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HomeMy WebLinkAboutP-111-79 iF CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D. N. Smith,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1JO TEL. (416)263-2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF July 5, 1979. REPORT NO. : P-111-79 SUBJECT: Application for Subdivision Number 18T-75362. Part of Lots 18 and 19, Concession 10, former Township of Darl- ington (Burketon Station) - Burketon Hills Developments. BACKGROUND: The subject site is located west of Scugog Street in Burketon Station, and extends north to the Darlington-Cartwright Townline and South to the Tenth Concession Road. The site, which comprises approximately 158 acres, is divided into three separate parcels by a right-of-way of the Canadian Pacific Railway. i The initial application in respect of these lands proposed the development of the lands in Lot 19 south of the Canadian Pacific Railway right-of-way for 30 residential lots, of approximately 3/4 acres in area, an 8.3 acre park site, and a 3 acre neighbourhood commercial site. Staff report Number 202, which was considered by the former Planning Advisory Committee at its June 14, 1976 Meeting recommended approval of the proposed plan, subject to several conditions, including a requirement that the proposed commercial site be deleted. The following recommendation 4� t _%4 I 2 - of the Planning Advisory Committee was approved by Council on July 5, 1976 by Resolution C-76-751: "that draft approval be given under the following conditions: 1) That the lots abutting the shunting track be increased in depth, with the houses sited as close to the front lot line as the Zoning By-law permits. 2) that the fact that a potential noise problem exists be noted on the deeds to lots 25 to 30. 3) that the developer be required to erect a 6 foot high chain link fence along the rear of lots 25 to 30 and that a covenant be registered on the deeds to each of these lots requiring the owner to maintain said fence. 4) that a road widening be dedicated to the Town to bring the width of the Old Scugog Road allowance abutting the proposed subdivision to 66 feet and that the subject portion of the road be improved to the satisfaction of the Town of Newcastle Works Department at the Owner's expense. 5) that a 10 foot wide parcel of land between proposed lots 7 and 8 be dedicated to the Town of Newcastle for the purpose of a walkway to connect "Street A" with the park. 6) that a one foot reserve be dedicated to the Town along the easterly boundary of the road allowance connecting Street A and Street B. 7) that Block D not be approved for neighbourhood commercial use, since there is already a neighbourhood commercial site on the main street adjacent to the railway station and the existing general store. 8) that the minimum lot area be increased to 37,500 sq. ft. sub- ject to the approval of the Department of Health. 9) That this development proceed on the basis of private wells and septic tanks with field tile beds." The Minister of Housing was subsequently informed of Council's recommendation. However, the Region of Durham Official Plan, approved by Regional Council on July 14, 1976, requires the formulation and approval of a Hamlet Development Plan before any major new development is permitted in a Hamlet. 3 - V For this reason, the Region was unwilling to comment to the Minister on the applicant's proposal until the Hamlet Plan for Burketon Station had been approved by the Town. The Burketon Station Development Plan was approved by Town Council on February 23, 1979. Because the Burketon Plan extended the Developable Limits of Burketon Station, but required much lower densities than originally proposed by the applicant, a revised plan was submitted by the applicant on January 30, 1978. The revised plan includes the applicant's land i north of the Canadian Pacific Railway right-of-way, as well as the land in lot 18, thereby increasing the subdivision area to 158 acres and the proposed number of lots to 52. The site is, primarily, designated "Area Proposed for Expansion" in the Burketon Station Hamlet Plan. The Plan would permit the develop- ment of the 13 lots proposed north of the Canadian Pacific Railway tracks, and 39 lots proposed south of the tracks. However, part of the area of proposed lots 20, 24, 26, 30, 34, 35, 36, 38, 39 and almost all of 19,:,25, 31, 32 and 37 are in the "Area subject to Development Restrictions" . The Hamlet Plan requires that "no road, building, structure, septic tank or the bed shall be located in the "Area Subject to Development Restrictions". It may be necessary to require the installation of aerobic sewage treatment plants on lots 19, 25, 31, 32 and 37 as a condition of draft plan approval. Since the proposed plan complies with the policies of the Hamlet Development Plan, it thereby complies with the provisions of the Durham Official Plan and thereby with the Darlington Official Plan. - 4 The site is zoned "Deferred Development" in the Darlington Zoning By-law. Single family detached dwellings on lots of 37,500 square feet are permitted on lands so designated; however, an estate residential zoning would be most appropriate for the site. The revised plan of subdivision was circulated to the following agencies for comments: 1. Ministry of the Environment 2. Northumberland and Newcastle Board of Education 3. Peterborough-Victoria-Northumberland & Newcastle Board of Education 4. Durham Planning Department 5. Durham Works Department 6. Durham Health Unit 7. Ministry of Natural Resources 8. Central Lake Ontario Conservation Authority 9. Ontario Hydro 10. Newcastle Works Department 11. Newcastle Fire Department 12. Canadian Pacific Railway 13. Newcastle Community Services The Newcastle Community Services Department did not reply and was assumed to have no comments. Relevant comments relating to the proposed plan have been summarized below: 1. The Ministry of the Environment - there appears to be adequate ground water supply to permit the servicing of the site by in- dividual wells. 5 2. The Durham Works Department expressed concern about a future entrance to Road 57 once Block "A" is developed. They requested a 0.3 m reserve along the frontage of Block "A" abutting Road 57 as a means of controlling future access. They requested the following conditions of approval: "a) 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. b) That the subdivider obtain the approval of the Durham Health Unit for the installation of septic tanks and drilled wells, and such approval be obtained prior to the release of the final plan of registration. c) That 0.3 m (1'0") reserve be dedicated, free and clear of all encumbrances, to the Region of Durham. d) That the owner agrees in writing to satisfy all the requirements, financial and otherwise, of the Region of Durham concerning the provision of roads and other Regional services." 3. The Ministry of Natural Resources expressed concern relative to the possible conflict between the gravel pit operators and the future residents of this subdivision, but had no objection to the proposed development. It was noted that the areas of steep slope would have to be carefully handled during the construction phase of this development. 4. The Durham Health Unit commented as follows: "The revised plan, dated January 11, 1979, regarding this proposal is tentatively approved by the Durham Regional Health Unit. It should be perhaps mentioned that Ontario Hydro has in- formed this office that no building can be erected within 75 feet of any of the hydro towers. It is of importance to note also that while weeping beds may be installed on the Hydro basement, they will accept no responsibility, should beds be damaged by maintenance vehicles. Proof of the availability of an adequate water supply for all premises should be provided." - 6 5. The Newcastle Works Department requested the following conditions of approval: "l. That the Developer enter into a Subdivision Agreement with the Town of Newcastle and that the Public Works Department be kept informed as to the status of same throughout. 2. That the Developer grant any required easements to the Town, free and clear of any encumbrances. 3. That all services be constructed to the Town of Newcastle's Design Criteria and Standard Draw- ings. 4. That the road allowance between the former Town- ships of Darlington and Cartwright be improved to provide access to the proposed development and that such improvements be in accordance with Town Standards. 5. That Street 'D' be designed to create a crescent road, rather than a cul-de-sac. 6. That the intersection of Street 'A' and Concession 10 not be approved due to the poor sight distances. 7. That a redesign of Street 'A' be undertaken in order to eliminate as many of the cul-de-sacs as possible." i 6. The Newcastle Fire Department submitted the following comments: 111) The Village of Burketon is approximately 14 miles from an existing fire station with a running time of approximately 20 minutes for fire emergency, indicating a poor level of fire service. 2) Access to the south development area is via Concession Road 10 and old Scugog Road which is acceptable. 3) Access to the north development area is via Darlington- Cartwright Townline Road which is an unimproved road and not passable for fire department emergency equip- ment. 4) Water supply for fire protection is minimal within the areas thus requiring water storage tanks or reservoir for adequate fire protection. 5) Building materials and construction design in accord- ance with fire safety requirements." - 7 COMMENTS: Staff investigation of the proposal identified the following areas of concern, which must be resolved before final approval is given to the subdivision: 1. Development Constraints - A 250 foot wide Hydro Easement with two lines of Hydro Transmission towers traverses the site. Ontario Hydro has requested that no buildings or structures be permitted within 75 feet of the centre of each line. - the southern portion of the site is also affected by steep slopes, which have been identified as "Area Subject to Development Restrictions" in the Burketon Hamlet Plan. The plan prohibits the location of any road, building, septic tank or tile bed within this area. This restriction would limit the developable area of lots 25, 31, 32 and 37, possibly requiring the installation of an aerobic sewage i treatment system on each of these lots. Because of its steep slopes and its proximity to the Hydro Easement, a redesign of lot 19 to incorporate the northern portion of lot 20 will be required. - A 27 foot right-of-way connecting Scugog Road to Regional Road 57 crosses the site, and would limit the developable area of some lots. It is understood that the owners are attempting to negotiate the removal of this right-of-way from the title to the property. f - An unopened portion of the road allowance between lots 18 and 19 would interfere with the proposed lotting. The Town has agreed to close this portion of the road allowance and convey it to abutting land owners. The acquisition of this road allowance would be required as a condition of draft plan approval. 2. Road Pattern - The plan proposes internal access to the northern portion of the site by way of a single cul-de-sac identified on the Plan as "Street D", with a length of approximately 1950 feet, and with no provision for emergency access. The Central Mortgage and Housing Corporation suggests that, even in low density residential developments, cul-de-sacs should not exceed 750 feet in length. Moreover, because the site is heavily treed, there is more danger of access to the subdivis- ion being blocked by fallen trees or other obstacles. The red-line revision proposed by staff deletes the cul-de-sac bulb and provides a second intersection of Street "D" with the Darlington-Cartwright boundary road. The Plan proposes the use of the Darlington-Cartwright boundary road for access to the northern part of the subdivision. This road should be improved at the applicant's expense, and to a standard acceptable to the Town, from Scugog Road to the east limits of Street "D". - 9 - - Scugog Road abutting this land is a forced road with a road allowance width of less than 66 feet. The applicant would be required to convey sufficient land to the Town to provide a 66 foot road allowance width at that location, and to pay half the costs of improving Scugog Road from Street "A" to the 10th Concession. - The proposed intersection of Street "A" with the 10th line is potentially dangerous because of poor sight lines. This intersection should be moved approximately 150 feet west to to the crest of the hill. 3. Existing Vegetation - It is noted that the site is heavily forested, and contains many clusters of trees which are worthy of preservation. According .to the policies of the Burketon Station Development Plan, a Tree Preservation Plan has been prepared indicating the methodology for retaining as many trees as possible on the site. This plan would have to be approved and implemented as a condition of draft plan approval of the proposed plan. - In addition, the Hamlet Plan requires that a site plan and house location plan for each lot be submitted for approval before any building permits would be available to the lot. 4. Water Supply - Because of the sandy nature of the soil in the vicinity of Burketon Station, the Development Plan requires that any pro- posed development be serviced by individual drilled wells. This requirement would have to be included in the conditions of draft approval of the plan. - 10 - 5. Fire Protection - Because of the wooded character of the area, and the dis- tance separating Burketon Station from the nearest Fire Station, the installation of a reservoir for fire fighting purposes will be required as a condition of further residential development in the Hamlet. While the exact location of the reservoir has not yet been determined, the municipality should reserve the right to request the applicant to pay a portion of i the installation cost and/or provide the necessary site. 6. Access to Site Designated "Community Facility" - The Hamlet Plan designates a site adjacent to the Canadian Pacific Railway tracks as a future community facility. Since the site is presently landlocked, an access from Street "A" to the site, suitable for vehicular traffic, will be required. The proposed red-line revision of the Plan includes the pro- posed park access in a block, which will be acquired by the i Municipality. 7. Proximity to Canadian Pacific Railway - Because of the proximity of the proposed subdivision to the Canadian Pacific Railway right-of=way, fencing would be required along the limits of lots abutting the right-of-way. In addition, prospective purchasers should be warned of potential noise problems from the railway line. 8. Proximity to Gravel Pit - Highland Creek Sand and Gravel Company operates a licenced gravel pit in lots 15, 16, 17 and 18, in the 10th Concession. While only the lands east of Regional Road 57 are presently worked, the area licenced for gravel extraction extends to the eastern limit of the proposed subdivision. We have been assured by Highland Creek that they would not likely develop this land as a gravel pit. However, it is recommended that the prospective purchasers of these lots be made aware of the potential use of the abutting lands and that a fence be con- structed along the eastern boundary of the lands to be subdivided. RECOMMENDATION: It is respectfully recommended that application for plan of sub- division number 18T-75362 be recommended to the Minister of Housing for approval, subject to the following revisions and conditions: Revisions: 1. That Street "D" be redesigned to provide a second access to the site from the Darlington-Cartwright boundary road. 2. That Street "A" be redesigned to intersect with the 10th Concession Road approximately 150 feet to the west of its presently proposed location. 3. That the southerly limit of Lot 19 be extended to include the northern 100 feet of Lot 20. 4. That sufficient land to increase the road allowance width of Scugog Road to 66 feet, from Street "A" to the 10th Con- cession Road, be incorporated into a Block for road widening purposes. 5. That sufficient land to provide vehicular and pedestrain access to the lands proposed for "Community Facility" use be incorporated into a Block for municipal purposes. 12 - Conditions: 1. That this approval applies to the draft plan, dated January, 1979, by Marshall, Macklin, Monaghan Ltd. , to be revised according to the recommendations of Report P-111-79 of the Corporation of the Town of Newcastle. 2. That the road allowances in this draft plan shall be dedicated as public highways. 3. That the streets on the plan shall be named to the satisfaction of the Regional Municipality of Durham and the Town of New- castle. 4. That a 0.3 metre reserve along that portion of the southern limits of the Road Allowance between the former Townships of Darlington and Cartwright abutting Block "A" shall be conveyed to the Town of Newcastle. 5. That the Block of land designated for municipal purposes on the revised plan be conveyed to the Town of Newcastle. 6. That the Block of land designated for road widening purposes on the revised plan, along the east limits of Scugog Road, shall be dedicated to the Town of Newcastle. 7. That the owners convey up to 5% of the land included in the Plan to the Town of Newcastle for park purposes under Section 33(5) of the Planning Act; and that the Town will accept cash- in-lieu of this parkland dedication under the provisions of Section 33(8) of the Planning Act. 8. That the necessary amendment to the Darlington Restricted Area (Zoning) By-law shall be approved by the Ontario Municipal Board. - 13 - 9. That the owners enter into a subdivision agreement with the Corporation of the Town of Newcastle to include, in addition to the usual requirements, the following provisions: That the owners agree: (a) to neither place nor remove fill of any kind, whether originating on the site or elsewhere, nor construct any building or structure on the site, without the written consent of the Central Lake Ontario Conservation i Authority. (b) to preserve significant vegetation on the site in accord- ance with the "Forestry and Landscaping Recommendations" prepared in respect of the proposed development by Marshall, Macklin, Monaghan and dated April, 1979. (c) not to apply for a building permit for a building or structure on any lot unless a lot grading and house location plan for the said lot has been approved by the Town and the Central Lake Ontario Conservation Authority. (d) to inform all prospective purchasers that their children will only be picked up by the school bus on roads now in existence or at another location convenient to the school board. (e) to pay the cost of reconstructing the Darlington-Cartwright boundary Road, for a distance and to a standard acceptable to the Town of Newcastle. (f) to pay half the cost of reconstructing Scugog Road from Street "A" to the 10th Concession Road. - 14 - (g) to register on the title to lots 3 to 13 inclusive, and 42 to 47 inclusive, a statement that because of the proximity of the railway right-of-way, a potential noise problem exists. (h) to erect a 6 foot high chain link fence along the rear of lots 4 to 9, 11 to 16, 19 to 21, and 42 to 48 inclusive, and that a covenant be registered on the deeds to each of these lots requiring the owner to maintain the said fence. (i) to register on the title to lots 12 to 21 inclusive notification that the lands immediately east of the subdivision may be used for mineral extraction. 10. That the subdivision shall be serviced by individual drilled wells and private sewage disposal systems, to the satisfaction of the authority having jurisdiction. 11. That such easements as may be required for utility or drain- age purposes shall be granted to the appropriate authority. 12. That the owners agree in writing to satisfy all the require- ments, financial and otherwise, of the Town of Newcastle concerning the provision of roads, installation of services, drainage and fire protection. 13. That before final approval is given to the Plan, the matter of the provision of sewage disposal facilities to lots 19, 25, 31, 32 and 37 be resolved to the satisfaction of the Durham Health Unit and the Town of Newcastle, if necessary by redesign to increase usable lot areas, or by the registration of the Plan on the basis of aerobic sewage treatment facilities. - 15 - 14. That the 9 m right-of-way shown on the draft plan shall be removed from the title to the subject lands. 15. That the Road Allowance between lots 18 and 19 in Concession 10 shall be closed and incorporated into the lands proposed for development. Respectfully submitted, � r NJF:lb D. N. Smith, M.C.I.P. June 28, 1979 Director of Planning fo" CAR _ROAD At WWANU BE TWEI-11 1-11C FCCIVER TYM. 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