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HomeMy WebLinkAboutP-188-80 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 COUNCIL MEETING OF NOVEMBER 3, 1980 REPORT NO. : 11- P-188-80 SUBJECT: One Fourth Investments - Proposed Draft Plan of Subdiv- ision 18T-76025 - Part Lot 14, Concession 1, Bowmanville Our File: S-A-2-4-1 BACKGROUND: The above mentioned plan was recommended for draft plan approval at the Planning and Development Committee meeting of October 9, 1980 (Report P-165-80 attached) . At that meeting, the Committee directed that a public meeting be convened "to consider the application prior to its adoption". (Resolution PD-324-80) . The Planning and Development Committee Meeting of October 27, 1980 was advertised as a public meeting in accordance with Committee's direction. No persons appeared in opposition to the proposed Plan. COMMENT: Planning staff feel that it would be appropriate for Council to proceed with the approval of the subject subdivision plan as recommended in staff report P-165-80. i - 2 - RECOMMENDATION: It is respectfully recommended that: 1. This report be received; and 2. That the recommendations in report P-165-80 be adopted. Respectfully submitted, /W/ �� DNS:lb D. N. Smith, M.C.I.P. October 28, 1980 Director of Planning .Y,• "1122 CORPORATION 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 COMMITTER 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- men a Ltd. , be tabled until the applicant has;, time to dialogue with the Director of anning. " 4 ' 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— ping 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 measure;; 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- 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 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 3 - development should be imposed as a condition of draft plan approval of the proposed subdivision. A portion of road allowance of Old Highway Z 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 Conununity 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 Conunission be contacted to determine their requirements in respect of a wood P pole hydro line which crosses the subject portion of the road allowance, and that the applicant be advised to apply to the Town Works Committee to request that the open portion of the subject road allowance be closed by By-law. The Town Manager indicated that lie would have no objections to 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 allowance. (staff note that the Canadian Pacific Railway owns the property to the north of the subject portion of road allowance, and that comments 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 recotmnended: 1. Thal this report be received for information; 2. That staff report P-81-80 be lifted from the table and received for information; t 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 subdiviuion Number IBT-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, 'a 1.07 acre block for school purposes and a 5 acre apartment block; (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 aboUing Town--owned lauds; 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; Q) that the Owners shall dedicate Block "C" to the Town of Newcastle for park purposes, pursuant to Section 33(5) (a) of the Planning Act; I (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 G - of Section 35 (7.0) 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; GO 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; I (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 (i) that the noise control features recommended by the i acoustical report required b P q y (i) above, and any features I 7 - recommended by the Ministry of the Environment, shall be implemented by the Owner, to the satis- faction of the Ministry of the Environment and the the Town of Newcastle; that the Owner agrees to warn prospective purchasers of any lots for which such notification may be re- quired 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; 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 tie contained and minimized both during and after the construction period, and (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; I p (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 ; NO 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 i 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, NJFtlb D. N. Smith, M.C.I.p. MCI. Director of Planning