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Home My WebLink AboutPD-28-83 130 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-28-83 SUBJECT: PROPOSED PLAN OF SUBDIVISION 18T-82030 OUR FILE: S-A-1 -10-5 APPLICATION FOR REZONING Z-A-1 -10-3 LOTS 32 & 33, CONC. III, DARLINGTON TOWNSHIP, TOWN OF NEWCASTLE ( � } RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-28-83 be received; and 2. That the Region of Durham be so advised that the Town of Newcastle recommends approval of revised plan 18T-81030, dated December 4th, 1981 , subject to the conditions contained in * Attachment 1 to this Report; and 3. That application for rezoning Z-A-1 -10-3, in respect of part Lot 32 and 33, Concession III , Township of Darlington , be approved and that * the attached By-law to amend Restricted Area (Zoning) By-law 2111, as amended, be forwarded to Council for approval ; and 3 ICY 1 Vv Report No: PD-28-83 . . ./2 4. That a copy of Staff Report PD-28-83 be forwarded to the Region of Durham. BACKGROUND AND COMMENT: Amendment No. 83 to the Official Plan for the Regional Municipality of Durham Planning Area was approved by the Ministry of Municipal Affairs and Housing on November 24th, 1982. The purpose of said amendment to the Durham Regional Official Plan was to permit the development of a maximum of twenty-six (2.6) estate residential lots. Subsequent to, and in consideration of, the requested Official Plan Amendment as stated above; on August 27th, 1982, the Newcastle Planning Department received notice, through the Region of Durham Planning Department, of an application for subdivision approval for a twenty-six (26) lot estate development. A zoning by-law amendment aplication was also filed with the Town on August 20, 1982, prior to receipt of the subdivision application. At the time of submission of both the subdivision and rezoning applications, the issues/concerns with respect to the eventual outcome of Amendment No. 83 to the Durham Regional Official Plan had not been resolved; subsequently, the preparation of a staff report on the noted applications was not immediately proceeded with. However, in accordance with Departmental procedures , the subject proposal 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. Report No: PD-28-83 .../3 The Peterborough-Victoria-Northumberland and Newcastle Roman Catholic Separate School Board from subdivision circulation - "The subject application has been reviewed by the Separate School Board. We note the plan for (2.6) single family estate lots. An ultimate approval of the plan would not adversely affect the present or future plans of this School Board." The Northumberland and Newcastle Board of Education - from Official Pan Amendment circu it on - "I have been directed to advise you that no objection is raised to the amendment, and that a site for school purposes would not be required within the boundaries of the development. " Central Lake Ontario Conservation Authority - from zoning amendment circulation - December 22, 1982 "Thank you for providing the Central Lake Ontario Conservation Authority with an opportunity to comment on the above rezoning application. This site was previously reviewed as official plan amendment number 81 .37. In our comments on the amendment we indicated that as a result of negotiations with the owner and lot limit (depth) changes to the plan, we were generally satisfied that the site could support estate-residential development. An important qualifier to our position was that until a detailed hydrogeological analysis of the site was completed, we could not support any particular number or configuration of lots. It was also indicated that we did not support development in blocks 27, 28 or 29. These areas comprise valleylands and poorly drained areas of significant forest and wildlife habitat. In view of the above, we would recommend that blocks 27, 28 and 29 be zoned Greenbelt to prohibit development.* In absence of a detailed analysis of site hydrology, it may be premature to recognize a specific number of lots at this time. *This would be consistent with the Major Open Space designation for these lands in the Durham Regional Official Plan." Report No: PD-28-83 . . ./4 January 21 , 1983 "This Authority has completed a review of the above draft plan of subdivision proposing 26 lots and dated 04 December 1981 . The hydro-geologic study requested in our comments pertaining to official plan amendment 81-37 has been received and found to be acceptable. The tree survey for lots 5 to 11 , originally to be submitted with the draft plan of subdivision, and necessary to identify and preserve significant specimens and/or wildlife habitat, will be addressed by a condition of draft approval . Due to seasonal limitations and the possible imminent need to make lots available for sale, we are prepared to have this matter resolved during the period preceding registration. All lots are sufficiently removed from the regional flood limits and according to the submitted study of relevant hydrogeology, may be developed with minimal disturbance to the hydrologic regime. As noted in our correspondence regarding amendment 81 -37 (16 February 1982, copy attached), we do not favour development in blocks 27, 28 or 29. This was one of the bases of our supporting the revised amendment application. In view of the foregoing, we would have no objection to the draft approval of 18T-82030, provided the following conditions are applied: 1 . Blocks 27, 28 and 29 shall be subject to a rezoning provision which has the effect of prohibiting buildings or structures in these areas other than those essential for flood or erosion control . 2. Blocks 27 and 28 shall be dedicated as public lands in addition to any other municipal parks dedication. 3. No grading or filling shall occur on the site without the written permission of the Central Lake Ontario Conservation Authority. 4. Prior to final approval of the plan, the owner shall submit to the Central Lake Ontario Conservation Authority for approval , a tree survey for the area of lots 5 to 11 which identifies species type, age and condition and which provides an evaluation of the use of identified areas by various wildlife forms. Report No: PD-28-83 . . ./5 5. Prior to the issuance of a building permit for any of lots 5 to 11 , the applicant shall first obtain Central Lake Ontario Conservation Authority site plan approval for the said lot which indicates existing and proposed grades, site drainage', vegetation to be preserved and the location of all buildings and structures. 6. The owner shall agree in the subdivision agreement : a) not to oppose the rezoning provision noted in condition 1 ; b) to carry-out to the satisfaction of the Central Lake Ontario Conservation Authority: i ) the grading of lots 1 to 4 and 13 to 26; and ii ) the development of lots 5 to 11 in accordance with the tree survey noted in condition 4. A copy of the subdivision agreement, signed by the owner and containing the provisions indicated in condition 6, will expedite our clearance of that condition." Ministry of Agriculture and Food - Foodland Preservation Branch - from zoning and subdivision circulation - "Staff have considered the subject development proposals in view of the Food Land Guidelines , and based on present knowledge, have no objection to the proposal ." Ontario Ministry of Natural Resources -from zoning and subdivision circulation- September 10, 1982 "Thank you for giving us an opportunity to review this rezoning application. We have already commented on a corresponding application to amend the Durham Region Official Plan, and are presently studying a plan of subdivision for the property. We would have no objections to the rezoning of Lots 1 to 26 to "Estate Residential ". However, the Farewell Creek flows across Blocks 27 & 28. We consider that this creek is a cold water trout stream which is susceptible to degredation. Furthermore, the lands adjacent to the creek would be subject to flooding under Regional Storm conditions. It is a policy of this Ministry to oppose development occurring in flood prone areas. Report No: PD-28-83 . . ./6 Therefore, we recommend that Blocks 2.7 and 28 should be rezoned so that no buildings nor structures, other than those required for flood or erosion control , will be permitted. This corresponds to our recommendations regarding the official plan amendment. Furthermore, we will be recommending to the Region of Durham that the rezoning of Blocks 27 & 28 to prohibit development should be made a condition of draft approval for the proposed subdivision. " September 16, 1982 "This plan of subdivision has been reviewed in light of our earlier comments pertaining to this property. We have previously reviewed both an application to amend the Durham Region Official Plan and a rezoning application . As shown on the draft plan of subdivision , the Farewell Creek flows across the subject property. This creek is considered to be a cold water trout stream which is susceptible to degradation. One of the most effective methods of protecting such a fish habitat is through the creation of a buffer zone abutting the creek. Furthermore, the lands adjacent to the Farewell Creek would be affected by flooding under Regional Storm conditions. It is a policy of this Ministry to be opposed to the development of such flood prone lands. Therefore, we recommend that the following be made a condition of draft approval : The municipality's zoning by-law will be amended so that no buildings nor structures, other than those required for flood or erosion control , may be placed on either Block 2.7 or Block 28. Furthermore, the developer should be reminded that, under the terms of the Lakes and Rivers Improvement Act, no damming nor other alterations may be carried out on the Farewell Creek without prior written authorization from the Ministry of Natural Resources." Region of Durham Planning Department - from subdivision circulation - "Further to your request for comments, we note that the subject site is identified for estate residential development by Amendment No. 83 to the Durham Regional Official Plan. The proposal conforms to Amendment No. 83 which was adopted by Regional Council on June 2.3, 1982 and is presently before the Minister for approval ." Report No: PD-28-83 . . ./7 Region of Durham Health Unit -from zoning and subdivision circulation- "This health unit has no objection to the above proposal with the following recommendations : 1 . Due to possible high ground water levels, lots 4 and 13 to 26 will probably require the importation of sand fill over the tile bed areas. Individual lot inspections at a future date will determine the amount of sand fill required. 2. Lots 6, 7 and 8 should have proposed drilled wells located in the front yards and the beds located in the rear yards. 3. On heavily wooded lots, all trees will have to be removed on the tile bed areas. 4. Individual wells as proposed should be drilled wells." Bell Canada -from subdivision circulation - "This is to notify you that we have no objection to the application for approval of the plan of subdivision for the above mentioned file." Ontario Hydro - from su division circulation- "The plan has been circulated to the interested divisions of the Corporation for comment. We have no objections to the proposed subdivision as presently laid out." Town of Newcastle Fire Department -from zoning and subdivision circulation- August 27, 1982 "As the area will not be serviced by a Municipal piped water system for fire protection, an underground water reservoir in accordance to the Town of Newcastle Generalized Fire Protection Standards for Estate Lots and Rural Residential Developments will be required. The reservoir should be located in a central location with access from the travelled portion of the road. Cul -de-sacs require a centre line turning radius of not less than 40 feet. The proposed development is within an acceptable travel distance and emergency response time from Station #4, Courtice." Report No: PD-28-83 . . ./8 October 1 , 1982 "The proposed subdivision is within an acceptable travel distance and emergency response time from fire station #4, Courtice. Water supply for fire protection will be required in the form of an underground water reservoir in accordance to the Town of Newcastle Generalized Fire Protection Standards for Estate Lots and Rural Residential Developments. Reservoir to be centrally located, accessible from the travelled portion of the road." Town of Newcastle Community Services Department -from subdivision circulation- "In response to your Memorandum of September 14th, 1982 regarding the above-mentioned subject. Would recommend that we received 5% in lieu of parkland." Town of Newcastle Public Works Department - from zoning and subdivision circulation- "I have reviewed the subject application and submit the following comments for consideration. - That the applicant enter into a Subdivision Agreement suitable to the Public Works Department. - That the applicant dedicate a road widening at the fourth Concession. - That the applicant reconstruct Tooleys Road from the north limit of the curb and gutter section to Fourth Concession. - That the applicant initiate the closure and conveyance of the road allowance between lots 32 and 33. - That the applicant recognize the condition of the Bridge structure on McLean Road abutting the south limit of the property and be willing to enter into a cost sharing agreement for upgrading of the structure. Durham Regional Transportation Planning Board -from Official Plan Amendment circulation- The comments received as a component of the Official Plan Amendment review did contain relevant concerns which would be best dealt with at the plan of subdivision stage: "During the processing of this application Town staff have discussed this proposal with Regional Transportation Planning staff. Their concerns relate to both the north and south boundary roads. Report No: PD-28-83 .. ./9 The north boundary, or the Fourth Line of Darlington , is apparently the proposed extension of Rossland Road. The Region has requested the Town to obtain sufficient lands to widen this right-of-way to 120 feet. The south boundary of the proposal is the preferred alignment for the extension of Adelaide Avenue and Regional staff have requested a widening to an 86 foot right-of-way. Given that both of these "future extensions" are presently under the jurisdiction of the Town, the Region is in effect requesting the Town to take these road widenings at this time on their behalf in order to simplify future negotiations. However, such requirements are more appropriately imposed at the subdivision approval stage and staff feel that it is sufficient at this time, to simply advise the applicant of this future requirement. *See attached Regional map with respect to the above comments. STAFF COMMENTS: Staff would note, for Committee's consideration, that the applicant made application (LD 23/83 to LD 33/83 inclusive) to the Land Division Committee to sever proposed lots 1 through 4 and 20 through 26 as shown on the proposed draft plan of subdivision. In a report to the Land Division Committee for their meeting of January 10, 1983, the following recommendation was included: "RECOMMENDATIONS The above information has been prepared for Committee's deliberation of the applications as submitted. Staff would consider the following conditions necessary should approval be contemplated. 1 . That the applicant enter into a Development Agreement pursuant to Section 36 of The Planning Act with the Town of Newcastle in respect of the proposed development of these lands; thereby satisfying any Town requirements, financial and otherwise. Report No: PD-28-83 .. ./10 2. An appropriate zoning by-law amendment receive final and binding approval . 3. An appropriate road widening to the satisfaction of the Town be dedicated along the southerly limits of Application LD 33/83 and along the northerly limits of Application LD 23/83.° Although the events of this particular meeting have not been confirmed through receipt of the minutes, it is staff's understanding the matter was tabled by the Land Division Committee. Staff have no objections to the approval of the plan of * subdivision, subject to the conditions set out on Attachment 1 to this Report , nor to the approval of a By-law amendment. The jurisdiction(s)/or qualification(s) of several of the conditions are expanded upon herein. The provisions contained within Section 13 - Transportation Network - of the Regional Official Plan would appear to illustrate the location of a Type "B" arterial road immediately abutting the southerly limits of Lot 26 and Block 27 and a Type "A" arterial road immediately abutting the northerly limits of Lot 1 . Sections 13.2.8 and 13.2.9 of the Regional Plan indicate that a Type "A" and "B" arterial road shall have a right-of-way width ranging from 120 feet to 150 feet and 86 feet to 120 feet, respectively. As such; appropriate road widenings of 7.01 metres (23 feet) along the southerly limits of Lot 26 and Block 27 and 8.22 metres (27 feet) along the northerly limits of Lot 1 are to be deeded to the Town as a condition of approval . Staff notes, the location of the proposed tile-bed area on Lot 26 may require a minor alteration to the satisfaction of the Durham Regional Health Unit in light of the road widening requirements. i Report No: PD-28-83 .. ./11 Staff has no major objections to the request of the Central Lake Ontario Conservation Authority of prohibiting buildings and structures within Blocks 27, 2.8 and 29 for flood and erosion control measures through an amendment to the Restricted Area (Zoning) By-law. The Central Lake Ontario Conservation Authority has secondly requested the dedication of Blocks 27 and 28 as public lands in addition to any other municipal park dedication. Staff would concur to the dedication, gratuitously, of Blocks 27 and 2.8 to the appropriate authority for erosion protection, flood control and conservation purposes. It is staff's understanding , the applicant has recently optioned a 12 acre parcel of land immediately abutting Block 29, and having a frontage on the Fourth Line (road allowance between Concessions 3 and 4). In order to prevent the creating of a "land-locked" parcel (Block 29) through the dedication of Block 28; a condition of approval will rquire the melding of the property proposed for acquisition and Block 29 as one, under one ownership; pursuant to Section 29(3) of the Planning Act. As per policy - Parkland Dedication By-law 79-69, the dedication of Blocks 27 and 28 is not to be interpreted as comprising any portion of the five percent (5%) parkland dedication under Section 36 of The Planning Act. Sections (1 ) and (2) of By-law 79-69 Parkland Dedications (Subdivision) state as follows: "1 . The Town of Newcastle may require as a condition of approval of a plan of subdivision that up to 5% of the land included in a plan of subdivision be dedicated to the Town for park purposes. The Town of Newcastle shall not accept any creek valley lands or lands with hazardous characteristics as any portion of the 5% parkland dedication requirement. 2. Notwithstanding the above requirement, the Town may require the dedication of creek valleylands, flood susceptible lands or lands with hazardous characteristics to the municipality at no cost as a condition of subdivision approval ." Report No: PD-28-83 . . ./12 In accordance with By-law 81 -30, a water supply for fire protection purposes will be required in the form of an underground water reservoir, in accordance with the Town of Newcastle Generalized Fire Protection Standards for Estate Lots and Rural Residential Developments. Staff are, therefore, recommending that the Region of Durham be advised that the Town of Newcastle has no objection to the approval of draft plan of subdivision 18T-82030, subject to the specific conditions which are outlined in Attachment 1 to this Report, and secondly, that the attached By-law amendment be forwarded to Council for approval . Respec ull fitted, T. T. Edwards, M.C.I.P. Director of Planning °..F LDT*TTE*mjc January 27, 1983 �h ATTACHMENT 1 TO STAFF REPORT PD-28-83 TOWN OF NEWCASTLE CONDITIONS FOR DRAFT APPROVAL SUBDIVISION APPLICATION 18T-82030 1 . That this approval shall apply to a draft plan of subdivision dated December 4, 1981 , prepared by Donevan and Fleischmann. 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 designed and constructed in accordance with the latest Town of Newcastle design criteria and standards. 6. That the road allowances 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 and the Regional Municipality of Durham. 8. That the Owner agrees to satisfy all other requirements of the Town of Newcastle, financial or otherwise. 9. 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. 10. That the Owner agrees, in writing, to satisfy all requirements, financial and otherwise, of the Region of Durham. 11 . That the Owner dedicate the appropriate property to the satisfaction of the Town of Newcastle for road widening, free and clear of encumbrances, along the southerly limits of Lot 26 and Block 27; along the northerly limits of Lot 1 and along the westerly limits of Lots 24 through 26, inclusive. Page 2 ATTACHMENT 1 TO STAFF REPORT PD-28-83 TOWN OF NEWCASTLE CONDITIONS FOR DRAFT APPROVAL SUBDIVISION APPLICATION 18T-82.030 12. That the Owner agrees to negotiate with the Town of Newcastle a cost sharing arrangement for the reconstruction/improvement of Tooley 's Road and McLean Road. 13. That the Owner agrees to initiate the closure and conveyance of the road allowance between Lots 32 and 33. 14. That a 0.3 metre reserve be created in the following locations : i ) the northerly limit of Lot 1 ; ii ) the southerly limits of Lot 26 and Block 27; iii ) the appropriate lot lines of Lots 5, 6, 12, 13, 14, 15 and 19, having frontage on Tooley 's Road. 15. That the Owner agrees to satisfy the Town 's rural fire protection requirements pursuant to By-law 81 -30. 16. That the Owner agrees to dedicate, gratuitously, Blocks 27 and 2.8, to the appropriate authority for erosion protection, flood control and conservation purposes . 17. That the Owner agrees: a) to satisfy the requirements of the Central Lake Ontario Conservation Authority as specified below: i ) no grading or filling shall occur on the site without the written permission of the Central Lake Ontario Conservation Authority; ii ) prior to final approval of the plan, the owner shall submit to the Central Lake Ontario Conservation Authority for approval , a tree survey for the area of lots 5 to 11 which identifies species type , age and condition and which provides an evaluation of the use of identified areas by various wildlife forms. iii ) prior to the issuance of a building permit for any of lots 5 to 11 , the applicant shall first obtain Central Lake Ontario Conservation Authority site plan approval for the said lot which indicates existing and proposed grades, site drainage, vegetation to be preserved and the location of all buildings and structures; Page 3 ATTACHMENT 1 TO STAFF REPORT PD-28-83 TOWN OF NEWCASTLE CONDITIONS FOR DRAFT APPROVAL SUBDIVISION APPLICATION 18T-82030 iv) The owner shall agree in the subdivision agreement : a) not to oppose the rezoning provision noted in condition 1 ; b) to carry-out to the satisfaction of the Central Lake Ontario Conservation Authority: i ) the grading of lots 1 to 4 and 13 to 26; and ii ) the development of lots 5 to 11 in accordance with the tree survey noted in condition 4. b) to satisfy the requirements of the Region of Durham Health Unit. 18. That the Owner agrees that Block 29 shall "meld" with the property immediately abutting and to the north of said Block under one ownership; pursuant to Section 29(3) of the Planning Act. ! i LOT 34 ;,OT 33 QT 32 / fAREcvEL1_ cF,F• t �� 23 _J . ,r PEBBLESTONE ✓ PROPOSED "• GULF COJRSE ROSSLAND RD CON IV EXTENSION 41ti it 05NAWA ` ��'1 r 7 7, RETAINED "� ■ COY BOUNDARY BY I KM APPLICANT ■ CON til WOODED j� APPLICANTS r __ : AREA Y ;9 PROPOSAL -t , •' p AGRICULTURAL LAND '. � � �• F"' WOODED AREA �1 j ■ PROPOSED ADELAIDE --_ AVE. EXTENSION w ,'� • ' _ ' '_ Y' jir�'•"k �. �� ::t?. .t: 'n ... rte. 7.�. T�:*fE3_:7'•.^-::-:=T '�s�zc�s;_'.'_ `,i�.• - '�, z:1 .}f :t ..:.- -mot {r - _a:- ' z✓»a S /{ 1 •1 •r' r �. t- f; :V .1' •:Y + y •l I'. •r r i' :t1 r?` �.. .I: .;I r• �. 'l. �:COl/f2T I• ...... •� CE �:URB ♦ AN': r J t. •fir:: r' r. 1' L •'n:' .4 T u. ,. .•:•:: KEYMAP 0 T4UNrO RD. 3 J OFFICIAL PLA14 AMENDMENT APPLICATION 4 . 1 ��'� MR. PAUL GEARING ti 0 L h I crry OF IT �• N; d a FILE: 81-37/D ,. 05HaWA -ro,4 N OF o 0 or : Newt65TIt Z z z LOCATION SKETCH O p (w J y 0 J 3 n ONF- N`vy No