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HomeMy WebLinkAboutPD-151-82 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1,10 TEL.(416)263.2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF SEPTEMBER 27, 1982 REPORT NO. : PD-151 -82 SUBJECT: AMENDMENT TO COURTICE WEST NEIGHBOURHOOD DEVELOPMENT PLAN - PROPOSED PLAN OF SUBDIVISION - RIZNEK PROPERTY FILE: 18T-81015 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-151 -82 be received; and 2. That Council approve Amendment No. 2 to the Courtice West Neighbourhood Development Plan, * attached to this Report as Attachment 1 , and that the Region of Durham be so advised; and 3. That the Region of Durham be advised that the * Town of Newcastle recommends approval of Plan 18T-81015, as revised in red and attached to * this Report as Attachment 2, and subject to the conditions contained in Attachment 3 to this Report ; and 4. That a copy of Staff Report PD-151 -82 be * forwarded to the Region of Durham. \6 Report No: PD-151 -82 .../2 BACKGROUND: At its meeting of June 28th, 1980, Council passed a resolution to approve, in part, the Courtice West Neighbourhood Plan. The part of the Plan which was not approved was an 8.13 hectare (20 acre) parcel of land owned by Mr. J. Riznek. Mr. Riznek had, at the time, indicated that he was considering making application for an Official Plan Amendment and Council , therefore, felt that approval for these lands should be deferred. In April 1981 , Mr. Riznek submitted an application for approval of a plan of subdivision for the deferred land to the Region of Durham and the Town of Newcastle. The application proposed the creation of eighty-two (82) single family residential lots, with an anticipated population of approximately three hundred (300) persons, a 0.41 hectare (1 .0 acre) park block, a 0.8 hectare (2.0 acre) commercial block, and a 0.61 hectare (1 .5 acre) block for future development. The subject site is designated "Residential " in both the Durham Region Official Plan and the Courtice Urban Area Plan. In accordance with Department procedures, the application was circulated to various departments and agencies for comment. The following is a summary of the comments received: Town of Newcastle Public Works Department "As requested, we have reviewed the application for subdivision and submit the following comments: 1 . That the developer enter into a Subdivision Agreement with the Town and the Public Works Department be kept informed of the status of same at all times. i i - x Report No: PD-151 -82 . . ./3 2. That the developer grant to the Town, free and clear of any encumbrances, all easements which may be required. 3. That all works be constructed in accordance with the Town of Newcastle Design Criteria and Standard Drawings. 4. That the developer reconstruct, to the Town's Standards, Nash Road within the limits of the subdivision. 5. That the developer reconstruct, to the Town's Standards , Given Road, from Highway No. 2 to Nash Road. 6. That the developer dedicate to the Town, Block 86 as a road widening, to facilitate full road reconstruction. 7. That all storm systems be designed to accommodate the recommendations of the Courtice Storm Water Management Study." Town of Newcastle Fire Department "The proposed development site is located within approximately 1 .5 miles of the existing Trull 's Road North Fire Station No. 4. This is an acceptable travel distance and response time for residential districts. As population and development increases, Fire Department personnel and equipment must be upgraded to accommodate good coverage for the area to be protected. Municipal water supply for fire protection to be in accordance with Region of Durham policy, with a minimum of five hundred (500) G.P.M. fire-flow and twenty (20) P.S. I. residual pressure." Town of Newcastle Community Services Department "We have inspected the land in question regarding park development for community use, and concur with the site." Region of Durham Planning Department "The proposal appears to conform to the land use designations of both the Durham Regional Official Plan and the Darlington Plan. The Darlington Plan requires preparation of a Neighbourhood Plan prior to approval of plans of subdivision , and the subject property falls within the Courtice West Neighbourhood Plan, which has been adopted by Council . However, because your property has been deferred for consideration by the Newcastle Town Council , an amendment to the Neighbourhood Plan is required in order to implement the proposed subdivision." I Report No: PD-151 -82 .. ./4 Region of Durham Works Department "Full municipal services are available to the proposal by way of extensions from the existing services on Nash and Given Roads. The proper sizes for such extensions will be established at such time as the engineering submission is processed. Based on the foregoing, we have no objection to further processing of this draft plan, subject to the condition that adequate sewer and water capacity is available at the time of signing of a subdivision agreement. 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 : 1 . 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. 2. 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 . 3. That the 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. 4. 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. 5. That sanitary sewers and watermains be designed in accordance with those standards approved by the Regional Municipality of Durham. 6. 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. i I i Report No: PD-151 -82 .. ./5 7. 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. 8. 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. 9. That the subdivider provide for the extension of such trunk 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 trunk sanitary sewer and water supply facilities within the limits of the plan which are required 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 for registration. 10. 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 plant capacity is available to service the subject development." Durham Regional Health Unit "No objection as the subdivision will be provided with municipal sewerage and water supply systems." Northumberland and Newcastle Board of Education "No objection, but school bus transportation will be required." Peterborough-Victoria-Northumberland and Newcastle Separate School Boar "No objection" i I Report No: PD-151-82 .. ./6 Central Lake Ontario Conservation Authority "The subject lands are situated within the water shed of the Farewell Creek. The reach of the stream in proximity to the proposed development is designated highly sensitive in the Authority's Sensitive Areas Report , based on forest and cold water fishery concerns. The site is also included in the area reviewed by the Courtice Storm Water Management Study, completed in October 1980. Erosion and sedimentation control during the earth-moving phase and controls on post-development storm run-off are required. Based on the above, we have no objections to 18T-81015 receiving draft approval , subject to conditions : 1 . No grading, filling or construction is to occur on the site without the written approval of the Central Lake Ontario Conservation Authority. 2. Prior to final approval , the applicant shall submit a Storm Water Management Plan for the site to the Central Lake Ontario Conservation Authority which addresses changes in the rate and quality of post-development storm run-off and base flow to Farewell Creek to the satisfaction of that agency. 3. That the Subdivision Agreement contain provisions wherein the owner agrees: a) to obtain the written permission of the Central Lake Ontario Conservation Authority prior to commencing any grading, filling or construction on the site; and b) to carry out the Storm Water Management Plan for the site as approved by the Central Lake Ontario Conservation Authority. A copy of the signed subdivision agreement which contains these provisions should be forwarded to the Authority to expedite our final clearance of the plans of subdivision." Ministry of Natural Resources "No objection" Ministry of Transportation and Communications "We request the dedication of approximately 5.4 metres for road widening purposes and a 0.3 metre reserve where the proposed plan abuts Highway No. 2." Report No: PD-151 -82 . . ./7 Ministry of the Environment "The only concern which has been identified relates to a slight noise level excess on Lots 40-47 inclusive due to vehicular traffic movement on Highway 2. It is therefore recommended that draft approval be conditional upon the following clause being included in a portion of the subdivider's agreement to be registered against titles of Lots 40-47 inclusive: "Due to the proximity of this development to Highway 2, and in view of increasing traffic volume, noise levels on this property may become of concern occasionally interfering with some activities of the dwelling occupants."" Ministry of Food and Agriculture "No objection" i Bell Canada "No objection" Consumers Gas "No objection" Ontario Hydro "We have no objection to the proposal . However, we request that your approval of the plan be withheld until a sixty-six foot (66' ) easement, located across the extreme north end of the subdivision parallel to Nash Road, be released in favour of Ontario Hydro." As indicated by the Region of Durham Planning Department , the designations for the area subject to this subdivision proposal were not approved at the time the Courtice West Neighbourhood Development Plan was adopted by Council . Report No: PD-151 -82 . . ./8 Therefore, an amendment to the Neighbourhood Plan is required prior to any development being permitted on these lands. The subdivision plan submitted by the Owner of the deferred lands generally conforms to the Neighbourhood Plan Designation shown in the Neighbourhood Development Plan. As such, Council authorized staff to publish a public notice advising the public of a proposal to amend the Courtice West Neighbourhood Development Plan to approve the designations indicated in the Neighbourhood Plan for the subject site. No objections to the proposed amendment were received. COMMENTS: In reviewing the proposed plan of subdivision, Planning Department staff identified two design aspects that require modification in order to bring the plan into conformity with the requirements of the Courtice West Neighbourhood Development Plan. The proposed plan designates a 0.81 hectare (2 acre) block, being Block 85, for neighbourhood commercial uses. Convenience commercial uses are permitted in "Residential " areas; however, the Courtice Urban Area Plan limits the floor space for these types of uses to approximately 464.5 square metres (5,000 square feet). Therefore, the commercial block, as proposed, seems too large given this floor space limitation. As well , Block 84 on -the proposed plan is 0.41 hectares (1 .0 acres) in size and is intended for dedication as parkland. With an anticipated population of approximately three hundred (300) persons for the subdivision, this amount of parkland would fall somewhat short of the five acre/one thousand population guideline for local parks set out in the Durham Official Plan and 0.3 hectare (0.7 acres) less than the area required by the Neigbourhood Plan. Report No: PD-151 -82 . ../9 Staff therefore recommend modifying the subdivision design as indicated on the red-line revision included as Attachment 2, to reduce the area of the Neighbourhood Commercial site (Block 85) to 0.30 hectares (0.75 acres) and to increase the area of the parkland site (Block 84) to 0.56 hectares (1 .38 acres) , with compensating changes being made to the number and size of lots on the adjacent lands. Point 7 made by the Town of Newcastle Public Works Department would require all storm systems to be designed to accomodate the recommendations of the Courtice Storm Water Management Study. Inasmuch as Council has not yet adopted a position with respect to this study, staff feel it would be sufficient and appropriate for the storm water management schemes to recognize the findings and recommendations of the Courtice Storm Water Management Study, and municipal policies arising from it. In addition, the conditions for draft approval suggested by the Central Lake Ontario Conservation Authority include a recommendation that the applicant submit to the Authority a storm water management plan for the site. It is therefore recommended that the following clause be included in the Town 's conditions of draft plan approval : "Prior to final approval , the applicant shall submit a storm water management plan for the site to the Central Lake Ontario Conservation Authority, which shall : a) address changes in the rate and quality of post-development storm run-off and base flow to Farewell Creek to the satisfaction of that agency; and I Report No: PD-151 -82 . . ./10 b) recognize the findings and recommendations of the Courtice Storm Water Management Study, and Town of Newcastle policies arising from said Study." In recent telephone discussions held with Ontario Hydro regarding the 66 foot easement across the north end of the subdivision, Town staff learned that the easement , which Ontario Hydro currently possesses, is no longer required by the company. Therefore, Ontario Hydro is recommending that Town approval of the subject subdivision be withheld until the easement is acquired by the subdivision developer. As indicated in Point 8a of the proposed Town Conditions of Draft Plan Approval however, staff feel that the issue can be dealt with adequately in the Subdivision Agreement negotiated between the Town and the developer. Based on the comments received, staff have no objection to the approval of the proposed plan of subdivision, as revised, and subject to the specified conditions. It is therefore recommended that Council advise the Region of Durham of its approval of Amendment No. 2 to the Courtice West Neighbourhood Development Plan, and that the Town of Newcastle has no objections to the approval of draft plan of subdivision 18T-81015, subject to the revisions made in red and attached hereto as Attachment 2, and subject to the conditions outlined in Attachment 3 hereto, and that a copy of this Report be forwarded to the Region of Durham for their information. Respec 1 s mitted, I T. T. Edwards, M.C. I.P. Director of Planning JAS*TTE*mjc September 8, 1982 i i I 1 ATTACHMENT 1 to REPORT PD-151 -82 AMENDMENT NO. 2 TO THE COURTICE WEST NEIGHBOURHOOD DEVELOMENT PLAN PURPOSE OF THE AMENDMENT: The purpose of the subject amendment is to approve the Neighbourhood Plan designations of the lands designated on Schedule 'T' hereto, being an area for which Neighbourhood Plan approvals were deferred by w Council pending further submissions by the applicant. BASIS OF AMENDMENT: Approval of the designations on the lands subject to this amendment were deferred by Council in July of 1980 in order to allow the consideration of a land use proposal which was not in conformity with the draft Neighbourhood Plan Land Use Designations. The owner of the deferred lands has now submitted a development proposal which generally conforms to the Neighbourhood Plan Designations which are outlined and on the Approved Schedule "1" to the Courtice West Neighbourhood Plan and which were not approved when the balance of the Plan was approved by Council . The Neighbourhood Plan Designations within the area affected by this amendment are based on the designations and policy guidelines set out in the Courtice Urban Area Plan (Amendment # 12 to the Official Plan of the Former Township of Darlington) . The designations within the area subject to this amendment were reviewed by the public and various affected agencies prior to June 28th, 1980. ACTUAL AMENDMENT: Schedule "1" to the Neighbourhood Development Plan for the Courtice West Neighbourhood as approved by Council on June 28th, 1980 is hereby amended by the approval of the land use designations within the area outlined on Schedule 'T' to this amendment and by deleting from said Schedule "1 " the explanatory note and all references thereto contained thereon. i SCHEDULE 'Xt TO AMENDM ENT 2 TO THE COURTICE (NEST .NEIGHBOURHOOD DEVELOPMENT PLAN s r • r N N t • • . c W I r .SA 0 r Q • � �;rc r } 'r TC r W C! 0 t` °e i LL0��� b • r I 'T • r i1 I "mm � I r ' •�IIrI11r1 ROAD 1/IIIIIrIr/1rr/Ir111/IrI1rrl1rrl1rl z w r 'k H r ^s; O • eti Z M r 'P. n I.I1" • rai r •ri• T J s m Q r r h . r "r ti A' • Q r rC" r :r a .f r .I ,y. - 0•T tl. z r O x r �^ ----------- m: Li � r w - a •.-ell-�1"'�.�;6'Cr°r1;•i� 1. �rr4 n EXPLANATORY NOTE 0 ioo 200 400ft, NEIGHBOURHOOD PLAN LAND USE 200 5o DESIGNATIONS APPROVED BY AMENDMENT 2, U �.. 1 Er "., 1-44 k . '41----, t1 1 i ••. ' C El low I , M rrrrlr r rr 1 r /^ #f#_.ffvRjjjj sus nuun.n. n.nun (� U rrrr*rl!_ rRAF lrr r w: rr,r 1 Y ' � � ��Nrrrt/[//� �.��■ 1 ' 1 is �? ,l��' ,i t r M ATTACHMENT 2 TO REPORT PD-1 51 -82 PORTION OF RED-LINE REVISION OF PLAN OF SUBDIVISION 18T-81015 ATTACHMENT 3 TO REPORT PD-151 -82 TOWN CONDITIONS OF DRAFT PLAN APPROVAL 18T-81015 1 . That this approval shall apply to a draft plan of subdivision dated January 5th, 1981 , and revised in red, copy attached, showing 86 lots and 6 blocks. 2. That the developer agrees to enter into an agreement for the upgrading of the road allowances known as Nash Road and Given Road within the limits of the subdivision. 3. That a 0.3 metre (1 foot) reserve, Block 87, along Highway No. 2, be extended east to the western edge of Given Road. 4. That all road allowances in this draft plan be dedicated as public highways. 5. That the streets in the plan be named to the satisfaction of the Town of Newcastle. 6. That all 0.3 metre (1 foot) reserves and road widenings shown on the revised plan be dedicated free and clear of all encumbrances to the appropriate authority having jurisdiction over the abutting roads. 7. That prior to final approval the applicant shall submit to the Central Lake Ontario Conservation Authority a Storm Water Management Plan for the site, which shall : a) address changes in the rate and quality of post-development storm run-off and base flow to Farewell Creek to the satisfaction of that agency; and b) recognize the findings and recommendations of the Courtice Storm Water Management Study and Town of Newcastle policies arising from said Study. 8. That the owner shall enter into a subdivision agreement with the Town of Newcastle to include, in addition to the Town 's usual requirements, the following provisions. The owner agrees : a) to satisfy the requirements of the Central Lake Ontario Conservation Authority, the Ministry of Transportation and Communications, the Ministry of the Environment and Ontario Hydro relative to the development of the subject lands; b) to satisfy all requirements of the Town of Newcastle, financial or otherwise, including but not being limited to the management of storm water drainage, and the reconstruction of abutting roads. I i Page 2 of ATTACHMENT 3 TO REPORT PD-151 -82 TOWN CONDITIONS OF DRAFT PLAN APPROVAL 18T-81015, Cont'd c) to design and construct all works in accordance with the Town of Newcastle Design Criteria. 9. That the necessary amendment to By-law 2.111 , 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 or otherwise, of the Region of Durham. i