HomeMy WebLinkAboutPD-62-83 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 APRIL 18, 1983
REPORT NO. : PD-62-83
SUBJECT: PROPOSED PLAN OF SUBDIVISION 18T-82034
APPLICATION FOR REZONING - DEV 83-3
PART LOT 15, CONCESSION 3, FORMER TOWNSHIP
OF DARLINGTON - VAN ANDEL AND GUST
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following:
1 . That Report PD-62-83 be received; and
2. That the Region of Durham be advised that the
Town of Newcastle recommends approval of plan
18T-82034, dated September 9th, 1982, subject
to the conditionsAcontained in Attachment No. 1
to this Report; and
3. That application for rezoning in respect of
Part of Lot 15, Concession 3, Township of
* Darlington, be approved and that the attached
By-law to amend By-law 2111, as amended, be
forwarded to Council for approval ; and
4. That a copy of Staff Report PO-62-83 be
forwarded to -the Region of Durham.
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BACKGROUND AND COMMENTS:
Amendment No. 84 to the Official Plan for the Regional
Municipality of Durham Planning Area was approved by the
Ministry of Municipal Affairs and Housing on August 17th,
1982. The purpose of said amendment to the Durham Regional
Official Plan was to permit the development of a maximum of
twenty-two (22) estate residential lots.
Subsequent to, and in consideration of, the requested
Official Plan Amendment as stated above; on September 29th,
1982, the Newcastle Planning Department received notice
through the Region of Durham Planning Department, of an
application for subdivision approval for a twenty-two (2.2)
lot estate development. A zoning By-law amendment
application was also filed with the Town on February 11th,
1983.
Summary of Circulation Comments
In accordance with Departmental procedures, the subject
proposal was circulated to all concerned departments within
the Town to obtain their comments. The comments received
are summarized below, as are the comments which the Region
of Durham received during their circulation process.
The Peterborough-Victoria-Northumberland and Newcastle Roman
Catholic Separate School Board Official Plan Amendment
Circulation
"The Separate School Board has reviewed the request to amend
the Official Plan and the information attached. We note the
provision for (25) estate residential single family
dwellings.
The plan proposed would not adversely affect the present or
future plans of this School Board."
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The Northumberland and Newcastle Board of Education
(Official Pan Amendment Circulation)
October 10, 1981
"The above official plan amendment to the Durham Regional
Official Plan - Town of Newcastle was reviewed by the Board
at its last Regular Meeting.
I have been directed to advise you that a site for school
purposes would not be required within the boundaries of the
proposal , and that no objection is raised."
March 15, 1982
"The Board at its last Regular Meeting, considered -the above
noted amendment to the Official Plan of the Region of
Durham.
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, however, transportation would be required."
Central Lake Ontario Conservation Authority (From
Subdivision Application Circulation
"Authority staff have completed a review of the above
proposal dated 09 September 1982 and indicating 22
estate-residential lots. We have also reviewed a
hydrogeological report for the site and relevant areas
prepared by Hydrology Consultants Limited.
The rear lot limits of lots 1 to 4 extend farther toward the
Bowmanville Creek than agreed-to during discussions
pertaining -to official plan amendment 81 -28. In this
regard, we will request that a red-line revision be made to
the submitted draft plan in the areas noted. Specific
recommendations of the referenced hydrogeologic study will
be addressed by conditions of draft approval .
Should 18T-82034 receive draft approval , the following
conditions should be applied on our behalf:
1 . The plan shall be altered as indicated in red on the
attached copy, effectively adding those portions of lots
1 to 4 to the west of this line to block 27.
2. Block 27 shall be zoned to prohibit buildings or
structures other than those needed for flood or erosion
control .
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3. Block 27 shall be dedicated as public land in addition
to any other municipal parks dedication.
4. No grading, filling, construction or alteration to
vegetation shall occur on the site without the written
permission of the Central Lake Ontario Conservation
Authority.
5. The development of the site shall be in accordance with
the recommendations of the report on site hydrogeology
prepared by Hydrology Consultants Limited, in addition
to any requirements of the regional health unit.
6. The owner shall agree in the subdivision agreement :
a) not to apply for a building permit for any lot until
a site plan indicating existing and proposed grades,
site drainage, vegetation and the locations of all
buildings, structures and tile fields, has received
the approval of the Central Lake Ontario
Conservation Authority;
b) to carry-out or cause to be carried-out the
development of each lot according to plans approved
by the Central Lake Ontario Conservation Authority.
Please request that a copy of the signed subdivision
agreement be sent to this Authority. This will expedite our
clearance of condition 6."
Ministry of Agriculture and Food - Foodland Preservation
Branch From Rezoning and Subdivision Circulation)
"On behalf of this Ministry, I reviewed the proposal in view
of the Food Land Guidelines.
Although we have no concerns about the principle of
development, we do want to protect the apple orchard located
west of this proposal , In order to avoid potential
conflicts from spray drift, we require that houses and
swimming pools be at least 200 feet from the nearest point
of the orchard. This should be a condition in the zoning
by-law. This limited building restriction is now part of
the Draft Plan Subdivision 18T-82034."
Ontario Ministry of Natural Resources (From Rezoning and
Subdivision Circulation
"This proposed plan of subdivision has been reviewed and the
site inspected.
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Report No: PD-62-83 . . ./5
Our concerns for the development of the site were previously
outlined when we reviewed Official Plan Amendment 81 -28.
Bowmanville Creek, which runs through the proposed
subdivision, is an important cold water trout stream.
Activities which may cause erosion of the stream banks and
siltation, or obstruct water flow should be prevented.
Because of the extent of the valley lands below the level of
the Regional Flood limit, and the very steep slopes adjacent
to the Bowmanville Creek, development or major landscape
alterations in Block 25 and 27 should be restricted.
Recommendations :
Based on the above, the Ministry of Natural Resources
rcommends that draft approval of this plan of subdivision be
subject to the following conditions :
1 . That the municipality's restricted area by-law will
contain provisions which will have the effect of prohibiting
all buildings and structures in Block 25 and 27, except
those necessary for flood or erosion control .
2. The owner will agree in the Subdivision Agreement, in
wording acceptable to the Ministry of Natural Resources ,
that no damming, dredging nor other alterations to
Bowmanville Creek will be carried out without the prior
written approval of the Ministry of Natural Resources.
In order to expedite clearance of these conditions , a copy
of the signed Subdivision Agreement should be sent to the
District Manager, Ministry of Natural Resources , Lindsay
Disrict."
Region of Durham - Health Unit
"The above proposal is approved subject to the following:
1 . Due to high ground water conditions, especially to lots
around the abandoned gravel pit area, raised leaching beds
will be required.
2. A 100% replacement area required.
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3. The location of individual drilled wells and septic
systems should be predetermined (i .e. all wells to be in
front of house and septic systems at back of house, or vice
versa) .
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4. A lot servicing diagram indicating the location:
(a) The septic system (size)
(b) The individual drilled well
(c) The proposed residential dwelling."
Region of Durham - Planning Department
"Further to your request for comments, we note that the site
is identified on Map 'A' and is recognised in Section
10.3.1 .4 - 13) of the Durham Regional Official Plan as an
area for estate residential development.
The proposed 22-lot development conforms."
Town of Newcastle - Fire Department
"1 ) The proposed subdivision development is located
approximately 3 KM from existing fire station # 1 ,
Bowmanville, an acceptable travel distance and response time
for emergency services.
2) There is no accessible static water supply for fire
protection within the area requiring the use of water
tankers for fire protection.
3) Cul -de-sacs to have a centre line radius of 12 M.
4) Access for fire department equipment shall be provided
to each building by means of a private driveway or yard."
Town of Newcastle - Community Services
"In response to the attached correspondence dated October
26th, 1982 regarding the above-mentioned subject.
Please be advised that I would recommend five per cent (5%)
in lieu of park land. "
Town of Newcastle - Works Department
"With respect to your enquiry of October 6, 1982, the
following comments are applicable to the subject item:
1 . A 1 .0 meter road widening should be dedicated along the
Old Scugog Road frontage.
2. The Developer should be required to pay for half the
cost of upgrading Old Scugog Road to a 2-lane Rural
Standard.
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3. The Developer should be required to construct the two
courts proposed on the Plan to a 2-lane Urban Standard, with
appropriate storm sewers and storm sewer outfall easements,
if required.
4. Access to individual lots fronting Old Scugog Road must
be in accordance with Town Policy.
5. The Developer should be required to provide street
lighting along Scugog Road and the internal courts.
6. All of the other standard requirements re: Lot Grading,
Schedules of Work, Performance Guarantees, Cost Estimates ,
etc. , should be included in the Subdivision Agreement."
Staff Comments:
Staff has no objections to the approval of the plan of
subdivision, subject to the conditions set out in Attachment
No. 1 to this Report , nor to the approval of an implementing
Zoning By-law amendment. The jurisdictions)/or
qualification(s) of several of the conditions are expanded
upon herein.
It is noted, however, for Committee's information, that
staff does have reservations with the recommending of
approval of lots fifteen (15) and sixteen (16) in light of
the restrictions to be imposed thereon. The "building
envelope" as created on each lot , resulting from the By-law
setback requirements and limit of building restrictions as
per the Ministry of Agriculture and Food, in proportion to
the other lots, is not only small in size, but quite
restrictive in location. Staff is not implying, however,
that the By-law provisions proposed and requirements of the
Department of Agriculture and Food are too restrictive; but
rather, that each lot will require "special treatment" when
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built on , i .e. house style/type, orientation thereof, etc.
The actual "building envelope" of each is sufficient to
provide an adequate area, yet concern in developing each is
warranted. Staff have, through discussions with D. G.
Biddle and Associates (agent) , indicated these concerns with
respect to lots 15 and 16. Furthermore, it is staffs'
understanding that the owners are aware of this concern and
acknowledge that "special attention" to these particular
lots is warranted, and, ideally attempt to overcome what
they consider "a marketing problem only".
In addition to the above, special attention to the grading,
drainage etc. of lot 16 in light of the location of the
"building envelope" within the limits of the abandoned
gravel pit is warranted. It is staffs ' understanding that
"engineering concerns" of this nature can be dealt with
through the subdivision agreement and jurisdiction of
appropriate authorities.
Staff has no major objections to the request of the Central
Lake Ontario Conservation Authority of prohibiting buildings
and structures within Block 2.7 for flood and erosion control
measures through the implementing zoning by-law amendment.
The Central Lake Ontario Conservation Authority has also
requested the dedication of Block 27 as public lands, in
addition to any other municipal park dedication. Staff
would concur to the dedication , gratuitously, of Block 2.7 to
the appropriate authority for erosion protection , flood
control , and conservation purposes. Staff would, however,
recommend the consolidating of Block 26 with 27 in order to
prevent the creation of a "land-locked" parcel . A similar
request is made through the consolidation of Blocks 24 and
2.5 with Lot 2.2. The above-noted conditions are reflected
within attachment number one (1 ) to this Report.
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In consideration of the condition of approval that the
Ministry of Agriculture and Food have requested becoming
part and parcel of the subdivision approval ; it is staffs '
opinion that such a condition be included within the
subdivision agrement in a manner that would require the
Owner -to insert within any "agreement to purchase" entered
into with a prospective purchaser, notice that the lands are
subject to the covenants and obligations set forth in said
subdivision agreement. Accordingly, within attachment
number one, an appropriate clause has been inserted
reflecting the above.
As per policy - Parkland Dedication By-law 79-69; the
dedication of Block 27 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 ."
Staff are, therefore, recommending that the Region of
Durham be advised that the Town of Newcastle has no
objections to the approval of draft plan of subdivision
18T-82034, subject to the specific conditions which are
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Report No: PO-62-83 .. ./lO
outlined in Attachment Numbner One (1 ) to this Report, and
secondly, that the attached By-law amendment be forwarded to
Council for approval .
Respectf tted,
T. T. Edwards , M.C. I.P.
Director of Planning
LDT*TTE*mjc
March 2.9, 1983
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ATTACHMENT 1 TO STAFF REPORT PD-62-83
TOWN OF NEWCASTLE CONDITIONS FOR DRAFT APPROVAL OF
SUBDIVISION APPLICATION 18T-82034
1 . That this approval shall apply to a draft plan of
subdivision dated September 9th, 1982, prepared by D. G.
Biddle & Associates Ltd., Consulting Engineers, as
revised in red and attached hereto.
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 (50/,) 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 the
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 all encumbrances.
Page 2, ATTACHMENT 1 TO STAFF REPORT PO-62-83
TOWN OF NEWCASTLE CONDITIONS FOR DRAFT APPROVAL OF
SUBDIVISION APPLICATION 18T-82034
12. That the Owner agrees to negotiate with the Town of
Newcastle a cost sharing arrangement for the
reconstruction/improvement of Old Scugog Road.
13. That a 0.3 metre reserve be created in the following
locations:
i ) the easterly lot line for lots seven (7) , twelve
(12) and seventeen (17) .
14. That the Owner agrees to dedicate, gratuitously, Block
27, to the appropriate authority for erosion protection ,
flood control and conservation purposes.
15. That the Owner agrees:
a) to satisfy the requirements of the Central Lake
Ontario Conservation Authority as specified below:
i ) no grading, filling, construction or alteration
to vegetation shall occur on the site without
the written permission of the Central Lake
Ontario Conservation Authority.
ii ) the development of the site shall be in
accordance with the recommendations of the
report on site hydrogeology prepared by
Hydrology Consultants Limited, in addition to
any requirements of the regional health unit.
iii ) the Owner shall agree in the subdivision
agreement:
1 ) not to apply for a building permit for any
lot until a site plan indicating existing and
proposed grades, site drainage, vegetation
and the locations of all buildings,
structures and tile fields, has received the
approval of the Central Lake Ontario
Conservation Authority,
2)to carry out or cause to be carried out the
development of each lot according to plans
approved by the Central Lake Ontario
Conservation Authority.
b) to satisfy the requirements of the Region of Durham
Health Unit.
Page 3, ATTACHMENT 1 TO STAFF REPORT PD-62-83
TOWN OF NEWCASTLE CONDITIONS FOR DRAFT APPROVAL OF
SUBDIVISION APPLICATION 18T-82034
15. c) to satisfy the requirements of the Ministry of
Natural Resources as specified below:
1 ) The owner will agree in the Subdivision
Agreement, in wording acceptable to the
Ministry of Natural Resources, that no damming,
dredging nor other alterations to Bowmanville
Creek will be carried out without the prior
written approval of the Ministry of Natural
Resources.
16. The Owner agrees not to sell any or all of the said
lands until :
1 ) the Owner has inserted in the agreement to purchase
entered into by the prospective purchaser, notice
that the lands are subject to the covenants and
obligations set forth in the subdivision agreement.
17. That the Owner agrees to satisfy the Town's rural fire
protection requirements pursuant to By-law 81 -30.
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