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HomeMy WebLinkAboutPD-108-87~~~ ~ ~, ~~ TO~1N OF NE4~CASTLE Its: General Purpose and Administration Committee DATE: Nionda~y, Apri 1 6, 1987 T ~: PD-108-87 FILE #: DEV 86-78 and 18T-86075 CT: REZONING APPLICATION - FILE: DEV 87-78 PROPOSED PLAN OF SUBDIVISION - FILE: 18T-86075 KASSINGER CONSTRUCTION LIMITED PART LOTS 32/33, CONCESSION 3, FORMER TWP. OF DARLINGTON CLERK'S FILE: 60.35.335 RECOMMENDATIONS: It is respectfully recornmended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-108-87 be received; and ~~~~ 2. THAT the application filed by Mr. Kassinger for rezoning be approved in principle and forwarded to Council for approval after receipt and review of the requested Environmenta'I Analysis and Hydrologic Study; and 3. THAT the Region of Durham be advised that the Town of Newcastle recommends approval of the draft plan of subdivision, 18T-86075 dated December 8, 1986, shown as Job #1-6848, as revised in red subject to the conditions contained in Attachment No. 1 to this Report; and 4. THAl~ a copy of Staff Report PD-108-87 be forwarded to the Region of Durham; and 5. THAT the attached by-law authorizing execution of a Subdivision Agreement between H. Kassinger Construction Limited and the Corporation of the Town of Newcastle be approved; and 6. THAT the Mayor and Clerk be authorized to execute the Subdivision Agreement between H. Kassinger Construction Limited and the Town of Newcastle at such time as an Agreement has been finalized to the satisfaction of the Director of Public Works and the Director of Planning. ...2 ~~y~ REPORT NO.: PD-108-87 Page 2 BACKGROUND AND CONINIENT: On December 12, 1986 the Planning Department received an application from I~~r. H. Kassi nger for rezoning. In conjunction with this application, a proposed Plan of Subdivision was submitted to the Region. The subdivision proposal was circulated for comment on January 12, 1987. This Report shall address both of these applications. The Newcastle Official Plan designates the majority of these lands as "Residential". There is also two (2) areas of "Hazard Lands" (the south and west limits of the plan), also the south-west corner appears to be within the "Major Open Space System". The subject lands are currently found within two zones of the Comprehensive Zoning By-law of the Town of Newcastle, being By-law 84-63, as amended. These two zones are "Holding-Urban Residential Type One ((H)R1)" and "Environmental Protection (EP)". The current zoning was put in place at the time the Comprehensive Zoning By-law was being drafted. Staff did not have a specific development proposal to use as a guide for the limits of a particular designation. The current proposal is for single family dwellings on lots ranging from 12.8 metres to 2U metres in width. The applicant is requesting a zoning category which permits only single detached dwellings on this range of frontages. In accordance with departmental procedures, the applications for subdivision and rezoning were circulated to obtain comments from other departments and agencies as noted within Staff Report PD-11-87. The Public Meeting for the application was held on February 16, 1987. At that time, Report PD-53-87 recommended that the applications be referred to Staff to complete the circulation process. At this time the circulation has been completed and Staff have reviewed the comments. The following Report shall deal with both of the applications which Mr. Kassinger has submitted. ...3 Z ~"~ REPORT NU.: PD-108-87 Page 3 Staff have reviewed the Official Plan and the related documents and have concluded that no amendments will be required. It is the intent of both the Official Plan and the Neighbourhood Development Plan that a collector road intersect with Nash Road. A review of the Official Plan and Neighbourhood Plan schedules appears to indicate that the designated collector corresponds to Goldpine Avenue in Plan lOM-772. However, the Public Works Department advises that Goldpine Avenue is only ?_0 metres wide and does not function as a collector. Therefore, there is still a need for a collector road to connect with Nash Road. This function can be fulfilled by George Reynolds Drive. The Kassinger proposal has allowed for this by creating George Reynolds Drive as a road with a width of 26 metres. An Official Plan Amendment would therefore not be required. With respect to the Neighbourhood Development Plan, the road alignments are i ntended to be specifically detailed i n the Plan. However, all of the remainder of the southern two-thirds of Neighbourhood 36 is either draft approved or registered. There would appear to be no particular reason to amend the Neighbourhood Plan to reflect the proposed collector system, except for administrative reasons; therefore a Neighbourhood Development Plan amendment is also not required. The lands to the north of the proposed subdivision are designated "Residential" by the Official Plan; no land use designations are indicated by the Neighbourhood Plan. These lands were the subject of an Official Plan Amendment to remove them from the urban area; this file was closed. The proposed plan indicates two (2) possible connections to the north (Blocks 346 and 347) but provides no indications of how the lands to the north could develop and how it could tie in with the applicant's proposal. Staff have deleted the westerly connection as it seemed impractical to access future development through a cul-de-sac. The easterly connection shall be maintained at this time. After Council's request of March 23, 1987 that Staff review development in Courtice, Staff have deleted a request that the applicant provide a general indication of how the lands to the north would develop. ...4 ~~~~ REPURT NO.: PD-108-87 Page 4 Low Density Residential development is permitted up to a density of fifteen (15) units per net residential hectare. Net Residential Area is defined as all residential lands excluding local roads, junior elementary schools and neighbourhood parks. Staff have examined all of the areas involved and have arrived at a proposed density of approximately fifteen (15) units per hectare. To arrive at this figure Staff have deleted the following: park block, school block, hazard lands and the local roads. The area for housing and the collector road have been added to arrive at the area to be used in the calculation. The number of units used is 339, the total after all of the revisions have been made to the plan. This density falls within the accepted parameters set out within the Offici al Plan. The Ufficial Plan and the Neighbourhood Development Plan both indicate a Neighbourhood Park and an elementary school in the same general location as proposed by the Plan. Both plans encourage the joint use of park and school sites. In a letter received as a result of the rezoning circulation, Staff were informed that the Separate School Board are in negotiations with the developer regarding the possible school site shown as Block 349. The Community Services Department has also made a comment that joint use of the adjacent Park Block, Blocl< 350, will be encouraged. As well, this Block will have to be developed in accordance with Town Policy. In accordance with the Ufficial Plan the applicant has had both an Environmental Analysis and a Hydrologic Study completed. The reports shall be presented to the General Purpose and Administration Committee by the consultants. Staff have had discussions with the consultants and are of the opinion that the issues raised by the Gardner Lee Study have been adequately addressed. The areas associated with both Black and Farewell Creeks have been maintained within the "Environmental Protection" zone of the Zoning By-law. The development which is contemplated by this subdivision ...5 V ~) REPORT NO.: PD-108-87 Page 5 has been designed, as red-lined, to avoid encroachment upon these two creeks and their sensitive slopes. Also, the revision has created Block 356 which is to be dedicated to the Town. This Block is to the rear of Lots 70 to 76 and provides an area which acts as a buffer between the development and the creek. The rear lot lines will approximate the top of the bank in this area. The deletion of the "Minor Open Space" swath (shown as the area to be deleted from the "EP" zone on the attached Zoning By-law) is not seen as adversely impacting upon the discharge which Farewell Creek is currently receiving. The applicant's engineering drawings and stormwater management plan is required to conform to the Courtice stormwater Management Scheme. This requirement has been supplemented by the Consultants proposal to design the stormwater system to promote baseflow to the Creek. This appears to address the need to maintain this flow of water while not creating a situation which will increase the level of the discharge thereby damaging the creek. The Hydrologic Study found only small amounts of lateral flow of groundwater. Une cause was the shallowness of the sand overcover. This, combined with the flat conditions of the site contribute to the high degree of wetness which currently exists over the site. The sto rmwate r system which is proposed could provide a method by which the water may feed the creek while not causing peak flows which will be greater than those existing prior to development. A concern regarding special vegetation which may be damaged was also addressed. The Environmental Analysis has revealed that the majority of the forested area is made up of poplar, birch and scrub type trees. It appears that the areas designated for preservation provide an excellent representation of these types plus those rare plants found by Gardner Lee. The preserved areas also provide a corrider to the area to the north which may serve the needs of the wildlife. The Environmental Analysis has revealed no outstanding wildlife features in this area. ...6 .~cv~ REPORT NO.: PD-108-87 Page 6 It appears that the studies have addressed the concerns outlined by various agencies and highlighted by the Gardner Lee Study. From discussions with the consultants, Staff have been assured that the concerns about the Coldwater fishery have been addressed and the site development should not create environmental damage to the creeks. All of the proposed controls will have to be approved by a number of agencies, including the Town of Newcastle Public Works Department, Ministry of Natural Resources, and the Central Lake Ontario Conservation Authority. The sensitive slopes and fishery concerns have been noted and Staff have actively pursued the protection of this resource. Staff woul d note that the fo1 lowi ng departments/agenci es, i n provi di ng comments on the proposed subdivision, offered no objections to the application as filed: - Ministry of the Environment - Ministry of Agriculture and Food - Ontario Hydro - Regional Health Services Department - Newcastle Building Department - Northumberland and Newcastle Board of Education The following is a summary of the comments received by the Planning Department. These are the responses to both of the circulations. The conditions outlined by each agency have been examined and added to the list of conditions for draft approval of the subdivision. These conditions are outlined in Attachment No. 1 to this Report. Newcastle Public Works Department "We have reviewed the application for rezoning as noted above, and submit the following comments: 1. That all works are completed in accordance with the Town of Newcastle's Design Criteria and Standard Drawings; ...7 REPORT NO.: PD-108-87 Page 7 Newcastle Public Works Department (Cont'd) 2. That any easements required by the Town be granted free and clear of any encumbrances; 3. That the 0.3m reserves and 3.Om road widening be dedicated to the Town and sight triangles (4.5 metres by 4.5 metres) as shown in red on the draft plan; 4. That the developer will bear the costs (100%) of any works on Nash Road which are necessitated as a result of this development (i.. intersection improvements, turning lanes); 5. That the utility distribution on the internal streets (Hydro, Bell, Cable TV, etc.) be installed underground and that all secondary services for the proposed lots be underground; 6. That the developer contributes to the costs of reconstructing Nash Road in accordance with Town Policy; 7. That the developer meet all the requirements of the Public Works Department, financial or otherwise; 8. That the Owner enter into a Development Agreement with the Town and that this department be kept informed of the status of same at all times; 9. All of the other standard requirements (s.i.c) re: Lot Grading, Schedules of Work, Performance Guarantees, Cost Estimates, etc., should be included in the Development; 10. That the developer acknowledge that the drainage of the site and the upstream watershed (i.e. design of storm sewers) must be controlled in accordance with the provisio ns of the Courtice Stormwater Management Report; That provisions in the storm drainage design of this plan of subdivision include oversizing of storm sewers and appurtenances, as deemed necessary by the Director of Public Works, to accommodate the entire upstream watershed. In addition, the developer should be aware that this site constitutes part of development Block 6 which has Pond 5 proposed within this site. In the event that this proposal proceeds, the developer's engineer must satisfy the Public Works Department that the provisions of the Courtice Stormwater Management Report are addressed properly; 11. Refer to the attached draft plan for additional comments, marked up in red (shown on the red-line plan attached hereto)." ~c~~ ...8 ~~Z~ REPORT NU.: PD-1U8-87 Page 8 Newcastle Fire Department "This Department has no objection to the above-headed application. Emergency fire protection is from Station #4, which is within an acceptable response distance. Water for firefighting is to be provided through the Regional hydrant system. I do have a concern with how this part-time Fire Department is to maintain the existing level of emergency service considering all of the development that is taking place throughout the Municipality." This concern regarding the provision of fire service was also a concern raised at the Public Meeting for the rezoning. Staff have responded t;o that concern and have noted that this is an issue which is receiving ongoing concern. Newcastle Community Services Department "In reference to the above plan of subdivision our Department has the following cornrnents: a) Development of the parkland is required according to Town Policy. b) Site plan preparation must be co-ordinated with the School Board for effective use of the combined 8 acre site. c) Nssociated hazzard or valley lands wi11 be required gratuitously." Condition (c) is referring to the lands which Mr. Kassinger owns, shown as Blocks 351, 352 and 354 on the revised draft plan of sub division. The parkland dedication is in the form of a 2.0 hectare parcel at the north-east corner of George Reynolds Drive and Devendale Street. ...9 ~C?-; REPURT NO.: PU-108-87 Page 9 Peterborough-Victoria-Northumberland an ewcast a oman at o ~c eparate School Board "The Board has N~inistry of Education approval to build a new elementary school in the Courtice area during 1987. A site at St. Therese's Church is being considered as well as a three or four acre site in the Kassinger development. Mr. S. Shine of Oshawa has been retained to act as the Board's lawyer in the matter. Since it is imperative that construction begin as soon as possible her. Shine is currently determining whether this site can be obtained with all the necessary approvals to start construction in the spring. It is anticipated that the Board will have the necessary information to reach a final decision in the near future." This letter was received on February 2, 1987, and there has been no further correspondence received by the Planning Department regarding either site. Ministry of Natural Resources Staff have received comments on each of the two applications from this Ministry. Both are included for the Committee's info rmation. i) Rezoning - February 24, 1987 "Ministry Staff have completed our review of this rezoning application. Our comments are outlined as follo-vs: Two tributaries of the Farewell Creek traverse the subject property. One of these tributaries is located within Blocks 351 and 352 of the subdivision plan (18T-86075). A second tributary traverses the north central portion of the site and is not located within an open space block. Lands adjacent to these watercourses are currently zoned "Environmental Protection (EP)" in Town of Newcastle Zoning By-law 84-63. l~he Farewell Creek, located immediately west of this site, provides spawning and nursery habitat for rainbow trout and pink salmon. A provincially significant wetland, the Oshawa Second Marsh, is located at the Farewell Creek mouth. These resources should be protected against excess sedimentation resulting from upstream development activities. ...10 ~cv~ REPORT NU.: PD-108-87 Page 10 i) Rezoning - February 24, 1987 (Cont'd) As noted above, a watercourse is located in Blocks 351 and 352 of the plan. We recommend that the EP zone be maintained in these blocks. An open space block was previously created for the upstream portions of this stream in plan 18T-76048 (located east of this property). Due to our fishery concerns, we believe the continuation of this buffer into plan 18T-86075 will benefit the downstream fishery resources. The developer proposes to alter the channel of the watercourse in the north central portion of the site. The steep rise in slope on the western portion of the property prevents the migration of fish species to this watercourse. We, therefore, have no objections to the alteration of this watercourse. Detailed requirements to minimize siltation of the Farewell Creek will be addressed in our response to the subdivision plan. The Ministry of Natural Resources has no objections to the rezoning of Lots 1 to 343 for residential purposes. The EP zone should be maintained on Blocks 351 and 352. If you have any questions, please contact Kathy Menyes at this office." ii) Subdivision - March 3, 1987 Ministry Staff have reviewed this plan and inspected the site. While we have no objections to the principle of development on the site, we do have concerns which should be addressed prior to the approval of the plan. Two tributaries of the Farewell Creek traverse the subject property. The Farewell Creek, located immediately west of the site, provides spawning and nursery habitat for rainbow trout and pink salmon. These Coldwater fish species migrate upstream from Lake Ontario to spawn in the spri ng (trout) and fall (salmon). The Oshawa Second Marsh, a provincially significant wetland, is located at the farewell Creek mouth. These resources warrant protection against water quality degradation. Our major concerns for this development, therefore, pertain to on-site erosion and the conveyance of sediment-laden waters to Farewell Creek, particularly in the area of the proposed creek alteration in the north central portion of the site. A second tributary is located in Blocks 351 and 352 of the plan. Town of Newcastle Zoning By-law 84-63 zones these blocks as "Enviro nment al Protection (EP)". We support this zoning. We require information on the means to minimize erosion and sedimentation during and after construction of this crossing to be submitted for our review and approval. ...11 ~cz~ REPURT NO.: PD-108-87 Page 11 ii) Subdivision - March 3, 1987 (Cont'd) Recommendations Based on the above, the Ministry of Natural Resources has no objections to the approval of this subdivision plan provided that it be subject to the following conditions: 1. That Blocks 351 and 352 be retained in the "Environmental Protection (EP)" zone as indicated in Town of Newcastle Zoning By-law 84-63. 2. Prior to any grading or construction on the site, the Owner shall erect a snowfence or other suitable barrier along the northern boundary of Blocks 351 and 352, the top of the valley slope in Lots 70 to 76 inclusive, and the western boundary of Lots 158, 176, 177 and 178. These barriers shall remain in place until such time as all grading, construction and landscaping of the site are c ompleted. They shall be maintained to prevent the placement of fill or removal of vegetation below the top of banks located adjacent to these Blocks and lots. 3. Prior to any grading or construction on the site, the owner shall prepare lot grading and surface drainage plans, which shall be acceptable to the Ministry of Natural Resources. These plans will show all surface drainage works, and will describe the means to minimize soil erosion, sedimentation and the discharge of stormwater flow into Farewell Creek, both duriang and after construction. These plans will also include data on the McLellan Drive (sic. George Reynolds Drive) creek crossing, indicating proposed erosion and sedimentation control measures. The Subdivision Agreement between the Owner and the municipals ty shal l contain the following provisions in wording acceptable to this Ministry: a) That the Uwner agrees to construct and maintain the barriers as required in Condition No. 2 above. b) That the Owner agrees to implement the lot grading, surface drainage, erosion and sedimentation control plans as required in Condition No. 3 above. In order to expedite the clearance of these conditions, a copy of the signed Subdivision Agreement should be sent to the District Manager, Ministry of Natural Resources, Lindsay District Office." ...12 ~cy~ REPORT NO.: PD-108-87 Page 12 Staff have examined this comment to ensure that the Ministry's concerns are being addressed by the Subdivision conditions. Each of these will be attached to assist in the preservation of the valley lands. Central Lake Ontario Conservation Authority "Further to your recent telephone discussion with Staff of this Authority, we are providing the following interim comments on the above proposal. We have had several meetings with the applicant's environmental consultant, and have met with a hydrogeologist who has been selected by the proponent to address our related concerns for the subject lands. Authority policy and the relevant neighbourhood plan require the submission of an environmental study for the property in question, in order that the site's attributes can be further identified and protected within an urbanizing format. Written terms of reference for this report (previously conveyed verbally) have been requested by the owner's environmental consultant. Until the environmental report which is to also address site hydrology is submitted for our review, we will be unable to offer definitive comments on the subject application. We would mention, however, that we have no general objection to development on the site provided such development conforms to the provisions of the Courtice Stormwater Management Study, and the relevant neighbourhood plan designations and policies." As this report has outlined, the Works Department has required that all stormwater management designs be completed in accordance with the Courtice Stormwater Management Study. The Hy dro1ogic Study c ompleted by the Consultant, and Staff review of the proposed Plan of Subdivision have examined the concerns regarding the possible impact upon Farewell and Black Creeks. Through proper engineering and controls upon development (i.e. fencing) Staff are assured that the creek and valley system may be more than adequately protected. The Ministry of Natural Resources has outlined a set of standard conditions which have been utilized in the past and have been effective ...13 ~\YJ REPORT NO.: PD-108-87 Page 13 in protecting sensitive areas. The list appears to provide sufficient protection in the aspects which are of concern. This is in addition to the red-line revisions which the Town Staff have requested to protect both creeks. Block 354 has been retained in the "Environmental Protection" zone in order to facilitate access to the creek for future passive recreational uses. This also provides an area which may be utilized in the sedimentation and stormwater control features of the subdivision, this could include retention facilities. The applicant's engineer is currently preparing the Engineering Drawings which will address the stormwater concerns. Block 351 and 352 are also being maintained as "Environmental Protection" areas. These two blocks have been identified as playing an intergral role in the stormwater management system for "Neighbourhood 3N". The designs for a pond in this area shall be reviewed by the Town of Newcastle Works Department. There is also a requirement for sedimentation control being attached as a condition. This will be used to assist in the preservation of the valley slopes as well as to protect the fishery. In addition, the red-line revision has created Block 356. This was created by moving the rear lot lines of Lots 70 to 76. The revised line is paced so as to approximate the "top of bank" and will have to be accurately plotted. In addition, an easement for access and maintenance will be required. The retained lands have been shown on the plan, but careful study will be required prior to any development. The lands which remain to be developed, have the greatest potential to impact directly upon Farewell Creek so development will have to be closely controlled. The creation of Block 354 has required a modification to the street pattern, and lot layout. Staff have proposed two cul-de-sacs along the western boundary. This permits the area for stormwater control, outlined ...14 .y, C ~ REPORT ND.: PD-108-87 Page 14 above while not overly restricting the possibility of development of the retained lands and lands to the west. The applicant has reviewed these proposed changes and has accepted the need for the alterations. It appears that the various concerns have been addressed and are being dealt with by the subdivision design. Staff would note that the following departments/agencies, in providing comments on the rezoning, offered no objection to the application as filed: - Town of Newcastle Public Works Department - Town of Newcastle Community Services Department - Town of Newcastle Fire Department - Town of Newcastle Building Department - Regional Health Department - Ministry of Agriculture and Food - Ministry of the Environment - Ministry of Natural Resources - Ontario Hydro At the Public Meeting, concerns were raised by residents in the area regarding the impact of the subdivision upon their lands. These concerns regarding drainage and fire protection have been addressed by the Subdivision. To supplement this, the Director of Planning has sent 'letters to each of the concerned residents and a copy of this Report is a'I so being forwarded to each of these i ndividual s. In addition, anew reserve block has been added adjacent to property onwed by one of the individuals to accommodate possible future development. The rezoning is being requested so as to permit the applicant to make use of a wide variety of lot sizes while limiting the uses to single detached dwellings with attached garages as requested by the applicant. There is also the need to delete a swath of "EP" and to re-define the limits of the "EP" zone along the southern flank. These changes are detailed on * Schedule "X" to the Zoning By-law which is attached hereto. Staff have no objection to the intent of the rezoning. The current zoning was placed on the site without benefit of a development proposal being available. Our review has not revealed any substantive reasons to refuse this change in zoning. ...15 ~~~~ REPURT NU .: PD-108-87 Page 15 The applicant submitted a request for specific requirements to be included in the a-nendment. Staff have concurred with the requests with only one exception. The interior side yards are to be 0.6 metres on one side and 1.2 metres on the other. This will more closely match what is permitted when bui 1 di ng 1 ink dwel 1 i ngs . The request for 0.6 metre side yards was not accepted due to concerns regarding fire protection and emergency access to the rear of the properties. The exterior side yard has been reduced to 3.0 metres. This does not appear to present any problems in this subdivision. Most of the intersections are "3-way" which presents less visibility problems than the standard four corner intersection. Those intersections that are "4-way" are confined to the collector road - George Reynolds Drive. This street has been set as a 26 metre road allowance which provides inc reased visibility at the se intersections, even with reduced side yards. Also, after review of the possible impacts of reduced exterior yards, Staff found that the 7.5 metre sight triangles required by the by-law would not be infringed upon. The proposed By-law is attached hereto for Committee's review. Staff propose that the changes be forwarded to Council after Staff have had an opportunity to review the Environmental An alysi s and Hydrologic Study to assess any possible adjustments to zone boundaries. Respectfully submitted, TFC*TTE*jip *Attach. March 31, 1987 CC: See attached list Recommended for presentation to the Committee j / ~~ t? -- ~rence ,~~. ~Kotse ~ Chief mi ni strati ve Officer (;~1~ f. ~' ...16 ~cy~ REPORT NO.: PD-108-87 Page 16 Nir. H. Kassinger Kassinger Construction 5UU Mayfair Avenue USHAWA, Ontario L 1G 2Y2>~ hir. G. rvlarti n 72 5lackcreek Trail R.R. #3 BUWNIANVILLE, Ontario L1C 3K4~ Mrs. Jane Rowe R.R. #3 BUWMANVILLE, Ontario L1C 3K4~ Nlrs. Norma 8laauw Group 12, Hox 55 R.R. #3 liUWhIANV I LLE , Untari o L1C 3K4QQ Uonevan and Fleischmann 11 Ontario Street USHAWA, Ontario L1G 4YEill~ Henry Kortekaas & Associates 82 Sherwood Road East PICKERING, Ontario L1V 2B4~ ~v~~ ATTACHMENT N0. 1 TO REPORT PD-108-87 f TOWN OF NEWCASTLE CO NDITIUNS OF DRAFT APPROVAL SUBDIVISION APPLICATION 1$T-86075 1. That this approval shall apply to a draft Plan of Subdivision 18T-86075, dated December 8, 1986, as revised in red, prepared by Donevan & Fleischmann Co. Ltd., Job # 1-6848, showing three hundred and thirty-nine (339) lots for single detached dwellings, plus blocks for park, institutional, buffer, and future development. 2. That the developer enter into a Subdivision Agreement with the Town of Newcastle. That the "retained lands" shall be developed only by separate application to the Region of Durham. 3. That the road allowances included in this draft plan be dedicated as public highways. 4. That the road allowances in the plan be named to the satisfaction of the Town of Newcastle and the Regional Municipality of Durham. 5. That the Uwner agrees to satisfy all other requirements of the Town of Newcastle, financi al or otherwi se. Thi s shal 1 include, among other matters, execution of a Subdivision Agreement between the Uwner and the Town concerning the provision and installation of roads, services, drainage etc. 6. That the necessary amendment to By-law 84-63, as amended, of the Town of Newcastle, be approved and in effect. 7 . That the Owner agrees to satisfy all other requi rements of the Town of Newcastle, financially and otherwise. 8. That all works are completed in accordance with the Town of Newcastle's Design Criteria and Standard Drawings. 9. That any easements required by the Town be granted free and clear of any encumbrances. 10. That the U.3m reserves and 3.0 m road widenings be dedicated to the Town and the sight triangles as shown in red on the draft plan. 11. That the developer will bear the costs (100%) of any works on Nash Road which are necessitated as a result of this development (i.e. intersection improvements, turning lanes). 12. That the utility distribution on the internal streets (Hydro, Bell, Cable TV etc.) be installed underground and that all secondary services for the proposed lots be underground. 13. That the developer contributes to the costs of reconstructing Nash Road in accordance with Town Policy. ....2 ~~~7 Page 2 of ATTACHMENT N0. 1 TO REPORT PD-108-87 TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL SUBDIVISION APPLICATION 18T-86075 14. That the developer meet all the requirements of the Public Works Department, financial or otherwise. 15. That the owner enter into a Development Agreement with the Town and that this department be kept informed of the status of same at all times. 16. All of the other standard requirements re: Lot Grading, Schedules of Work, Performance Guarantees, Cost Estimates, etc., should be included in the Subdivision Agreement. 17. That the developer acknowledge that the drainage of the site and the upstream watershed (i.e. design of storm sewers) must be controlled in accordance with the provisions of the Courtice Storm Water Management Report. 18. That provisions in the storm drainage desing of this plan of subdivision include oversizing of storm sewers and appurtenances, as deemed necessary by the Director of Public Works, to accommodate the entire upstream watershed. 19. In addition, the developer should be aware that this site constitutes part of development Block 6 which has Pond 5 proposed within this site. In the event that this proposal proceeds, the developer's engineer must satisfy the Public Works Department that the provisions of the Courtice Storm Water Management Report are addressed properly. 2U. That Blocks 351 and 352 be retained in the "Environmental Protection (EP)" zone as indicated in Town of Newcastle Zoning By-law 84-63. 21. Prior to any grading or construction on the site, the Owner shall erect a snowfence or other suitable barrier along the northern boundary of Blocks 351 and 352, the top of the valley slope in Lots 70 to 76 inclusive, and the western boundary of Lots 158, 176, 177 and 178. 1~hese barriers shall remain in place until such time as all grading, construction and landscaping of the site are completed. They shall be maintained to prevent the placement of fill or removal of vegetation below the top of banks located adjacent to these Blocks and lots. 22. Prior to any grading or construction on the site, the owner shall prepare lot grading and surface drainage plans, which shall be acceptable to the Ministry of Natural Resources. These plans will show all surface drainage works, and will describe the means to minimize soil erosion, sedimentation and the discharge of stormwater flow into Farewell Creek, both duriang and after construction. These plans will also include data on the NlcLellan Drive (sic. George Reynolds Drive) creek crossing, indicating proposed erosion and sedimentation control measures. ...3 ~~vl~ Page 3 of ATTACHMENT NO. 1 TO REPORT PD-108-87 TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL SUBDIVISION APPLICATION 18T-86075 23. The Subdivision Agreement between the Owner and the municipality shall contain the following provisions in wording acceptable to this Ministry: a) That the Owner agrees to construct and maintain the barriers as required in Condition No. 2 above. b) That the Owner agrees to irnplement the lot grading, surface drainage, erosion and sedimentation control plans as req uired in Condition No. 21 above. 24. Development of the parkland is required according to Town Policy. 25. Blocks 350, 351, 352, 353, 354, 356 be dedicated to the Town free and clear of any encumbrances. 26. No grading, filling or construction essential to storm servicing shall occur without the written approval of the Central Lake Ontario Conservation Authority. 27. Prior to the commencement of site preparation, the Owner shall submit to the Central Lake Ontario Conservation Authori ty for approval , details of sedimentation controls to be used on the site, and a preliminary storm drainage plan for the site which includes the locations of storm sewer outfalls in the Farewell and Black Creek valleys. 28. That the applicant provide copies of the Environmental and Hydrologist Reports to the Town, the Central Lake Ontario Conservation Authority and the Ministry of Natural Resources and the mitigation measures contained therein be incorporated into the Subdivision Agreement with the Town of Newcastle. ~I ~~ rt; ~ r,, n,; i•~ ~, %; Illli \ '~jl~~'~ .o ' ~~ l j•~ ~Il~it~--_. i ~l ~`,4 `, ' / illy li~ I ~~~~ ~/'(;rJ ~~ ~ , i~~ ~`, ~ i ~ ,,.~I \ \\1 v ., ~~ . ~,~ ~,~, ~" ..~, _~ _ 3•~- R..~._.. ~~' ,rl,,. :~;~:;., ..___. .. •~I ~., ..^; Y. 'lV ~ 7 ~.'~=ned '~-'"'^...~; ~OLOCK '552 h ~ ~ ~_ 1. ': ~ ......~~ .~ IOCK 367 ~~=~~,:-. ...___. ,.... .. / ~.`.., C(~ ~52_,. ~rso ~ ~ a~ ai as Q.o. .sue m ~^°._....~ Q C ~ ~ m- 3 ~ ~'~ Corr- '~is6' I a THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 87- being a By-law to amend By-law 84-63, the Comprehensive Zoning ' By-law of the Corporation of the Town of Newcastle. ~~ ' WHEREAS the Council of the Corporation of the Town of Newcastle ;de em's •• , it advisable to amend By-law 84-63, as amended, of tl7e Corporation.'of .• }' the Town of Newcastle. , NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of,. ~ ,. the Town of Newcastle enacts as follows: . 1. Section 13.4 is hereby amended by adding thereto the following new Subsection 13.4.4 as follows: ~ , "13.4.4 URBAN RESIDENTIAL EXCEPTION (R2-4) "LONE ' Notwithstanding Section 13.1 and 13.2, those lands zoned R2'-4 •. on the Schedules to this By-law shall be used only in .' accordance with the following zone provisions: ~•, i) Permitted Uses • a) single detached dwelling with an attached garage. b) a home occupation use in accordance with the provisions of Section 3.10 of this By-law, save and except the retail sales of antiques, arts, crafts`., 'or hobby items. ii) Regulations for Residential Uses '. , a) Lot Area (minimum) 370 square metres. . b) Lot Frontage (minimum) i) interior lot 12 metres ii) corner lot (minimum) 15 metres c) Yard Requirements (minimum) i) Front Yard G metres •• . ii) Exterior Side Yard 3 metres ., , iii) Interior Side Yard 0.6 metres on one side, , 1.2 metres on the other ~• .• iv) Rear Yard 7.5 metres • d) Dwelling Unit Area (minimum) i) single detached dwelling '• . - i storey or split level f35 square metres - 1 1/2 or 2 storey 100 square metres .. •. e) Lot Coverage (maximum) 40 percent f) Landscaped Open Space (minimum) 30 percent •• g) Building Height (maximum) 10,5 metres ' -z- 2. Schedule "4" to By-law 84-63, as amended, is hereby further . amended by changing the following zone designations: i) "Holding-Urban Residential Type One ((H)R1)" to "Urban Residential Type Two Exception (R2-4)"; and ii) "Holding-Urban Residential Type One ((H)Rl)" to "Urban. Residential Type One (Ri)"; and ,. iii) "Environmental Protection (EP)" to "Urban Residential Type Two Exception (R2-4)"; as shown on the attached Schedule "X" hereto. 3. Schedule "X" attached hereto shall form part of this by-law. ~~ 4. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Section 34 of the Planning,Act. BY-LAW read a first time this day of 1987 BY-LAW read a second time this day of 1987 ~ •. BY-LAW read a third time and finally passed this day of 1987. i ~~~ THE CURPORATIUN OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 87- being a By-law to authorize the entering into of an Agreement with H.~'Kassingeh;:, ~~. Construction Limited and the Corporation of the Town of Newcastle. ~ ' The Council of the Corporation of the Town of Newcastle hereby enacts as follows; 1. THAT the Mayor and Clerk are hereby authorized to execute oh.behalf of: :, .' ~•~'• the Corporation of the Town of Newcastle, and seal witf~ the Corporation's seal, ~,. an Agreement between H. Kassinger Construction Limited and the said~COrporation dated the day of 1987, in the form attached hereto as ~ • Schedule "X". ' 2. THAT Schedule "X" attached hereto forms part of this by-law.' • BY-LAW read a first time this day of 198T ', BY-LAW read a second time this day of 1987 ', . BY-LAW read a third time and finally passed this day of • 1987 R6 77 ~~~w~ ~~ ~oulo K to ''{ t~~l~" ~°~~~ Z~ ..: • :: v~~" BMs'd I~ 4/I~y o~ _' hdt' I~ I"le~®^..~' ~. ~:~~~,, .;. • . ZONE CHANGE FROM. ~;i~~ ZONE CHANGE FROM 'EP'TO'R2-4' ZONE CHANGE FROM • ' (H)RI' TO' RI "~-~~^r TO REMAIN ~ EP' iv H 5 h ROAD `.,. MAyor ~ Clock. ;. . LOT 33 LOT 3 2 LOT 3 I ~ .. ~ ~ I A of a ~I 1 _ t, <, ~~~ ~ JI c ~~~ ~ M ~ I ~ ~~r ~ R1 R1 P.2 z (H)RI R1 r'I ~ t r sr '{ if } ~' I R2.2 cr 2 O ~ w ~ ~ , ~ ~ V Y ~ ` ~ 7 - R2.2 I H , ` : ~ I I E P J laz ~~` ~ RI ~ ; ~ > ~ -_ R2 ~ ~2z ~ ~ R2 Rz .. NASH ROAD I ~ N R1 ` p R1 1 ~' i • z ( 1 ti , ~ ~ , . F-• ~ EP , R1 I O I. -U 0 60 100 200 h00 m ~ .. /~ 1 ' ~} y~ 1 /~+ C~ u~ 1 1 V IM ~~ ~ 60~e-p- ~1 ,,'..