HomeMy WebLinkAboutPD-12-93
THE CORPORATION
DN: KIDDICORP.GPA
THE TOWN OF NEWCASTLE
Meeting: General Purpose and Administration Committee
Monday, January 18, 1993 Res. ~
Date: # ~-L5
PD-12-93 DEV 91-046 & 18T91013
#: File #:
Subject: DRAFT PLAN OF SUBDIVISION AND REZONING APPLICATION
KIDDICORP INVESTMENTS LIMITED - SAGEWOOD PHASE 2
PART LOT 14, CONCESSION 1, BLOCK 98 OF REGISTERED PLAN 10M-833,
FORMER TOWN OF BOWMANVILLE
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-12-93 be received;
2. THAT the proposed Draft Plan of Subdivision 18T-91013 as
revised and dated December 14, 1992, be APPROVED subject to
the conditions contained in Attachment #1 of this Report;
3. THAT the Mayor and Clerk be authorized by By-Law, to execute
a Subdivision Agreement between the Owner and the Town of
Newcastle at such time as the agreement has been finalized to
the satisfaction of the Director of Public Works and the
Director of
4. THAT the attached amendment to the Town of Newcastle By-Law
84-63 be APPROVED and that the "Holding (H)" symbol be removed
by By-Law upon execution of a Subdivision Agreement;
5. THAT a copy of this Report and Council's decision be forwarded
to the Region of Durham Planning Department; and,
6. THAT the interested parties listed in this report as well as
delegations be advised of Council's decision.
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1. APPLICATION DETAILS
1.1 Applicant: Kiddicorp Investments Ltd.
1.2 Agent:
D.G. Biddle & Associates
....2
Il~CAYrCELI~D
PAPIER
IlECYClE
T1HS LS PHltlTEO ON rlECYCLED P^PEn
REPORT NO. PD-12-93
PAGE 2
1.3 Rezoning:
From "Holding-Urban Residential Type 4 (H-R4)"
to "Holding-Urban Residential Type 3 (H-R3)"
to implement conditions of draft approval for
a 117 street townhouse subdivision.
1. 4 site Area:
4.13 hectares (10.21 acres)
2. LOCATION
2.1 The subject property is a 4.13 hectare (10.21 acre) parcel
located in Bowmanville, west of Rhonda Avenue, south of
McCrimmon Crescent, east of Regional Road 57 and north of the
existing st. Stephen's Separate School. For orientation
purposes, the lands are situated south of Highway 2 and west
of Waverly Road in the southwest portion of the Bowmanville
Urban Area. In legal terms, the property is known as Part Lot
14, Concession 1, Block 98 of Registered Plan 10M-833, in the
former Town of Bowmanville. This draft plan of subdivision
constitutes Phase 2 of the Registered Sagewood Plan of
Subdivision 10M-833.
3 BACKGROUND
3.1 The original application was made on August 20, 1991 by
D.G. Biddle & Associates with the Town of Newcastle on behalf
of Timber Bay Properties Inc. to amend the Town of Newcastle
Comprehensive zoning By-Law 84-63. The purpose of the
application is to down zone the existing "Holding-Urban
Residential Type 4 (H-R4)" zone to facilitate the development
of a 117 street townhouse subdivision. As Timber Bay
Properties Inc. has relinquished its interest in this property
last year, Kiddicorp Investments Ltd. has now become the
applicant.
3.2 The original application for a Plan of Subdivision (sagewood -
....3
515
REPORT NO. PD-12-93
PAGE 3
Phase 1), as submitted by Kiddicorp Investments Ltd., was
circulated to the Town of Newcastle by the Region of Durham in
April of 1987. The application proposed the creation of 52
single family lots, 88 semi-detached units and 144 townhouse
units totalling 284 residential units. In addition, the Plan
proposed a 1.21 hectare Neighbourhood Park and a 0.68 hectare
block for the expansion of st. Stephen's Separate School
immediately to the south of the Plan.
3.3 Registered Plan 10M-833 has resulted in the potential
development of 52 single family and 94 semi-detached
dwellings. The developer has satisfied his parkland
dedication requirements in excess of the 5% required under the
Planning Act by providing the Town with a 1. 21 hectare
Neighbourhood Park (Block 99) while the st. Stephen's Separate
School to the south will retain a 0.68 hectare parcel (Block
100) for expansion purposes. Block 98, for which 144
townhouses 'were originally proposed, is the subject of this
rezoning and draft plan of subdivision application.
4 EXISTING AND SURROUNDING USES
4.1 Existing site Uses: Vacant
4.2 Surrounding Uses:
East: Registered Plan 10M-833, Phase 1 - existing
and future single family dwellings
North: Registered Plan 10M-833, Phase 1 - existing
and future single family. and semi-detached
dwellings
Existing single family residential
Neighbourhood park and vacant land parcel
West:
South:
....4
116
J .
REPORT NO. PD-12-93
PAGE 4
5 OFFICIAL PLAN POLICIES
5.1 within the existing Durham Region Official Plan, the subject
lands are designated "Residential". These lands have been
determined predominantly for residential uses. Complementary
uses such as schools and parks are also permitted.
5.2 The Town of Newcastle Official Plan (Bowmanville Major Urban
Area) identifies the subject property with a "Medium Density
Residential" symbol which permits a density range of 30 to 55
units per net residential hectare. The subdivision as
proposed would develop at a density of 37.1 units per net
residential hectare. This value is within the development
density range permitted under the "Medium Density Residential"
category.
6 ZONING BY-LAW CONFORMITY
6.1 The subj ect. lands are currently zoned "Holding-Urban
Residential Type 4 (H-R4)" by the Town of Newcastle
Comprehensive Zoning By-Law 84-63 which permits an apartment
dw.elling..........suhj.ec.t......to..the.....r.emoval............of.the.....Holdingsymbol. ... As
street townhouses are not permitted wi thin this category, the
applicant has applied to rezone the subject lands to
facilitate this development. A "Holding-Urban Residential
Type 3 (H-R3)" zone constitutes an appropriate category. The
"Holding (H)" symbol will remain and will be removed once the
applicant has negotiated a Subdivision Agreement to the
satisfaction of the Director of Public Works and the Director
of Planning.
7 PUBLIC NOTICE AND SUBMISSION
7.1 Pursuant to Council's resolution of July 26, 1982 and
requirements of the Planning Act, the appropriate signage
acknowledging the application was erected on the subject
....5
t) 1 7
REPORT NO. PD-12-93
PAGE 5
lands. The required notice was mailed to each landowner
within the prescribed distance. A Public Meeting regarding
the application was held on November 18, 1991.
7.2 Although there were no objections at the Public Meeting,
Mr. George Vice who resides at 34 Martin Road, immediately
southwest of the proposal, raised some concerns. He is
concerned about the slope stability of Blocks 5 to 9 inclusive
and requests that the Town maintain an adequate slope behind
his home. The developer should also be held responsible for
any well interference problems which might arise. Finally,
Mr. Vice has requested that fencing be installed along the
eastern and northern boundaries of his property. It is noted
that the conditions of draft approval contained in this report
address all of Mr. vice's concerns.
7.3
No written submissions or objections regarding this proposal
have been received from the public. A number of counter and
telephone inquiries have been entertained from adjacent
residents......... Informationreques.ted~has~commonl.y~..~related~~toc.~c.~c
subdivision layout and residential unit characteristics as
well as the park size to be dedicated by the developer south
of the subject lands.
8 AGENCY COMMENTS
8.1 According to departmental procedures, the application was
circulated to solicit comments from other departments,
Ministries and agencies. Through various discussions which
have taken place, commenting agencies are generally satisfied
that any possible issues or concerns can be mitigated.
8.2 The Town of Newcastle Public Works Department has no objection
in principle to the development but lists the following
. . . .6
518
REPORT NO. PD-12-93
PAGE 6
8.3
8.4
8.5
8.6
conditions of approval. The developer must ensure that all
works and services are designed and constructed to the Town's
satisfaction and design criteria and that all requirements as
prescribed by the Director of Public Works, financial and
otherwise, are met.
The Department of community Services has no objection to the
development. The existing Subdivision Agreement for Sagewood
Phase 1 requires the developer to prepare a Park Master Plan
and develop the 1.21 hectare park on Block 99. However, the
community Services Department requires that appropriate
fencing be constructed between the park contained on Block 99
and this application. In addition, the storm water quality
pond must be located and constructed on Block 21 and part of
Block 99 so as to provide a minimum of 50.0 m of unobstructed
frontage along Block 99.
The Town of Newcastle Fire Department indicates that the
proposal lies within the response area of station #1. Prior
t0ccG0nst~uGti()n.G()mmenGing..,~~alcLcacce.ss=roads..~mus.t.~.becc.f.ul.l.1l
constructed and adequate water for fire fighting purposes must
be available.
The Ministry of Natural Resources has reviewed the application
and offers no objections subject to the following conditions.
The developer agrees to construct and maintain all storm water
quality, erosion and sedimentation control structures in good
repair during the construction period in a manner satisfactory
to the Ministry.
The Central Lake ontario Conservation Authority
application subject to the following conditions.
commencement of site preparation, the Authority
supports the
Prior to the
must approve
....7
:) 1 9
REPORT NO. PD-12-93
PAGE 7
8.7
8.8
8.9
8.10
9
9.1
all site grading and erosion control plans.
report examining slope stability and drainage
9 must also be approved and implemented.
An engineering
for Blocks 5 to
The Durham Region Planning Department indicates that the
application appears to conform to the relevant Official Plan
policies. The Durham Regional Public Works Department has
indicated that water supply and sanitary sewer services for
the site are available from Rhonda Boulevard.
C.P. Rail opposes any development along its railway right-of-
way. It should be noted that the subject lands are in excess
of 185 m south of the rail line. In its review, the Ministry
of Environment had no objections to the application nor any
requirements for noise attenuation.
The Northumberland and Newcastle Board of Education has no
objections to this application. students generated by this
subdivision would walk to Waverly Public school. The Board
.requires.....that.interiorsidewalks .. andsidewalks..~..al()ng.Rhonda.......
Boulevard be constructed.
The balance of the commenting agencies which includes the
Newcastle Hydro-Electric commission, the Separate School
Board, Ministry of Environment and Bell Canada all have no
objection or concerns to the proposal.
STAFF COMMENTS
The Ministry of Natural Resources requires that the developer
construct a storm water quality pond to treat storm water
generated from the development. Representati ves from the
Town's Planning, Public Works and community Services
Departments met with the applicant to resolve the location and
....8
520
REPORT NO. PD-12-93 PAGE 8
configuration of the facility. The facility will be located
along Rhonda Boulevard abutting Blocks 11 and 12. The
facility will be jointly located on Block 21, to be conveyed
to the Town by the developer, and on Block 99 as long as there
is a minimum unobstructed frontage of 50.0 meters along Block
99. The Separate School Board will not require Block 100 for
its purposes. The applicant has indicated that appropriate
severance applications to accommodate two single family
dwellings along Rhonda Boulevard will be submitted and the
balance of Block 100 would be conveyed to the Town. This
arrangement appears reasonable to all parties concerned.
9.2 A preliminary Lot Grading Plan for units on Blocks 5 to 9
inclusive indicates an overall grade differential of 15%. The
Town's Public Works Department has reviewed the Plan and is
satisfied. However, the Department asks that all offers of
purchase and sale involving units within these Blocks include
the acknowledgements of potential purchasers indicating their
acceptance of the proposed lot grading scheme.
10. CONCLUSIONS
10.1 Based on the comments contained in this report, Staff would
have no objection to the approval of the proposed Plan of
Subdivision subject to the conditions of draft approval
contained in Attachment No.1.
10.2 In addition, Staff would have no objection to the approval of
the zoning by-law amendment as applied for. The amending'by-
law would provide for the appropriate zone category to
implement this Plan of Subdivision (18T-91013). The removal
of the "Holding (H)" prefix will require Council approval at
such time as the Subdivision Agreement is registered. A
rezoning application will not be required to finalize the
zoning at that time. ....9
tj21
REPORT NO. PD-12-93
PAGE 9
Respectfully submitted,
Recommended for presentation
to the Committee
\
(,: r~!L..-:~
Franklin WU, M.C.I.P.
Director of Planning
and Development
Lawrence E. Ko
Chief Administ
Officer
f
RH*FW*cc
Attachment #1 -
Attachment #2 -
Conditions of Draft Approval
Proposed Draft Plan of Subdivision
8 January 1993
Interested parties to be notified of Council and Committee's
decision:
Kiddicorp Investments Ltd.
1748 Baseline Road West
courtice, ontario
L1E 2T1
Mr. Hannu Halminen
D.G. Biddle & Associates
96 King Street East
Oshawa, ontario
L1H 1B6
Mr. Bob Annaert
Marc Lavoie
15 McCrimmon Crescent
Bowmanville, ontario
L1C 4M9
Stephen Hutchison
19 McCrimmon Crescent
Bowmanville, ontario
L1C 4N2
Liza Development Corp.
30 Wertheim Court
suite 9
Richmond Hill, ontario
L4B 1B9
Attn: Mr. Shahrok Mansouri
Elizabeth Dale
60 Little Avenue
Bowmanville, ontario
L1C 1J6
Graham Chalmers
134 Rhonda Boulevard
Bowmanville, ontario
L1C 4M9
George vice
34 Martin Road
Bowmanville, -ontario
L1C 3K7
Lonnie Lajeunesse
142 Rhonda Boulevard
Bowmanville, ontario
L1C 4N1
r ,) ')
JLL
ATTACHMENT # 1
DN: KIDDICORP.DRA
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
PLAN IDENTIFICATION
1. That this approval applies to draft Plan of Subdivision 18T-91013 prepared by D. G.
Biddle & Associates dated (revised) December 14, 1992 showing Blocks 1 to 20
inclusive for 117 street townhouse dwellings, Block 21 for park purposes.
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.
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDMSION 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 landscape architect to prepare and submit a
Park Site Master Plan to the Director of Community Services for review and approval.
This Plan shall reflect the design standard of the Town as amended from time to time.
....2
523
-2-
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDMSION AGREEMENT (CONT'D)
6. 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.
7. That the Owner shall retain a professional engineer to prepare and submit a Drainage
and Lot Grading Plan to the Director of Public Works in accordance with the Master
Drainage Plan for the Sagewood Subdivision Phase I for review and approval. All plans
and drawings must conform to the Town's Design Criteria as amended from time to
time.
8. That, prior to final plan registration, Block 100, currently forming part of Registered
Plan 10M-833, be conveyed to the Town for park purposes free and clear of any
encumbrances save and except a sufficient land area fronting Rhonda Boulevard for
the....creation....oftwo(2)singlemfam ilydwellingllnits,...ea.Gh.ha.yil1g...J~.QIll.fr()I1tClg~s,
through the Land Division Committee process.
REQUIREMENTS TO BE INCLUDED IN SUBDMSION AGREEMENT
9. 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 standard subdivision agreement,
including, but not limited to, the requirements that follow.
10. That all easements, road widening, and reserves as required by the Town shall be
granted to the Town free and clear of all encumbrances.
11. That the Owner shall dedicate Block 21 to the Town for purposes of a storm water
qllality pnnci free and clear of any encumbrances.
....3
:J 2 4
-3-
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDMSION AGREEMENT (CONT'D)
12. That the Owner shall pay to the Town, the development charge in ,accordance to the
Development Charge By-law as amended from time to time, as well as payment of a
portion of front end charges pursuant to the Development Charge Act if any are
required to be paid by the owner.
13. That the Owner shall provide and install internal sidewalks and sidewalks along
Rhonda Boulevard, street lights, temporary turning circles etc. as per the Town's
standards and criteria.
14. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to
be buried underground.
15. That all works and services are designed and constructed to the satisfaction of the
Director of Public Works.
16. ThattheOwneLassumesaILcQsts(lOO%){OL thecol1slmctjQIlclIlcjloca,tiOIlQf
Community Mailboxes to service the subdivision.
17. That the Owner assumes all costs (100%) for construction work (roads, sewers, utilities
etc.) required for the connection of the proposed street to Rhonda Boulevard.
18. That all offers of purchase and sale of dwelling units in Blocks 5 to 9 include
acknowledgements of potential purchasers indicating their acceptance of the proposed
lot grading scheme.
19. That the storm water quality pond to be developed by the Owner on Block 21 and part
of Block 99 be located and constructed in such manner that Block 99 has a minimum
unobstructed frontage of 50.0 metres.
525
...4
-4-
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDMSION AGREEMENT (CONT'D)
20. 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.
21. That the Owner shall adhere to architectural control requirements of the Town.
22. 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.
23. The Owner agrees that where the well or private water supply of any person is
interfered with as a result of construction or the of the 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.
24. That the Owner agrees to maintain all storm water management, erosion and
sedimentation control structures operating and in good repair during the construction
period, in a manner satisfactory to the Ministry of Natural Resources.
25. That the Owner agrees to notify the Lindsay Ministry of Natural Resources Office at
least 48 hours prior to the initiation of any on site development.
526
...5
-5-
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDMSION AGREEMENT (CONT'D)
26. That the Owner construct a storm water quality pond to the satisfaction of the Ministry
of Natural Resources, the Director of Public Works and the Director of Community
Services.
27. That the Owner agrees to conform to the requirements of the approved Master
Drainage Plan for the area.
28. Prior to the final approval of the plan and/or commencement of site preparations,
including rough grading of roads or construction of services, the Owner shall obtain
Central lake Ontario Conservation Authority (C.L.O.C.A.) approval of sedimentation
control and grading plans for the subject lands.
29. Prior to the commencement of site preparation, the Owner shall obtain C.L.D.C.A.
approval of 100 year storm overland flow routing for the plan.
30. That the Owner prepare an engineering report providing a detailed examination of the
slope stability and drainage for the proposed development on Blocks 5 to 9 inclusive
for c.L.O.c.A.'s approval.
527
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TIlE CORPORA nON OF TIlE TOWN OF NEWCASTLE
BY-LAW NUMBER 93-_
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 recommends to the
Region of Durham for approval of Draft Plan of Subdivision 18T-91013.
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 to
implement the Draft Plan of Subdivision 18T-91013.
NOW TIlEREFORE BE IT RESOLVED TIlAT the Council of the Corporation of the
Town of Newcastle enacts as follows:
1. Schedule "3" to By-Law 84-63, as amended, is hereby further amended by changing
the zone designation from:
"Holding - Urban Residential Type 4 ((H) R-4)" to "Holding - Urban Residential
Type 3 ((H) R-3)".
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
1993.
BY-LAW read a second time this day of
1993.
BY-LAW read a third time and finally passed this
day of
1993.
MAYOR
CLERK
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By-law 93-_,
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