HomeMy WebLinkAboutPD-163-89DN: ASH
TOWN OF NEWCASTLE
MEETING: General Purpose and Administration Committee
DATE: Monday, July 3, 1989
REPORT #: PD-163-89 — FILE #: 18T-88024 (X/REF: DEV 88-41)
SUBJECT: PROPOSED PLAN OF SUBDIVISION AND REZONING
APPLICANT: ASHDALE HOLDINGS LIMITED
PART LOT 9, CONCESSION 2,, TOWN OF BOWMANVILLE
FILES: 18T-88024 (X/REF: DEV 88-41)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-163-89 be received;
2. THAT the proposed Plan of Subdivision 18T-88024 as revised dated January, 1989
as per Attachment No. 1, be APPROVED subject to the conditions contained in this
Report;
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
Newcastle 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-163-89 and Committee and Council's recommendation be
forwarded to the Region of Durham.
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REPORT N0.: PD-163-89
l"l On May 6' 1988, the Town of Newcastle Planning and Development
Department was notified of an application for aproposed plan of
subdivision submitted by Tuuoey Planning on behalf of 754952 Ontario
Limited. The application proposed to create seventeen (17) 9.0 metre
frontage single family dwelling lots; thirty-eight (38) I2.0 metre
frontage single family dwelling lots; thirty-two (33) I5.0 metre
frontage single family dwelling lots; and a Medium Density Block
containing approximately twenty-five (25) units. The plan proposed a
total of 1I2 Vulto on a 6.316 ha parcel of land situated in Pact Lot 9,
Concession %, former Town of 8nvmaoviIIe.
1.2 In February, 1989' the Town of Newcastle Planning and Development
Department Staff were notified of a change in ovozecobip with Aabdale
Holdings (The Michael Stuart Group) being the new owners. With the
change in ownership came a revision to the design of the proposal. The
application now proposes forty (40) I2.0 metre frontage single family
dwelling units; sixty-two (62) I8.0 metre frontage semi/link dwelling
units; and eighteen (18) 6.0 metre frontage townhouse units for a total
of 120 units. The land area was also increased by approximately 0.3 ha
to 0.622 ha.
1.3 The subject property presently houses two (3) dwellings and is located
north of Concession Street, west of Mearns Avenue, and east of Bradshaw
Street. The application proposes to widen Bradshaw Street by 3.9m where
abutting. This would allow a 20 metre minimum width for a 150 metre
stretch, commencing 84 metre north of Concession Street.
1^4 The subject lands are currently vacant save and except two (2) existing
dwellings and related accessory buildings. Adjoining laud uses include
limited residential on Bradshaw Street to the west, also to the west is
u draft approved gIao of subdivision (8cbichedauz); to the unztb is
vacant land also subject to a proposed Plan of Subdivision (18T-89013);
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REPORT 0O.: PD-163-89 PAGE 3
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to the east part of the lands are zoned for tuvmzbouaeo (Durham Region
Non-Profit Housing site) and the balance are vacant, again subject to a
proposed Plan of Subdivision (18T-88037); and to the south the lands are
vacant, however subject to a proposed Plan of Subdivision.
2. OFFICIAL DIAV CONFORMITY
3.1 Within the Durham Regional official Plan the subject lands are
designated "Residential". The primary use of lands so designated shall
be for housing purposes. The application would appear to comply.
2.2 Within the Town of Newcastle Official Plan (Bowmanville major Urban
Area) the subject lands are designated "Low Density Residential" and
fall within Neighbourhood xIDn on Schedule 7-1. Within this
neighbourhood there exists a "Neighbourhood Park (N)n symbol, m "Public
Junior Elementary School" symbol, and a "Medium Density (M)n symbol.
The neighbourhood Dark has been accounted for through approval of the
Plan of Subdivision on the lands to the west (18T-87033)r which proposes
2.41 ha (5.95 acres). The school boards have both replied with no
objection to the PcoDoaoI and furthermore indicated that this school
site is now deemed not to be required. The Medium Density designation
has been addressed although in a limited fashion by the eighteen (18)
townhouses proposed in the subject application.
2.3 Plan policies state that "Low Density Residential" shall not exceed a
density of 30 units per net residential hectare and shall generally
locate at the interior of the residential neighbourhood on local or
mnIIeotoc roads. "Medium Density" developments shall have u density
greater than 30 and op to 55 units per net hectare. The tmvanb000e
component of said application has a density of approximately 33 units
per net hectare which would comply with the medium density requirement.
The single detached and semi/link units calculate to a density of
approximately 26 units per net hectare which would comply with the Low
Density provisions.
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REPORT NO.: PD-163-89 PAGE 4
2.4 The official Plan policies further state that proposed Plan of
Subdivisions are to be in conformity with the population target for the
neighbourhood® As noted above Neighbourhood "lD" has a population
target of 5000. Given said population, the neighbourhood should develop
at a rate of approximately 15.15 units per gross hectare or 20.2 units
per net hectare. Staff have reviewed the proposed and approved
development applications within this neighbourhood, and are satisfied
that should this application proceed as proposed, the balance of lands
which are not developed or presently subject to an application
(approximately 19 ha), could develop in conformity with the 15.15 units
per hectare (neighbourhood average) in order to achieve the 5000
population target.
2.5 The application does propose an overall density slightly above the
neighbourhood average at approximately 26.8 units per net hectare (16.87
units per gross hectare), however, in relation to all development
applications and the population target, the application would appear to
comply.
3. PUBLIC NOTICE AND SUBMISSIONS
3.1 Pursuant to Council's resolution of July 26, 1982 and the requirements
of the Planning Act the appropriate signage acknowledging the
application was installed on the subject lands. In addition, the
appropriate notice was mailed to each landowner within the prescribed
distance. Public Meeting for said application was held July 4, 1988.
3.2 Staff note that in July of 1988, a number of letters were received in
objection to the proposal. The letters were received in conjunction
with another townhouse project DEV 88-42 - Durham Region Non-Profit
Housing Corporation's application. The majority of the concerns address
social and economic impacts which the proposal may have on the quality
of life for the established residents of the area.
REPORT NO.: PD-163-89 PAGE 5
4.1 The original application was circulated by Staff at the Region to
various agencies and departments for comments. The Town of Newcastle
Planning Staff, in turn, undertook an internal circulation to
departments within the Town. Regional Planning Staff undertook a
limited circulation of the revised application. Agencies included the
Town of Newcastle, Regional Public Works, Central Lake Ontario
Conservation Authority, and Ministry of Natural Resources. Town
Planning Staff also completed a revised circulation to internal
departments.
4.2 The following agencies noted no objection to the proposal:
- Canadian Pacific Railway
- Ontario Hydro
- Ministry of Environment
- Ministry of Transportation
- Separate School Board
- Public School Board
- Newcastle Hydro
4.3 The Ministry of Natural Resources Staff provided comments on the
original circulation of the file and noted no objection in principle.
However, concerns were identified which are required to be addressed
prior to approval. Resources Staff noted that three (3) intermittent
watercourses traverses the subject property and flow to the Soper Creek.
In addition, they wish to protect this fish migration route against
water quality degradation. The owner/developer will be required to
prepare site drainage and soil erosion control plans acceptable to the
Ministry.
4.4 The Central Lake Ontario Conservation Authority Staff's review of the
proposal noted that the subject lands are within the Soper Creek
Tributary Master Drainage Plan Study area. At the writing of their
comments two (2) options for a Master Drainage Plan were still being
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REPORT NO.: PD-163-89 PAGE 6
considered, however, neither proposal required site specific flood and
erosion control facilities on site. Therefore, the Authority Staff have
no objection to draft approval subject to conditions of approval.
4.5 The Regional Public Works Department Staff commented that the proposed
draft plan exceeds the average density of 50 persons per hectare as
proposed in the Regional Sewage Plan. It was also noted that a proposal
has been presented which will allow servicing of the subject lands to a
sub-trunk at Concession Street and Soper Creek Drive.
In consideration of the above comments, Regional Works Staff noted no
objection subject to the standard conditions and that final approval of
the plan be withheld until such time as a Servicing Agreement has been
executed.
4.6 The Town of Newcastle Fire Department noted a concern with the subject
application in that the development of 126 units represents an
approximate population increase of 378 persons. The site, which falls
within the recognized five mile response area of Station #1
(Bowmanville) will continue to put a strain on the departments
resources, presently in place. The Town of Newcastle Community Services
Department Staff commented no objection to the application, subject to a
5% cash-in-lieu of parkland dedication.
4.7 The Town of Newcastle Public Works Department have reviewed the
application and have no objection in principle subject to conditions of
approval. The requirements include road widenings and sight triangles
be dedicated to the Town on Mearns Avenue, Concession Street and
Bradshaw Street; the applicant bearing the costs (1000) of any works on
the above-mentioned streets which are necessitated as a result of this
development; that Bradshaw be reconstructed from Concession Street to
the north limit of Lot 81 to an urban standard and that the extent of
reconstruction will be determined at the engineering stage; that the
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drainage.
5~ STAFF COMMENTS
5.1 The application has been reviewed by a number of agencies with the
respective comments outlined above. In reviewing the plan Staff note
that Street 11C11 as proposed will not be able to develop until such time
as the adjacent lands to the north develop (18T-89013). Blocks 96 and
97 are to develop in conjunction with the northwest corner of Meacoo and
Couoeooinu Streets. Presently, Staff are reviewing an application for a
commercial rezoning to permit ^Imoal Central Area" for said lands (DEV
5.2 As noted previously, the application proposes a healthy mix of
townhouse, semi-detached/link and single family dwelling units. The
proposal as noted is slightly above the neighbourhood average density,
,
however, given the approved and proposed development applications, Staff
are confident that the balance of the developable lands may proceed at
the neighbourhood average while maintaining the 5000 population target.
5.3 Prior to reviewing said application in detail, Staff required the
applicant's agent provide a conceptual street layout for a portion VZ
the neighbourhood bounded by Bradshaw Street, the Soper Creek,
Concession Street and the C.P.R. tracks. The subject application is in
compliance with said plan and allows for future road connections with
the Ministry of Government Services land (I8T-88037) to the east, it
provides o continued street pattern to the north (18T-890I3) and
oouoeotimuo with the 8obickadauo development (18T-87033) to the west.
The plan also utiIiziea the service lane concept along Memruo Avenue as
opposed to reverse frontage. This is a more attractive design, provides
an openness to the neighbourhood and reduces the need for noise
mitigation measures.
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constructed along Concession Street adjacent to Lots 95, 1 and 4 through
12, and along Mearns Avenue adjacent to Lots 33, 34 and 58. The fence
would reduce noise levels on the aforementioned lots as well as assist
in reducing levels on internal lots. The noise report concludes that
final grades may increase or decrease the noise levels and for this
reason, a Final Noise Study will be required when grading details are
available. However, based on a 1.8 m noise barrier being installed as
noted, a clause regarding outdoor noise levels will be required for
Lots 1, 8 through 12, 33, 34, 58 and 95. Noise levels at all other lots
will be less than 55 dBA.
6. CONCLUSION
6.1 In consideration of the comments contained within said report, Staff
would have no objection to the approval of the proposed Plan of
Subdivision, subject to the conditions of draft approval as contained in
Attachment No. 1 annexed hereto.
6.2 Furthermore, Staff would have no objection to the approval of the
attached zoning by-law amendment, as applied for. The amending zoning
by-law would provide for the appropriate zone categories to implement
the above-noted Plan of Subdivision (18T-88024). Staff note that
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 in order to finalize the zoning at such
time.
M
7,q
Respectfully submitted,
`l' . -�'
Franklin Wu, M.C.I.P.
Director of Planning & Development
CP *FW *jip
*Attach.
June 26, 1989
Recommended for presentation
to the Committee
Lawrence Kotseff
Chief AdrAirVistrative Officer
INTERESTED PARTIES TO BE NOTIFIED OF COMMITTEE AND COUNCIL'S DECISION
Anthony Geboers
79 Concession Street
BOWMANVILLE, Ont. L1C
1Y4
Ruth Grant
48 Concession St.E.
BOWMANVILLE, Ont. L1C
1Y3
Rose Dickson
46 Concession Street
BOWMANVILLE, Ont. L1C
1Y3
Ms. Joan Fruin
190 Mearns Avenue
BOWMANVILLE, Ont. L1C
3K5
Householder
248 Mearns Avenue
BOWMANVILLE, Ont. L1C
3K5
Tunney Planning
117 King St., Box 358
WHITBY, Ontario L1N
5S4
Larry Watson
77 Concession St.E.
BOWMANVILLE, Ont. L1C 1Y4
Henry & D. Pearse
56 Concession St.
BOWMANVILLE, Ontario L1C 1Y3
Irene Snodden
85 Concession Street
BOWMANVILLE, Ont. L1C 3K5
Brian William
63 Concession Street
BOWMANVILLE, Ont. UC 3K5
Mr. & Mrs. Elston
R.R. #4
BOWMANVILLE, Ont. L1C 3K5
Ms. Betty Fogg
81 Mearns Avenue
BOWMANVILLE, Ont. L1C 3L3
Joe & Marg Piper
60 Mearns Avenue
BOWMANVILLE, Ont. L1C 3L3
Michael Stuart Group
Mr. Allan Windram
85 West Beaver Creek Rd., Unit 2
RICHMOND HILL, Ont. L4B 1K4
Mr. George Bellman
R.R. #4
BOWMANVILLE, Ont. L1C 3K5
. 7 1
ATTACHMENT NO. 1
SUBDIVISION 18T-88024
CONDITIONS • APPROVAL OF FINAL PLAN REGISTRATION
1. That this approval applies to draft Plan of Subdivision 18T-88024,
prepared by Tunney Planning, dated (revised) January, 1989, showing Lots
42 to 87 inclusive for single family detached dwellings, Lots 1 to 3
inclusive, 22 to 41 inclusive and 88 to 95 inclusive for semi-detached or
linked dwellings, Lots 4 to 21 for townhouses, 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 qualified Engineer to prepare and
submit a Noise Study to the Director of Planning and Development
recommending any necessary noise attenuation measures and all lots
requiring clauses on title.
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6. That the Owner shall retain a professional engineer to prepare and
submit a Master Drainage and Lot Grading Plan to the Director of
Public Works for review and approval. All plans and drawings must
conform to the Town's Design Criteria as amended from time to time.
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, sight triangles, 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, cash-in-lieu of parkland dedication at a rate of
either five percent (50) or 1 hectare per 300 dwelling units, whichever
is greater.
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.
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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.
14. That prior to the issuance of building permits, the Owner shall,
through its acoustic engineer, provide a certification to the
Director of Planning, certifying that the Builder's DIaoo are in
accordance with the Noise Oontrml Report as approved by the Region of
Durham and the Town of Newcastle.
B. That prior to the issuance of building permits, access routes to the
subdivision moat 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, tire
access routes be maintained according to Subsection 2.5.1.2 of the
Ontario Fire Code, storage of combustible waste he maintained as per
Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the
Ontario Fire Code.
16. The Owner agrees that where the well or private water ooDDly of any
person is interfered with asa 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.
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17. That prior to any grading or construction on the site, the owner shall
prepare site drainage and soil erosion control plans which shall be
acceptable to the Ministry of Natural Resources. These plans will show
all proposed surface drainage works and will describe the means to
minimize or eliminate on-site erosion and the direct discharge of
stormwater flow into the tributaries, both during and after
construction.
18. That the applicant bear the costs (100%) of any works on Mearns Avenue,
Concession Street and Bradshaw Street which are necessitated as a result
of this develofpment (ie. intersection improvement, utility relocation,
ditch grading, sodding, street lighting, sidewalks etc.).
19. That Bradshaw Street be reconstructed from Concession Street to the
north limit of Lot 81 to an urban standard, local road (both sides) as
per Town of Newcastle standards.
20. That contributions be made as per Town Policy for'the upgrading of
Concession Street and Mearns Avenue.
21. That a temporary turning circle be constructed at the north limit of
Street "All until such time as development to the north takes place.
22. That building permits be withheld on Lots 45 through 73 until such time
as access is provided to Street "C".
23. That a Site Servicing Report be prepared to the satisfaction of the
Director of Public Works encompassing among other things internal and
external drainage affecting the branches of the Soper Creek and external
areas, as well as geometrics of road designs.
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24. That no grading, filling, construction or alteration to watercourses
shall occur on the site without the written approval of the C.L.O.C.A.
25. That prior to the commencement 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.
26. That prior to the commencement of site preparation, the owner shall
obtain C.L.O.C.A. approval of 100-year storm overland flow routing for
the plan. A brief report is to be submitted which illustrates overland
flow routing for the site and the manner in which flows will be directed
to the Soper Creek tributary south of Concession Street.
27. That 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.
Dev. 88�41
577
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L 0 T 8
CONCESSION 2
------------------------------
M E A R N S
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DN: 88024
THE CORPORATION OF THE TOWN OF NEWCASTLE
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- 88024;
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 113" to By -law 84 -63, as amended, is hereby further amended
by changing the zone designation from:
"Urban Residential Exception (R1 -16)" to "Holding - Urban Residential
type One ((H)R1) ";
"Agricultural (A)" to "Holding - Urban Residential Type One ((H)Rl) ";
"Agricultural (A)" to "Holding - Urban Residential Type Two ((H)R2)11;
"Agricultural (A)" to "Holding - Urban Residential Type Three (H)R3)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
579
This is '
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B .r 89-
passed this —,day
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DN: B/L
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY -LAW NUMBER 89-
being a By -law to authorize the entering into an Agreement with
and the Corporation of the Town of Newcastle for the
development of Plan of Subdivision 18T- 88024.
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 on behalf of
the Corporation of the Town of Newcastle, and seal with the Corporation's seal,
an Agreement between 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 -LAW read a third time and finally passed this day of
1989.
MAYOR
CLERK
581