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HomeMy WebLinkAboutPD-164-83 0. � �• l 4 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 NOVEMBER 7, 1983 REPORT NO. : PD-164-83 SUBJECT: PLAN OF SUBDIVISION - 18T-74067 CEAN INVESTMENTS LIMITED PART LOT 12_, 13A, 14, 14A, 16, 17, BLOCK 1 , C.C. BURK' S PLAN LOT 21 , PLAN 647, TOWN OF NEWCASTLE REVISED DRAFT PLAN OF SUBDIVISION RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following : 1 . That Report PD-164-83 be received; and 2. Upon Cean Investments submission of a "typical road cross-section" detailing all aboveground and underground utilities, illustrating their horizontal separations, thereby satisfying the Town of Newcastle Works Department that the proposed subdivision can be serviced through a 16.73 metre (54.89 feet) road allowance, the Ministry of Municipal Affairs and Housing be advised of the following : i I a) That the Town of Newcastle has no objection to the approval of the revised Plan 18T-74067, dated July 27, 1983 as prepared by Donevan and Fleischmann Co. Ltd. ; and . . .2 k REPORT NO. : PD-164-83 Page 2 b) That the Town of Newcastle request that the conditions of Draft Approval for 18T-74067 be amended as contained on Attachment 1 to this report; and c) That a copy of said report be forwarded to the Ministry of Municipal Affairs and Housing for their information, records and action thereon; and d) That a copy of said report be forwarded to the Region of Durham for their information. BACKGROUND: Draft approval with respect to the above-noted Plan of Subdivision under Section 33 of the Planning Act was issued August 5, 1980. Subsequent thereto, amendments (see * attached) to the draft approval where made on two separate occasions : i ) September 2, 1980 - replacement of Condition No. 9 with a more appropriate provision ii ) April 28, 1983 - in consideration of the Ontario Municipal Board's decision respecting Land Division Committee applications LD 261/81 , 2.62/81 , 2.63/81 and 84/83 - reference to lots 1 ,2 and 3 removed from the conditions of draft approval . A letter from the Ministry of Municipal Affairs and Housing was received by staff on August 24, 1983 asking the Town of Newcastle to review a request to revise the draft approved Plan of Subdivision as previously issued and provide a response to the Ministry staff. COMMENTS In accordance with departmental procedures the subject proposal was circulated to obtain comments from other departments within the Town. . . .3 i REPORT NO. : PD-164-83 Page 3 9 .i Town of Newcastle Fire Department The Fire Department has no objection to the revised draft Plan of Subdivision . Municipal water supply for fire protection would be in accordance with the Regional Municipality of Durham, piped water system. Town of Newcastle Community Services In response to your Memorandum of August 29th, 1983 regarding the subject in question. Recommend 5% in lieu of parkland for this application. Town of Newcastle Works Department As requested, we have reviewed the above-noted revised draft plan and submit the following comments : - That a typical road cross-section be prepared detailing all above ground and underground utilities and their horizontal separations, to determine whether the subdivision can be serviced through the 54.89 foot road allowance; - That a 4' sidewalk is required on one side of the proposed crescent ; - The matter of the connection of weeping tiles to the storm or sanitary sewers is currently being dealt with by the developer's consultant ; - That all works are completed in accordance with the Town of Newcastle' s Design Criteria and Standard Drawings ; - That any easements required by the Town be granted free and clear of any encumbrances ; - That a 8.23' necessary road widening be granted to the Town, along the east side of High Street, as shown on the draft plan ; - That the owner meet all the requirements of the Public Works Department, financial or otherwise; - That the owner enter into a Development Agreement with the Town, and that this department be kept informed of the status of same at all times; - The developer should be required to provide street lighting along the proposed crescent ; . . .4 i REPORT NO. : PD-164-83 Page 4 Town of Newcastle Works Department (Cont 'd) - All of the other standard requirements re: Lot Grading , Schedules of Work, Performance Guarantees , Cost Estimates , etc., should be included in the Subdivision Agreement; - That the status of Blocks 37, 38 and 39 be clarified. In consideration of the above comments and upon the clarification of the "Servicing" of the proposed development, staff has no objections to the approval of the revised Plan of Subdivision. It is noted for Committee's information that the amendments to the conditions of draft approval as contained in Attachment No. 1 to this report, are the result of the following: CONDITION NO. Ila) , b) and d) . . . .The Ministry of Environment required special treatment to windows, the installation of air conditioning units, and the inclusion of a "Warning Clause" to be registered on title respecting noise control measures for various lots . . . . the new lot numbers within Condition No. 11 reflect the revised Plan of Subdivision as submitted. .. . CONDITION NO. 12 . . . .to be deleted . . . .not applicable to the new design proposed. . .. CONDITION NO. 14 . . . .to be deleted. . . .the previous condition required fencing and/or screening within the sideyards of various lots which . . .5 I i REPORT NO. : PO-164-83 Page 5 face the Canadian Pacific right-of-way and fencing with and in Block 37 (walkway) abutting the existing lots and Lots 89. . . .the redesign as proposed does not create a situation whereby a sideyard would immediately face the Canadian Pacific right-of-way and the walkway has been deleted from the Plan and included within Lots 34, 35 and 36. Staff would note further that Condition No. 16 as revised in * September 2, 1980 (see attached) did not make reference to the requiring of the Town to clear the provisions of Condition No. 13. Accordingly, this request has been included within the conditions of draft approval to be amended, as shown on Attachment No. 1 to this report. Therefore in consideration of the above comments and revisions to the conditions of draft approval 18T-74067 as shown on Attachment No. 1 to Staff Report PD-164-83, staff has no objections to the approval of the proposal as submitted. Respectful ub T.T. Edwards, M.C.I .P. Director of Planning LD*TTE*j i p October 28, 1983 *Attach. Applicant : Mr. Michael Zygocki 378 King Street West OSHAWA, Ontario L1 J 2J9 ATTACHMENT 1 TO STAFF REPORT PD-164-83 Town of Newcastle Revisions to the Conditions of Draft Approval - 18T-740671 1 . Delete within Condition No. 11 a) the reference to: - "lots 4 to 6 inclusive, 20 to 25 inclusive, 34 and 35" and substitute the following : "lots 12 to 15 inclusive and lots 24 to 33 inclusive:" 2. Delete within Condition No. 11 b) the reference to: - "lots 4 to 8 inclusive, 19 to 25 inclusive, and 33 to 35 inclusive" and substitute the following - "lots 11 to 15 inclusive and lots 24 to 36 inclusive:" 3. Delete within Condition No. 11 d) the reference to: - "lots 4 to 8 inclusive, 19 to 25 inclusive and 33 to 35 inclusive" and substitute the following: "lots 11 to 15 inclusive, lot 22 and lots 24 to 36 inclusive: " 4. Delete Condition No. 12 5. Delete Condition No. 14 6. Delete references to Condition Numbers 12 and 14 within Condition No. 16 and include a reference to Condition No. 13. 7. All other conditions requiring the written approval of the Town of Newcastle as noted in Condition No. 16 prior to the Minister's final approval , shall remain applicable -to the revised Plan of Subdivision. 0/7 N3 I'T aG 45 . Fz�21 60� COO z p- 42 r4. 'AV/ 16 P" \�O np I �g / .9 � /y QI ri nD A MT A DDDf%AI=r% , I ' I d V i LL ,- �� ., \ W of gz- ttn R. - t---- .i -/N '� •� .off`, � I � F /�_ -� �� I \ I ( of Admin ation i 8th Floor 'T' Toronto,Ontario Housing Division M7A 2K4 Ontario � dr�� ._z_ September 2 , 1980 Cean Investments (Oshawa) Ltd. SEP 18 1980 525 St. Lawrence Avenue Oshawa, Ontario - PLAN N{NG D�PAR-(ti1ENT LlH 7V8 TOWN OF NEWCASTLE Subject: Amendment of Minister 's Conditions of Draft Approval. Town of Newcastle Part of Lots 12, 13A, 14 , 14A 16 and 17 in Block I, etc. Our File 18T-74067 Dear Sirs : The following changes were made today to the minister 's conditions of draft approval, dated August 5, 1980, pursuant to subsection 12 of section 33 of The Planning Act: 1 . Condition 9 is hereby deleted and replaced with the following: 119 . 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, to the satisfaction of the Regional Municipality of Durham and the Town of Newcastle. " 2. Condition 16 is hereby amended by adding a reference to condition 9, so that condition 16 reads as follows : "16 . That before the minister' s final approval is given we are to be advised in writing by the Town of Newcastle how conditions 2, 3,4,5,6, 8,9,10,11,12,14 and 15 have been satisfied. " The above changes were made at the request of the Town of Newcastle. They advised us that if the subdivision is to be developed by more than one registration, the town 's approval of the proposed phasing would be required. Should you have any questions, please contact David Lindsay at 965-6418 . Yours truly, R.C. Dolan i Ministry of i 41t.,.65-6.^'R 56 Wellesley Street West Municipal Affairs 8th Floor and Housing Toronto,Ontario 9 M7A 2K4 Ontario April 28, 1983 l� i J6 1 MAY 4 1983 Cean Investments (Oshawa) Ltd. ��� � �� NEWCASTLE King Street West Oshawa, Ontario PLANNING DEPARTMENT Subject: Revision to Draft Approval Plan of Subdivision Owner: Cean Investments (Oshawa) Ltd. File No. :. 18T-74067 Region Files : LD261/81, LD262/81, LD263/81, LD84/83 OMB Files: A-81822, A-81823, A-81824 Dear Sirs : We have now received- the decisions of the Land Division Committee and the Ontario Municipal Board respecting Block 38 and Lots 1, 2 and 3 on this draft plan. The Minister 's Conditions of Draft approval, dated August 5, 1980, as amended, are hereby further amended by: 1. deleting Lots 1, 2 and 3 and Block 38 from the draft approval plan; and, 2, deleting references to Lots 1, 2 and 3 in Conditions 1, 11 and 14. All other conditions remain as issued. The lapsing date remains as August 5 , 1983. s truly, J Newton enior Planner Plans Administration Branch Central and Southwest cc: Region of Durham Planning Dept. Region of Durham Land Division Committee Town of Newcastle Planning Department Ontario Municipal Board Mr. John Wigley - Gardiner, Roberts i i August 5, 1980 . i File No: 18T-74067 The Minister ' s conditions and amendments to final plan approval for registration of this subdivision file no: 18T-74067 are as follows: No. Conditions 1. That this approval applies to the draft plan, drawing number 21758=A, by Donevan & Fleischmann Company Limited , Ontario Land Surveyors, dated November 17 , 1975, as revised on January 26 , 1976 , -March 22, 1979 and August 29 , 1979 and further revised on October 29 , 1979 to show a total of eighteen lots for single family units, seventeen lots for semi-detached un.its , and one buffer block . 2. That the road allowances included in this draft plan shall be dedicated as public highways. 3. That the streets shall be named to the satisfaction of the Town of Newcastle and the Regional Municipality of Durham. 4. That the owner conveys up to 5% of* the land included in the plan to .the municipality for park purposes under section 33 (5) (a) .of The Planning Act. Alternatively, the municipality may accept cash in lieu of all or a portion of the conveyance and, under section 733 (8) : of The Planning Act , the municipality is authorized to do so. 5. That prior to the signing of the final plan ,by the Minister , we are to be advised that the proposed subdivision conforms with the restricted area by-law in effect for 'the municipality. 6 . That the owner agrees in writing to satisfy all the requirements , financial and otherwise, of the . .Town -of Newcastle concerning the provision of roads, installation of services and drainage. 7 . That the owner agrees in writing to satisfy all the requirements , financial and otherwise, of the Regional Municipality of Durham concerning the provision of roads, installation of services and drainage. 8 . That such easements as may be required for utility or drainage purposes shall be granted to the appropriate authority. August 5, 19801 : i i File No: 18T-74067 No. Conditions Continued 9 . That the development of the plan be phased to the satisfaction of the Regional Municipality of Durham. 10 . That the subdivision agreement between the owner and the municipality contain the following provisions, with wording acceptable to the Central Lake Ontario Conservation Authority wherein the owner, agrees: a) before commencing any grading, filling or construction on any lot, to have prepared a detailed report , drawings and site plans acceptable to the Central Lake Ontario Conservation Authority which will show: I l i) the means whereby erosion and siltation will be contained and minimized both during and after the construction period. b) to carry out or cause to be' carried out the works recommended in the report described in condition 10 (a) above. 11 . That the subdivision agreement between the owner and the municipality contain the following provisions, with wording acceptable to the Ministry of the Environment , wherein the owner agrees. a) that all exposed windows on Lots 1 to 6 inclusive, 20 to 25 inclusive, 34 and 35 shall be installed to the specifications . of the Ministry of the Environment and such specifications shall form part of. the agree- ment; further all other windows within the development shall be installed 'to the speci- fications of the Ministry of the Environment and such specifications shall form part of the agreement. b) that units on Lots 1 to 8 inclusive , 19 to 25 inclusive, and 33 to 35 inclusive shall be ! equipped with forced air heating with a pro- vision that air conditioning may be installed should the owners find it necessary to achieve an acceptable indoor living environment . i August 5 1980 File No:-18T-74067 i I No. Conditions Continued C) That a barrier/berm combination , constructed to the specification of the Ministry of the Environment, is to be erected at the south boundary of the subdivision extending from High Street to a point in line with Bernard Street. d) that the following warning clause be included. in a portion of the subdivider 's agreement which will be registered against the titles of Lots 1 to 8 inclusive, . 19 to 25 inclusive and 33 to 35 inclusive: "Despite the inclusion of noise control measures within the development area, noise levels may continue to be of concern, occasionally interfering with some activities of the dwelling occupants . A provision has been made to the heating system to facilitate the installation of air conditioning should the owner find it necessary i-n order to achieve an acceptable living environment. i 12 . _That the subdivision agreement between the owner and the municipality contain. a provision that Block 36 be dedicated to the Town of Newcastle as a buffer strip between the development and the Canadian Pacific Rail- way , to be graded and landscaped to the satisfaction of the Town of Newcastle and developed in accordance with the recommendations of the Ministry of the Environ- ment in respect to noise attenuation. I 13 . That the subdivision agreement between the owner and the municipality contain the following provisions wherein the owner agrees: a). to construct and maintain a 6-ft. high chain link fence along the boundary between the development property and the CP property, from High Street to the +; easterly limit of Block 36 . b) to ensure that there is no increase or changes of direction in the flow of natural surface drainage which would adversely affect the CP right-of-way. C August 5, 198- File No: 18T-74067 No. Conditions Continued c) that any proposed utilities under or over-crossing the CP right-of-way to service the residential development are to be designed in accordance with CP Railway specifications , must receive CP Railway approval and be covered by CP Railway ' s standard agreement . 14 . That. the subdivision agreement between the owner and the municipality contain the following provision, with wording acceptable to the Town of Newcastle, wherein the owner agrees .to provide fencing and/or screening within the side yeards of lots 3, 5, 35 , 24 and 23 which face / the Canadian Pacific right-of-way, and fencing only within Block 37 abutting the existing residential lots and lots 8 and 9. i 15 . That the subdivision agreement between the owner and the municipality be registered against the lands I to which it applies once the plan of subdivision has been registered. 16 . That before the Minister ' s final approval is given we are to be advised in writing by the Town of Newcastle how conditions 2,3 , 4 , 5, 6,8 , 10 , 1.1 , 12, 12, 14 and 15 have been satisfied . 17 . That before the Minister ' s final approval is ' given we are _to be advised in writing by the Regional Munic- ipality of Durham how conditions 3, 7 and 8 have been satisfied. 18 . That before the Minister ' s final approval is given we are to be advised in writing by the Central Lake Ontario Conservation Authority how .condition 10 has been satisfied. 19 . That before the Minister ' s final approval is given we are to be . advised in writing by the Ministry of the Environment how conditions 11 and 12 have been satisfied. i August 5, 1980 (. File No: 18T-74067 NOTES: 1. We suggest you make yourself aware of: (a) section 160a (1) of The Land Titles Act , which requires all new plans be registered in a land titles system; (b) section 160 (2) allows certain exceptions . 2. It is suggested that the municipality register the subdivision agreement as provided by section 33 (6) of The Planning Act against the land to which it applies , as notice to prospective purchasers. 3. Where agencies involved in subdivision agreement A copy of the subdivision agreement shall be sent to: Mr . C.W. Lundy Regional Clerk Regional Municipality of Durham 605 Rossland Road East Whitby, Ontario L1N 6A3 Mr . William Fry Resource Planner Central Lake Ontario Conservation Authority 1650 Dundas Street East Whitby, Ontario L1N 2K8 Mr . D.M. Pirie Chief, Planning & Approvals Technical Support Section. Ministry of the Environment Suite 700 150 Ferrand Drive Don Mills, Ontario M3C 3C3 Mr . W. R. Burroughs Superintendent Canadian Pacific Railway Smith . Falls, Ontario K7A 4T6 This will expedite clearance of the final plan. A copy is not required by the Ministry of Housing. F August 5 , 198(1� File No: 18T 774067 NOTES CONTINUED: 4. Lapsing of draft approval If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse under section 33 (12a) of The Planning Act. If the owner wishes to request an extension to draft approval, a written explanation together with a resolution from the local municipality must be received by the Ministry of Housing prior to the lapsing date. 5. Any modifications to existing railway culverts or additional culverts required to accommodate all storm drainage is to be the responsibility of the developer .