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HomeMy WebLinkAboutPD-137-83 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1JO TEL.(416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF OCTOBER 3, 1983 REPORT NO. : PD-137-83 SUBJECT: DRAFT PLAN OF SUBDIVISION - BOWMANVILLE CONSTRUCTION AND E. VIERHOUT PART LOT 27, CONCESSION 2, NEWCASTLE VILLAGE FILE NO: 18T-77133 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-137-83 be received; and 2. That the Ministry of Municipal Affairs and Housing be advised that the Town of Newcastle has no objection to draft approval of Plan 18T-77133, as revised in red and attached to Staff Report No. PD-137-83 as Attachment 1 , and subject to the conditions contained in Attachment 2 to Staff Report No. PD-137-83; and 3. That a copy of Staff Report PD-137-83 be forwarded to the Ministry of Municipal Affairs and Housing and the Region of Durham. .5; ...2/ REPORT NO. : PD-137-83 Page 2 BACKGROUND: In January 1978, the Town of Newcastle received an application submitted by Bowmanville Construction Limited and Mr. E. Vierhout for approval of a draft plan of subdivision on a 6.09 hectare (15.06 acre) parcel of land in * Part Lot 27, Concession 2, Newcastle Village (see attached key map) . The application was also submitted to the Ministry of Housing. This plan was circulated by both the Ministry and the Town. A revised plan of subdivision was submitted to the Ministry in March 1979, and was provided to the Town in February 1980. This revised plan was also circulated. Planning Department staff have not brought forward a recommendation on the proposed plan of subdivision pending Ministerial approval of the Newcastle Village Small Urban Area Plan. The Newcastle Village Plan received Ministerial approval on April 13, 1983. Therefore, staff are now in a position to submit a recommendation on the proposed plan of Subdivision. SUMMARY OF CIRCULATION COMMENTS Town of Newcastle Public Works Department We have reviewed the above application and comment as follows: 1 . That the owner enter into a subdivision agreement with the Town of Newcastle, subject to Public Works approval . 2. That all works required by the Town of Newcastle be in accordance with the Town 's design criteria and standard drawings. .. .3/ REPORT NO. : PD-137-83 Page 36/ 3. That the Owner provide proper storm sewer drainage, including sufficient capacity in the system for any extended drainage. 4. That any easements, as required by the Town , be granted free and clear of any encumbrances. 5. That radii be added to Lots 14 and 25 in Block "A" so that there are not such abrupt corners in these areas. 6. That a one foot (1 ' ) reserve be added along the westerly limits of Lots 18, 19, 20 and 21 , and along the westerly limits of Andrew Court. That a one foot (1 ' ) reserve also be along the east limit of Lot 41 . Town of Newcastle Building Department No Comment. Town of Newcastle Community Services Department Block "A" is classed as hazard land and Block "B" is beside the CPR line; recommend that we receive five percent (5/) cash-in-lieu. Region of Durham Planning Department Since the proposed residential development abuts a Canadian Pacific Railway right-of-way, we would like to draw your attention to Section 1 .2.12 of the Durham Region Official Plan which stipulates "when considering new residential areas abutting freeways and/or railways, the Council having jurisdiction shall require, in consultation with the Ministry of the Environment, an analysis of the Noise Environment". .. .4/ REPORT NO. : PD-137-83 Page 4 Region of Durham Works Department Sanitary sewers and watermains are available to the subject lands and extension of these facilities will be required to provide service on the proposed streets within the Plan. There is adequate sewage treatment plant capacity available for this development and water supply plant capacity will be available upon completion of the new plant. The preparation of a secondary plan for Newcastle Village may affect development of the subject lands with respect to the method of servicing and population densities. Therefore, the Regional Works Department is withholding favourable comment on this proposal until such time as related planning issues are resolved. Northumberland and Newcastle Board of Education A site for school purposes is not required within the boundaries of the proposed subdivision. Roman Catholic Separate School Board This school board is prepared to provide elementary school education for the children of any separate school supportors who may reside in the proposed subdivision. Newcastle Public Utilities Commission No objection. Ontario Hydro The proximity of the proposed subdivision to Ontario Hydro's right-of-way poses no forseeable problem for us provided .. .5/ REPORT NO. : PD-137-83 Page 5 '24) that this property is not abused by the developer during construction of the homes, and that no drainage or pollution problems are created on this right-of-way through actions of the developer and/or builder. These lands are surplus to our requirements and it would be desirable to have it included in the development of the area. Ganaraska Region Conservation Authority Please be advised that the revised plan as amended March 8, 1979 for the subject subdivision, meets with the approval of the Ganaraska Region Conservation Authority. The Authority would still recommend that the Owner agree in the subdivision agreement, to construct a stream crossing in a manner acceptable to the Conservation Authority. Ministry of Natural Resources No objection. Ministry of the Environment - April 13, 1978 The one major concern held by our Ministry is the adverse noise effects which will be present due to the proximity of the development to nearby railway tracks. We have performed a prediction of noise levels at the dwellings nearest to the CP tracks and have found that the noise levels due to passing trains are up to 17dBA in excess of our criteria, particularly at night. Subjectively, the noise levels are almost four (4) times louder than we would recommend. Clearly, a very serious noise problem exists on the site. Sleep and activity interference would be a very likely ...6/ REPORT NO. : PD-137-83 Page 6 deleterious effect on dwelling occupants if the development were completed without the inclusion of noise control measures. On the basis of the above, we are not in a position to recommend draft approval . Instead, we recommend that the developer contact the Ministry of the Environment Noise Pollution Control Section to discuss possible noise abatement features such as building orientation, acoustical insulation , construction materials, as well as feasibility of completing development on the site. Subsequent to this meeting, we will be in a better position to make a decision on this file and to recommend conditions of draft approval . August 9th, 1979 To date we have not made a recommendation on the approval on this file. However, we wish to advise that recently the developer has provided us with a noise abatement proposal for the development. The proposal has been reviewed by staff and generally we agree with the calculations and recommendations contained therein. The following is an outline of the measures proposed, and provided that the Town of Newcastle approves of these measures in terms of aesthetics, etc. , we would recommend the plan for draft approval . a) Construction of a berm/barrier combination eleven feet (11 ' ) above the elevation of the CPR track and approximately fifteen feet (15' ) above the final rearyard grade of units to be constructed on Lots 21 - 24. The developer has proposed a continuous seven foot (7' ) high tight board barrier fence erected on top of a four foot (4') berm so that no flanking paths to train noise are created. The developer has also proposed the construction of a continuous berm eight feet (8' ) above the elevation of the track and approximately eleven feet (11 ' ) above the final rearyard grade of units on Lot 27 - 40. Both barriers are to be ...7/ REPORT NO. : PD-137-83 page 7 located along the northern property line of the proposed subdivision abutting the tracks on the south side. b) That the subdivision agreement make provision for the inclusion of the following warning clause for Lots 21 -41 and Block "F" and that this portion of the subdividers agreement be registered against the lands to which it applies : "Purchasers are advised that despite the inclusion of noise control measures within the development area, noise levels may become of concern occasionally interfering with some activity of the occupants". The measures outlined above are acceptable to our Ministry in terms of noise control and provided that your Corporation has no objection to the proposal , we will inform the Ministry of Housing accordingly. March 5th, 1980 The density, height and locations of the berm/barrier as proposed by the developer are sufficient to satisfy us that a suitable living environment can be achieved and consequently assures us that it is possible to reduce noise levels on the site to values acceptable to our Ministry. These measures may be not entirely satisfactory to the Municipality however, in terms of acoustics and/or maintenance. For instance you will note that if the barrier wall is to be continuous around the rear of Lots 27-41 , you will have to provide a "wrap-around" effect on Lots 21 ,25,26 and 41 and will have to jog northerly from the easterly limit of Lot 32 to the north-westerly limits of Lot 33 before continuing eastward. The solid construction ("wrap-around" effect) is necessary in order to eliminate flanking paths to train noise. ...8/ REPORT NO. : PD-137-83 Page 8 We will advise the Ministry of Housing that should your municipality indicate concurrence with the measures proposed, we would not object to recommendations "a and b" of our August 9th letter being imposed on draft approval . Alternatively, if the measures are not entirely acceptable, we could view the report submitted as a feasibility study only and recommend the plan for draft approval subject to the following three (3) conditions: 1 . Prior to final approval the Owner shall engage the services of a consultant to complete a noise study recommending noise control measures satisfactory to the Ministry of the Environment and the Town of Newcastle. 2. Prior to final approval , the Ministry of the Environment shall be notified by a copy of the fully executed subdividers agreement between the developer and the Municipality, that the noise control measures, recommended by the acoustical report and any features recommended by this Ministry shall be implemented as approved, by requirements of subdividers agreement. 3. In the event that a slight noise level excess will remain despite the implementation of the noise control measures, the following warning clause shall be included in a registered portion of the subdividers agreement and shown in all Offers of Sale and Purchase. "Purchasers are advised that despite the inclusion of noise control features within the development area and within the individual building units, noise levels may continue to be of concern occasionally interfering with some activites of the dwelling occupants". Ministry of Transportation and Communications No objections. ...9/ REPORT NO. : PD-137-83 Page 9 Bell Canada No objection . COMMENTS: Staff have reviewed the proposed plan of subdivision and note two (2) design modifications necessary to bring the plan into conformity with the Newcastle Village Small Urban Area Plan and the Neighbourhood Plan. The Plan submitted by the applicant proposes the dedication of Blocks A and B, with a total area of one (1 ) hectare (2.5 acres) as parkland. However, both areas relate to the intermittent watercourse and are designated hazard land in the Urban Area Plan. The Community Services Department has also indicated that these areas would not be acceptable as parkland. Therefore, staff recommend that these two Blocks be dedicated to the municipality for conservation and environ- mental protection purposes and that the applicant pay to the Town five percent (57.) cash-in-lieu of the parkland dedication. Staff also note that the conceptual Neighbourhood Plan for this area indicates that George Street is to be extended to provide an additional access to the proposed subdivision. Therefore, staff recommend modifying the subdivision design * as indicated on the red-line revision included as Attachment No. 1 to this report. This revision does not change the number of lots in the subdivision as proposed by the applicant; however, the location and size of the lots has been modified. As well , staff have modified the draft plan ...10/ REPORT NO. : PD-137-83 Page 10 ll to include the George Street extension. Ontario Hydro indicated some concern with respect to the Possibility of surface water draining onto their right-of-way south of the property during construction. As well , staff note that, in order to avoid excessive erosion , the drainage of surface water into the intermittent watercourse should be minimized. 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 to the Town of Newcastle and the Ganaraska Region Conservation Authority a satisfactory Storm Water Management Plan for the site, which will : a) outline the means by which the storm water will be conducted from the site; and b) address the issues of lot grading, site drainage and vegetation removal ." Staff note that the Ganaraska Region Conservation Authority recommended in its comments that the applicant agree in the subdivision agreement to construct a stream crossing over the intermittent watercourse in a manner acceptable to the Conservation Authority. Staff concur with this provision and therefore recommend that it be included in the Town's Conditions of Draft Approval . With respect to the Public Works Department comments regarding the dedication of reserves, staff recommend that a 0.3m reserve be dedicated along the eastside of Lot 41 , and that its dedication be included as a condition of draft plan approval . The most significant issue of concern highlighted as a result of the circulation of the draft plan of subdivision, relates to the excess noise levels created by the proximity of the proposed subdivision to the CPR tracks. REPORT NO. : PD-137-83 Page 11 / The Ministry of the Environment has indicated that noise attenuation measures will need to be incorporated into the plan in order to bring the noise levels down to an acceptable level . The applicant submitted a Noise Attenuation proposal to the Ministry of the Environment in 1979. The proposal involves the construction of a berm/barrier combination between the rail line and the rearyards of the lot adjacent to the tracks. The Ministry indicated to the Town that, based on the proposal , they are satisfied that a suitable living environment on the site can be achieved. However, staff note that the proposed noise attenuation measures may require modification as a result of the red-line revision of the subdivision and, as a result, are not in a position to comment on the aesthetics of any noise attenuation measures. As well , any berm/barriers constructed may have to be located within the fill line along the intermittent watercourse. The Ganaraska Region Conservation Authority has indicated they would like to be consulted regarding the positioning of these berm/barriers. Therefore, staff recommend that the following be included in the Town 's conditions of draft approval ; "Prior to the final approval , the Owner shall engage the services of a consultant to complete a noise study recommending noise control measures satisfactory to the Ministry of the Environment and the Town of Newcastle. During the preparation of the Noise Study, the consultant shall consult with the Ganaraska Region Conservation Authority, regarding the location of any noise attenuation structures within the fill lines of the intermittent water course. ...12/ REPORT NO. : PD-137-83 Page 12 Prior to final approval , the Ministry of the Environment shall be notified by a copy of the fully executed Subdivider's Agreement between the developer and the municipality, that the noise control measures, recommended by the acoustical report and any features recommended by the Ministry of the Environment shall be implemented as approved, by requirement of Subdivider's Agreement. In the event that a slight noise level excess will remain despite the implementation of the noise control measures, the following warning clause shall be included in a registered portion of the Subdivider's Agreement and shown in all Offers of Sale and Purchase. "Purchasers are advised that despite the inclusion of noise control features within the development area and within the individual buildings units, noise levels may continue to be of concern occasionally interfering with some activities of the dwelling occupants"." Based on our review of 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 Ministry of Municipal Affairs and Housing that the Town of Newcastle has no objections to the approval of Draft Plan of Subdivision 18T-77133, subject to the revisions made in red * and attached hereto as Attachment 1 , and subject to the conditions outlined in Attachment 2 hereto, and that a copy of this report be forwarded to the Region of Durham for their information. Respec ul mitted, T.T. Edwards, M.C.I.P. Director of Planning JAS*TTE*j i p *Attach. Appl;}car�t: Bowmanville Construction Ltd. c/o E. Vierhout P.O. Box 71 �` NEWCASTLE, Ontario LOA 1 HO ATTACHMENT 2 TO REPORT PD-137-83 f j� alb TOWN'S CONDITIONS OF DRAFT PLAN APPROVAL 18T-77133 1 . That this approval shall apply to a draft plan of subdivision dated March 8, 1979, and revised in red, copy attached, and further revised to indicate forty-one (41 ) lots and two (2) blocks. 2. That all road allowances in this draft plan be dedicated as public highways. 3. That the streets in the plan be named to the satisfaction of the Town of Newcastle. 4. That all road widenings be dedicated free and clear of all encumbrances to the appropriate authority having jurisdiction over the abutting roads. 5. That prior to final approval , the applicant shall submit to the Town of Newcastle and the Ganaraska Region Conservation Authority a satisfactory storm water management plan for the site, which shall : a) outline the means by which the storm water will be conducted from the site; and b) address the issues of lot grading, site drainage and vegetation removal . 6. 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 Ministry of the Environment relative to the development of the subject lands; b) to satisfy all requirements of the Town of Newcastle, financial or otherwise, including but not limited to the management of storm water drainage, and the future reconstruction of abutting roads; C) to design and construct all works in accordance with the Town of Newcastle Design Criteria. d) to dedicate gratuitously for conservation and environmental protection purposes, Block A and B. e) to pay to the municipality cash-in-lieu of the five percent (5%) parkland dedication. .. .2/ Page 2: ATTACHMENT 2 TO REPORT PD-137-83 f) to dedicate to the Town of Newcastle a 0.3m reserve along the east side of Lot 41 ; g) to construct a stream crossing over the intermittent watercourse in a manner acceptable to the Conserva- tion Authority. 8. Prior to final approval the Owner shall engage the services of a consultant to complete a noise study recommending noise control measures satisfactory to the Ministry of the Environment and the Town of Newcastle. During the preparation of the noise study, the consultant shall consult with the Ganaraska Region Conservation Authority regarding the location of any noise attenuation structures within the fill lines of the intermittent water- course. 9. Prior to final approval , the Ministry of the Environment shall be notified by a copy of the fully executed subdividers agreement between the developer and the Municipality, that the noise control measures, recommended by the acoustical report and any features recommended by the Ministry shall be implemented as approved, by requirements of subdividers agreement. 10. 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