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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