Loading...
HomeMy WebLinkAboutP-165-80 I nn e' fay d 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 OCTOBER 9, 1980. REPORT NO. : P-165-80 SUBJECT: Application for Plan of Subdivision Number 18T-76025 Part of Lot 14, Concession 1, former Town of Bowmanville One Fourth Investments Limited - Our File: S-A-2-4-1 BACKGROUND: The attached staff report P-81-80 recommended approval of an application for plan of subdivision of the subject 15 hectare parcel of land for 82 single family dwellings, 82 semi-detached units, 55 senior citizens apartment units and a 3.6 hectare park, subject to certain revisions and conditions. The staff report recommended approval of the subject application, subject to the revision of the plan to increase the lot frontages of some lots, the depth of other lots and to provide a more workable road pattern; and subject to certain revisions and conditions. Report P-81-80 was presented to the Planning and Development Committee Meeting of April 22, 1980. Mr. Feddema appeared at this meeting, on behalf of One Fourth Investments, noted several concerns in respect of the re- commendations of the report, and requested that the report be tabled to per- mit further discussions with staff. Resolution PD-169-80 provided "that Report P-81-80, Application for Subdivision 18T-76025, One Fourth Invest- ments Ltd. , be tabled until the applicant has time to dialogue with the Director of Planning." � r' , � his �14 2 - COMMENT: Further discussion with representatives of the Owners has revealed that their major concern with the staff report is the recom- mendation that Block "C" be dedicated to the Town for park purposes. It is their position that five percent of the total area of the land to be subdivided is approximately .8 hectares, while the total area of Block "C" is 3.642 hectares; that the dedication of Block "C" as the five percent parkland dedication permitted by Section 33(5) of the Plan- ning Act would not be equitable to the Owners, and that they should be reimbursed for the additional 2.84 hectares. Staff note that the proper development of the proposed plan of subdivision will require the incorporation of Town-owned land into the land to be developed. The revised plan proposes semi-detached lots along the northern boundary of the subdivision. The siting of buildings on these lots, as well as the provision of adequate lot depth to accommodate standard noise attenuation measures necessitated by the existence of the C.P.R. main railway line to the north of the site, will require the acquisition by the proponents of a large portion of the road allowance of Old Highway 2, and the incorporation of i this land into these proposed lots. The plan proposes a north-south road which will extend through the subdivision from Waverly Road to Old Highway 2. Since the portion of Old Highway 2 which extends west of this proposed intersection will secure only the subject site, staff has no objection to the closure of this segment i of road allowance, and its incorporation into the plan. Since this property is essential for the development of lots 1 to 9, as shown on the revised plan, its acquisition by the proponent of these lots as a precondition of I i Iv- ��� - 3 - development should be imposed as a condition of draft plan approval of the proposed subdivision. A portion of road allowance of Old Highway 2 has already been closed by By-law, but remains in the ownership of the Town. A second By-law would be required to close the remaining portion of the road allowance. Since the Town is interested in acquiring parkland in excess of the standard five percent parkland dedication, and since the develop- ment of nine semi-detached lots in the proposed plan of subdivision is dependant on the acquisition of Town-owned land, it would seem appropriate to arrange for a transfer of land between the Town and One Fourth Invest- ments Limited on the basis of the value of the respective parcels. Staff have discussed this proposed property transaction and road closure with the Director of Public Works, the Town Manager, the Director of Community Services, and the Manager of the Newcastle Power Commission. Comments of the Works Department recommended that the possibility of the proposed land exchange be approved in principle. It was suggested that the Newcastle Power Commission be contacted to determine their requirements in respect of a wood pole hydro line which crosses the subject portion of the road allowance, and that the applicant be advised to apply to the Town's Works Committee to request that the open portion of the subject road allowance be closed by By-law. The Town Manager indicated that he would have no objections to I the proposal, provided that the Town is satisfied that there are no other abutting property owners which may levy claim to a portion of the road I allowance. (staff note that the Canadian Pacific Railway owns the property to the north of the subject portion of road allowance, and that comments i - 4 - submitted in respect of the subject application for subdivision indicated that they have no interest in acquiring a portion of the road allowance.) The Director of Community Services supported the acquisition of Block "C", as proposed on the revised plan, as a neighbourhood park, but requested that the owners be required to landscape the park to the Town's requirements. The Newcastle Power Commission advised that they had no objection to the closure and conveyance of the road allowance, provided that an appropriate easement in favour of the Newcastle Power Commission be regis- tered on the title to the subject lands. (This requirement could be im- posed as a condition of draft plan approval of the subject application.) RECOMMENDATION: It is respectfully recommended: 1. That this report be received for information; 2. That staff report P-81-80 be lifted from the table and received for information; 3. That Item PD-169-80 be removed from the outstanding items list; 4. That the preliminary plan dated May 12, 1980 be redrawn by an Ontario Land Surveyor in a form acceptable to the Ministry of Housing in accordance with Section 33(2) of the Planning Act; 5. That 5 copies of this revised Plan of subdivision be submitted to the Town of Newcastle Planning Department for review; - 5 - 6. That, once these revised plans have incorporated the requested revisions, staff be authorized to inform the Minister of Housing and the Region of Durham that the Town of Newcastle recommends approval of application for subdivision Number 18T-76025, subject to the following conditions: (a) that this approval shall apply to a draft plan proposing the development of the subject site for 53 single family lots, 60 semi-detached lots, a 9 acre park block, and a 1.07 acre block for school purposes; (b) that the road allowances in this draft plan shall be de- dicated as public highways; (c) that the streets in the plan shall be named to the satis- faction of the Regional Municipality of Durham and the Town of Newcastle; (d) that Lots 1 to 9 be reserved for future development in conjunction with abutting Town-owned lands; said abutting lands to be conveyed to the subdivider, encumbered by all necessary easements in consideration of that portion of Block "C" that may be in excess of the 5% parkland require- ment as specified in clause (e) following; I (e) that the Owners shall dedicate Block "C" to the Town of I Newcastle for park purposes, pursuant to Section 33(5) (a) of the Planning Act; (f) that the necessary amendment to the Restricted Area By-law i of the former Town of Bowmanville shall be approved by the i Ontario Municipal Board, in accordance with the provisions I i -�v (��> - 6 - of Section 35(10) of the Planning Act, or shall come into effect in accordance with Section 35(25) of the Planning Act. (g) that such easements as may be required for utility or drainage purposes shall be granted free and clear of all encumbrances to the appropriate authority; (h) that the Owners agree in writing to satisfy all the requirements, financial and otherwise, of the Town of Newcastle and the Region of Durham regarding the pro- vision of roads, installation of services and drainage; (i) that the Owner shall engage the services of a consultant to complete an acoustical study recommending noise con- trol features satisfactory to the Ministry of the Environ- ment and the Town of Newcastle; (j) that the Owner shall convey Block "D" to the Peterborough- Victoria-Northumberland and Newcastle Board of Education for school purposes; (k) that a 3 metre strip of land along that portion of Waverley Road abutting lot 108 shall be dedicated to the Town of Newcastle for road widening purposes; (1) that the Owner shall enter into a subdivision agreement with the Corporation of the Town of Newcastle to include, in addition to the usual requirements, the following pro- visions: (i) that the noise control features recommended by the acoustical report required by (i) above, and any features f� (Li - s - (iv) that the Owner agrees not to apply for a building permit for any building or structure on lots 9 to 25 unless a lot grading and house location plan for the said lot has been approved by the Town of Newcastle and the Central Lake Ontario Conservation Authority; (v) that the Owner agrees to construct a 6 foot high chain link fence on the northern limit of lots 1 to 9 abutting the subject lands; (vi) that the development of the Plan will be subject to Architectural Control by the Town of Newcastle; % (vii) 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 to the municipality for park purposes and shall plant such trees and other vegetative materials as may be required by the munici- pality in accordance with a landscape plan to be pre- pared at the Owners expense by a landscape architect and submitted to the Town for approval; 7. That staff be authorized to change the lot and block numbers cited in these conditions of draft plan approval to reflect the corresponding lot and block numbers of the revised plans required by (2) above. Respectfully submitted, i i NJF:lb D. N. Smith, M.C.I.P. Encl. Director of Planning CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH,M.C.1,P., Director HAMPTON,ONTARIO LOB 1JO TEL. (416)263.2231 REPORT TO THE PLANNING AND DEVELOPMENT COAfI.4ITT?sE MEETING OF APRIL 28, .1980. REPORT NO. : P-81-80 SUBJECT: Application for Subdivision Number 18T-76025 Part of Lot 14, Concession 1, former Town of Bowmanville One Fourth Investments Ltd - File: S-A-2-4-1 BACKGROUND: On December 13, 1976 , Council recommended approval of an application for plan of subdivision south of Highway 2 and west of Waverly Road in the former Town of Bo%,nnanville, subject to certain revisions and conditions. One of these conditions was a requirement that final approval of the Plan be granted only when sewage treatment capacity was avail- able to the site. In March of 1979, a revised plan of subdivision proposing 82 single family dwellings, 82 semi-detached units, 55 senior citizens apartment units and a 9 acre park site was submitted to the Department and circulated in accordance with normal procedures. Later in 1979, the Region of Durham advised Town staff that there was sufficient residual capacity in the existing sewage treatment plant to accommodate an addit- ional 804 persons, and Council adopted the recommendation of the Planning and Development Committee that sewage treatment capacity for 538 persons 2 - be allocated to the subject subdivision. As you will recall from Report P-64-80, the Region has recently IndJ cared that there i.s sufficient water pollution control plant capacity in Bowmanville to service proposed residential development. Accordingly, it would now be appropriate for the Town to submit a recommendation in respect of the proposed subdivision to the Minister of Housing. The site is designated "Residential Areas" in the Durham Official Plan. Uses on full municipal services are permitted by this designation, and the proposed plan complies with the provisions of the Durham Official Plan. In the Bowmanville Official Plan, the site is primarily designated "Low Density Residential", with the site proposed for senior citizens designated "Medium Density Residential". The proposed Plan generally con- forms with the provisions of this Official Plan and the Waverly Gardens Neighbourhood Study. The subject lands are zoned "General. Residential" in the Restricted Area (Zoning) By-law of the former Town of Bowmanville. Although residen- t tial uses are permitted by this zone designation, many of the proposed lots would not comply with the lot frontage and lot area requirements of the . By-.Law, and amendment to the By-law would be required to permit the develop- ment of this site as proposed. The revised plan was circulated to the following agencies for comments: Kinistry of the Enviroment Northumberland and Newcastle Board of Education Peterborough-Victoria-Northumberland and Newcastle Board of Education Durham Planning and Works Department Bell Canada I i 3 - Bowmanville Public Utilities Commission Central Lake Ontario Conservation Authority Newcastle Works Department Newcastle Building Department Newcastle Fire Department Newcastle Recreation Department Canadian Pacific Railway Bell Canada did not reply and were assumed to have no comments. The Ministry of the Environment recommended approval of the proposed plan, subject to the following conditions: "1) prior to final approval, the owner shall engage the services of a consultant to complete a noise study recommending noise control features satisfactory to the Ministry of the Environ- ment and the Town of Newcastle; 2) prior to final approval the Ministry of the Environment shall be notified by a copy of the fully executed .subdivider's agree- ment between the developer and the municipality that the noise control features recommended by the acoustical report and any features recommended by this Ministry shall be implemented as approved, by requirements of the subdivider's agreement; 3) in the event that a slight noise level excess will remain, despite the impl.ementataon of the noise control features , the subdivider's agreement shall provide for registration on all subsequent agreements of purchase and sale the following warning: t 'Purchasers are advised that despite the inclusion of noise control features within the development area and within the individual building units , noise levels may continue to be of concern occasionally interfering with some activities of the dwelling occupants ' ." The Northumberland-Newcastle Board of Education indicated that while a school site would not be required within the proposed subdivision, additional school accommodation would be required elsewhere to accommodate students from the development. The Peterborough-Victoria-Northumberland and Newcastle Board of Education i expressed an interest in acquiring Block "B" on the plan to expand the site of St. Stephen's school. The Durham Planning and Works Departments indicated that the proposal i - 4 - conforms with the provisions of the Durham Official Plan, but suggested that the plan be redcslgnated to .Lmprovc the configuration of the pro- '. posed open space block. The Bowmanville Public Utilities Commission advised that they had no objections to the proposed subdivision but that easements may be re- quired to permit the servicing of the site. '7he Central Lake Ontario Conservation Authority submitted the following comments : "The topography of the site of this proposal ranges from gently to moderately sloping. Lots 15 to 33 inclusive exhibit slopes in excess of 15% (10 ) . Soil type is classified as Newcastle clay loam which features fair internal drainage and a suscepti- bility to erosion when existing vegetation is disburbed. A small tributary of Bowmanville Creek flows through the north-east section of the proposal. The drainage area of this stream appears to be less than one-half a square mile; therefore, the method of relocating the flows associated with this watercourse should be in accordance with the local municipality 's standards/requirements. The Canada Land Inventory designates the site as Number One Agricultural. In view of the aforementioned, we would recommend this proposal receive draft approval and that it be subject to the following conditions : That the Subdivider's Agreement between the owner and the munici- pality contain provisions wherein the owner agrees : 1. to develop lots 15 to 33 inclusive, according to site plans. acceptable to the Central Lake Ontario Conservation Authority, 2. that prior to the initiation of any grading and/or construction. on the site the applicant shall: (i) prepare an engineering and drainage report acceptable to this Authority which will indicate the means whereby storm water will be conducted from the site and the means whereby erosion and siltation will be contained and minimized both during and after the construction period, and (ii) provide information to this Authority which will indicate the proposed location of all storm water outfalls and the intended measures to be taken to minimize erosion and siltation in the area of those works . In order to expedite the clearance of conditions 1 and 2, a note should be added to the conditions of draft appproval requesting that a copy of the signed Subdivider's Agreement be sent to the Central Lake Ontario Conservation Authority. " 1 - (` ) 5 _ The Newcastle Works Department recommended the following revisions and conditions : "I. That the Subdivider enter into a Subdivision Agreement with the Town of Newcastle and the Public Works Depart- ment be kept informed of the status of same at all times . 2. That all works be constructed to the current Design Criteria and Standard Drawings of the Town of Newcastle. 3. That any easements required by the Town of Newcastle be granted free and clear of any encumbrances. 4. That the proposed cul-de-sac be constructed to Town of Newcastle Standards. 5. That a 5 metier radius be placed at the intersections . 6. That the roadway in the vicinity of the east limit of the proposal be connected through Lots 56/57 and 76/77 in order that proper storm drainage can be achieved. 7. That the roadway in the vicinity of the west Limit of the Subdivision be moved further easterly away from the steep slope, and that the Lots back onto this slope." The Newcastle Building Department commented as follows: "1) The extreme difference in rear to front elevation of lots 15 - 32 inclusive could cause drainage problems and/or flooding to any dwelling erected thereon. 2) It would be difficult to locate a house on the small corner lots as shown. 3) A house could not be located on lots 3 - 7 inclusive. 4) None of the lots meet the frontage requirements of Zoning By-law 1587 for a General Residential Zone or any of the other 'R' zones. " The Newcastle Fire Department did not object to the proposed plan, but provided staff with a list of standards to be incorporated into the development of the site. The Newcastle Recreation Department (lid not object to the proposed plan. Canadian Pacific Railway objected to the proposed residential develop- ______ meat adjacent: to their existing railway right-of-way, but requested the following conditions if the subdivision were to be recommended for approval: r 6 - "l. the installation of a planted landscaped earth berm to abate the noise and buffer the visual effects of the railway operations. 2. lot- and building planning to situate the dwelling units in areas exposed least to the hilpact of railway operation. 3. a construction standard which consider acoustic insulation as set out by the Central Mortgage and Housing Corporation. 4. due to the proximity of the lots 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 . that the developer ensure there is no increase 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. 6. 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. It has come to our attention that the old highway No. 2 corridor running between the area to be subdivided and the C.P . Rail. right- of-way has come up for sale. We have no interest in acquiring this land ourselves, but if the land should be purchased by the Developer we would request that the following condition be imposed: 7. that a 6' high chain link fence be constructed and maintained along the common property line of the railway and the develop- ment by the developer at his expense, and the developer is made aware of the necessity of including a covenant running with the land, in all deeds, obliging the purchasers of the land to main- tain the fence in a satisfactory condition at their expense." COMMENTS-: Staff has no objection to the development of this site for resi- dential purposes, provided that the following issues can be resolved: 1. Noise The Ministry of the Environment has indicated that noise levels on this site are approximately 19dBA in excess of, or 4 *times louder than acceptable levels . However, we have been advised by the Ministry that the pro- ponent has expressed a willingness to undertake a comprehen- sive Noise Study, which would recommend noise attenuation measures to reduce indoor and outdoor noise levels to acceptable levels. The findings of this study, which would require approval by both the Town of Newcastle and the Ministry of the Environment would be incorporated into the terms of the subdivision agreement. 2. Topography The western Limit of the site has slopes in excess of 15%, with the rear lot line of lots 15 to 33, some 8 metres (26 feet) higher than the front lot line. On the proposed plan, the depths of these lots range from 39 to 48 metres (127 to 157 feet) . However, both the Building Division and the Works Department have expressed concern about the diffi- culties which would be encountered in lot drainage and house location on these lots . In order to resolve any potential problems with the site, it is suggested that the proposed plan be redesigned to provide an additional 20 metres of lot depth for lots 15 to 33 in order to provide more developable land. 3. Sewage Treatment Facilities Sewage Treatment Plan Capacity is available to service the sub- Ject lands, but we have been advised by the Durham Works Depart- ment that the Base Line sewer main is operating at capacity, so that the development of the proposed subdivision would require twinning of the Baseline main from Hunt Street to Liberty Street, as well as the construction of a pumping station. These facilities would be required by the Region as a condition of draft plan approval of the subject site. rr 8 - 4. Road Pattern The Newcastle Worlcs Department hus requested a revision to the proposed plan to provide a direct connection between Waverley Road and old Highway 2, to facilitate storm drainage. Since the established road pattern in the Waverley Gardens neighbourhood would not encourage the diversion of through traffic into the proposed subdivision, staff has no objection to the proposed revision. 5. Lot Sizes The plan presently proposes semi-detached lots with frontages as low as 18 metres (59.05 feet) ; and single family lots with frontages as low as 12 metres (39.2 feet) for interior lots and 13.5 metres (44,2 feet) for corner lots. These lot sizes are unacceptable to staff, because of potential problems in siting buildings. It is suggested that the plan be revised to provide minimum frontages as follows: 12.5 metres (41 feet) for single family interior lots 15 metres (49.4 feet) for single family corner lots 18.5 metres (61 feet) for semi-detached lots. A copy of a plan revised to accommodate these changes will be presented to the committee at the Meeting. RECOMMENDATIONS: It is respectfully recommended: I. That Draft Plan of Subdivision Number 18T-76025, dated December 11, 1978, be revised as follows: 5 . (q) - 9 - (a) that the proposed road allowance abutting lots 15 to 33 be relocated approximately 20 metres to the east to provide sufficient lot depth for proper grading and house location on the site. (b) that the two portions of road allowance in the eastern portion of the site be connected through lots 56 and 77. (c) that the minimum lot frontage for single family lots be increased to 12.5 metres for interior lots, and to 15 metres for corner lots. (d) that the minimum lot frontage for semi-detached lots shall be 18.5 metres. (e) that the portion of road allowance abutting lots 104 to 106 and 68 to 71 be deleted and that this area be relotted. 2. That 5 copies of a revised plan of subdivision incorporating these changes, suitable for submission as a draft plan to the Minister of lousing, be submitted to the Town of Newcastle i Planning Department for review. 3. That, once these revised plans have incorporated the requestad revisions, staff be authorized to inform the Minister of Housing that the Town of Newcastle recommends approval of application for subdivision number 18T-76025, subject to the following conditions : (a) That this approval shall apply to a draft plan, dated December 11, 1978, to be revised according to the recom- mendations of Report P-81-80 of the Corporation of the Town of Newcastle. (b) That the Road allowances in this draft plan shall be dedicated as public highways. 10 (c) That lots 3 to 7 be reserved for future development in conjunction with abutting lands . (d) That the Owners shall dedicate Block "C" to the Town of Newcastle for park purposes, under the provisions of Section 33(5) (x) of the Planning Act. (e) That the necessary amendment to the Restricted Area By-law of the former Town of Bowmanville shall 'be approved by the Ontario Municipal Board, in accordance with the provisions of Section 35 (10) of the Planning Act, or shall come into force pursuant to Section 35(25) of the Planning Act. (f) That such easements as may be required for utility or drainage purposes shall be granted free and clear of all encumbrances to the appropriate authority. (g) That the Owners agree in writing to satisfy all the re- quirements, financial and otherwise, of the Town of New- castle and the Region of Durham regarding the provision of roads, installation of services and drainage. (h) That the Owner shall engage the services of a consultant to complete an acoustical study recommending noise control features satisfactory to the Ministry of the Environment and the Town of Newcastle. (i) That the Owner shall convey Block "D" to the Peterborough- Victoria-Northumberland and Newcastle Board of Education for school purposes. i (}) That a 3 metre sLrlp of land along that portion of Waverley (toad abutting IOL 45 shall. be dedicaLed to the Town of Newcastle for road widening purposes . (k) That the Owner shall enter into a subdivision agree- menL with the Corporation of the Town of Newcastle to include, in addition to the usual requirements, the following provisions: (i) that the noise control features recommended by the acoustical report required by (h) above, and any features recommended by the Ministry of the Environment, shall be implemented by the Owner, to the satisfaction of the Ministry of the Environ- ment and the 'Town of Newcastle. (ii) that the Owner agrees to warn prospective purchasers of any lots for which such notification may be required by the Ministry of the Environment, of the proximity of the said lot to the main railway line of the Canadian Pacific Railway, and the fact that noise levels may be of concern to occupants, despite the inclusion of noise control features within the development and within the individual dwelling units. (iii) that the Owner agrees that, prior to the initiation of any grading and/or construction on the site, the Owner shall: (a) provide an engineering and drainage report accept- able to the Central Lake Ontario Conservation Authority and the Town of Newcastle, which will indicate the means whereby storm water will be contained and minimized both during and after the construction period, and 12 - (b) provide information to the Central Lake Ontario Conservation Authority which will indicate the proposed location of all storm water outfalls and the intended measures to be taken to minimize erosion and siltation in the area of those works. (iv) that the Owner agrees not to apply for a building J permit for any building or structure on lots 15 to 33 unless a lot grading and house location plan for the said lot has been approved by the Town of Newcastle and the Central Lake Ontario Conservation Authority. (v) that the Owner agrees to construct a 6 foot high chain link fence on the northern limit of the Highway 2 road allowance abutting the subject lands . 4. That staff be authorized to change the .lot and block numbers cited in these conditions of draft plan approval to reflect the corresponding lot and block numbers of the revised plans required by (2) above. Respectfully submitted, NJF:1b D. N. Smith, DJ.C.I.P. April 23, 1980 Director of Planning P HWY, N° 2 r� 4�a a I ) III II � I ) � ci .\ Q C) O Q o a i � a a w � z II MAT,]-' a BASE LINE ROAD i El i 71 N` 401 r{W Y• N KEY M P 0 400 800 1200 1600 rOIRMER TOWN OF BOWMANVILLE 400 200