HomeMy WebLinkAboutPD-172-92
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DN: 18T90010.GPA
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Meet„~~: General Purpose and Administration Committee Ffie ~ ~-~ ~p~~° ~c~~'~
Date: Monday, July 20, 1992 ~ -
PD-172-92 18T-90010 (X-REF: DEV 90-014) D~®Lat~t
Fte~ort Fate
Subject: PROPOSED PLAN OF SUBDIVISION AND REZONING APPLICATION -
RIDDICORP INVESTMENTS LIMITED
PART LOT 30, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON
FILE: 18T-90010 (X-REF DEV 90-014)
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It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-172-92 be received;
2. THAT the proposed Plan of Subdivision application submitted
by D.G. Biddle and Associates on behalf of Kiddicorp
Investments Limited proposing 250 units be APPROVED as per
Attachment # 4 and subject to the conditions contained in
Attachment No. 1;
3. THAT the Mayor and Clerk be authorized by By-law to execute
a Subdivision Agreement between the applicant/owner and the
Town of Newcastle at such time the agreement has been
finalized to the satisfaction of the Director of Public
Works and Director of Planning;
~ 4. THAT the attached amendment to By-law 84-63, as amended, be
APPROVED and that the "Holding (H)" symbol be removed by By-
law upon execution of a Subdivision Agreement;
~ 5. That the Region of Durham Planning Department be advised of
~ the decision of Council and that a copy of the report be
forwarded to the Regional Planning Department.
6. THAT the interested parties listed in this report and any
delegation be advised of Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: Kiddicorp Investments Limited
1.2 Agent: D.G. Biddle and Associates Limited
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YI VIS IS' Vlii~flED IXV HFGYCLEU PAPER
REPORT NO. PD-17~-92 PAGE 2
1.3 Proposed Plan of Subdivision:
proposing to develop 54, 12.0 m frontage single
family dwelling lots; 24, 15.0 m frontage single
family dwelling lots; 62, 18.0 m frontage semi-
detached/link lots (124 units); and 48, 6.0 m
frontage on-street townhouse units. Total 250
units.
1.4 Rezoning Application:
from "Holding Urban Residential Type One ((H)R1)"
to an appropriate zone to permit the above-noted
proposed plan of subdivision
1.5 Land Area: 16.7 ha (41.27 acres)
2. LOCATION
2.1 The subject property is located in Part Lot 30, Concession
2, in the former Township of Darlington. The lands are
described as being generally south of Sandringham Drive,
east of Trulls Road, north of Bloor Street and west of
Courtice Road. The applicants total holdings equals 24.69
ha. of which 7.985 ha are currently outside the existing
urban boundary and are not subject to the above referenced
applications.
3. BACKGROUND
3.1 Both the rezoning and proposed draft plan of subdivision
applications were received. by the Town of Newcastle Planning
and Development Department in January of 1990. The two
applications have been circulated and processed
concurrently. In support of the proposal, the proponent
submitted an environmental noise impact statement to address
the projected noise environment for the development and to
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REPORT NO.: PD-172-92 PAGE 3
investigate potential noise control features for specific
lots. The study suggests Trulls Road to be the only noise
source of consequence for the development, and that the
noise levels projected from Trulls Road can be mitigated to
satisfy Ministry of the Environment standards for all
outside amenity areas.
4 EXISTING AND SURROUNDING USES
4.1 The subject site is a well vegetated parcel of land with all
farm structures having been demolished.
4.2 Surrounding land uses are as follows:
South: primarily vacant and agricultural land with a
place of worship and limited scattered residential
uses fronting on Trulls Road.
East: vacant lands subject to residential development
applications.
North: limited residential uses fronting on Trulls Road,
a small commercial establishment and vacant lands
subject to development applications.
West: existing residential subdivision development lOM-
820, 10M-821 and lOM-834, as well as limited
residential uses fronting on Trulls Road.
5 PUBLIC MEETING AND RESPONSE
5.1 Pursuant to Council's resolution of July 26, 1982 and the
requirements of the Planning Act, the appropriate signage
acknowledging the application was installed on the subject
lands. In addition the appropriate notice was mailed to
each landowner and tenant within the 120 metre prescribed
distance. The required public meeting for the rezoning
application was held April 23, 1990. No one appeared in
opposition at that time.
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REPORT NO. PD-172-92 PAGE 4
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6 OFFICIAL PLAN POLICIES
6.1 Within the existing Durham Regional Official Plan the
subject property is designated "Residential" within the
Courtice Urban Area. The residential policies allow for a
variety of housing styles and types. This application would
appear to conform.
6.2 Within the June 1991, Durham Regional Council approved
Official Plan, the subject lands are designated as "Living
Area" within the Courtice Urban Area. The policies for the
living area designation are similar to the residential
policies of the previous plan. This application would
appear to conform.
6.3 Within. the Courtice Urban Area section of the Town of
Newcastle Official Plan the subject property is located
within neighbourhood "2C" and designated "Residential". The
predominant use of lands within said designation shall be
for housing purposes. The application is comprised of
blocks for school and park purposes and proposes a total of
250 residential units with a gross residential density of
14.96 units per hectare. The 250 units would generate
approximately 725 persons, which may be accommodated within
the 2500 person population target. The application provides
a range of housing types and appears to be in conformity
with the policies of the local plan.
6.4 Within the Courtice South Neighbourhood Development Plan,
the subject lands are designated "Residential". A
neighbourhood park and elementary school site are also
designated in the vicinity of the application and provided
for by this application and the abutting proposed
subdivisions. It is noted that the Neighbourhood Plan does
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REPORT NO. PD-172-92 PAGE 5,
not provide any guidance for density. In the absence of
specific densities, determination of the number of units to
be permitted will be determined based on the population
target of 2500 persons to be distributed to all developable
areas in the neighbourhood. In this regard, this proposal
is in excess of the permitted amount by approximately 36 '
units. However, since the proposed subdivision is adjacent
to the designated central area to the north, a slightly
higher density for this subdivision is reasonable to take
advantage of the various future retail and central area
functions and amenities to be located nearby. Staff is
satisfied that the slightly higher density proposed does not
jeopardize the intent of the Neighbourhood Plan.
6.5 Staff have also reviewed the subdivision within the context
of the draft municipal housing policies and is satisfied
that the proposed subdivision is providing a variety of
housing mix as envisaged by the draft policies.
7 ZONING
7.1 The current zoning on the subject property is "Holding-
Urban Residential Type One ((H)R1)". Subject to the removal
of the holding (H) symbol, said zone would permit the
development of both singles and semi-detached/link units on
15.0 and 18.0 metre lots respectively. In addition to the
above type of units, the applicant is proposing to develop
on-street townhouses and 12.0 m singles. An application for
a zoning by-law amendment is necessary.
8 AGENCY COMMENTS
8.1 In accordance with departmental procedure the subject
application was circulated to a number of agencies and
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REPORT NO. PD-172-92 PAGE 6,
departments for comment. The Separate School Board advised
they had no objection to the subdivision application as
proposed.
8.2 The Fire Department commented that the site falls within the
response area of Station # 4, Courtice. With the continued
growth in this area, future expansion to fire protection
should address the needs that such growth will necessitate.
8.3 Community Services Department Staff advised they have no
objection to the application subject to the following
conditions. That the entire neighbourhood park be dedicated
to the Town prior to execution of the Subdivision Agreement
by the Town. That prior to the owner requesting issuance of
Building Permits for more than 50% of the dwellings
permitted in this subdivision, access to the park block by
' way of road access or easement which is acceptable to the
Director of. Community Services be provided.
8.4 The Town of Newcastle Public Works Department reviewed the
subject application and offered no objection in principle to
the proposal subject to conditions. Conditions of approval
included identifying the location of temporary turning
circles and lots which are not eligible for building permits
until roads are extended beyond the limits of this plan.
The applicant shall ensure all storm drainage works
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REPORT NO. PD-172-92 PAGE 7
necessary for this plan are to be constructed in accordance
with the draft Robinson Creek Master Drainage Study. The
applicant will be required to pay the Town for the cost of
oversizing the storm sewer and storm drainage works to serve
drainage of this plan.
8.5 The Central Lake Ontario Conservation Authority Staff
reviewed the application and advised that subject site is
within the Robinson Creek watershed. A Master Drainage Plan
was being prepared for the creek at the time of the
comments. Authority Staff were not in objection with the
principle of the proposed storm servicing scheme, however
required further information prior to issuance of final
approval. CLOCA Staff also suggested the preparation of a
tree preservation report in an attempt to preserve much of
the forested cover on the park and school blocks. Authority
Staff provided conditions to be included in the draft
approval of the application.
8.6 The Ministry of Natural Resources advised they have no
objection in principle to the development, however resource
concerns were identified. The subject property falls within
the Robinson Creek watershed. Said creek provides a habitat
for the production of warm water bait fish species. Due to
the significance of this fish habitat function Ministry
Staff were concerned with the potential for water quality
degradation. The developer was therefore required to submit
stormwater management plan for the review and approval of
Ministry Staff. In addition, a number of conditions were
specified for inclusion in the terms of Draft Approval.
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REPORT NO. PD-172-92 PAGE 8,
8.7 The Ministry of Environment noted no objection to the
proposal as submitted, however further advised that a well
monitoring program would be appropriate in consideration of
the well interference which has occurred in the past in this
general area.
8.8 The Public School. Board advised that members of the Board of
Education raised some concerns over the proposed 250 unit
subdivision. The Board has requested that should approval
be given, that sidewalks be provided on main interior roads
as well as Trulls Road. The Board request assurances that
the entire school site be available when the Board is
prepared to construct a school. Lastly, the School Board
asks that all land owners enter into an option to purchase
agreement with the Board prior to registration of the
Subdivision Agreement.
8.9 The Region of Durham Works Department advised that the
proposed densities could be accommodated within the existing
system. Regional Staff requested a 5.18 m road allowance
widening across the total frontage of the subject lands on
the future regional road (Trulls Road), as well as site
triangles and reserves. However, it was noted that a section
of 450 mm sewer located beneath Prestonvale Road must be
replaced with a 675 mm pipe by the developer at his cost in
order for this proposal to proceed.
8.10 Ontario Hydro has no objection to the application provided
that any relocations or revisions to Hydro facilities which
are necessary to accommodate this subdivision will be borne
by the applicant.
9 STAFF COMMENTS
9.1 The application proposes to create 250 units on
approximately 16.7 ha of land for a density of 14.9 units
per gross ha. Although this density and the number of units
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REPORT NO. PD-172-92 PAGE 9,
are slightly higher than what the local official plan and
neighbourhood plan originally contemplated, this application
is deemed to be in conformity. Servicing capacity is
available for the lands without negatively impacting the
ability to develop future lands in the neighbourhood or in
the urban area. Furthermore, the lands are located
immediately adjacent to the Community Central Area as
designated in the local official plan, and the Main Central
Area designation in the Regional Council adopted Durham
Official Plan. Lands in this vicinity are likely to develop
at a higher density than originally considered in the
current Newcastle Official Plan.
9.2 The subdivision is designed in keeping with the
neighbourhood plan. It proposes two access points to Trulls
Road, provides for a service lane as opposed to reverse
frontage abutting Trulls Road and has single family dwelling
lots only fronting on the two collector roads (Sandringham
and Avondale). As well, in keeping with the neighbourhood
plan, the proposed subdivision designates blocks of land for
the majority of the school block and a portion of the park
block.
9.3 The application submitted proposes a healthy mix of
residential units. The 250 units proposed are categorized
as follows, 19% are to be on-street townhouses, 50% semi-
detached/link units and 31% single family dwelling units.
This breakdown of units should allow the developer to
satisfy the goals of the Town's Municipal Housing Statement
and those of the Ministry of Housing regarding the provision
of affordable housing.
9.4 The subject lands, although within the Courtice urban
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REPORT NO. PD-172-92 PAGE 1Q
boundary, are located in the vicinity of lots serviced by
private water and sanitary sewer systems. The developer, as
a condition of approval, shall undertake a ground water
monitoring program prior to development and provide
compensation to any individual, whose private water supply,
is negatively impacted by the development of these lands.
In addition, prior to final approval of said plan and any on
site grading the owner is required to submit a tree
preservation plan. The plan shall detail all trees of
significance and clearly identify which trees will be
preserved. In addition, the report will address the reasons
for removing those trees identified as being significant.
9.5 As mentioned previously the proponent has submitted an
environmental noise impact statement in support of the
application. Said report has been reviewed and approved by
staff at the Region of Durham. Town staff have also
reviewed the report and believe the findings and
recommendations to be acceptable. The report has provided
alternative noise mitigation measures for the outdoor living
area of specific lots (lots 1, 125 and 136). Staff do not
consider the first option of a 2.2 m high fence acceptable
and recommend the second alternative be implemented which
utilizes a more creative design for the corner dwellings to
reduce the noise level in the outdoor living area.
10 CONCLUSION
10.1 In consideration of the comments received from the
circulated agencies as well as the comments from Planning
staff, it is recommended the proposed plan of subdivision be
approved subject to the conditions contained in Attachment
No. 1 attached hereto, and that the application for zoning
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REPORT NO. PD-172-92 PAGE 11,
by-law amendment be approved and that the "Holding (H)"
symbol be removed at such time the applicant has entered
into an agreement for the development of the plan of
subdivision.
Respectfully submitted, Recommended for presentation
to the Committee
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Franklin Wu, M.C.I.P. Lawrence E. Kots-f
DIrector of Planning Chief Administr t' e
and Development Officer
CP*FW*CC
Attachment # 1 - Conditions of Approval
Attachment # 2 - Proposed Neighbourhood Development
Attachment # 3 - Plan as submitted
Attachment # 4 - Plan as Red Lined revised
8 July 1992
Interested parties to be notified of Council and Committee's
decision:
Kiddicorp Investments Ltd. D. G. Biddle & Associates Ltd.
1748 Baseline Road West 96 King Street East
Courtice, Ontario LlE 2T1 Oshawa, Ontario L1H 1B6
Michael Freedman Dekkema - Gervais
Bonnyden Limited Parkway Corporate Centre
7111 Dufferin Street 100 Allstate Parkway
THORNHILL, Ont. L4J 2K2 Suite 501
MARKHAM, Ontario L3R 6H3
290572 Ontario Limited
Attention: Wayne Jeffrey
58 Rossland Road West
OSHAWA, Ontario
L1G 2V5
ATTACHMENT NO. 1
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
PLAN IDENTIFICATION
1. That this approval applies to draft Plan of Subdivision 18T-90010 prepared by D. G. Biddle
and Associates Limited dated (revised) May 1992, (and further revised in red as per the
attached plan) showing 78 lots for single family detached dwellings, 62 lots for semi-detached
or linked dwellings (124 units), Blocks 141 to 146 inclusive for 48 on-street townhouse
dwelling units, Block 165 for park purposes, Block 164 for school purposes, and various
blocks for future development, 0.3 m reserve, road widening, site triangle etc.
FINAL PLAN REQUIREMENTS
2. That all streets within the Plan of Subdivision shall be dedicated as public highway and
shown as such on the final plan.
3. That all streets shall be named to the satisfaction of the Town of Newcastle and shown on the
final plan.
REDUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT
4. That the Owner shall retain a qualified landscape architect to prepare and submit a
Landscaping Plan to the Director of Public Works and the Director of Planning and
Development for review and approval. The Landscaping Plan shall reflect the design criteria
of the Town as amended from time to time.
5. That the Owner shall retain a qualified Engineer to prepare and submit a Hydrogeologist
Report to the Director of Planning and Development to demonstrate that the proposed
development will not adversely impact the existing wells in the surrounding areas.
6. That the Owner shall retain a professional engineer to prepare and submit a Master Drainage
and Lot Grading Plan to the Director of Public Works for review and approval. All plans and
drawings must conform to the Town's Design Criteria as amended from time to time.
7. That the Owner shall retain a qualified consultant to prepare and submit a Tree Preservation
plan to the Director of Planning and Development for review and approval.
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CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION.
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT
8. That the Owner shall enter into a Subdivision Agreement with the Town and agree to abide
by all terms and conditions of the Town's subdivision agreement, including, but not limited to,
the requirements that follow.
9. That all easements, road widening, and reserves as required by the Town shall be granted to
the Town free and clear of all encumbrances.
10. (a) That the entire neighbourhood park comprising Block 165 of Plan 18T90010 dated
May 1992, Block 23 of Plan 18T90022 dated August 20, 1990 and Block 182 of Plan
18T87092 dated July 31, 1992 shall be dedicated to the Town prior to the execution
of the Subdivision Agreement by the Town.
(b) Prior to the owner requiring issuance of Building Permits for more than 50% of the
dwellings permitted in this subdivision, the entire Neighbourhood Park must front on
at least 30 metres of street frontage on a constructed and fully serviced public street.
(c) That the owner transfer to the Town a temporary easement of access to the public
park from Avondale Drive over a portion of the School Block shown on the Plan of
Subdivision which is acceptable to the Director of Community Services.
11. That the Owner shall pay to the Town, development charge in accordance to the
Development Charge By-law as amended from time to time.
12. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc.
as per the Town's standards and criteria.
13. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be
buried underground.
14. That the Owner shall provide the Town, at the time of execution of the subdivision agreement,
unconditional and irrevocable Letters of Credit acceptable to the Town's Treasurer, with
respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other
guarantees or deposit as may be required by the Town.
15. That the Owner shall adhere to architectural control requirements of the Town.
16. That prior to the issuance of building permits, the Owner shall, through its acoustic engineer,
provide certification to the Director of Planning, certifying that the Builder's plans are in
accordance with the Noise Control Report as approved by the Ministry of the Environment,
Region of Durham and the Town of Newcastle.
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CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D~
17. That prior to the issuance of building permits, access routes to the subdivision must be
provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and; that all watermains
and hydrants are fully serviced and the Owner agrees that during construction, fire access
routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of
combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per
Subsection 2.6.3.4 of the Ontario Fire Code.
18. The Owner agrees that where the well or private water supply of any person is interfered with
as a result of construction or the development of the subdivision, the Owner shall at his
expense, either connect the affected party to municipal water supply system or provide a new
well or private water system so that water supplied to the affected party shall be of quality
and quantity at least equal to the quality and quantity of water enjoyed by the affected party
prior to the interference.
19. That no building permit be available to blocks 158 inclusive to 162 until such time the un-
named street becomes a through road, and a temporary turning circle shall be constructed at
the terminus of the un-named street, directly abutting blocks 159 and 160.
20. That no building permit be available to blocks 154 and 155 until such time as Avondale Drive
becomes a through road.
21. That lots 1 to 7 inclusive, lots 17, 18 and 19 and block 147 are frozen until such time
Sandringham is constructed to intersect with Granary Lane and completed to a full urban
cross-section.
22. That the storm drainage for this plan be in accordance with the Courtice Height South Master
Drainage Plan and that the storm drainage works necessary for this plan be constructed in
accordance with the "Draft" Robinson Creek Master Drainage Study, dated January 1991,
prepared by G.M. Sernas & Associates Limited and as finally approved by the Director of
Public Works.
23. That the applicant, pay the Town for the cost of oversizing the storm sewer and storm
management works to service the drainage of this plan of subdivision, as defined in the
Newcastle Co-Tenancy Cost Apportionment Report, dated October 1991, prepared by G.M.
Sernas and Associates Limited and as finally approved by the Director of Public Works.
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CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION,
REGIUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT ICONT'D~
24. That the subdivision agreement contain a "staging plan" and all necessary provisions that will
control the sequential development of this subdivision in conjunction with the construction of
Trulls Road. Consideration shall be given to the number and nature of accesses to Trulls
Road necessary to accommodate the traffic generated from this subdivision, and any external
works or services necessary to service this development to the satisfaction of the Director of
Public Works.
25. That all the conditions of the Central Lake Ontario Conservation Authority be satisfied
financially or otherwise.
26. That all the conditions of the Ministry of Natural Resources be satisfied financially or
otherwise.
27, That all the conditions of the Ministry of the Environment be satisfied financially or otherwise.
28. That all the conditions of the Northumberland and Newcastle Public School Board be
satisfied financially or otherwise.
2g. That a 0.3 m reserve de dedicated to the Town of Newcastle free and clear of all
encumbrances along Lot 33 abutting "Avondale Drive":
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 92-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the
Town of Newcastle.
WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend By-
law 84-63, as amended, of the Corporation of the Town of Newcastle in accordance with DEV 90-014
to permit the development of 250 residential units.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle
enacts as follows:
1. Schedule "4" to By-law 84-63 as amended, is hereby further amended by changing the zone
category as follows:
from "Holding Urban Residential Type One ((H)Ri)" to "Holding Urban Residential Type Two
((H)R2)"; and
from "Holding Urban Residential Type One ((H)Ri)" to "Holding -Urban Residential Type
Three ((H)R3)".
as indicated on the attached Schedule "A" hereto.
2. Schedule "A" attached hereto shall form part of this By-law.
3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions
of Section 34 of the Planning Act.
BY-LAW read a first time this day of 1992.
BY-LAW read a second time this day of 1992.
BY LAW read a third time and finally passed this day of 1992.
MAYOR
CLERK
This is Schedule "A" to By-law 92 - ,
passed this ~ day, of ,1.992 A.D.
LOT 30 0~~~
_- ;s CONCESSION y,~-
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~ ' ZONING CHANGE FROM
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~ ZONING CHANGE FROM
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e 1 .
4/NO 1377/ 1 .,i:; .+t:+F;y
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LOT ? ~ i ! i i LOT Mayor
r ~ ~
Clerk
®SUBJECT SITE ®OTHER LANDS OWNED BY APPLICANT
LOT 31 LOT 30 LOT 29
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