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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. ,y k y V. � ca) Report No: PD-62-83 . . ./2 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." j i IV Report No: PO-62-83 . . ./3 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 . i ac) Report No: PD-62-83 . . ./4 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. i I ala) i 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. i 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) . i Report No: PD-62-83 . . ./6 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. I I I i Report No: PO-62-83 .. ./7 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 i i Report No: PD-62-83 .. ./8 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. I i Report No: PD-62-83 .. ./9 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 i 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 i 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. I