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HomeMy WebLinkAboutP-166-81 4 i CORPORATION 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 SEPTEMBER 28/81. REPORT NO: P-166-81 SUBJECT: Proposed Plan of Subdivision 18T-78027 Part of Lot 26, Concession 11 Town of Newcastle Wilswar Enterprises Ltd. File: S-A-3-13-7 RECOMMENDATIONS: It is respectfully recommended that the Planning and Development Committee recommend to Council the following:- 1) That Report P-166-81 be received; and 2) That the Minister of Municipal Affairs and Housing be advised that the Town of Newcastle recommends draft plan approval of Plan 18T-78027, subject to the following conditions:- (i) That this approval shall apply to a draft plan dated October 20, 1977, prepared by Donevan & Fleischman Co. Ltd. , revised on January 11, 1979, and further revised on June 8, 1981. (ii) That the road allowances included in this draft plan be dedicated as public highways. (iii) That the streets in the plan be named to the satisfaction of the Regional Municipality of Durham and the Town of Newcastle. (iv) That Block A be conveyed to the Town of Newcastle for park purposes pursuant to Section 33(5) of The Planning Act. - 2 - Report P-166-81 (v) That the necessary amendment to Restricted Area By-law 79-44, as amended, of the Town of Newcastle shall be approved and come into effect subject to the provisions of Section 35(10) of The Planning Act. (vi) That the final plan incorporate a 0. 3 metre reserve along the reverse frontage of lots 20-22 inclusive and lots 7 and 133 abutting Arthur Street to be dedicated to the Town of Newcastle. (vii) That the Owner shall enter into a Subdivision Agreement with the Town of Newcastle to include, in addition to the Town's usual requirements, the following provisions:- That the Owner agrees: a) to submit to the Ministry of Transportation and Communications a traffic report in respect of peak hour turning volumes for the intersection of the proposed road with Highway 2. b) to satisfy the requirements of the Ministry of the Environment in respect of noise control as specififed below:- I (1) All windows exposed to the noise source on lots 48-52 inclusive shall be double glazed, consisting of 32 ounce glass with a minimum air space of one (1) inch. All other windows within the units on these lots should be double glazed with 24 ounce glass having a minimum air space of 1/2 inch. (2) All units to be constructed on lots 22-36 and 48-52 inclusive shall be equiped with air conditioning (Note: If air cooled condenser units are used, they should be located in a noise insensitive area.) 3 - Report P-166-81 (3) A continuous barrier (berm/wall) shall be constructed along the northerly boundary of the development and shall extend from the south-easterly corner of lot 51. The barrier shall be at least 6 feet in height in relation to the finished grade of the back yards and shall have a surface density of 4 lbs./sq. ft. with no holes or gaps, particularly where it joins the ground. Further, a covenant shall be registered on title of the subject lots obliging the purchasers of these lands to maintain said barrier in a satisfactory condition and at their expense. (4) That the following warning clause be included within the subdivider's agreement which is to be registered against the title of lots 22-36, 48-52, 63-65, 104-116 and lot 139 all inclusive:- "Due to the proximity of this development to major noise sources (C.P.R. and Highway 2) and despite the inclusion of noise control measures within this development, noise levels may continue to be of concern occassionally inter- fering with some activities of the dwelling occupants." c) to prepare a functional storm drainage report for the subject lands and all lands within a 305 metre (1,000 ft.) radius of the subject lands, to be approved by the Town and the Ganaraska Cons,e.rv4tion Authority: d) to design and construct all works in accordance with the Town of Newcastle Design Criteria e) to acquire and grant to the appropriate authority free and clear of all encumberances such on or off-site easements as may be required for utility or drainage purposes. 4 - Report P-166-81 f) that all lands to be dedicated or conveyed to the municipality for any municipal purpose shall be dedicated or conveyed in a form acceptable to the municipality and further the Owners shall grade and sod all lands to be conveyed for park purposes and shall plant such trees or other vegetative matter as may be required by the municipality in accordance with a landscape plan to be prepared at the Owner's expense by a landscape architect and submitted to the Town for approval. g) to satisfy all requirements of the Town, financial and otherwise concerning the provision of roads, installation of services, and storm drainage including a cost sharing agreement for the upgrading of Arthur Street and Highway 2, including the provision of sidewalks within said road allowances. h) that the development of the plan will be subject to architectural control by the Town of Newcastle. i) to satisfy the requirements of the Canadian Pacific Railway in respect of storm drainage to ensure that there is no increase or change in the direction of flow of natural surface drainage which would adversely affect the railway right-of-way. Any modification or addition to the existing drainage pattern would be the responsibility of the developer. Any proposed utilities under or overcrossing the C.P.R. right-of-way must be designed in accordance with C.P.R.. specifications and subject to C.P.R. approvals, agreements and permits. (viii) That the Owner agrees in writing to satisfy all requirements, financial and otherwise, of the Region of Durham concerning the provision of roads, sewers, water and other Regional services. 5 - Report P-166-81 BACKGROUND & COMMENTS: In June of 1977, the subject application for draft plan approval was submitted to the Town. The initial circulation of this proposal took place in January of 1978. However, as a result of various constraints and concerns identified by that circulation, further processing of the plan was deferred pending their resolution. In May of this year staff met with the applicants to discuss the necessary revisions to the draft plan which the applicant has since complied with. On June 29, 1981, staff received a copy of the revised plan from the Ministry of Housing accompanied by a request for the Town's comments. The subject plan is located within a residential area of the small urban area of Newcastle Village as designated by the Durham Regional Official Plan, and is situate immediately north and east of Highway 2 and Arthur Street respectively. The applicants are proposing the development of this 13.5 ha. (33.4 ac) parcel of land for residential and park purposes; the submitted draft plan shows 139 single family residential lots and a park block of 0.7 ha. (1. 7 ac.) The proposal conforms to the Regional Official Plan and the intent of the draft Urban Area Plan for Newcastle Village, which is the subject of a separate staff report under consideration at this time. We note, however, that while the Urban Area Plan requires preparation of a neighbourhood development plan prior to draft plan approval, the balance of this neighbourhood is substantially developed and this plan could be considered as infilling since it occupies the majority of the undeveloped lands located within this neighbourhood. The site is zoned "RU - Rural" by Restricted Area By-law 79-44, as amended. An amendment to the By-law would be required in order to permit the development of the site as proposed by the subject draft plan. In accordance with the department's procedures this application was re-circulated to obtain updated comments which are summarized below. 6 - Report P-166-81 Region of Durham Planning and Works Departments ". . . we wish to advise that the subject site is designated Residential in the Durham Regional Official Plan. Residential uses are permitted within this designation. Sanitary sewer and water supply facilities are also available to the site. However, we wish to draw your attention to the 16 persons per acre density in the proposed plan. This density exceeds the 11 p.p.a. density established by the Regional Sewage monitoring information for this area. If this plan is allowed to proceed, it may result in a reduction of reserve sewage capacity for other vacant lands within the same drainage area. We understood that the Town is currently in the process of finalizing the District Plan for Newcastle Village which will be used to assess the appropriateness of this proposed subdivision in the near future prior to the Region making any recommendation to the Ministry of Municipal Affairs and Housing." Ministry of Transportation and Communications "It is anticipated that road improvements may be required at the Highway 2 and proposed street entrance (lots 65 & 104) . Would you advise the developer that all costs associated with road improvements at this location will be at his own expense. We will require the submission of a traffic report indicating the peak hour turning volumes at this location. We then recommend conveyance of a 0.3 m. reserve across the entire highway frontage of lots 104 to 116, lots 63 to 65 and lot 139 as indicated in shaded purple on the attached plan." Ministry of the Environment "The changes in the draft plan basically reflect a change in density in that some of the lots originally intended for semi-detached dwelling units are now to be developed as single family lots. During our original review of this application (August 4, 1978) we advised that our major concern pertained to excess noise levels resulting from vehicular traffic movement on the adjacent Canadian Pacific Railway as well as Highway 2. During subsequent meetings with the developer's representatives, noise control measures were proposed and evaluated by staff of our Noise Pollution Control Section. A list of the measures was outlined in correspondence to your office dated May 28, 1980 (Copy appended) . 7 - Report P-166-81 Ministry of the Environment (Continued) The items mentioned are now applicable to drawing No. 1-866 revised June 8, 1981. As stated previously the measures proposed must also be approved by the Town of Newcastle. If approval is granted we would be in a position to recommend registration upon receipt of an executed copy of the subdivider's agreement which provides for implementation of the same." Town of Newcastle Works Department "1. . . . the Developer enter into a subdivision agreement with the Town. . . 2. That the Owners prepare a function storm drainage report for the complete area within a 1,000 ft. radius of the development. 3. That all works be designed and constructed in accordance with the Town of Newcastle's Design Criteria and Standard drawings. 4. That all lands required for widening of abutting road right-of-ways and grade separations be deeded free and clear. 5. That access to property north of the C.P.Rail be maintained as long as possible. 6. That all easements and reserves required by the Town are granted free and clear of all encumberances. 7. That the Developer agrees to enter into the appropriate cost sharing arrangements to upgrade Arthur Street and Highway 2 to present design standards. 8. That the developer satisfy the requirements of C.P. Rail." Town of Newcastle Community Services "I have reviewed the map on this Sub-division and agree with. the geographical location of the designated park."' Northumberland and Newcastle Board of Education ".I .have been directed to advise you that the Board i.a not in a position to make a recommendation until detailed information is received regarding the overall plan for the Town of Newcastle." (Planning Staff note that subsequent to the above noted comments, the Board of Education reviewed and commented upon the draft Urban Area Plan and did not indicate the need for a school site within this plan.) I 8 - Report P-166-81 Peterborough-Victoria-Northumberland and Newcastle Roman Catholic Separate School Board "Approval of the Plan of Subdivision would not adversely affect the plans of this Board." Canadian Pacific Railway "l. Adequate steps should be taken by the developer to protect the future homeowner from any inconvenience as a result of living adjacent to a railway. Provision should be made by the developer for installation of a planted landscaped berm along the boundary of the railway and the development . . . to abate the noise and buffer the visual effects of railway operations. Such provisions should be to the satisfaction of the Ministry of the Environment. 2. Adequate steps should be taken by the developer to situate the lot and building in an area least exposed to the impact of railway operations. 3. In dwellings exposed to the impact of the railway a construction standard shall be adopted which considers acoustic insulation as set out by the Central Mortgage and Housing Corporation. 4. Due to the proximity of Lots 78 to 89 and Lots 104 to 109 to the rail line and the resultant noise and vibration, etc; we require a clause to be inserted in the offer to purchase and deed to the property, in order to ensure that prospective home owners are aware of the rail line location. 5. A 6 ft. high chain link fence to be constructed and maintained along the boundary of the Railway and the development, between Lots 78 to 89 and Lots 104 to 109 by the developer at his expense. The developer to include a covenant running with the land in all deeds, obliging the purchasers of the land to maintain the fence in a satisfactory condition at their expense. 6. The developer must ensure that there is no increased or change of direction in the flow of natural surface drainage which would adversely affect the railway right-of-way. Any modification or addition to the existing drainage pattern would be the responsibility of the developer. 7. Any proposed utilities under or overcrossing our right-of-way to serve the residential development must be designed in accordance with our specifications, receive our approval and be covered by our standard agreement or permit." - 9 - Report P-166-81 As a result of our circulation concerns were specifically identified in respect of density of the plan and the noise environment of lots adjacent to the railway. With regard to density staff note that the Region's calculations which resulted in a density of 16 p.p.a. were based upon an occupancy factor of 3.8 persons per unit. Town Staff, on the other hand, have used a factor of 3.0 p.p.u. which assumes that in the long term the household size will continue its present decline. Based upon this assumption it is our staff opinion that the density of this proposal is appropriate for the long term development of the Newcastle Village Small Urban Area. With respect to the noise environment, staff have reviewed the proposed noise abatement measures and agree with them. Appropriate clauses incorporating these measures will be included within the Town's subdivision agreement as a required condition of draft plan approval. Staff note that all other matters and concerns identified through the circulation, as requiring attention, have also been addressed by staff's recommendations. Therefore, inasmuch as the proposed plan of subdivision generally complies with the Official Plan of the Regional Municipality of Durham and the draft Urban Area Plan presently under consideration by Council, and there were no major objections received through circulation; staff would have no objection to recommending draft plan approval of this plan subject to conditions which incorporate and address the various requirements and concerns identified by commenting agencies as recited above. Respe,ctfull: Submitted, D.N. Smith, M.C.I.P. Director of Planning TTEE1f September 18th, 1981.