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
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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
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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
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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
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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.
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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
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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.
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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
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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
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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.
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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.
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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.
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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.
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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.
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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 — ---
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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.
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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.
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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.
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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.
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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.
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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.
MAYOR
CLERK
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