HomeMy WebLinkAboutP-73-81 (Revised) IV i
�^A
c�A
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 APRIL
27, 1981.
REPORT NO. : P-73-81 (Revised)
SUBJECT: Proposed Plan of Subdivision, Courtice Heights
Deve-10-F-wents Lands eomprising part Lots 31 & 32,
Concession II, formerly in the Township of Darlington,
now in the Town of Newcastle, Minister's File 18T-76027
(R 771832) - Proposed Plan of Subdivision - Courtice
Heights Developments, Lands comprising part Lots 31,
Concession III, formerly in the Township of Darlington,
now in the Town of Newcastle, Minister's File 18T-76048
(R 771833)
RECOMMENDATIONS:
It is respectfully recommended:
1. That this Report be received; and
2. That the following resolution be forwarded to the
Ontario Municipal Board:
"The Town of Newcastle respectfully requests the
Ontario Municipal Board, to in future, advise the
Muni r i al
__..._� t�z.. of _an� ro_ io ctc tCL�.u_t_�.t�d a�pPr�-Cyd
n
of__draft__plan_ approval on subdivision plans_ HT-760.2.2
and 18T-76028 in order that the Town may advise the
Board as to the appropriateness of such extensions."
I
S &4 o
IV
2 -
BACKGROUND:
On March 30, 1981, Town staff received a copy of the
attached letter from the Ontario Municipal Board advising Mr. R.
Webb that the above-noted subdivisions (Courtice Heights Developments)
has been extended until June 12, 1982. Staff obtained a copy of
Mr. Webb's request (copy attached) subsequent to being notified of
the Board's decision (copy attached) .
COMMENT:
Staff feel that it would have been appropriate for the
Munieipal Beard to request the Town tee-,--ent on the @_Ivis _bi1ity
of the draft plan approval extension. This is normal procedure
through the Ministry of Housing, which usually administers subdivision
plans. Staff were anticipating recommending that the Municipal Board
be requested to extend the draft plan approval of the subject subdi-
vision and to make certain modifications to draft plan 18T-76027 in
accordance with past Council actions and conceivably in accordance with
the attached items concerning flood plains along the Robinson Creek.
On April 10, 1981, staff met with representatives of Courtice
Heights Ltd. in respect of this matter and on the general question of
the registration of portions of the Courtice Heights south plan. Repre-
sentatives of Courtice Heights have indicated that they wish to make a
submission to the Town in respect of possible changes to the draft plan
and the registration of the plan in part. Staff anticipate dealing with
these matters and outstanding concerns in respect of the plan at such
�J
i
3 -
time as a revised subdivision agreement has been negotiated with
and, executed by the proponents.
Respect ully submitted,
DNS:lb D. N. Smith, M.C.I.P.
April 15, 1981 Direp tor` of Planning
1 jjf a,
� 4
i
D. Sims
Acting Town Administrator
_5 A
Ontario
Ontario 416/965-1908 180 Dundas St. West
Municipal Toronto, Ontario
M5G 1E5
Board
Quote File Number
R 771832 (Part 1
R 771832 (Part 2)
R 771833
March 19, 1981
I Mr.
R.K. Webb,
Davis , Webb
Barristers , Solicitors
41 George Street South
BRAMPTON, Ontario
L6Y 1P4
Dear
Re : Proposed Plan of Subdivision
Courtice Heights Developments
Lands comprising part Lots 31
& 32 Concession II , formerly in
the Township of Darlington, now
in the Town of Newcastle , Minister' s
File 18T-76027 (R 771832)
Proposed Plan of Subdivision
Courtice Heights Developments
lands comprising part Lots 31
Concession III , formerly in the
Township of Darlington, now in
the Town of Newcastle , Minister' s
File 18T-76048 (R 771833)
Thank you for your letter dated March 5 , 1.981 .
Please be advised your request for a twelve month
extension for draft approval with respect to the
above-mentioned applications is granted for a
further temporary approval until June 12 , 1982-1//
Yours truly
VP4: ew C . Saruyama
Supervisor
Planninq Administration
T
DAVIS , WE-BB
DARRISTERS AND SOLICITORS MAR I
41 GEORGE ST. SOUTH
RONALD K,WEBB,Q.C. BRAMPTON, ONTARIO
THOMAS M. DUNN, C.C. L6Y I P4
CHRISTIAN G. SCHULZE, B.A.,LL.13.
BRUCE W.TINSLEY, B.A.,LL.B, TELEPHONES
J, DAVID OSTLER, D.A.,LL.B, DRAMPI-ON
JAMES R. INGLIS, B,B,A.,LL.B,
JUDITH A.SHALE, B.A.,LL.D. TORONTO 451-6714
AREA CODE 416
COUNSEL
BASIL T. CLARK,Q.C.
A,GRENVILLE DAVIS,Q.C.
(1916-1973)
March 5th, 1981.
Mr. Henry Stewart, Chairman,
Ontario Municipal Board,
1-80 Dundas Street West ,
Toronto, Ontario .
MSG 1E5
Dear Sir :
Re : Courtice Heights Developments
Town of Newcastle , Region of Durham:
Ontario municipal Board File No. R 771273,
R 771274 , R 771832 and R 771833
Under date -of June 12 , 1978 , the Ontario Municipal
Bo".IrO - 'ered it:; - d(--�cision with respect to the files referred
to above Two of the files related to a referral of an
applicat, )n for draft plan approval of two plans of subdivision.
After a 38 day hearing the Ontario Municipal Board gave
draft plan approval of the two proposed plans of subdivision
subject to conditions.
According to Section 33 , Subsection 12a of the Planning
Act the draft plan approval will expire on June 12 , 1981 unless
it is extended by the Ontario Municipal Board. We here-by apply
on behalf of our client for an extension of draft plan approval
for a period of at least 12 months.
The application for draft plan approval was supported
by the Council of the Town of Newcastle. The Council_ of_ the
Region of Durham did not oppose the application for draft plan
approval.
Draft plan approval was opposed by the Council of the
City of osha%qa and by Progeny Developments Limited, a land
developer or speculator owning land in the City of Oshawa. The
subject lands are located in the Town of Newcastle. The Courtice
2
Ato)
Page 2 DAVIS, WE130
Citizens Association also objected to the application for
draft plan approval.
The objections of -the Courtice Citizens Association
related to matters which would be attended to through the
subdivision agreement with the Municipality or other matters
which would be normally attended to after draft plan approval
and prior to final approval.
The objections of the City of Oshawa related to matters
which the Ontario Municipal Board. considered would be attended
to also prior to final approval.
The objections of the developer Progeny Developments
Limited did not appear to have any substantial merit.
In order that final approval of the two subdivisions
could be given it was necessary that easements be obtained from
other lands owners for storm water management purposes. Also
it was necessary to obtain lands for road improvements trom other
owners . our client, the proponent of the draft plans , entered
into an agreement with the Town of Newcastle pursuant to which
our client agreed to use its best efforts to obtain the easements
and the lands for road purposes. After lengthy negotiations it
turned out that our client was unable -to obtain those easements
and deeds. The -- of the Town of Newcastle then instructed
its to obta:Ln the easements and deeds, by expropriation if
necessaj l I The Town of Newcastle obtained the last of the deeds
or easemcIrits by agreement on February 27 , 1981. The Town and the
developers are now able to proceed -to satisfy the other conditions
that must be satisfied before final approval of the subdivision
plans can be obtained.
In these circumstances we would respectfully submit that
it would be appropriate and reasonable to extend the draft plan
approval for a period of at least 3.2 months.
Should you require further information or material we
will be glad to provide it.
Yours truly,
DAVIS , WEBB
Per :
RKW/j b R. K. Webb, n. C.
c. c. Garnet Rickard ,
Mayor of Newcastle
c. c. Mr. S. Freedman
c. c. Mr. A. Starkman
1_AK
)� 1. i
o
s R
q
q
TJON P _r;
CENTRAL LAKE ONTARIO CONSERVATION AUT'HORI'TY
1650 DUNDAS STREET EAST, WHITBY, ONTARIO. L1N 2K8 (416)579-0411
REF NO.
February 4, 1981 .
Mr. D. Smith,
Planning Director,
Town of Newcastle,
Hampton Hall ,
Hampton, Ontario.
Dear Sir:
Re: Proposed Plan of Subdivision 18T-76027
Town of Newcastle
At its regular meeting on February 3rd, 1981 , this Authority' s
Executive Committer- considered the attached report and directed the
writer to appraise your office of 'the matters raised therein.
Yours truly,
encl . W. M. Campbell ,
enera Manager.
pc: W. T. Foster, Director, Conservation Authorities BranS,h, ,
Ministry of Natural Resources
G. M. Farrow, Director, Plans Administration Branch,
Ministry of Housing / r
H. Wight, By- law Enforcement Officer, Building Department ,
filown of News istle
- -__--- ---- CENTRAL LAKE ONTARI, CONSERVATION AUTHORITY
f�
DATE : January 29, 1981 . 0�il
FILE:
MEMO TO: The Chairman and Members of the Executive Committee
FROM: W. M. Campbell , General Manager
SUBJECT: REPORT ON FLOODPL.AIN ENCROACHMENT - COURTICE
With the recent acquisition of floodplain mapping for the
Robinson Creek; in the Town of Newcastle, it has now become evident that
a portion of a proposed subdivision, Plan 18T-76027, encroaches within
the regional storm floodplain. This encroachment involves approximately
80 lots as shown on the attached plan with a potential maximum inundation
of 0.5 metres.
Since the watercourse gradient in this vicinity is very flat,
there are no reasonable stream improvements that could be effected to
remedy this situation. Also, this particular area is densely tree covered
and the Authority was involved in extensive negotiations to protect these
trees, and this therefore precludes the poss i b i I I ty of pI acin fill on the
site to raise its e evation, since such a measure would destroy its natural
amenities.
�through In an effort to reconcile this matter it is recommended tha t
specific site plan control in conjunction with the municipal Plan-
ning and Building Departments, that the minimum elevation of any opening
In any dwelling within the affected area be set at one foot above the
regional storm flood elevation, and that this be certified by an Ontario
Land Survey prior to the issuance of an occupancy permit.
Further, that since the floodplain mapping of this area was
undertaken through the Federal°Provincial Flood Risk Reduction program, and
since there has been considerable Ontario Housing Assistance Program support
for development in this area, there may exist some difficulty in complying
with the terra In the program Agreement which prohibits the subsidizing of
construction in flood hazard areas.
It is felt that this is a matter to be resolved between the
Ministry of Natural Resources and the Ministry of Housing.
RECOMI-IENDATION
I. THAT copies of this report be forwarded to the
Planning and Building Departments of the Town
of Newcastle with the request that they !impose
ameliorating controls as specified through the
site plan agreement, ,
2. THAT copies of this report be forwarded to the
Ministry of Natural Resources and the Ministry
of Housing, to be taken under advisement, with
the request that each agency keep the Authority
informed as to any developments concerning this
matter.
WMC/jmb
LAKE
4.raia'r
1'
�rL
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
February 10, 1981
Mr. W. M. Campbell, General Manager
Central Lake Ontario Conservation Authority
1650 Dundas Street
WHITBY, Ontario
Dear Sir:
Re: Report on Flood Plain Encroachment
Courtice - 18T-76027, Courtice Heights
South
We have received your letter of February 4, 1981. in
respect of the January 29, 1981 report to the C.L.O,C.A.
executive .
For you information, the -Town of Newcastle had a
"Subdivision Agreement" in respect of the development of pro-
posed subdivision 18T-76027. The Agreement expired in January
of 1981.
Prior to the final approval and registration of 18T-76027,
it will be necc-ssary for the owners to execute a "new' agreement
with the Town. It would be possible to include clauses in respect
of building elevation; within such a "new" subdivision agreement .
I will endeavour to recommend suitable changes to the Newcastle
Planning and Development Committee, at such time as a "new" sub-
division agreement in respect of 18T-76027 is considered. I hope
to use that Opportunity to also make specific recommendations about
the Town's financial position in respect of the Plan.
You may recall that 18T-76027 was granted draft plan
approval by the Ontario Municipal Board in the summer of 1978.
To the best of my knowledge, that draft plan approval will expire
in June of this year.
I
' �1
Mr. W. M. Campbell , General Manager - 2 - February 1.0, 1981..
I have suggested to the owners that certain requested changes
to the design of the subdivision plan (agreed to by the Town of
NewcasLle, but apparently never formally incorporated into the sub-
division approvals) could be recoimnended to the Ontario Municipal
Board for approval, at the time the Board is requested to consider
an extension to the draft plan approval. Presuming, of course, that
the Town does in fact request extension of the draft plan approval,
it might be possible for further design modifications to be requested
by the Town on behalf of the Authority. You may wish to consider this
possibility and to advise the Town accordingly.
Please do not hesitate to contact me if I can provide you
with any further information. I will forward a copy of this letter
to the representatives of 18T-76027 for their information along with
a copy of your February 4, 1981 correspondence.
Yours very truly,
DNS:lb D. N. Smith, M.C.I .P.
M rec:Lor o1' Planning.
C.C. td. T. Foster, Director, Conservation Authorities Branch
G. M. Farrow, Director, Plans Administration Branch
H. Wight, Chief Building Official, Town of Newcastle
Mayor G. B. Rickard
Councillor A. Cowman
Mr. D. Sims, Acting Town Administrator
tr. W. Manson