HomeMy WebLinkAboutPD-148-83 4
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 OCTOBER 17, 1983
REPORT NO. : PD-148-83
SUBJECT: APPLICATION FOR SUBDIVISION APPROVAL
R. ZAKAROW
PART OF LOTS 11 & 12, CONCESSION 2
FILE NO: 18T-82037
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following:
1 . That Report PD-148-83 be received; and
* 2. That Report PD-73-83 (attached) be received;
and
3. That Attachment 1 to Report PO-73-83 be amended
by deleting Paragraph 8(c) thereto in its entirety and
replacing same with the following new Paragraph 8(c) :
"8(c) - to undertake at no cost to the Town the j
construction of a temporary pedestrian walkway from the
southerly limit of Street G, south to the northerly
limit of High Street; and further that the applicant j
acquire at no cost to the Town all necessary easements
to give effect to same." ; and
4. That consideration be given to adopting the
following resolution :
"That the Regional Municipality of Durham be advised
that the Town of Newcastle has no objection to draft
plan approval of subdivision application 18T-82037
subject to the conditions outlined by Attachment 1 to
Staff Report PD-73-83" ; and r �>
. ..
-4 0 t�t rf
REPORT NO. : PD-148-83 Page 2
5. That the development plan for Neighbourhood 2B
of the Bowmanville Major Urban Area attached to Staff Report
PD-73-83 be adopted as amended by staff; and
6. That the Region of Durham be advised of the
Town 's actions.
BACKGROUND AND COMMENT:
On June 20, 1983, the General Purpose and Administration
Committee considered Staff Report PD-73-83 in respect of the
referenced application for subdivision approval (copy of
* Report attached). As a result of the request submitted by
Marshall , Macklin and Monoghan, the applicant 's consultants,
this item was withdrawn from the agenda and referred back to
staff for further dialogue with the applicant to address the
concerns raised, including the low water pressure concerns
of the present residents of the Town of Newcastle.
On September 22nd, 1983, staff met with the applicant, Dr.
Zakarow, Councillor Hubbard and Mayor Rickard to discuss the
applicant 's concerns with Staff Report PD-73-83. In that
regard, two major concerns were identified. The proposed
alignment of Street E and staff's recommendation that the
applicant be required to undertake the construction of
Street G, southerly to the existing High Street. With
respect to the first concern, staff indicated that the
location of Street E as proposed by the applicant , did not
conform with the Official Plan of the Bowmanville Major
Urban Area and that its intersection with Liberty Street
would have to be shifted northerly in order to facilitate
the future easterly extension of this road. The location
proposed by staff, represented in our opinion , the optimum
. . .3/
REPORT NO. : PD-148-83 Page 3
location for this road, bearing in mind existing development
patterns on the east side of Liberty and transportation
considerations related to the relationship of this major
collector to other designated collectors and arterial roads
in Bowmanville. More notedly the road allowance between
Lots 2 and 3 to the north and Concession Street to the
south.
The applicant's concern with this recommendation of staff
relates to the fact that such a realignment would
necessitate the relocation of an existing garage and would
bring the location of this major collector road to within 20
metres (65.5 feet) of the applicant 's residence. Staff
explained the rational for the location of the street and
indicated that any revision to this location would require
an amendment to the Official Plan for the Bowmanville Urban
Area. Any application for Official Plan Amendment should be
submitted by the applicant to the Regional Municipality of
Durham and staff would recommend this course of action
should Dr. Zakarow wish to pursue this concern.
With respect to the second matter, the extension of High
Street, staff have made our recommendation based upon the
need to provide access for future public school students to
the Lord Elgin Public School site immediately to the south,
as well as the desirability of providing a secondary
vehicular access to this proposed subdivision. In this
regard, staff would have no objection to the deletion of
this requirement, subject to the applicant obtaining at
least an easement over the future right-of-way and
constructing a pedestrian pathway at his cost, in order to
establish this necessary pedestrian linkage. At such time
as the intervening lands are to be developed, this temporary
connection would be removed in favour of a more permanent
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REPORT NO. : PD-148-83 Page 4
solution. The need for at least a pedestrian connection,
has been discussed with the applicant who is generally in
agreement. Although the mechanism for achieving same has
not yet been discussed, staff feel that an easement for
pedestrian purposes would be the most effective means of
achieving this objective.
Bearing the forgoing in mind, staff are recommending that
Staff Report PD-73-83 now be considered with the following
modifications to Attachment 1 , Paragraph 8(c) :
"to undertake at no cost to the Town, the construction of a
temporary pedestrian walkway from the southerly limit of
Street G, south to the northerly limit of Nigh Street; and
further that the applicant acquire at no cost to the Town ,
all necessary easements to give effect to same".
If in considering Staff Report PD-73-83 and the applicant 's
objection to the recommended realignment of Street E,
Council is unable to support the staff recommendations ,
Staff would recommend that the application be tabled pending
an application to amend the Official Plan for the
Bowmanville Major Urban Area.
With respect to the second part of the Council 's direction
related to the low water pressure concerns of the present
residents, staff can only comment that this is a matter of
Regional jurisdiction and that it is our opinion that the
provision of services to the subject plan should not be
permitted to adversely impact the level of services to
existing residents.
. . .5/
REPORT NO. : PD-148-83 Page 5
If Council feels that there is an existing problem related
to low water pressure, then we respectfully suggest than an
appropriate resolution in respect of same be forwarded to
the Regional Municipality of Durham.
Respect 1 s fitted,
T.T. Edwards, M.C.I.P.
Director of Planning
TTE*j i p
*Attach.
CORPORATION OF THE TOWN OF NEWCASTLE
1.
PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,DIrsctor
HAMPTON,ONTARIO LOB 1,10 TEL.(418)2812231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF JUNE 20, 1983
REPORT NO. : PD-73-83
SUBJECT: APPLICATION FOR SUBDIVISION APPROVAL
R. ZAKAROW - PART OF LOTS 11 and 12,
CONCESSION 2 - OUR FILE: 18T-82037
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following:
1 . That Report PD-73-83 be received; and
2. That consideration be given to adopting the
following Resolution:
That the Regional Municipality of Durham be
advised that the Town of Newcastle has no
objection to draft plan approval of subdivision
* application 18T-82037, subject to the
conditions outlined by Attachment 1 to this
Report"; and
3. That a copy of Staff Report PO-73-83 be
forwarded to the Regional Municipality of
Durham for their information; and
* 4. That the attached development plan for
Neighbourhood 2B of the Bowmanville Major Urban
Area be adopted, as amended by staff; and
Report No: PD-73-83 .. ./2
5. That a copy of said plan be forwarded to the
Regional Municipality of Durham for their
information.
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BACKGROUND:
In November of 1982, an application for subdivision approval
was submitted by Dr. R. Zakarow in respect of a 21 .11
i
hectare parcel of land in Part of Lots 11 and 12, Concession
2, former Town of Bowmanville.
The proposed subdivision would result in the creation of a
total of 255 single family, semi-detached and apartment
residential units, with a population of approximately 765
persons. Also included within the draft plan, is a 1 .47
hectare commercial site, a 1 .7 hectare school site, 1 .59 '`
hectares of park and walkway, and 0.3 hectares of land for
future development. Full municipal services are proposed
for the development and would be required pursuant to the
provisions of the Official Plan for the Bowmanville Urban
Area.
y
The present, use of the lands in question are agricultural ,
and the site is designated residential in both the Durham
Regional Official Plan and the Official Plan for the
Bowmanville Major Urban Area. The lands are zoned
"D-Development" and "A-Agricultural " by Restricted Area
(Zoning) By-law 1587, as amended.
In accordance with Departmental procedures, the subdivision
proposal was circulated, and the following represents a
summary of the comments received.
:Report No: PD-73-83
Newcastle Public Works Department
"Upon reviewing the above-mentioned application for
subdivision, our comments are as follows :
a) the intersection of Street "E", future Jackman Road and
Liberty Street (Regional Road 14) , should be revised to the
location shown on the attached, which utilizes an existing
right-of-way and accommodates the future alignment and
extension of Jackman Road, east of Liberty Street. The
alignment location should be verified by the developer.
b) since Street "E" is designated as a major collector, the
right-of-way should be revised to 26 metres.
c) the intersection of Street "E" and Street "B" requires
site triangles of 9 metres by 6 metres, as shown on the
attached.
d) the developer should be requested to construct Street
"G" southerly to the north limit of High Street (125 metres
approximately) at his expense, otherwise Street "G" should
be terminated with a cul-de-sac as per standard NS 218.
e) Streets "A", "D" and "E" should be terminated, using
temporary turning circles as per standard NS 220, for a
possible future extension.
f) Streets "C" and "E" (intersections with Liberty Street)
should be designed in accordance with Region of Durham
standards."
Newcastle Fire Department
"The proposed subdivision is located within the former Town
of Bowmanville, an acceptable distance in response time for
fire emergency services out of Station #1 , Bowmanville.
Water supply for fire protection would be in accordance with
Durham Region Municipal Piped Water System for fire
protection. Minimum 2,250 L/M 170 Kpa residual pressure.
Fire hydrants to be located within 90 M of buildings to be
protected.
Turn-around facilities in access of 300 feet for dead end
access routes. Cul -de-sac required 12 M centre line
radius."
Newcastle Community Services Department
"I concur with the plan to have a school and park site side
by side. Only question, is there any fencing involved
around the park and school boundaries?"
Report No: PD-73-83 .../4
Central Lake Ontario Conservation Authority
"In order to permit the processing of the subject plan of
subdivision, we are prepared to endorse its draft approval ,
although we are concerned that the present proposal has
apparently not evolved with storm run-off controls in mind.
Based on the foregoing, the following conditions of draft
approval should be applied on our behalf.
1 . Prior to commencement of site preparation, the owner
shall submit to the Central Lake Ontario Conservation
Authority for its approval , details of implementing sediment
control for all phases of development activity.
2. Prior to final approval of the plan, the owner shall
submit engineering evidence as may be required to satisfy
the Central Lake Ontario Conservation Authority that the
rate of post-development run-off into the receiving water
corridor shall not exceed the rate of pre-development
run-off for storms of five-year frequency and greater.
3. The owner shall agree in the subdivision agreement to
carry out those matters referred to in Conditions 1 and 2
above to the satisfaction of the Central Lake Ontario
Conservation Authority.
A note should be added to the conditions of draft approval ,
which informs the owner that upon such approval being
granted, the Authority should be contacted to determine our
requirements for the fulfillment of Condition 2 above, and
which also indicates that changes to the draft approved plan
may be essential in order to implement satisfactory controls
on storm run-off."
Northumberland and Newcastle Board of Education
"I have been directed to advise you that no objection is
raised to the proposal , but that a site for school purposes
would be required within the boundaries of the proposal ."
Letters indicating that there were no objections were
received from Bell Canada, Consumers Gas, Ministry of
Natural Resources and the Newcastle Hydro Electric
Commission.
Report No: PD-73-83 ...�5
COMMENTS:
In March of 1979, Marshall , Macklin, Monaghan prepared a
pre-engineering report for the North-West Bowmanville
Development Area. This report attempted to demonstrate the
various sanitary sewer and water supply options available,
including major Regional capital work projects. The report
suggested that a form of interim servicing could occur on a
small portion of the subject area.
The Region's initial response to the report, and the interim
servicing option, was that the Region's capital budget has
provided for construction and extensive sanitary and water
trunk lines in Bowmanville, the completion of which would
open up approximately 162 hectares for residential
development east of Liberty Street between Highway 2 and the
C.P.R. tracks. In view of the above, the Region have ,
delayed a number of capital works projects which are
required to develop the area west of Liberty Street and
north of the C.P.R. tracks, therefore no major development
was recommended for this area until such time as required
works are re-introduced into the budget.
Although the subject area is one of the future residential
areas in Bowmanville which is presently capable of being
serviced, utilizing existing trunk facilities, the Region
had recommended in the past that no major subdivision
development be allowed until existing storm sewer
cross-connections on Liberty Street are disconnected. This
was done through the reconstruction of Liberty Street in
1981 .
Report No: PD-73-83 ...fig
With respect to water supply in the area, a new pressure
zone is needed, requiring a reservoir, a pumping station and
the necessary feedermains to serve that area north of the
C.P.R. tracks. At present, this area is serviced from
Pressure Zone 1 with existing pressure below minimum
standards. Until a capital works project occurs relieving
the present system of its burden, new development was not
recommended.
In July of 1982 the Rgion re-iterated its views, calling
development for the subject area premature. None of the
major improvements to the systems required to permit
development are slated for construction in the next four
years. The developer would have to construct works at his
own expense if he wishes to proceed prior to Regional plans.
In view of the above, it would seem that the proposed plan
of subdivision is premature, due to servicing constraints.
However, if the developer was prepared to construct the
needed services, at his own expense, the potential for
draft plan approval would be improved. As of the date of
writing, Regional staff have confirmed that their position
remains unchanged. They have indicated, however, that
recent discussions have been held with the applicant and his
consultant, and that they are awaiting the submission of
revised servicing proposals with respect to the provision of
water service to the lands. In that regard, in accordance
with the Region 's servicing plan, the construction of
feedermains on the west side of Bowmanville would be
required, as would be the construction of a pumping station
and other appurtenant works. A portion of these works is
scheduled for construction in the current year, concurrent
with the reconstruction of Scugog Street. However, the
major work required, being construction of the pumping
station and the necessary connecting feedermains, have not
been scheduled and are not presently contained in the
Regional capital forecast.
Z01
Report No: PD-13-83 .. ./1
The subject lands are located within Neighbourhoods 2A and
2B of the Bowmanville Major Urban Area. In that regard,
staff would note that Section 2.1 .1 , Subsection 3(a)
provides that neighbourhood development plans may be
prepared for residential neighbourhoods identified on
Schedule 1 to the Official Plan and Subsection (b) further
provides that in determining whether the preparation of a
neighbourhood development plan should be considered as
pre-requisite for development approvals, that Council
consider, among other things, the pattern of land ownership,
the density of development proposed, environmental
sensitivity of the lands, the land use and transportation
patterns in surrounding neighbourhoods and the availability
and adequacy of existing services.
In that regard, the applicant's consultants were requested
to submit an overall plan for this neighbourhood to indicate
the relationship of this plan to surrounding lands and the
approved land use and transportation patterns within this
and surrounding neighbourhoods. A copy of the proposed
neighbourhood land use structure plan will be displayed at
the Committee meeting. Staff note that the plan, as
submitted, does not respect the approved transportation
pattern contained within the Official Plan for the
Bowmanville Major Urban Area. In that regard, a revision to
the alignment and street pattern of the southernmost
east-west collector road is required in order to bring it
into conformity with the Official Plan. The required
revisions are also identified on a copy of the proposed land
use structure plan to be displayed at the meeting. These
revisions reflect the comments provided by the Town 's Public
Works Department, as well as the policy of the approved
Official Plan.
Report No: P. A-83 ,fig
Similarly, in reviewing the proposed plan of subdivision,
staff identified a number of design problems which require
modification related to the changes to the neighbourhood
development plan. Of primary concern is the intersection of
Street "E", future Jackman Road, and Liberty Street, which
* should be revised to the location shown on Attachment 2.
This change to the draft plan allows the proper alignment of
the future- Jackman Road with an existing right-of-way on the
east side of Liberty Street, thus allowing a four-way
intersection with Liberty and this future major collector
road. In addition, the right-of-way for this road should be
increased to 26 metres to allow for its future development
as a major collector. Staff would therefore have no
objection to the proposed plan, subject to the necessary
revisions to accomodate the re-alignment of this street.
We would also note, that in order to complete the road
pattern for this neighbourhood and provide a connection to
the existing residential area to the south and provide
access to school facilities, it is recommended that the
necessary lands be acquired by the developer and High Street
be constructed northerly to the subject subdivision, and
that this be a condition of final approval .
'Generally speaking, staff concur with the concerns of the
Region of Durham with respect to servicing and that approval
would be premature pending resolution of services. However,
staff would have no objection to the approval of this draft
* plan, subject to the conditions spelled out in Attachment 1
to this Report.
Respe u itted,
r
T. T. Edwards, M.C.I.P.
Director of Planning
TTE*mjc Applicant: Dr. P. Zakarow
April 29, 1983 172 King Street E.
OSHAWA, Ont.
L1 H 1 B7
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TOWN CONDITIONS OF DRAFT PLAN APPROVAL 18T-82037
1 . That this approval shall apply to a draft plan of subdivision
dated November 11th, 1982, which shall be further revised to show a
re-alignment of the intersection of Street "E" with Liberty`Street, .-
and the requisite adjustments to lot lines and other road^ patterns and
further revised to provide 0.3 metre reserves across the westerly
terminus of Streets "A", "D" and "E", and the northerly terminus of
Street "B", and to provide for temporary turning circles at the
terminus of each of these streets abutting the lands to the west and
north, as may be applicable.
2. That five copies of the revised plan-of subdivision be forwarded
to the Town within thirty (30) days of receiving draft plan approval .
3. That the road allowances included in this draft plan be dedicated
as public highways.
4. That the streets in this plan be named to the satisfaction of the
Town of Newcastle.
5. That all one-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 road.
6. That the necessary amendments to By-law 1587, as amended, of the
former Town of Bowmanville, now in the Town of Newcatle, be approved
and in effect.
7. That the owner agrees in writing to satisfy all requirements,
financial and otherwise, of the Regional Municipality of Durham with
respect to the provision of roads and municipal water and sewage
supply.
8. That the owner enter into a subdivision agreement with the Town of
Newcastle to include, in addition to the Town 's usual requirements,
the following provisions:
a) to design and construct all works in accordance with the Town of
Newcastle Design Criteria;
b) to satisfy the requirements of the Central Lake Ontario
Conservation Authority relative to development of the subject
lands;
c) to undertake, at no cost to the Town, the extension and
construction of Street "G" southerly to High Street and that this
extension be dedicated as a public highway;
d) that Block 189, being a 1 .56 ha park block, be accepted as the 5%
parkland dedication pursuant to the Planning Act and that the
over-dedication of 0.5 ha be applied as a credit in respect of the
dedication required for the development of the other adjacent
lands owned by the applicant.
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