits issued for the site by the C.L.O.C.A. ; b) to develop lots 18 to 26 in conformity with site plans approved by the Town of Newcastle and the C.L.O.C.A. A copy of the executed subdivision agreement, containing the noted provisions, will expedite our clearance of the plan of registration." i i I Report No: PD-17-83 . . ./.9 COMMENTS: With respect to the provision of a municipal water supply, staff notes the approved Hamlet Plan for Enniskillen requires the installation of a communal water system prior to any development taking place. As the Committee is no doubt aware, such a water system was to be installed as a condition of draft approval of the Jeffery's subdivision (file 18T-24002) located in the south-east quadrant of the Hamlet. The timing of the installation of the system has yet to be determined and is, in fact, at the discretion of the developer. Committee most recently (December 13, 1982) adopted the following resolution: "The Council of the Town of Newcastle hereby requests the Minister of Municipal Affairs and Housing to extend the draft plan approval for Subdivision 18T-24002 for a further one year period to January 25, 1984." Mr. Jeffery, on behalf of Oakland Developments (Jeffery's subdivision) requested of the Ministry of Municipal Affairs an extension of draft plan approval for subdivision 18T-24002. In reviewing the request, staff noted the reason for the extension was to allow the developer to negotiate the necessary agreements with the Town of Newcastle and the Region of Durham. This would include the provision of a municipal water system designed and approved to the satisfaction of the Region of Durham. In this regard, the developer felt a one year extension would be sufficient to achieve the required agreements. Draft approval was originally issued January 25, 1974 and has been extended on several occassions , the latest as mentioned above, to January 25, 1983. i i Report No: PQ-17-83 .. ./10 The staging policies within the Hamlet Plan play a key role in determining the amount and area of development within Enniskillen. It is staff's understanding that the policies within Section 3.9.1 (i ) , (ii ) and (iii ) would permit new development - although a limited development of fifteen (15) lots per annum. Schedule 1 within the Hamlet Plan * (attached) identifies alphabetically the areas for expansion and is representative of the sequence for staging development in accordance with the extension of a municipal water system. Staff points out for Committee's consideration, that Section 9.3.1 (iii ) would permit Council to recommend draft approval of one or more plans of subdivision within a designated area, as identified on Schedule 1 . Section 9.3.1 (iii ) goes on to state, however, any lots approved in excess of the annual limit (15 lots per annum) shall be given a deferred designation in the implementing restricted area by-law and secondly, any development of a designated area for expansion shall be substantially completed prior to the Town considering further draft approvals within subsequent areas ( - applicable in this instance). The draft approval issued for the Jeffery 's subdivision represents a total of forty-four (44) lots. This would represent a period of approximately three (3) years - 15 lots per annum, within which building permits could not be issued for the subdivision application presently before Committee. Even if the Jeffery's subdivision were not to proceed immediately upon registration, a building permit could not be issued for 1927 Investments Ltd. until the beginning of the fourth (4th) year following registration of the Jeffery's subdivision. It is possible that within this time frame any draft approval issued for the subject application could lapse. Report No: PD-17-83 . . ./11 In light of the constraints that would affect the proposal , staff cannot support the approval of this application at this point in time. Should Committee, however, deem it adviseable to recommend draft approval of the proposed subdivision , the Town should make such approval subject to * the conditions recited by Attachment 'A' hereto. Staff calculations would indicate that lots fifteen (15) and twenty-two (22) appear to be smaller than the minimum .4 ha required in the Hamlet Study. A revision of lot lines would be necessary to comply with this requirement of the Hamlet Plan. Respect f y fitted, T. T. Edwards, M.C.I.P. Director of Planning n OT*TTE*mjc nuary 20, 1983 Applicant : 1927 Investments Limited Mr. L. Wallis 378 King Street West OSHAWA, Ontario ,vq- - ENNISKILLEN ATTACHMENT 1 SCHEDULE 1 HAMLET DEVELOPMENT PLAN J FOR ENNISKILLEN IS AMENDED BY ADDING ALPHABETICAL IDENTIFICATION OF AREAS DISIGNATED FOR EXPANSION. I I I i -- 26 E 38 I ii I� �l - ------------�--- III A - - 44 I 3 1 i i t I ' 1 (; i .I 1 I I i I l01 A ax D wr o I 4� / ATTACHMENT 1 TO STAFF REPORT PD-17-83 TOWN OF NEWCASTLE CONDITIONS FOR DRAFT APPROVAL SUBDIVISION APPLICATION 1817-81013 1 . Subject to confirmation to the satisfaction of the Town of Newcastle that lots 15 and 22 conform to the size restrictions within the Enniskillen Hamlet Plan; this approval shall apply to a draft plan of subdivision dated March 14, 1980, prepared by Donevan and Fleischmann, and revised October 6th, 1981 . 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 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 works be designated and constructed in accordance with the latest Town of Newcastle design criteria and standards. 6. That the Owner dedicate property shown as Block "A" for the future road widening of Old Scugog Road. 7. That the Owner agrees to negotiate with the Town a cost sharing arrangement for the reconstruction of Old Scugog Road abutting their lands. 8. That a 0.3 metre reserve be created along the northerly property line between Old Scugog Road and Lot Number 12. 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 Owner agrees to satisfy all other requirements of the Town of Newcastle, financial or otherwise. 12. That the necessary amendment to By-law 2111 , as amended, of the Former Township of Darlington, now in the Town of Newcastle, be approved and in effect. 13. That the Owner agrees, in writing to satisfy all requirements, financial and otherwise, of the Region of Durham. Page 2 ATTACHMENT 1 TO STAFF REPORT PD-17-83 TOWN OF NEWCASTLE CONDITIONS FOR DRAFT APPROVAL SUBDIVISION APPLICATION 18T-81013 14. That the Owner agrees: a) to satisfy the requirements of the Central Lake Ontario Conservation Authority as specified below: i ) no grading, filling or construction shall occur on the site without the written approval of the Central Lake Ontario Conservation Authority; ii ) Lots 18 to 26 inclusive shall be developed in accordance with site plans acceptable to the local municipality and the C.L.O.C.A. which indicate existing and proposed grades, site drainage, proposed erosion control measures and vegetation and the locations of all buildings and structures. iii ) that the Owner agrees in the subdivision agreement A. to abide by conditions on permits issued for the site by the C.L.O.C.A. ; B. to develop Lots 18 to 26 in conformity with site plans approved by the Town of Newcastle and the C.L.O.C.A. 15. That the Owner agrees to satisfy the Town 's rural fire protection requirements pursuant to By-law 81 -30.