HomeMy WebLinkAboutPD-96-92 THE CORPORATION OF THE TOWN OF NEWCASTLE
DN: DEV91017 .GPA REPORT
Meeting: General Purpose and Administration Committee File #
t -o
Date: Tuesday, April 21, 1992 Res. #
Report#: PD-96-92 File#: DEV 91-017 By-Law#
Subject: REZONING, SUBDIVISION, & NEIGHBOURHOOD PLAN AMENDMENT
APPLICATIONS - 848601 ONTARIO LIMITED
PART LOT 30, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON
FILE: DEV 91-017, 18T91006, NPA 91-02/CN
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-96-92 be received;
2 THAT the proposed Plan of Subdivision 18T91006 as revised and
dated April 8, 1992, 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 Owner and the Town of Newcastle
at such time as the agreement has been finalized to the
satisfaction of the Director of Public Works and the 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;
5 THAT the proposed Neighbourhood Plan Amendment NPA 91-02/CN be
APPROVED;
6 THAT a copy of this Report and Council's decision be forwarded to
the Region of Durham Planning Department; and
7 THAT the interested parties listed in this report and any
delegation be advised of Council's decision.
1. APPLICATION DETAILS
1. 1 Applicant: G. M. Sernas
1. 2 Owner: 848601 Ontario Limited
1. 3 Rezoning: From Agricultural (A) to Holding Urban Residential
Type One ( (H)R1) , Holding Urban Residential Type
Two ( (H)R2) , Holding Urban Residential Type Three
( (H)R3) , and from Environmental Protection (EP)
and Agricultural (A) to Urban Residential Type One
(R1) for the Park Block.
2
REPORT NO. PD-96 -92 PAGE 2
1. 4 Subdivision: 22 townhomes and a block for 9 townhomes, 26 semi-
detached dwelling units, and 15 single dwelling
units.
1. 5 Neighbourhood Plan Amendment:
From - Medium Density Residential (20 units per ha) and
Minor Open Space to Medium Density Residential (37
units per net hectare) and Minor Open Space.
1. 6 Area: 2 . 699 ha
2 . LOCATION
2 . 1 The subject lands are located in Part of Lot 30, Concession 3 in
the former Township of Darlington. The site is just east of
Trulls Road, abutting Registered Plan of Subdivision 40M-1684 and
40M-1685.
3 BACKGROUND
3 . 1 On April . 15, 1991 the Planning Department received an application
to amend the Town of Newcastle Comprehensive Zoning By-law 84-
63 , as amended, and the Neighbourhood Plan. The affiliated
subdivision application was received on May 1, 1991.
3 . 2 The applicant revised the application and submitted these
revisions to the Region and the Town of Newcastle. The original
application proposed the development of a total of 154 Townhouses
on 4. 65 hectares of land. In this revision, the applicant
reduced both the site area and the number of units proposed. A
0. 2 ha park was also included in this revised plan.
3 . 3 A second revision to this plan has since been made and submitted
to the Town for review. The housing mix provided in this latest
revision is: 20. 8% single family dwellings; 36% semi-detached
dwellings; 43% townhouses.
4 EXISTING AND SURROUNDING USES
4 . 1 Existing Uses: vacant . . . . 3
REPORT NO. PD-96 -92 PAGE 3
4 . 2 Surrounding Uses:
East - vacant, proposed residential development
(18T77028)
West - registered plan of subdivision 40M-1684
South - registered plan of subdivision 40M-1685
North - vacant, proposed residential development
(18T88057)
5 OFFICIAL PLAN POLICIES
5. 1 Both the 1976 and 1991 Durham Region Official Plans designate the
subject lands as "Residential/Living Areas" . Lands so designated
shall be used for residential purposes.
5. 2 The Town of Newcastle Official Plan designates these lands as
"Residential" . Policies in this Official Plan encourage that a
mix of housing types be provided. A portion of the Park Block is
designated "Hazard Lands" . The use of lands within areas
designated Hazard Lands are subject to the regulations of the
Conservation Authority and the Ministry of Natural Resources.
5. 3 The Neighbourhood Plan shows that the lands are designated
"Residential Medium Density maximum of 20 units per net hectare" ,
and "Minor Open Space" . The purpose of Minor Open Space areas is
to preserve unique or important elements which have local
significance. These areas are not to be developed. The Minor
Open Space lands are located in the western portion of the Park
Block. The Town of Newcastle Community Services Department have
expressed that a condition should be included in the Subdivision
Agreement stating that the applicant provide appropriate
documentation that the Park Block will not flood. If the land is
deemed to be floodprone, Community Services have requested that
compensation be received in either equal land area or monetary
value.
. . . .4
REPORT NO. PD-96 -92 PAGE 4
6 ZONING BY-LAW PROVISIONS
6. 1 The subject lands are currently zoned "Agriculture (A) " , part of
the park block is zoned "Environmental Protection (EP) " .
Rezoning is required in order to permit residential development.
7 PUBLIC MEETING AND SUBMISSION
7. 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.
7. 2 At the first Public Meeting held on June 3 , 1991, a resident
"expressed opposition to this application because the lands are
zoned agricultural and environmentally protected" .
7 . 3 A second Public Meeting was held on February 17, 1992 to address
the revisions that were made by the applicant. One resident
spoke with respect to this proposal objecting to the application
as the subject site is zoned "Agricultural" and "Environmental
Protection" .
8 AGENCY COMMENTS
8. 1 In accordance with departmental procedures, the application was
circulated to obtain comments from other departments and
agencies. The following departments/agencies in providing
comments, offered no objection to the application as filed:
Town of Newcastle Fire Department
Peterborough Victoria Northumberland & Newcastle Roman
Catholic Separate School Board
8 . 2 The Town of Newcastle Community Services Department have
requested that in no way shall the park block be susceptible to
flooding and that a clause reflecting this be placed within the
conditions for subdivision approval.
. . . . 5
C0
REPORT NO. PD-96 -92 PAGE 5
Community Services also request that a 3 . 0 m wide fenced and
paved walkway having access to the abutting lands to the east be
provided.
8 . 3 The Town of Newcastle Public Works Department had many comments
with respect to the application. Some of these are highlighted
below, but they are all incorporated within the conditions of
subdivision agreement.
i) That the Black Creek Tributary Master Drainage Study be
approved by the Director of Public Works Prior to the
development of this plan of subdivision.
ii) That the applicant provide a Stormwater Management
Implementation Report to be approved by the Director of
Public Works. This report must provide for the sequential
construction of the stormwater management works necessary
for the entire watershed and address the impacts of
developing this plan of subdivision in the absence of the
balance of the watershed.
iii) That the applicant be responsible for the costs of all road
and services construction work required for the connection
of the proposed street to the existing streets.
iv) For future servicing, a lotting configuration shall be
provided for those lands owned by the applicant, but not
included within the plan of subdivision.
V) That prior to issuance of building permits for Lot 13, 14
and 15, the applicant bears the costs of removal of the
existing temporary turning circle, and completes the
temporary turning circle to an urban 8 . 5 metre road
standard, including asphalt paving, curb and gutter, sodding
of boulevards, sidewalks, street lighting and street trees.
8.4 The Durham Region Planning Department stated that with the
exclusion of the lands to the north, this application is in
essence an infilling proposal. Inasmuch as the northern - most
portion of the applicants land holdings are those lands deemed to
. . . . 6
I
REPORT NO. PD-96 -92 PAGE 6
be environmentally sensitive, it was concluded that the southern
portion of the lands can be exempted from the North Courtice
Environmental Impact Study.
8 .5 The Durham Region Works Department are satisfied that municipal
water and sanitary sewer facilities are available to service the
proposed subdivision. The Works Department are satisfied that
the densities as proposed in the revised plan of subdivision can
be accommodated in the Regions Servicing Scheme.
8 . 6 The Central Lake Ontario Conservation Authority has no objection
to the application as proposed, however, they do note a number of
requirements which must be met prior to final approval of the
plan. The conditions of the Conservation Authority are
incorporated with the Town's conditions of approval as attached.
The Conservation Authority appears to be satisfied that the park
block will not be flooded.
8 .7 The Ministry of Natural Resources believes that the tributary is
located 15 metres from the park block, thus providing the
necessary buffer between developable land and cold-water
tributaries. The land is presently zoned "Environmental
Protection" and no change of zoning is proposed on these lands.
8 .8 The Northumberland and Newcastle Public School Board noted that
presently Courtice North Public School is over capacity, and that
this application will generate approximately 25 students. They
have also requested that sidewalks are built and that they
connect up with the sidewalks in adjoining lands. As the
committee is no doubt aware the responsibility for providing
education facilities rests with the respective School Board and
the Ministry of Education.
8 . 9 Ontario Hydro had no objections to this proposal, provided that
the following will be incorporated into any draft approval the
application may receive. . . . .7
R )
REPORT NO. PD-96 -92 PAGE 7
111) The costs of any relocations or revisions to Ontario
Hydro facilities which are necessary to accommodate
this subdivision will be borne by the developer.
2) Any easement rights of Ontario Hydro are to be
respected.
3) The developer should contact the local Ontario Hydro
Area Office to verify if any low voltage distribution
lines may be affected by the proposal. "
9 STAFF COMMENTS
9. 1 Staff note that the applicant has revised the plan by
substantially reducing the number of units proposed on site,
provided a mix of housing types, and have provided a park.
Unit Count Site Area Density
SF SD TH TOTAL units/ha
Original 154 154 4. 65 ha 41
Application
Ist. Revision 15 20 42 77 2 . 699 ha 40
2nd Revision 15 26 31 72 2 . 699 ha 37
9 . 2 ° Staff have met with the applicant on a number of occasions to
discuss bringing the unit count and density into compliance with
Town, Regional and Ministerial Policies. The applicant has
complied with Staff's requests ,and this proposed Plan of
Subdivision provides for a better mix of housing types.
9. 3 The density of the surrounding lands are 35, 38 and 80 units per
net ha. The neighbourhood plan density for the subject lands is
20 units per net ha. An increase in density to 37 units per net
ha would harmonizes the subject lands with the densities of the
surrounding lands. Additionally, the Durham Region Works
Department is satisfied that the lands can be serviced at this
density. For these reasons, Staff support the proposed
Neighbourhood Plan Amendment to increase the density to 37 units
per net ha. . . . .8
REPORT NO. PD-96 -92 PAGE 8
9.4 In accordance with Section 51 of the Planning Act, Block 34 is to
be dedicated to the Town of Newcastle for Park purposes. The
Park Block represents a contribution of 8%. There will be no
compensation from the Town of Newcastle for the overdedication of
parkland.
10 CONCLUSION
10. 1 It is recommended that this application be Approved as per the
red lined revision plan and the conditions contained herein.
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C. I.P. Lawrence - ,!Kotseff
DIrector of Planning Chief Administrative
and Development Officer
HB*FW*cc
Attachment # 1 Key Map
Attachment # 2 Zoning Schedule
Attachment # 3 Neighbourhood Plan Amendment
Attachment # 4 Subdivision Plan, as submitted
Attachment # 5 Subdivision Plan as revised by Staff
13 April 1992
Interested parties to be notified of Council and Committee's decision:
848601 Ontario Limited G.M. Sennas and Associates
5460 Yonge Street 110 Scotia Court
Suite 212 Unit 41
North York, Ontario Whitby, Ontario
M2N 6K7 L1N 8Y7
Evylin Stroud Harold Segal
89 Little Avenue 703 Fernhill Blvd .
Bowmanville, Ont,. L1C 1J9 Oshawa, Ont. L1J 5K2
Harry Fisher
Suite 105
49 St. Clair Ave. W.
Toronto, Ontario M4V 3A5
DN: DEV91017.GPA
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
PLAN IDENTIFICATION
1. That this approval applies to draft Plan of Subdivision 18T-
91006, prepared by G. M. Sernas & Associates Ltd. , dated
(revised) April 3 , 1992 (and further revised in red as per the
attached plan) showing Lots 1 - 7 and 21 - 28 inclusive for
single family detached dwellings, Lots 8 to 20 inclusive for
semi-detached or linked dwellings, Block 29 - 32 for townhouses,
Block 33 for future development of 9 townhouses and various
blocks for reserve, road widening 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 Hydrogeologist Report to the Director of Planning and
Development to demonstrate that the proposed development will not
adversely impact the existing wells in the surrounding areas.
6. 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. . . . . 2
) ULI.
-2-
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT (CONTID)
7 . 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.
8 . That the applicant provides the Public Works Department with a
Stormwater Management Implementation Report which provides for
the sequential construction of the stormwater management works
necessary for the entire watershed and addresses the impacts of
developing this plan of subdivision in the absence of the balance
of the watershed. This report shall be subject to the approval
of the Director of Public Works.
9 . That the applicant provide detailed engineering drawings to the
satisfaction of the Director of Public Works revealing the
cumulative increases that may result from development in the
remainder of this post-development drainage sub-basin.
10. That the lotting configuration of the additional lands owned by
the applicant, as depicted on the draft plan as "Other Lands
Owned by the Applicant" be finalized in order that the abutting
road (Street A) may be constructed and the abutting lots can be
fully serviced with water, sanitary sewer, storm sewer, hydro,
telephone and cable T.V.
11. 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.
12 . Prior to final approval of the plan, the owner shall provide, for
the review and approval of the Central Lake Ontario Conservation
Authority:
a) a Master Drainage Plan for the watershed of the Black Creek
tributary; . . . . 3
-3-
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT LCONT'DZ
b) a tree preservation report for the site; and
C) a floodplain analysis for the Farewell Creek tributary, in
the vicinity of Block 34 .
13 . Prior to the final approval of the plan and/or the commencement
of site preparation, including any filling, grading or
construction of services, the owner shall obtain Central Lake
Ontario Conservation Authority approval of:
a) site grading plan, which detail 100 year overland flow
routing and indicate conformity with the recommendations of
the Black Creek Tributary Master Drainage Plan and the tree
preservation plan for the site; and,
b) erosion control plans, which provide for the on-site
containment of sediment during the grading and construction
phases of development.
14 . Prior to registration of the plan of subdivision, and any on-
site grading or construction, the Ministry of Natural Resources
must have reviewed and approved final, "to be implemented" plans
describing:
a) the intended means of conveying stormwater flow from the
site, including use of stormwater management techniques
which are appropriate and in accordance with the provincial
"Urban Drainage and Design Guidelines" , April 1987 . These
means should also be in accordance with the preliminary
plans and the Black Creek Tributary Master Drainage Plan;
b) the anticipated impact of the development of water quality,
as it relates to fish and wildlife habitat once adequate
protective measures have been taken.
15. 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.
. . .4
f � 6
-4-
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT
16. That all easements, blocks, 0. 3 m reserves and road widenings, as
required by the Town shall be granted to the Town free and clear
of all encumbrances in a form satisfactory to the Town's
Solicitor.
17. That the Owner shall dedicated Block 34 for park purposes and
that the applicant shall satisfy the Director of Community
Services that Block 34, will not be subject to flooding. No
compensation for the overdedication of parkland will be provided.
18 . 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.
19. That the Owner shall provide and install sidewalks, street
lights, temporary turning circles etc. as per the Town's
standards and criteria.
20. That utilities, such as hydro, telephone, Cable TV, within the
streets of this subdivision are installed underground for both
primary and secondary services. That the applicant assumes all
costs for provision, installation and location of Community
Mailboxes to service this subdivision, in a manner satisfactory
to the Director of Public Works.
21. 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.
. . . 5
-5-
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D)
'22 . That prior to the issuance of building permits, the Owner shall
retain an architect to prepare and submit an Architectural
Control Plan to the Director of Planning and Development. The
architect shall further certify that the said Plan has achieved
the objectives of providing: a variety of housing style;
attractive streetscape treatment; harmony of colour, style and
exterior materials used, etc.
23 . 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.
24 . 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 interference.
25. That the applicant is responsible for the costs of all road and
services construction work required for the connection of Street
"A" to the existing streets.
-6-
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONTID)
26. That prior to the issuance of the building permits for Lot 13, 14
& 15, the applicant bears the costs of the removal of the
existing temporary turning circle at the southern limit of Street
"A" and completes the temporary turning circle to an urban 8.5 m
road standard, including asphalt paving, curb and gutter, sodding
of boulevards, sidewalks, street lighting and street trees.
27. That the applicant enter into a development agreement with the
Town including all requirements of the Public Works Department
regarding the engineering and construction of all internal works
and services related to this plan of subdivision. In addition,
the subdivision agreement will include a "Staging Plan" or any
other necessary provisions that will control the sequential
development of this subdivision and the other lands owned by the
applicant, to the satisfaction of the Director of Public Works.
28. That the applicant meet all the requirements of the Public Works
Department, financial or otherwise.
29. That all works and services are designed and constructed in
accordance with the Town of Newcastle Design Criteria and
Standard Drawings and all applicable legislation and to the
satisfaction of the Director of Public Works.
30. That the 0. 3 metre reserve (as shown in red on the attached draft
plan) abutting Street "A" is transferred to the Town for the
purpose of controlling access and for the sequential development
of lands abutting Street "A" .
31. That the storm drainage works necessary for this plan of
subdivision are constructed in accordance with the "Draft" Black
Creek Tributary Master Drainage Study, dated May 1991, prepared
by G. M. Sernas & Associates and as finally approved by the
Director of Public Works. . . .7
} r?
-7-
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONTID)
32 . That the Black Creek Tributary MAster Drainage Study be approved
by the Director of Public Works prior to the development of this
plan of subdivision.
33 . The owner shall agree in the subdivision agreement with the Town
of Newcastle, to carry-out or cause to be carried-out, to the
satisfaction of the Central Lake Ontario Conservation Authority:
a) site grading, sediment control, tree preservation and major
overland flow routing; and
b) the recommendations of Black Creek Tributary Master Plan as
they pertain to this site.
A copy of this agreement shall be forwarded to the Conservation
Authority by the Owner. .
34 . That the following provisions are complied with to the
satisfaction of Ontario Hydro:
a) the costs of any relocations or revisions to Ontario Hydro
facilities which are necessary to accommodate this
subdivision will be borne by the developer.
b) any easement rights of Ontario Hydro are to be respected.
C) the developer should contact the local Ontario Hydro Area
Office to verify if any low voltage distribution lines may
be affected by the proposal.
35. That Block 34 being a 3 . 0 metre walkway, be paved and fenced and
deeded to the Town of Newcastle for the purposes of a walkway.
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�- 71
Dev. 91 -017,NPA 91 -002/CN918T-91006
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 92-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law
for the Corporation of the Town of Newcastle.
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 a draft Plan of Subdivision.
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 91006.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of
the Town of Newcastle enacts as follows:
1. Schedule 114" to By-law 84-63 as amended, is hereby further
amended by changing the zone designation from:
"Agricultural (A)" to "Holding - Urban Residential Type One ((H)R1)"
"Agricultural (A)" to "Holding - Urban Residential Type Two ( (H)R2)"
"Agricultural (A)" to "Holding - Urban Residential Type Three ( (H)R3)"
"Environmental Protection (EP)" to "Urban Residential Type One (Rl)"
"Agricultural (A)" to "Urban Residential Type One (R1)"
2. Schedule "A" attached hereto shall form part of this By-law.
3. This By-law shall come into effect on the date of the passing
hereof, subject to the provisions of Section 34 of the Planning Act.
BY-LAW read a first time this day of 1992.
BY-LAW read a second time this day of 1992.
BY-LAW read a third time and finally passed this day of
1992.
MAYOR
CLERK
Attachment No.2
This is Schedule "A" to By-law 92 - ,
passed this—. day of , 1992 A.D.
® ZONING CHANGE
FROM "A" TO "(H)R1"
ZONING CHANGE
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ZONING CHANGE
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