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HomeMy WebLinkAboutPD-260-89TOWN OF NEWCASTLE DANIEL REPORT DING: General Purpose and Administration Committee DATE: Monday, October 23, 19 8 9 REPORT #: PD- 260 -89 FILE #: 18T -88047 (X -REF DEV 88-59) SUBJECT: APPLICATIONS FOR SUBDIVISION AND ZONING BY -LAW AMENDMENT BOWMANVILLE WEST DEVELOPMENT LTD. PART LOT 17, CONCESSION 1, FORMER TOWN OF BOWMANVILLE FILE: 18T -88047 (X -REF: DEV 88 -59) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 260 -89 be received; 2. THAT the proposed Plan of Subdivision 18T -88047 as revised dated June 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 t - the satisfaction of the Director of Public Works and Dir6ctor 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- 260 -89 and Committee and Council's recommendations be forwarded to the Region of Durham Planning Department and the interested parties indicated hereto. 1. BACKGROUND 1.1 In June, 1988, the Town of Newcastle Planning and Development Department received an application to amend the Town of ...2 REPORT PD-260-89 PAGE 2 Newcastle Comprehensive Zoning By -law 84 -63, as amended. The application was submitted by Design Plan Services Inc. on behalf of West Bowmanville Developments Ltd. The rezoning would permit the development of a 29.85 ha (73.8 acres) parcel through Plan of Subdivision, located south of Highway No. 2, west of Green Road and north of the CP Rail right -of -way. 1.2 The application has been revised and currently proposes a total of 409 residential units consisting of thirty (30), 15 m (50 ft.) minimum frontage singles; seventy -two (72), 13.7 m (45 ft.) minimum frontage singles; one hundred and fifty one (151) , 12 m ( 40 ft.) minimum frontage singles; and forty - six (46), 18 m (60 ft.) minimum frontage semi - detached /link lots. The proposal also includes sixty -four (64), 6 m (20 ft.) minimum frontage street townhouse units; a 2.17 hectare block for future development; and a 2.73 hectare park block. 1.3 The property is presently used agriculturally and is bounded to the north by Highway # 2, to the east by Green's Road, and to the south by the Canadian Pacific Railway line. The property is surrounded by limited residential to the west, north and east. In addition various applications for commercial development have been submitted on the lands to the east. 1.4 It is noted that in compliance with requests from the Region, C.P. Railway, and the Ministry of the Environment, the applicant has submitted a noise feasibility study in support of the application. 2. PUBLIC NOTICE AND SUBMISSIONS 2.1 Staff would note for the Committee's information that, pursuant to Council's resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate signage ...3 ' ! REPORT PD-260-89 PAGE 3 acknowledging the application was installed lands and, surrounding property owners were proposal. It is noted that four (4) individuals made the subject applications. However, to date have been received and no concerns or issues 3. OFFICIAL PLAN CONFORMITY on the subject advised of the enquiries about no submissions raised. 3.1 Within the Durham Region Official Plan the subject property is designated "Residential" at the western edge of the "Major Urban Area ". The predominant use of lands so designated shall be for residential purposes. The application would appear to comply. 3.2 Within the Town of Newcastle Official Plan the subject lands are designated "Low Density Residential ". The low density residential designation allows a maximum of 30 units per net residential hectare. The subject lands are located in Neighbourhood 13C' which proposes a population target of 2500 people. The Plan further notes a "High" and "Medium" density symbol as well as "Local Central Area" a "School" and "Park" site. The application proposes to incorporate medium density development as well as the park site. 3.3 The application has an overall density of 22.5 units per net hectare. The townhouse blocks propose a density of 43.8 units per hectare which complies with the medium density designation. The overall plan calculates to a gross density of 16.6 people per gross acre, which is consistent with the allowable density for Neighbourhood 13C' given a population of 2500 and an approximate acreage of 150. 3.4 Block 326 (2.17 ha) which the applicant has reserved for 4 ...4 REPORT PD- 260 -89 PAGE 4 future development has been reviewed by Staff in terms of conformity to the Town Plan. Although the applicant has provided Staff with no indication for the future of this block, a possible road pattern for low density residential development, in conformity with the Official Plan has been successfully demonstrated. Should the applicant wish to proceed with either a commercial or higher density residential development, an application to amend the Town's Official Plan would be required. 4. AGENCY CObMNTS 4.1 In accordance with departmental procedures, the Rezoning and Subdivision applications were circulated to various agencies for comment and input. All the agencies appear to be satisfied with the proposal as submitted subject to conditions of approval, except for the Canadian Pacific Railway. 4.2 The Canadian Pacific Rail Staff as noted above have objected to the proposal. They note that residential development adjacent to the right -of -way is not compatible with railway operations. However, should the application be approved, C.P. Rail has requested a number of conditions be imposed on the development. This includes a combination berm and noise attenuation fence to be erected on adjoining lands parallel the right -of -way; that clauses be put on title advising of the potential noise; that all dwellings be setback a minimum of 30 m from right -of -way; and that a chain link fence 1.83 m high be constructed and maintained along the common property line at the developer's expense. 4.3 The Town of Newcastle Public Works Department provided no objection to the proposal following their review, although several conditions of approval were provided as follows: All drainage concerns be dealt with in a manner consistent with the Storm Water Management Report; that the applicant enter into a cost - sharing agreement with the Town for the provision ...5 J REPORT • PAGE 5 of sidewalks and streetlighting on Highway # 2, easterly to Roenigk Drive; that various lots be frozen to allow temporary turning circles; that Green Road be reconstructed; that the owner not commence any grading until all storm drainage easements have been conveyed to the Town; and that all the usual subdivision requirements be imposed. 4.4 The Fire Department Staff noted that this application, in conjunction with the dvelopments on the east side of Green Road, will have a major impact on the required level of service in the area. The site is within the response area of Station # 1, Bowmanville. The development of subdivisions in this area will have a definite impact on the goal of obtaining 3 - 4 minute response time to all parts of the urban area. 4.5 The Community Services Department review of the application noted the future population within this proposed subdivision can adequately be serviced by the proposed 2.26 hectare park site. In addition their comments noted that a suitable neighbourhood park may be developed with the acquisition of additional lands to the east. Conditions of approval include the development and undertaking of a master plan for the park and that the unopened road allowance as it abuts the park block 311 be developed in conjunction with the park. 4.6 Ministry of Transportation Ontario Staff have reviewed the proposal and find it acceptable in terms of access to Highway # 2. Conditions of approval to be included are as follows: that a 0.3 m reserve along Highway # 2 be conveyed to the Ministry of Transportation Ontario; that a storm water management report and drainage plan for the Ministry's review be submitted; that a traffic report anticipating peak hour volumes be submitted; and that the applicant enter into an agreement with regards to the responsibility of Highway #2, street 'A' intersection. 6 3 REPORT PD-260-89 PAGE M 4.7 Ministry of Natural Resources Staff review of the proposal also provided no objection, although various conditions of approval have been included. Ministry Staff have requested that prior to final approval, grading or construction on site the owner shall prepare a storm water and erosion control plan acceptable to Ministry of Natural Resources and that the subdivision agreements contain provisions acceptable to the Ministry Staff. 4.8 The Central Lake Ontario Conservation Authority Staff review of the application has not provided detailed written comments for the application. However the following comments were provided verbally: That all drainage concerns be dealt with in a manner consistent with the Storm Water Management Report and that the owner not commence any grading or construction until all storm drainage easements have been obtained and conveyed to the appropriate authority. 4.9 Regional Public Works Staff have also provided verbal comments on the subject application. Through their review of the application and various servicing reports they have noted that based on the Region's Sewerage Plan, the anticipated average density for this area is 46.3 persons per gross hectare. Their analysis indicates that the density proposed will exceed this figure. It was further noted that a portion of street 'J' can not be serviced by gravity flow and is therefore considered to be outside of the urban area boundary. It was also noted that the applicant will be responsible for all costs associated with external services required by this development as municipal water and sewer are presently not available to the site and further the applicant /owner will be responsible for all other standard conditions of approval. 4.10 Ministry of the Environment Staff have noted in earlier correspondence that they have identified a serious noise ...7 64 REPORT PD- 260 -89 PAGE 7 concern due to the development's proximity to the Canadian Pacific Rail right -of -way, and therefore recommended that a noise feasibility study be prepared prior to draft approval. The applicant's consultant has prepared and submitted a Noise Feasibility Study in July of this year. To date the Ministry has not provided written comments as to the acceptability of the findings and recommendations. However, verbal discussions have noted that in addition to warning clauses, and construction abatement measures noted in the report, that some dwellings will probably require central air conditioning be installed. 4.11 The Northumberland Newcastle Public School Board Staff have noted that they have no objection to the proposal but due to the number of students which will be generated, the school board has requested an agreement be in place for the future purchase of both the elementary and secondary school site before registration of the subdivision plan. 4.12 Comments received from Separate School Board, Ministry of Agriculture and Food, Ontario Hydro, Newcastle Hydro and the Regional Health Department all noted no objection or comment to the proposal. 5. STAFF COMMENTS 5.1 As noted earlier the subject lands are at the western limit of the Bowmanville Major Urban Area boundary. The boundaries as delineated on Schedule 7 -1 of the Town's Official Plan represents an approximate location for urban development to take place within. These lines are also partially based on the ability to service the lands. Comments from the Regional Works Department Staff noted a part of street 'J' can not be serviced. Therefore, as a condition of approval all lots which can not be serviced by gravity will be deleted from the proposal and considered to be outside the urban boundary. ...8 � 11 J REPORT •D .1 5.2 The Noise Impact Analysis has calculated potential noise impacts from both Highway # 2 and the C.P. Rail line. In reviewing attenuated noise levels resulting from vehicular traf f is on Highway # 2, it was noted that day time outdoor levels for Lot 74 (closest to Highway # 2) is 50.5 dBA, daytime and 46.9 dBA night time. Ministry of the Environment recommended a maximum of 55 dBA outdoor noise levels daytime and 50 dBA night time. It would therefore appear mitigation measures are not required along Highway # 2. 5.3 The attenuated noise levels caused by passing freight trains ranged from 55.5 to 62 dBA daytime and 65.5 to 71.5 dBA night time at the second floor. The study recommends a 3.0 m high barrier be placed on lots 165 to 177 inclusive and a 2.0 m high barrier be placed on lots 145 to 148. These measures would reduce the levels to 60 dBA or less daytime. This level appears to meet Ministry standards provided that warning clauses are registered on all lots on which levels exceed 55 dBA daytime. 5.4 As noted above the Ministry of the Environment appears to satisfied that noise levels may be attenuated to acceptable levels without requiring a redesign to the Plan. However, should this not be possible Staff would request a recirculation of the Plan. In addition all noise attenuation requirements as approved by the Ministry of the Environment must be incorporated in the development of the Plan. 5.5 Staff have identified a concern with regards to maintenance of the lands between the proposed noise attenuation fence on top of the berm and the common property line between the site and the C.P.R. line. This land will be under ownership of the homeowners, however, for all intent and purposes will be unaccessible for the residents. It is recommended that prior to Subdivision Agreement that a method of minimizing maintenance in this location be established. ...9 5C/--)6 REPORT PD-260-89 PAGE 9 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 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- 88047). 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. Respectfully submitted, 414-4, __ W1, Franklin Wu, M.C.I.P. DIrector of Planning and Development CP *FW *cc *Attach 17 October 1989 Recommended for presentation to the Committee nawrenc Chief Officer (1 7 r Kotseff strative ...10 REPORT • i • , • • PAGE Interested parties to be notified of Council and Committee's decision: Ms. Susan Sarginson, R.R. #6 Bowmanville, Ontario L1C 3K7 Mr. R. W. Gowdy 29 Scugog Street Bowmanville, Ontario L1C 3H7 Mr. Wm. J. Daniell 24 Ryan Cres Box J.44 Gormley, Ont. Design Plan Services 385 The West Mall Suite 303 Etobicoke, Ontario M9C 1E7 Soberman, Isenbaum & Colomby 2 St. Clair Ave. E. Toronto, Ontario M4T 2T5 Attention: Mr. A. Grossman X68 DN: W/BOW PLAN IDENTIFICATION 1. That this approval applies to draft Plan of Subdivision 18T-88047, prepared by Design Plan Services Inc., dated (revised) June 28, 1989 (and further revised in red as per the attached plan) showing 253 lots for single family detached dwellings, 92 units for semi-detached or linked dwellings, 64 lots for street townhouses, Block 331 for a park, and various blocks for future development, reserves, 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 landscape architect to prepare and submit a Park Site Master Plan to the Director of Community Services for review and approval. The said Plan shall reflect the design standard of the Town as amended from time to time. 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. - 2 - CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION 7. That the Owner shall retain a qualified consultant to prepare and submit a Tree Preservation Plan to the Director of Planning and Development for review and approval. REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 8. That the Owner shall enter into a Subdivision Agreement with the Town and agree to abide by all terms and conditions of the Town's standard subdivision agreement, including, but not limited to, the requirements that follow. 9. That all easements, road widening, and reserves as required by the Town shall be granted to the Town free and clear of all encumbrances. 10. That the Owner shall dedicate Block 331 for park purposes and further agrees to provide for tree planting, play equipment, fencing, sodding etc. in accordance to the Park Site Master Plan at no cost to the municipality. No building permit, above and beyond twenty -five percent (250) of the entire subdivision, will be issued by the Town if the park is not completed to the satisfaction of the Director of Community Services. 11. 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. 12. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Town's standards and criteria. ��U ...3 ® 3 13. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground. 14. That the Owner shall provide the Town, at the time of execution of the subdivision agreement, Letters of Credit acceptable to the Town's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as may be required by the Town. 15. That prior to the issuance of building permits, the Owner shall, through its acoustic engineer, to provide a certification to the Director of Planning, certifying that the Builder's plans are in accordance with the Noise Control Report as approved by the Ministry of the Environment and the Town of Newcastle. 16. That prior to the issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 17. 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. - 4 - CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION OIL' 0 Am • e 18. Thak the applicant /owner enters into a cost - sharing agreement with the T wn for the construction of sidewalks and streetlighting on Highway # 2 from Street 'A' easterly to Roenigk Drive, to the satisfact on of the Director of Public Works. 19. That all draire concerns of this development are dealt with and addressed in a nner consistant with the findings of the Storm Water Management ainage Report for this watershed as approved by the Director of Pub 'c Works. 20. That the geometrics at to south end of Street "F" are altered in such a fashion to imcorpoate a 90 degree bend. 21. Temporary turning circles wild. be required on Street "B", Street "C ", Street "D ", and Street "H,. In addition the lots adjacent to these turn arounds being Lots 14X , to 27, 47 and 48, 73 and 74, 108 to 111, and 123 and 124 will be frozen and no building permits will be issued until such time that the developments proceeds beyond the existing subdivision limits. 22. That Green Road shall be reconstructed from the southerly limit of Street "A" to Highway # 2 at 100% of the developer's cost, including intersections improvements, utility relocation, topsoil and sodding, ,a entrance and driveway, remedial works, etc. 23. The site triangles be provided at all intersections (4.5 m by 4.5 m) with the exception of the intersection of Street "A'' and Highway # 2 where the Ministry of Transportation would have jurisdiction over the intersection and the requirements for site triangle`s,. 24. That Street "J" be terminated with a temporary turning circle located just south of lot 132 which is the limit of the developable lands and that the circle be constructed to the satisfaction of`` -,this department. r-7 ...5 J /'L 4 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION 18. That the applicant /owner enters into a cost-sharing agreement with the Town for the construction of sidewalks and streetlighting on Highway # 2 from Street 'A' easterly to Roenigk Drive, to the satisfaction of the Director of Public Works. 19. That all drainage concerns of this development are dealt with and addressed in a manner consistant with the findings of the Storm Water Management Drainage Report for this watershed as approved by the Director of Public Works and that the Town endeavours to collect from the developers of the lands abutting Green Road. 201. That the geometrics at the south end of Street "F" are altered in such a fashion to imcorporate a 901 degree bend. 21. Temporary turning circles will be required on Street "B ", Street "C ", Street "D ", and Street "H ". In addition the lots adjacent to these turn arounds being Lots 14, to 27, 47 and 48, 73 and 74, 1018 to 111, and 123 and 124 will be frozen and no building permits will be issued until such time that the developments proceeds beyond the existing subdivision limits. 22. That Green Road shall be reconstructed from the southerly limit of Street "A" to Highway # 2 at 10100 of the developer's cost, including intersection improvements, utility relocation, topsoil and sodding, entrance and driveway, remedial works, etc., and that the Town endeavours to collect from the developers of the lands abutting Green Road. 23. The site triangles be provided at all intersections (4.5 m by 4.5 m) with the exception of the intersection of Street "A" and Highway # 2 where the Ministry of Transportation would have jurisdiction over the intersection and the requirements for site triangles. 24. That Street "J" be terminated with a temporary turning circle located just south of lot 132 which is the limit of the developable lands and that the circle be constructed to the satisfaction of this department. - 5 - CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION 25. Thht the applicant/owner is responsible to obtain all storm easeh,nts necessary to facilitate the storm drainage from th' develo ent, commencing from the storm sewer outfalls, souFterly to the Storm ater Detention Facility. 36. That the appli nt complies with all the requirements financial or otherwise of t e torm Water Drainage Report approv by the Director of Public rks for this water shed, suc as construction to rl ter 0 re ts of a Storm Water Dete tion Facility, erosion pr ection works, etc. These requirements may stipulated by the T /wnor any other approved agencies such \as the Conservation uthority and the Canadian Pacific Railway. 27. That the applicant/owner agreeknot Vo commence any grading or construction of any nature within\Ae plan of subdivision until such '-~ as all storm drainage --- and the have be, � Storm — --- �� eas � 7 applicant unopened t oe (�reeu and develop auoe in ±ioovitb -the Pa� 29. That prior to final /approval and prior to any ading or construction on t site, the owner shall prepar�_ a stormwater and erosion control lan acceptable to the Ministry o Natural ont ol la Nat Resources. T s plan will show all proposed surfac drainage works c\ and will des /ribe the intended means of minimizing so'l erosion and the direct ischarge of stormwater flow into the unnam stream traversi the subject lands, both during and after construction. 30. /That e subdivision agreement between the owner and the mu icipality mu -cip contain the following provisions in wording the ministry: (a) That the nvmzez agrees to implement the atnrmvatec and erooiut/ control plan for the site as required in Condition 29. ^^^6 F7� J / ~� ® 5 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION 25. That the applicant /owner is responsible to obtain all storm easements necessary to facilitate the storm drainage from this development, commencing from the storm sewer outfalls, southerly to the Storm Water Detention Facility. 26. That the applicant complies with all the requirements, financial or otherwise of the Storm Water Drainage Report approved by the Director of Public Works for this water shed, such as construction of a Storm Water Detention Facility, erosion protection works, etc. These requirements may be stipulated by the Town or any other approved agencies such as the Conservation Authority and the Canadian Pacific Railway. 27. That the applicant /owner agrees not to commence any grading or construction of any nature within the plan of subdivision until such time as all storm drainage easements have been conveyed to the Town of Newcastle and the Storm Drainage Facility has been constructed. 28. In accordance with the Town's road closure policy the applicant undertake the closing of the unopened road allowance (Green Road) as it abuts Block 311 and develop same in conjunction with the park. 29. That prior to final approval and prior to any grading or construction on the site, the owner shall prepare a stormwater and erosion control plan acceptable to the Ministry of Natural Resources. This plan will show all proposed surface drainage works and will describe the intended means of minimizing soil erosion and the direct discharge of stormwater flow into the unnamed stream traversing the subject lands, both during and after construction. 30. That the subdivision agreement between the owner and the municipality contain the following provisions in wording acceptable to the Ministry: (a) That the owner agrees to implement the stormwater and erosion control plan for the site as required in Condition 29. ...6 - 6 - 10401 as 1A L 2112102=6 gin, • � 11 31. That the owner agrees to not dam, dredge, channelize or alter in any other way, the unnamed stream traversing the property without prior written authorization from this Ministry. This authorization shall be in the form of approval under the Lakes and Rivers Improvement Act. 32. That lot 78 be relocated Southerly adjacent to lot 79. 33. That the applicant satisfy the Central Lake Ontario Conservation Authority financially and otherwise. 34. That a berm, or combination berm and noise attenuation fence, having extensions or returns at the end, to be erected on the subject property, parallel to the Railway right-of-way with construction according to the following specifications: a) Minimum total height 5.5 metres above top-of-rail; b) Berm minimum height 2.5 metres and side slopes not steeper than 2.5 to 1; c) Fence, or wall, to be constructed without openings and of a durable material weighing not less than 20 kg. per square metre ( 4 lb/sq.ft.) of surface area. 35. No part of berm/noise barrier is to be constructed on railway property. 36. A clause should be inserted in all offers of sale and purchase or lease, and be registered on title or included in the lease for each dwelling affected by any noise and vibration attenuation measures, a restrictive covenant advising that any berm, fencing, or vibration isolation features implemented are not to be tampered with or altered, and further that the owner shall have the sole responsibility for and shall maintain these features. ...7 - 7 - 37. Dwellings must be constructed such that the interior noise levels meet the criteria of the appropriate Ministry. A noise study should be carried out bva professional noise consultant to determine what impact, if ooyv Railway noise vmzoId have on residents of proposed subdivision and to recommend mitigation measures if required. The recommendations of the study to be implemented. 38. Setback of dvmeIIioge from the Railway right-of-way to be a minimum of 30 metres. While no dwelling should be closer to the right-of-way than the specified setback, an unoccupied building, such as a garage, may be built closer. The 2.5 metre high earth berm adjacent to the right-of-way must be provided in all instances. 39. Ground vibration transmittion to be estimated through site tenst. If in excess of the acceptable levels, all dwellings within 75 metres of the nearest track should be protected. The measures employed may be: a) Support the building or rubber pads betvmacm the foundation and the occupied structure so that the maximum vertical ontozaI frequency of the structure on the pads is 12 Hz; b) Insulate the building from the vibration originating at the railway tracks by an intervening discontinuity or by installing adequate insulation outside the building, protected from the compaction that would reduce its effectiveness an that vibration in the building became unacceptable; or o) Other suitable and adequate measures that will retain their effectiveness over time. ...O � / ~/ - 8 - IL44us SPINUOUS9 1-4 1,14019 40. A clause should be inserted in all offers to purchase, agreements of sale and purchase or lease and in the title deed or lease of each dwelling, warning prospective purchasers or tenants of the existence of the Railway's operating right-of-way; the possibility of alterations to or an expansion of its rail facilities thereon in the future, including the possibility that the Railway may expand its operations, which expansion may affect the living environment of the residents notwithstanding the inclusion of noise and vibration attenuating measures in the design of the subdivision and individual units, and that the Railway will not be responsible for complaints or claims arising from the Railway's use of its facilities and/or operations. 41. Any proposed alterations to the existing drainage pattern affecting Railway property must receive prior concurrence from the Railway, and be substantiated by a drainage report to be reviewed by the Railway. 42. A 1.83 metre high chain link fence be constructed and maintained along the common property line of the Railway and the development, by the developer at his expense, and the developer is made aware of the necessity of including a covenant running with the lands, in all deeds, obliging the purchasers of the lands to maintain the fence in a satisfactory condition at their expense. 43. Any proposed utilities under or over Railway property to serve the development must be approved prior to their installation and be covered by the Railway's standard agreement. 44® That the requirements of the noise impact study as approved by the Ministry of the Environment be implemented. 45. That the applicant be required to provide the Town an acceptable method of minimizing ground maintenance of the lands between the C.P.R. property and the noise attenuation fence. "557 0 0 10 BLOCK �08 FUTURE' DEVELOPMD 2.17 ha 0 0 I T 07 47 46 13 09 It go 64 t 44 uj 41 It It ..... . 1 43 91 to, 33 to 0 v g 1, 280 4 flk- Is 4 P K -2 ho to* ue Lu a� ( 16, 139 tn 0. 41 2 Itll, 112 RED DN: W /BOW THE CORPORATION OF THE TOWN OF NEWCASTLE BY -LAW NUMBER 89- being a By -law to authorize the entering into an Agreement with West Bowmanville Developments Ltd. and the Corporation of the Town of Newcastle for the development of Plan of Subdivision 18T- 88047. 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 West Bowmanville Developments Ltd. 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. 58 0' MAYOR CLERK DN: W /BOW 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 Torn 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- 88047; 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: "Agricultural ((H)R3) "; "Agricultural "Agricultural "Agricultural R2 -5) "; "Agricultural R1 -20) ". as shown on the att (A)" to "Holding - Urban Residential type Three (A)" to "Holding - Urban Residential type Two ((H)R2)11; (A)" to "Holding - Urban Residential Type One ((H)R1) "; (A)" to "Holding - Urban Residential Exception ((H) (A)" to "Holding - Urban Residential Exception ((H) ached 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 1989. 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