HomeMy WebLinkAboutPD-261-89 "" ` -- TOWN OF NEWCASTLE
N: NORAItM REPORT F i l e #6o..46,
Res. #
By-Law #
MEETING: General Purpose and Administration Committee
DATE: Monday, October 23, 19 89
REPORT #: PD-261-89 FILE #: 18T 88071 (X-REF DEV 88-76)
SLBJECT: APPLICATIONS FOR SUBDIVISION AND ZONING BY-LAW AMENDMENT
NOR-ARM DEVELOPMENTS, PART LOT 9, CONCESSION 11 BOWMANVILLE
FILE: 18T-88071 (X-REF DEV 88-76)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-261-89 be received;
2 . THAT the proposed Plan of Subdivision 18T-88071 as revised
dated August, 1989 as per Attachment No. 1, be APPROVED
subject to the conditions contained in this Report;
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3. THAT the Mayor and Clerk be authorized, by by-law, to execute
a Subdivision Agreement between the applicant/owner and the
Corporation of the TOwn of Newcaslte at such time as an
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 be APPROVED and
that the "Holding (H) " symbol be removed by By-law upon
execution of a Subdivision Agreement; and
5. THAT a copy of Report PD-261-89 and Committee and Council's
recommendations be forwarded to the Region of Durham Planning
Department and interested parties attached hereto.
1. BACKGROUND
1. 1 On July 17, 1989, Staff presented a report for Committee and
Council's consideration recommending the above noted rezoning
application and the proposed Plan of Subdivision be Denied.
On July 24, 1989, Council by resolution approved the following
recommendation: "THAT Report PD-187-89 be tabled until
September 5, 1989 . . . .2
582
REPORT PD-261-89 PAGE 2
1.2 Commencing with a meeting July 28, 1989 and throughout the
month of August, Staff discussed with the applicant and his
agent the shortcomings of the subject application. It was
resolved that the applicant would undertake an "Environmental
Impact Analysis" on the subject lands as well as attempt to
acquire additional lands from neighbouring properties .
1. 3 Gartner Lee was commissioned to undertake the study which was
to review among other matters: sedimentation; Fisheries in
the main branch; entent of eradication of vegetation;
determine top of bank; and calculate both flows and siltation
levels related to the site. The intent of the study from
Ministry of Natural Resources perspective was to determine how
water quality for Soper Creek could be protected while
allowing the development to proceed.
1.4 On August 29, 1989, Staff received copies of the revised
Proposed Plan of Subdivision. The revised plan proposes
seventy-four (74) , 6 . 0 m minimum frontage street townhouses
eight (8) , 18 m minimum frontage semi-detached/link lots and
a block for 500 m2 of commercial floor space. This
constitutes a reduction of five (5) townhouses from the
previous submission. In addition, the application proposed
to shift the location of the lots and road 4 .0 metres ( 13. 12
feet) to the west, in effect relocating the road allowance 4
metres on to the adjacent properties owned by Public School
Board and Combo Homes. Also on August 29, 1989, Staff
received a copy of preliminary Environmental Impact Analysis
and Top-of-Bank Report, prepared by Gartner Lee Limited.
1.5 On September 5, 1989, in accordance with the Council
Resolution of July, the General Purpose and Administration
Committee dealt with the application and made the following
recommendations: "THAT Report PD-187-89 be referred back to
Staff for review and report on the updated comments as soon
as possible. " The applicant has since been negotiating with
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REPORT NO PD-261-89 PAGE 3
the Northumberland and Newcastle Public School Board and
Combo Homes to acquire the necessary 4 . 0 m strip of land
required to allow the development to proceed above the top-
of-bank as delineated in the Gartner Lee Report.
1.5 In August, the applicant submitted an Official Plan Amendment
application to allow the development of 1350 sq. m of
commercial floor space on the commercial block. The
application is being circulated separately and is independent
of the subject applications .
2 . OFFICIAL PLAN CONFORMITY
2 . 1 As previously noted in Report PD-187-89, the subject property
designated "Residential" with indications of "Hazard Lands"
and "Environmentally Sensitive Areas" in the Durham Region
Official Plan. The proposed residential and convenience
commercial uses appear to be permitted.
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2 .2 The Durham Plan notes that the extent and the exact location
of such environmentally sensitive areas shall be determined
at the time of development application. It further notes that
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Council shall endeavour to retain in a natural state, wherever
possible, the areas identified as environmentally sensitive.
Provisions within the Durham Plan allow development in
environmentally sensitive areas, to the extent that the type
and magnitude is compatible with environmental conditions .
Section 1. 3.9 of the Region's Plan requires a study be
undertaken by the local Council prior to approving any
development applications within the environmental sensitive
area. The study, in co-operation with the Conservation
authority, should satisfy Council and the Region with regards
to the following issues:
a) the type and degree of sensitivity of the environmental
conditions;
b) the compatibility of the proposed development with the
environmentally sensitive area(s) ; . . .4
,54
REPORT PD-261-89 PAGE 4
c) the need for and the definition of mitigating measures
to cope with the sensitivity of the environmental
conditions;
d) the location, amount and type of development; and
e) the location and extent of those sensitive area(s) which
should be preserved.
2 . 3 In the Town of Newcastle Official Plan (Bowmanville Major
Urban Area) , the subject property is designated "Main Central
Area" and "Low Density Residential" with indications of
"Hazard Lands" (Schedule 7-1) . The lands within the "Main
Central Area" designation are further defined as "Medium and
High Density Residential" predominant use area on Schedule 7-
2 . Development within the "Medium and High Density
Residential" designation shall exceed 30 units per ha. The
"Low Density" designation allows for a maximum of 30 units
per net ha. Schedule 7-3 identifies a small portion of the
subject site as being environmentally sensitive. The Town's
Plan requires any development proposal within lands identified
as being environmentally sensitive be examined through th;e
preparation of an Environmental Impact Analysis, to be
conducted by or under the direction of the Town. The analysis
shall be undertaken in accordance with the provisions of
Section 7 .2 .4 .2 (ii) and shall be to the satisfaction of the
Town, the Region, the Central Lake Ontario Conservation
Authority and the Ministry of Natural Resources .
2 .4 The Town of Newcastle Official Plan allows for development of
redevelopment of "Hazard Lands" subject to the regulations of
Central Lake Ontario Conservation Authority and the Durham
Region Official Plan. (It should be noted that the
Conservtion Authority's regulations for 'cut and fill' does
not apply to the subject lands) . However, the Plan further
states that "Hazard lands" shall be primarily for the
preservation and conservation of the natural land and/or
environment. It also notes that the extent and exact location
. . .5
585
REPORT PD-261-89 PAGE 5
of such lands shall be identified in Zoning By-law in
consultation with Central Lake Ontario Conservation Authority.
2 .5 The division of designations on the subject property between
the "Main Central Area" and the "Low Density Residential" with
"Hazard Land" indications has made density difficult to
distinguish and calculate. As the "Hazard Land" indications
of the "Low Density Residential" designation appears to form
the boundary between the two designations, Staff have
suggested applying the top-of-bank, as providing the physical
division. The Gartner Lee study would indicate the top-of-
bank as following roughly the rear lot line of the proposed
lots . In consideration of this it would appear the proposed
90 units would be in the 'medium and high density residential'
designations. The revised application as submitted proposes j
a net residential density of 40. 18 units per net residential
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hectare. This would appear to be in conformity with the
Town's Official Plan policies .
3 . COMMENTS FROM CIRCULATED AGENCIES
3 . 1 The application was circulated by Regional Planning Staff to
various agencies and departments for comments. Town Planning
Staff in turn undertook an internal circulation to departments
within the Town. The following departments and agencies have
noted no objection to the proposal: Ministry of
Transportation, Peterborough Victoria Northumberland Newcastle
Seperate School Board, Northumberland Newcastle Public School
Board, Newcastle Hydro, Regional Health Department, Ministry
of Agriculture and Food and Ministry of Environment.
3 .2 The Town of Newcastle Public Works Department Staff noted no
objection in principle to the applicaiton, subject to various
conditions of approval . The applicant is required to conform
to any storm water management requirements imposed by the
Public Works Dapartment; that the proposed Court 'B' right-
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REPORT PD-261-89 PAGE 6
of-way be located completely outside of the established flood
plain; and that all standard requirements apply.
3. 3 The Community Services Department review of the application
also received no objection subject to conditions . The
applicant will be required to extend the Open Space (Block 84)
to include as a minimum the area from the top of the bank to
top of bank; that Block 84 as adjusted be dedicated to the
Town gratuitously as Open Space; that the portion of Block
84 between lots 67 and 68 be developed to provide a safe and
usable access point for vehicles to enter the ravine; and
that the 5 percent land dedication requirement be accepted as
cash-in-lieu.
3.4 The Town of Newcastle Fire Department noted the application
represents an approximate increase in population of 285
persons and although the site falls within the recognized
response area of Station #1, Bowmanville, it should be noted
that this site along with the continued growth in the
Bowmanville area will, in time, have an effect on the level
of service this station is able to maintain. They further
noted compliance to the Fire and Building Codes should be
adhered to prior to any building permit being issued.
3.5 Regional Planning Staff's comments on the rezoning
applicatiuon noted the subject property is designated
"Residential" in the Durham Regional Official Plan which
permits residential and convenience commercial uses. They
also noted there exists indications of "Environmentally
Sensitive Areas" and "Hazard lands" on the subject site, and
noted Section 1. 3.9 requires the preparation of a study prior
to the approval of development applications in
"Environmentally Sensitive Areas" .The Comments further noted
the designations of the site in terms of the Town's Official
Plan, that being "Low Density Residential" and "Main Central
Area - Medium and High Density Residential" . Again there are
p . . .7
REPORT PD-261-89 PAGE 7
indications of "Hazard Lands" and "Environmental Sensitivity. "
Further reference was made to the requirements of an
environmental impact analysis.
3.7 Regional Public Works Staff's review of the application noted
no objection in principle, noting full municipal services are
available. Conditions of approval include the granting of a
12 metre easement between Street "A" and Royal Pines Court
( 18T-88076) . The applicant has allowed for a services
easement between lots 39 and 40 although it is 7 .5 m as
opposed to 12 . 0 m as requested by Regional Public Works Staff.
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3 . 7 The Central Lake Ontario Conservation Authority Staff have
provided comments on the revisions and note the plan is
acceptable subject to conditions of approval. The comments
review the changes which have been proposed noting some lots
may still intrude bvelow the regional storm flood line. They
note that it may be possible to raise these levels by filling
to an elevation above that of the flood line. However, it
should be noted that the existing flood line abuts several
proposed lots, across the valley, in 18T-88076 . Therefore,
any filling would be permitted to create only negligible
increases in flood depths through this section of the valley.
3 .8 Ministry of Natural Resources Staff have reviewed the most
recent modifications and noted that the resource concerns
expressed in previous correspondence remain essentially the
same. However, the Ministry no longer has an objection
subject to a number of conditions . This includes prior to any
grading, vegetation removal or construction, the owner shall
prepare drainage and erosion control plans acceptable to the
Ministry; That detailed plans be submitted regarding any
alteration to the watercourse; That prior to vegetation
removal, grading or construction, the applicant construct a
permanent 1. 2 m chain link fence along the rear of lots 25 to
77 inclusive; That in addition a snowfence and geotextile
. . .8
588
REPORT PD-261-89 PAGE 8
fabric be located in the rear of lots 25 to 77 inclusive for
erosion control purposed.
3 . 9 The Public School Board Staff provided no objection to the
application, however have requested access to their lands
through Street 'A' , provisions for street lighting and tree
planting along the school frontage, a pedestrian walkway in
the vicinity of Lot 39 and 40 through Block 84 to access the
residential developments on the east side of the creek (ie:
foot brdige over creek) , a 1.8 m high chain link fence along
the common property line and a sidewalk along Street W . All
the above conditions would have to be met should the land
transaction take place. The School Board's finance Committee
has recommended approval of the transaction subject to various
conditions . As of the date of writing this report the School
Board's Committee as a whole had not met to finalize the
transaction.
4 . STAFF COMENTS
4 . 1 The Gartner Lee "Environmental Impact Analysis" and
Preliminary Top-of Bank Study as submitted identified the
location of "well defined slopes" as opposed to the "poorly
defined slopes" . The report in summary provided a conclusive
location for the top-of-bank as it effects the subject
property. In consideration of Staff's interpretation of the
Zoning By-law, this represents a refinement of the
"Environmental Protection (EP) " zone as delineated in the
Town's Comprehensive Zoning By-law.
A complete assessment of environmental conditions was to be
provided in a final report, which was expected to be completed
in mid-September.
4 .2 The study reviewed the existing conditions, potential impacts
and mitigative measures related to the development. The
report details stormwater discharge, sediment loading of
. . .9
589
REPORT PD-261-89 PAGE 9
watercourse, construction in or near watercourses and post
construction disturbances . In conslusion the study that the
protection of Soper Creek should be of primary concern during
the development of this property.
4 . 3 The Ministry of Natural Resources Staff have requested the
applicant to survey the rear lot lines as proposed in the most
recent revision in order to determine the acceptability of the
Plan. This approach to determining the extent of encroachment
into the perceived sensitive lands, has allowed Resources
Staff to satisfy themselves the proposal may proceed subject
to stringent conditions of approval.
4 .4 Concerns had previously been noted that the proposed Street
'A' is a long cul-de-sac, in excess of 450 m ( 1475 ft. ) ,
having approximately seventy-eight (78) units accessing it
and with no provision for an emergency access. Staff at G.
M. Sernas and Associates have indicated that Combo Homes, who
own lands immediately west of the subject site are proposing
to submit a new development applications . This application
proposes a connection from Street 'A' to King Street. This
revised proposal would alter the existing site plan agreement
which dates back to September 1974 . It is also noted that the
transaction between Combo Homes and Nor Arm Developments for
a 4 .0 m strip of land would in itself alter the 1974 Site Plan
Agreement. The approved townhouses would then have only a 3.5
m rear yard which does not comply with the Town's Zoning By-
law, nor the Registered Site Plan Agreement.
4 .5 In order to ensure school children will have quick and easy
access to Vincent Massey School, Staff have included in the
conditions of approval requiring the owner of this subdivision
to construct pedestrian foot bridge(s) over the open space
block to connect to the existing and proposed walkways east
of the proposed subdivision.
. . .10
590
REPORT PD-261-89 PAGE 10
4 .5 The applicant is also seeking approval for a commercial
component at the intersection of King Street (Highway #2) and
Street W . The Official Plan policies for the Medium and
High Density predominant use area of the "Main Central Area"
designation have been reviewed, and it would appear the
commercial component is permitted. The applicant will be
required to submit an application for Site Plan Approval in
order to develop the commercial block.
5. CONCLUSION
5 . 1 In consideration of the above comments, the latest revised
plan of subdivision has resolved the concerns cited earlier
in Report PD-187-89 . In this regard, Staff would recommend
that the subdivision application for 90 residential units be
approved with Block 83 retained by the applicant for future
development.
Respectfully submitted, Recommended for presentation
to the Committee
i
L
Franklin Wu, M.C. I .P. wrenc `E. Kotseff
DIrector of Planning Chief 'nistrative
and Development Officer
FW*cc
*Attach
i
16 October 1989
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REPORT PD-261-89 PAGE 11
Interested parties to be notified of Council and Committee's
decision:
Nor Arm Developments R. Bourke
1110 Sheppard Ave. E. 21 Orchard Park Drive
Suite 500 Bowmanville, Ont. L1C 3K8
Willowdale, Ont. M2K 2W2
Mrs. Sophie Pirdie
Hendry Investments 19 Orchard Park Drive
32 King St. E. ',-/'Bowmanville, Ont. L1C 3S8
Apt. 601
Bowmanville, Ont. L1C 1R1 Mr. M. Nimigon
280 King Street East
_/Joane Draper Bowmanville, Ont. L1C 1P9
15 Peachtree Cres . Z&an a+t s
Bowmanville, Ont. L1C 4K9 Mrs . J-e,a-n a s
Administration
Linda and Barry Draper Strathaven Nursing Home
23 Orchard Park Drive 264 King Street East
Bowmanville, Ont. L1C 4B1 Bowmanville, Ont. L1C 1P9
G. M. Sernas & Associates Wayne Holroyd
110 Scotia Court, Unit 41 11 Peachtree Cres .
Whitby, Ont. L1N 8Y7 Bowmanville, Ont. L1C 4K8
X92
DN: NORARM
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
PLAN IDENTIFICATION
1. That this approval applies to draft Plan of Subdivision 18T-88071,
prepared by G. M. Sernas and Associates Ltd®, dated (revised) August
1989 (and further revised in red as per the attached plan) showing
eight (8) lots for semi-detached or linked dwellings, seventy-four
(74) lots for townhouse dwellings, Block 84 for Open Space, and
various blocks for 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.
REQUIREMENTS 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 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.
6. 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.
. ®.2
193
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CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT
7. 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.
8. That all easements, road widening, and reserves as required by the
Town shall be granted to the Town free and clear of all
encumbrances.
9. That the Owner shall pay to the Town at the time of execution of the
subdivision agreement, five percent (5%) cash-in-lieu of parkland
dedication for residential development and two percent (2%)
cash-in-lieu of parkland for comercial development.
10. That the Owner shall pay to the Town, at the time of execution of
the Subdivision Agreement, development charge levy and any other
charges in effect at the time of execution and further agrees to
abide by the Town's payment schedule as amended from time to time.
11. That the Owner shall provide and install sidewalks, street lights,
temporary turning circles etc. as per the Town's standards and
criteria.
12. That the Owner shall cause all utilities, including, hydro,
telephone, Cable TV, etc. to be buried underground.
13. That the Owner shall provide the Town, at the time of execution of
the subdivision agreement, 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.
. . .3
_ 3 _
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONY D)
14. 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 j
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.
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15. 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 intereference.
16. That the applicant conform to any storm water management
requirements as imposed by the Public Works Department.
17. That the Court "B" right-of-way be located completely out of the
established flood plain.
18. That the owner be responsible for the erection of a 1.8 m chain link j
fence, street lighting and tree planting along the common boundary
of the school and the subject site, with allowance made for access j
to the School Board's satisfaction.
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19. That a sidewalk be constructed along Street "A".
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595
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CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D)
20. That the owner be responsible for the construction of a pedestrian
access through the open space in the form of a walkway over the
creek to provide a link with existing and proposed developments on
the east side of the creek, and said walkway to be build to the
satisfaction of the Director of Community Services and the Public
School Board.
21. That the applicant acquire a 4 m strip of land along the west
boundary of the subject site prior to entering into a Subdivision
Agreement.
22. That prior to any grading or construction on site, including
vegetation removal, the owner shall prepare drainage and erosion
control plans. These plans must be acceptable to the Ministry and
will describe the intended means of conveying stormwater flow, the
anticipated impact of the development on water quality, the means
whereby erosion and sedimentation and their effects will be
minimized on the site both during and after construction, site soil
conditions and site grading plans.
23. That detailed plans be submitted regarding any alteration to the
watercourse - including new spillways, culverts, sanitary or storm
sewers. Any proposed alterations require approval under the Lakes
and Rivers Improvement Act.
24. That prior to any vegetation removal, grading or construction on
site, the owner shall erect a permanent, unbroken six foot high
wood privacy fence along the rear of the following lots:
(a) 25-39 (inclusive)
(b) 40-67 (inclusive)
(c) 68-77 (inclusive)
In addition, this same fence should be extended along the north lot
line of lot 25, the south lot line of Lot 39, the north lot line of
lot 40, the east lot line of lot 67 and the west lot line of lot 68.
596 .. .5
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CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D)
25. That in addition to the above, the owner shall erect a snow fence
with geotextile fabric in the locations identified in 24 above. This
barrier shall remain in place until all grading, construction and
landscaping is complete. This snow fence with geotextile fabric
should also be placed along the entire outer edge of "Court B" from
the eastern limit of Lot 77 to the North eastern limit of Lot 78.
26. That the subdivider's agreement between the owner and the
municipality contain the following provisions in wording acceptable
to this Ministry:
(a) that the owner agreees to implement the works described in
Condition 22;
(b) that the owner agrees to erect and maintain both the permanent
chain link fence and the temporary snow fence as outlined in
Conditions 24 and 25;
(c) that the owner agrees to maintain all stormwater management,
erosion and sedimentation control structures operating and in
good repair throughout the construction period to the
satisfaction of the Ministry of Natural Resources (MR) ; and
(d) that the owner agrees to notify the Lindsay MR office at least
48 hours prior to undertaking any site development works.
27. No grading, filling, construction or alteration to watercourses
shall occur on the site without the written approval of the Central
Lake Ontario Conservation Authority.
28. Prior to the comnnencement of site preparation, including the rough
grading of roads, the owner shall obtain C.L.O.C.A. approval of
sedimentation control and grading plans for the subject lands.
...6
597
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CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D)
29. Prior to the commencement of site preparation, the owner shall
obtain C.L.O.C.A. approval of minor and major flow routing for the
plan. A report is to be submitted which addresses flow routing for
the site, the manner in which flows will be directed to the Soper
Creek tributary south of Concession Street, the creek channel
erosion within the plan.
30. Prior to the commencement of site preparation, the owner shall
delineate the rear limits of lots abutting the Soper Creek tributary
in the field and shall submit engineering and environmental
information to the satisfaction of the Authority addressing the
means through which the lots can be removed from the floodplain and
addressing the impact of the intrusion of the lots into the
environmentally sensitive valley area.
31. Block 84 shall be dedicated to the Town of Newcastle and zoned to
prohibit buildings and structures other than those needed for flood
or erosion control.
32. Prior to final approval, the C.L.O.C.A. is to be satisfied:
(a) that no lots will be prone to flooding under the greater of
regional or 100-year sotrm conditions; and
(b) that the requirements of the Soper Creek Tributary Master
Drainage Plan pertaining to the site will be carried out to
the Authority's satisfaction.
33. The owner shall agree in the subdivision agreement with the Town of
Newcastle to carry-out or cause to be carried-out to the
satisfaction of the C.L.O.C.A. :
(a) site grading, sedimentation control and minor and major flow
routing; and
(b) the requirements of the Soper Creek Tributary Master Drainage
Plan as they pertain to this site.
aD98
NORA I
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 89-
being a By-law to authorize the entering into an Agreement with `;or-arm
Developments Inc. and the Corporation of the Town of Newcastle _`.r the
development of Plan of subdivision 18T-88071.
The Council of the Corporation of the Town of Newcastle hereby enacts as
follows:
1. THAT the Mayor and Clerk are hereby authorized to execut_ on behalf of
the Corporation of the Town of Newcastle, and seal with the Corooration's seal,
an Agreement between Nor-arm Developments Inc. and the said Corporation
dated the day of , 1989, in the form attached hereto
as Schedule "A".
2. THAT the Mayor and Clerk are hereby authorized to accept, on behalf of
the Town, the said conveyances of lands required pursuant to the aforesaid
Agreement.
3. THAT Schedule "A" attached hereto forms part of this By-law.
BY-LAW read a first time this day of 1989
BY-LAW read a second time this day of 1989
BY-LAM read a third time and finally passed this cal of
1989.
MAYOR
CLERK
D
DN: NORARM
THE CORPORATION OF THE TOWN OF NEti4CASTLE
BY-LAW NUMBER 89-
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 recommends
to the Region of Durham for approval of draft Plan of Subdivision 18T-88071;
and
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;
NOW THEREFORE BE IT RESOLVED THAT 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:
"Environmental Protection (EP)" to "Holding - Urban Residential type
Three ((H)R3)";
"Environmental Protection (EP)" to "Holding - Urban Residential type
One ((H)Rl)
"Holding - Urban Residential Type Three ((H) R3) to "Holding - Urban
Residential Type One ((H)Rl)";
"Holding - Urban Residential Type Three ((H) R3) to "Holding -
Neighbourhood Commercial ((H) C2)11.
as shown 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 passing hereof,
subject to the provisions of Section 34 of the Planning Act.
BY-LAW read a first time this day of 1989
BY-LAW read a second time this day of 1989
BY-LAW read a third time and finally passed this day of
1988.
MAYOR
CLERK
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passed this —. day of , 1989 A.D.
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