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HomeMy WebLinkAboutP-194-79CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH, M.C.I.P., Director HAMPTON, ONTARIO LOB 1J0 TEL. (416)263-2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF November 8, 1979 REPORT NO.: P-194-79 SUBJECT: Proposed Plan of Subdivision 18T-74067 Part of Lots 12, 13A, 14, 14A, 16 and 17, Block I, C.G. Hannings Plan; Part of C.C. Burk's Plan and Part of Lot 21, R.P. 647, formerly in the Town of Bowmanville - Cean Investments - Our File S -A-2-5-1 BACKGROUND: The above noted proposed plan of subdivision has been re -submitted to the Town of Newcastle and represents a revision to earlier submissions which were approved by Town Council on May 16, 1977. That plan proposed to develop the site for nine single family units, eight semi-detached units and thirty-two townhouses, and was recommended to the Minister of Housing for draft plan approval subject to the following conditions: 1) That Blocks D, G and H be combined as a pedestrian walkway; 2) That Block E abutting the railway line be conveyed to the municipality for parkland screening and that it be graded and landscaped to minimize noise; 3) That a portion of the lands for multi -family uses be offered to the Ontario Housing Corporation at a price to be specified in the subdivision agreement not to be less than that which a knowledgeable pri- vate builder would pay; 4. That authorization to commence work be granted only when the Durham Commissioner of Works certifies that sufficient water supply and sewage disposal capacity {J are available for the proposed development. V - 2 - Due to servicing constraints, at that time, the file was closed by the Ministry of Housing without granting draft approval. Since that time, discussions with the Region of Durham Works Depart- ment have indicated that the servicing constraint could be eliminated, based on their review of the servicing capacity available at the Soper Creek Water Pollution Control Plant. By letter of August 17, 1979, the Region indicated that a resolution of Newcastle Council, requesting that adequate water supply and sewage capacity be reserved, would be sufficient to permit a resumption of their consideration of the plan. To that end, staff report P-172-79 was submitted to Committee, which recommended that the necessary allocation be made. That recommen- dation was adopted by Committee on October 5, 1979 and endorsed by Council on October 9, 1979. Accordingly, the applicant submitted the revised plan, sub- ject of this report, which proposes to develop the site for 18 single family lots and 17 semi-detached lots thus eliminating the previously proposed townhousing. The revised plan was recirculated to those agencies whose earlier comments could be affected by the revisions; and their responses are summarized below: Town of Newcastle Communis Services - Cannot recommend acceptance of Block 36 for park purposes due to its lack of potential for park use and possible maintenance problems. Recommend cash -in -lieu. Town of Newcastle Public Works - The comments of this de- partment are as follows: (a) That the subdivider and the Town of Newcastle enter into a subdivision agreement and that the Public Works Department be kept aware of the status of same at all times. COMMENTS: - 3 - (b) That all works be constructed to the Town of Newcastle's Design Criteria and Standard Drawings. (c) That any easements which may be required by the Town of Newcastle be granted free and clear of all encumbrances. (d) That a detailed review of storm drainage and possible outfall locations be undertaken and completed to the satisfaction of the Town of Newcastle Public Works Department. (e) That all bulks be designed and constructed to the Town of Newcastle Standard NS -221. (f) The optimum proposal would be to have the east -west street at the south limit of the development connect with existing Bernard Street; however, if this is not possible, then provision must be made for a 66 foot access on to High Street, in the area of Blocks 37 and 38. (g) That the subdivider must meet the financial require- ments of the Town of Newcastle Public Works Department. Ministry of the Environment - Although the Ministry's written comments had not been received at the time of writing, they were given verbally. The Ministry verifies that portions of the site experience noise levels of 20 d.B.A. in excess of their criteria. It is recommended that the applicant or his consultant contact the Noise Pollution Control Section of the Ministry of the Environment to investigate and discuss noise control measures for the site. This is a prerequisite to the Ministry commenting formally or recommending draft approval. Durham Regional Planning - The Durham Regional Official Plan designates the subject site as "Residential". The develop- ment of the site for residential purposes would conform. We note that the proposed plan involves 18 single family units and 34 semi-detached units. The total of 52 units would potentially generate a population of 197.6 persons based on a factor of 38 persons per unit. Since the area proposed for residential use is 9.52 acres (9.68 acres minus lands for future development), the population density will be 20.75 persons per gross acre. This density is considered to conform to the uniform density assumption figure of 20.5 p.p.g.a. utilized in the Regional sewerage plan for Bowmanville. Staff have reviewed the responses to our circulation and are in general agreement with the proposed revisions. The circulation - 4 - did not reveal any major problems directly related to the revisions, however, staff are suggesting that minor changes be made and that the conditions of draft approval be updated. We also note the major concern of the Ministry of the Environment in respect of noise levels, which must be resolved prior to draft approval. RECOMMENDATION: That the Planning and Development Committee recommend to Council the following: That the proposed plan of subdivision 18T-74067, be recom- mended to the Minister of Housing for approval subject to the following: 1. That this approval applies to draft plan of subdivis- ion dated November 17, 1975 as revised on January 26, 1976; March 22, 1979; and August 29, 1979 and further revised in red dated October 29, 1979, in accordance with the recommendations contained herein; 2. That five copies of a revised plan of subdivision, in- corporating the required revisions be submitted to the Town of Newcastle for review, prior to the Town notifying the Ministry of Housing of its recommendation; 3. That once the revised plans have incorporated the requested revisions, staff be authorized to inform the Ministry of Housing that the Town of Newcastle recommends approval of the application for plan of subdivision 18T-74067 sub- ject to the following conditions: - 5 - (i) That this approval applies to the draft plan dated November 17, 1975 as revised on January 26, 1976; March 22, 1979; and August 29, 1979 and further revised in red dated October 29, 1979, in accordance with the recommendations of staff report P-194-79 of the Corporation of the Town of Newcastle; (ii) That the road allowances indicated in this draft plan shall be dedicated as public highways; (iii) That the proposed streets shall be named to the satisfaction of the Town of Newcastle and the Regional Municipality of Durham; (iv) That the zoning for the development of these lands shall have been approved pursuant to Section 35 (10) of the Planning Act, R.S.O. 1970, prior to regis- tration of the plan•, (v) That the owner pay cash -in -lieu of a 5% parkland dedication in order to satisfy the provisions of Section 33 of the Planning Act, R.S.O., 1970; (vi) That the owner agrees in writing to satisfy all requirements, financial and otherwise, of the Town of Newcastle and the Regional Municipality of Dur- ham, concerning the provision of roads, installation of services, drainage and fire protection; (vii) That the owner grants to the appropriate authorities, free and clear of all encumbrances,such easements as may be required for utility or drainage purposes; (viii) That the applicant satisfy all conditions and require- ments of the Ministry of the Environment in respect of noise attenuation, including any necessary revisions to the proposed draft plan. (ix) That the owner enter into a subdivision agreement with the Town of Newcastle to include, in addition to the usual requirements, the following provisions: a) That Block 36 be dedicated to the Town of Newcastle as a buffer strip between the development and the Canadian Pacific Railway, to be graded and land- scaped to the satisfaction of the Town of Newcastle and/or developed in accordance with all recommendations of the Ministry of the Environment in respect of noise attenuation. r - 6 - b) That the applicant provide a 6 foot high chain link fence along the common property line between the subject lands and the Canad- ian Pacific Railway right-of-way. c) That the applicant ensures that there is no increase in the flow of natural surface drain- age on to the railway right-of-way. Any modi- fications to existing railway culverts or additional culverts required to accommodate all storm drain- age, to be the responsibility of the applicant. d) That the applicant provide for the installation of noise abatement devices, to the satisfaction of the Ministry of the Environment. e) That the applicant provide fencing and/or screening within the side yards of lots 3, 5, 35, 24 and 23 opposite the Canadian Pacific right-of-way, and fencing only within Block 37 abutting the existing residential lots and lots 8 and 9. f) That the applicant will implement the recommendations of any required noise level analysis, as approved by the Ministry of the Environment and the Town of Newcastle. g) That the applicant will register on title of those lots affected by excessive noise levels, as iden- tified by an approved noise level analysis, a warning to that effect. Respectfully submitted, TTE:lb D. N. Smith, M.C.I.P. October 29, 1979 Director of Planning