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HomeMy WebLinkAboutP-176-79CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH, M.C.I.P., Director HAMPTON, ONTARIO LOB 1.10 TEL. (416)263.2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF October 1, 1979 REPORT NO.: P-176-79 SUBJECT: Application for Plan of Subdivision Number 18T-76011 Part of Lot 9, Concession 2, Bowmanville Penwest Developments Limited (Our File: S -A-2-6-2) BACKGROUND: The subject application proposes the development of an 18.38 hectare parcel of land at the south-west corner of Concession Street and Mearns Avenue in Bowmanville for 237 single family dwellings, 16 semi-detached units, and 2.20 hectares of park and open space. The lands proposed for development are designated "Residential Areas" in the Durham Official Plan; except that the floodplain portion of the proposed park and open space block is designated "Hazard Lands". The development of the tableland portion of the site for residential purposes, on the basis of full municipal services, would be permitted by the Official Plan Policies. It is the intent of the Durham Official Plan that the land use designations and policies contained therein shall be refined in the District Plans of the Area Municipalities. In the absence of such a District Plan for Bowmanville, the detailed land use policies contained in the Bowmanville Official Plan still pertain to the subject lands. - 2 - The site is designated "Low Density Residential" and "Hazard Lands" in the Bowmanville Official Plan. The proposed development of the "Hazard Lands" for park and open space purposes would comply with the provisions of the Bowman- ville Official Plan, provided that precautions are taken to restrict the placement of structures or fill within the floodplain. The Plan would permit the development of the "Residential" portion of the site at a density of 9 units per acre; but requires that prior to the con- sideration of development proposals in each of the Special Planning Areas, Council shall "undertake planning studies delineating internal road patterns, distribution of residential densities and the required schools, parks and commercial facilities. These studies shall only require the approval of both the Council of the Town of Newcastle and the Council of the Regional Municipality of Durham." The Soper Creek Neighbourhood Plan, which is presently before this Committee for approval, is presented in fulfillment of this requirement of the Bowmanville Official Plan. The road patterns and land use designation of the subject plan of subdivision are in general conformity with the proposed Soper Creek Neigh- bourhood Plan, but vary in the following respects: 1. Open Space The Soper Creek Plan designates a site of approximately .75 acres for a neighbourhood park. This park is not provided in the pro- posed plan. 2. Density The Soper Creek Plan stipulates a maximum 238 units on the sub- ject site. The subdivision plan presently proposed 253 units. - 3 - The proposed subdivision plan should be brought into conformity with the Soper Creek Neighbourhood Plan. The development of these lands for residential purposes would require an amendment to the Bowmanville Zoning By-law, changing the zoning of the tableland portion of the site from "Development" to an appropriate residential zone. In accordance with standard Town procedures, the subject appli- cation was circulated to the following agencies for comments: The Northumberland and Newcastle Board of Education The Peterborough -Victoria -Northumberland and Newcastle Board Separate School Board The Durham Planning and Works Departments Bell Canada The Ministry of Natural Resources The Central Lake Ontario Conservation Authorit Bowmanville Public Utilities Commission The Newcastle Works Department The Newcastle Fire Department The Newcastle Community Services Department The Ministry of Agriculture and Food All of the above noted agencies responded to the circulation, and their comments have been summarized below. Neither of the school boards consulted objected to the application; nor did they request school sites. The Durham Planning and Works Departments advised as follows: "The subject site is designated "Residential" in the Durham Regional Official Plan with the presence of hazard lands on a portion of the site. Proposal appears to conform. In addition, the subject proposal is in the area affected by Amendment No. 3 to the Official Plan for the former Bowmanville Planning Area. The Amendment requires the - 4 - preparation of planning studies providing adequate develop- ment policies and guidelines for consideration of plans of subdivision and implementing restricted area by-law amend- ments. The approval of such a study by Newcastle and Reg- ional Councils is a prerequisite to development in the de- fined area." The Ministry of Natural Resources supplied the following comments: "This revised plan has been reviewed in this office. Our only concern is the portion of the tributary of Soper Creek which crosses the site. No lots are affected by flooding, but it would be desireable to minimize the adverse effects of siltation and erosion. Recommendation: Based on the above we would recommend that this plan be approved subject to the following conditions: 1. That the municipality's RA Zoning By-law contain provisions which would have the effect of pro- hibiting all buildings and structures in Block L except those necessary for flood or erosion control. 2. That the owner agree in the Subdivider's agreement, in wording acceptable to this Ministry: (a) To neither place nor remove fill of any kind, whether originating on the site or elsewhere; nor alter any existing vegetation in Block L without written consent of the Central Lake Ontario Conservation Authority." Bell Canada advised that there is an existing telephone ease- ment on the southern portion of the site, which would have to be re- located, at the applicant's expense, if the subdivision were to proceed. The Central Lake Ontario Conservation Authority have stated that they are in basic agreement with the proposed subdivision, but requested the completion of an integrated storm water management study, encompassing the lands owned by Penwest and Schickendanz in this neighbourhood, to be completed at the expense of affected land owners before final approval is - 5 - given to the subdivision. They also requested the following conditions of approval: 1. That the municipality's Restricted Area Zoning By-law contains provisions which will have the effect of pro- hibiting buildings and/or structures of any kind other than those necessary for flood or erosion control in Block "L", as determined by the Town of Newcastle. 2. (a) That the Subdivider's Agreement between the owner and the municipality contain provisions wherein the owner agrees: (i) not to oppose the by-law provision above; (ii) not to alter that tributary of Soper Creek which flows through Block "L" nor remove any existing vegetation in these areas without the written permission of this Authority; (iii) to abide by the Fill, Construction and Alter- ation to Waterways Regulations of the Central Lake Ontario Conservation Authority and comply with the conditions stated on any permits issued under this regulation. (b) That prior to initiating any grading or construction on the site: (i) to erect and maintain during all phases of develop- ment, a suitable barrier along the boundaries of Block "L" and along the rear of lots 130 to 133 in- clusive. The Newcastle Works Department submitted the following requirements: 1. That the owner enter into a Subdivision Agreement, subject to Public Works Department approval. 2. That any easement required by the Town be granted free and clear of all encumbrances. - 6 - 3. That all services within the Subdivision be designed and constructed in accordance with the Town of Newcastle's Design Criteria and Standard Drawings. 4. The elimination of the intersection of Streets "A" and "B" between Lots 29 and 30. 5. Various alternatives, relative to Storm Drainage, are to be considered and resolved. 6. That all road widenings, as proposed be accepted by the Town of Newcastle. The Bowmanville Public Utilities Commission requested the pro- vision of a site for a hydro transformer station within the limits of this subdivision. A site dimensioned 80 feet by 150 feet and lying in the north-west section of Block "L" was suggested. COMMENTS: Staff is in general agreement with the proposed plan of subdiv- ision, provided that the following areas of concern can be resolved: 1. Lot Sizes Many of the proposed single family lots have frontages of only 12 metres (39' 2") and lot areas of 360 square metres (3875 square feet). This lot size is unacceptable to staff, both because of potential problems in siting buildings and because the proposed density of development exceeds that permitted in the Neighbour- hood Plan. In addition, Lots 203 to 210 front on Concession Street, and abut residential uses on large lots. It is noted that Concession Street is designated a Type 'B' Arterial Road - 7 - in the Durham Official Plan, and that new accesses to the road should be limited. For these reasons, it is suggested that the plan be re- vised to provide a minimum frontage of 12.5 metres for interior single family lots. The frontage of the lots fronting on Concession Street should be increased to 15 metres. Because of their configuration, lots 12 and 18 have in- sufficient depth to accommodate buildings, and should be reserved for development in conjunction with abutting lands. 2. Open Space The applicant proposes the dedication of Blocks "L" and "M", comprising approximately 5 acres, for park and open space purposes. A large portion of this site is creek valley land; and, according to the Town's "Policy in respect of Parkland Dedications', as detailed in By-law 79-69, this valley land shall not form any portion of the 5% parkland dedication permitted by the Planning Act. Similarly, the tableland portions of Block "L", because of their location and configuration, are not acceptable as part of the 5% dedication. The Neighbourhood Plan proposes a park site in the block bounded by Streets "A" and "C", corresponding with the proposed location of Lots 55 to 58, and measuring approximately 160 feet by 230 feet. It is recommended that Blocks "L" and "M" be accepted by the Town for conservation and open space purposes, and that the park site delineated in the Neighbourhood Plan be incor- porated into a block, to form the 5% parkland dedication per- mitted by the Planning Act. A ten foot walkway is required between Lots "DD" and "EE", to facilitate pedestrian movement. 3. Services and Utilities As was noted in report P-172-79, all of the residual sewage capacity in the Bowmanville Sewage Treatment Plant is required for subdivisions which have already been recommended for approval by the Town; and the development of subdivisions in the Soper Creek Neighbourhood will be contingent on the completion of the proposed Soper Creek Water Pollution Control Plant. For this reason, final approval of the subject plan would be withheld until sewage capacity is available to the site. The Bowmanville Public Utilities Commission has requested a site for a transformer station in the north-west corner of Block "L". The plan should be revised to incorporate this site as a separate block. 4. Roads The Soper Creek Neighbourhood Plan has designated a small area at the north-west corner of Block "L" for road purposes. The subdivision plan will have to be revised to accommodate this road allowance. - 9 - The road access for Street "G", as well as lots 160 to 202, will not be available until the lands to the west are dev- eloped and Street "F" is completed. It is suggested that the plan should proceed by two registrations so that develop- ment of these lands will be contingent on the development of the lands to the west. The Town of Newcastle Works Department has expressed con- cern regarding sight lines at the proposed intersection of Streets "A" and "B". This is a valid concern, and Planning Staff agree that this intersection should be eliminated. As an alternative, staff is suggesting a revision whereby Street "B" intersects with Street "C". RECOMMENDATIONS: It is respectfully recommended: 1. That Draft Plan of Subdivision Number 18T-76011, dated March 26, 1979 and revised on June 1, 1979, be further revised as follows: 1. That sufficient lands to complete Road 'D', as proposed in Draft Plan of Subdivision Number 18T-76038 be incorporated into Block "A" and designated for road purposes. 2. That Lots 55, 56, 57, 58, 64, 65 and parts of Lots XX and YY be incorporated into Block "E", measuring 130 feet by 230 feet, and designated for park purposes. 3. That Lots 203 to 210 be revised to provide minimum lot front- ages of 15 metres. 4. That all other lots proposed for single family uses be revised to provide minimum lot frontages of 12.5 metres. -10- 5. That a 3 metre block be created between lots DD and EE, to be used as a pedestrian walkway, and designated Block "Dn 6. That Block "K" be renamed "Street 'H'." 7. That Lots 12, 13, 17 and 18 be redesignated Blocks P, G, H, and I, respectively, and designated for future develop- ment. 8. That Street "B" intersect with Street "C" instead of Street "A" and that the lotting be revised accordingly. 9. That Block 'P' be designated for future development. 10. That 0.3 metre parcels of the northern limit of Street "E", the western limit of Street "H" and the widened limits of Mearns Avenue be shown on the Plan as Blocks "C", "F" and "G", respectively. 2. That 5 copies of a revised plan of subdivision incorporating these revisions be submitted to the Town of Newcastle Planning Department for review. 3. That once these revised plans have incorporated the required requested revisions, staff be authorized to inform the Minister of Housing that the Town of Newcastle recommends approval of the application for plan of subdivision Number 18T-76011, subject to the following conditions:, 1. That this approval applies to the draft plan, dated March 26, 1979, as revised on June 1, 1979 and further revised according to the recommendations of Report P-176-79 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 Block "A" shall be conveyed to the Town of Newcastle for road purposes. 4. That a 3 metre parcel of land abutting Mearns Avenue shall be dedicated to the Town of Newcastle for road widening pur- poses. 5. That a 3 metre parcel of land abutting Concession Street shall be dedicated to the Town of Newcastle for road widening purposes. 6. That Blocks "C", "F" and "G" be deeded to the Town of New- castle as 0.3 metre reserves. 7. That Blocks, N, 0, P, F, G, H, and I shall be reserved for future development in conjunction with abutting lands. 8. That the Owners shall convey Blocks "L" and "M" to the Town of Newcastle for conservation and open space purposes. 9. That Block "E" shall be conveyed to the Town of Newcastle for park purposes, under the provisions of Section 33 (5) (a) of the Planning Act. 10. That Block "B" shall be conveyed to the Bowmanville Public Utilities Commission for an electrical substation. 11. That Block "D" be conveyed to the Town of Newcastle for public purposes. 12. That the existing Bell Telephone Easement on the site, and associated cables thereon, shall be relocated, at the owner's expense, to the satisfaction of Bell Canada. 13. That a temporary turning circle shall be provided adjacent to the 0.3 metre reserve abutting Street "F". - 12 - 14. That the necessary amendment to the Restricted Area (Zoning) By-law of the former Town of Bowmanville shall be approved by the Ontario Municipal Board. 15. That the Plan proceed by two separate registrations; the registration to be composed of Streets A, B, C, D, E, F and H and the lots and Blocks abutting these streets and Concession Street and the second to be composed of Street G and all re- maining lots. 16. That the registration of the second portion of the plan be permitted only when Street "F" is extended to Concession Street. 17. That such easements as may be required for utility or drain- age purposes shall be granted free and clear of all encumbrances, to the appropriate authority. 18. That before final approval is given to the plan, adequate sewer and water treatment facilities shall be available to service the site, to the satisfaction of the Region of Durham. 19. That the owner agrees in writing to satisfy all the requirements, financial and otherwise, of the Town of Newcastle and the Region of Durham regarding the provision of roads, installation of ser- vices, and drainage. 20. 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: - 13 - a) to neither place nor remove fill of any kind, whether originating on the site or elsewhere, nor alter any existing vegetation in Block "L" without the written permission of the Central Lake Ontario Conservation Authority. b) That Blocks F, G, H, I, N, 0 and P shall not be developed except in conjunction with adjacent lands. 21. That the plan conform with the land use designations and policies of the Soper Creek Neighbourhood Plan, as approved by the Town of Newcastle and the Region of Durham. 22. That an appropriate storm water management study be prepared, to the satisfaction of the Town of Newcastle and the Central Lake Ontario Conservation Authority, and at the applicant's expense. 4. That staff be authorized to change the lot and block numbers cited in these conditions of draft approval to reflect the corresponding lot and block numbers of the revised plan required by (2) above. Respectfully submitted, NJF:lb D. N. Smith, M.C.I.P. September 24, 1979 Director of Planning