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HomeMy WebLinkAboutPD-128-84 . f�t iz°C , Q CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO L08 1,10 TEL.(416)263.2231 REPORT TO THE COUNCIL MEETING OF JUNE 25, 1984. REPORT NO. : PD-128-84 SUBJECT: Staff Report PD-128-84 Application for Rezoning DEV 83-22 and Neighbourhood Development Plan for Courtice Neighbourhood 3B RECOMMENDATION: It is respectfully recommended to Council : 1 • That Report PD-128-84-84 be received; and 2. That application for rezoning, DEV 83-22 be approved and; 3• That the Neighbourhood Development Plan included as Attachment 1 be approved; and 4• That the zoning by-law included as Attachment 2 be given three readings. BACKGROUND AND COMMENT: At the G.P.&A Committee meeting of June 18, 1984, staff report PD-122-84 was considered. As a result of the Committee's consideration the matter was referred to .Council with the direction that staff meet with staff of the Region of Durham and the Central Lake Ontario Conservation ...2/ REPORT NO: PD-128-84 Authority to obtain further input in respect of the proposed neighbourhood development plan. On June 19 and 20, staff met with Regional and CLOCA staff respectively. Copies of their written comments are included as Attachments 3 and 4. The Region's comments request minor revisions to the proposed zoning by-law and site plan agreement which staff have incorporated in the revised by-law and agreement attached hereto. These comments also indicate that the proposed neighbourhood development plan conforms with both the Durham Regional Official Plan and the Courtice Urban Area Plan. It is also suggested that approval of the neighbourhood plan is not necessarily a prerequisite to approval of the subject application for rezoning. Town staff however, are of the opinion that since the designated neighbourhoods , are the basic planning units for residential development and given the scale of the subject development related to the balance of this neighbourhood and its environmental complexities, staff feel that preparation of a neighbourhood development plan is not only appropriate but prudent. In that regard, while the Courtice Urban Area Plan explicitly requires preparation of neighbourhood development plans prior to subdivision approvals the matters to be addressed by neighbourhood plans are specific and particularly relevant to the subject proposal . We must therefore continue to recommend approval of the neighbourhood plan as a prerequisite to the subject rezoning. The comments received from the Central Lake Ontario Conservation Authority indicate a number of concerns relative to the issue of environmental sensitivity. Staff have attempted to accommodate a number of these concerns through modifications to the proposed plan. We note, however, that many of the requested modifications are REPORT NO: PD-128-84 inconsistent with Council 's position on the Pollard proposal as expressed through their prior direction to staff. As such they have not been incorporated. Based upon staff discussions and the submittted comments, the proposed by-law, development agreement and neighbourhood plan have been revised slightly and are included for Council 's consideration and approval . Respect f ted, T.T. Edwards, M.C. I.P. Director of Planning TEE*sp Attachments Attachment 1 to Staff Report PD-128-84 AMENDMENT NO. 1 TO THE NEIGHBOURHOOD DEVELOPMENT PLAN FOR COURTICE NORTH NEIGHBOURHOOD 3A PURPOSE OF THE AMENDMENT: The purpose of the subject amendment is to revise the Neighbourhood Development Plan for Courtice North Neighbourhood 3A to incorporate policies for Courtice North Neighbourhood 3B. BASIS OF AMENDMENT: The amendment will permit development to proceed in Courtice North Neighbourhood 3B. The Neighbourhood Plan designations within the area affected by this amendment are based on the designations and policy guidelines set out in the Courtice Urban Area Plan (Amendment No. 12 to the Official Plan of the Former Township of Darlington). ACTUAL AMENDMENT: The Neighbourhood Development Plan for Courtice North Neighbourhood 3A is hereby amended by: 1 . a) Deleting the phrase "COURTICE NORTH NEIGHBOURHOOD in the Title Block on the Title Page; and b) Inserting the following "COURTICE NORTH NEIGHBOURHOOD 3A & 3B". 2. Deleting the phrase "Neighbourhood 3A" in the first sentence of Section 1 .1 , and inserting the phrase "Neighbourhoods 3A and 3B" ; 3. Deleting Section 1 .3 in its entirety, and inserting the following: "1 .3 BACKGROUND This Neighbourhood Development Plan details policies for the development of Courtice North Neighbuorhoods 3A and 3B. These Neighbourhoods are bounded on the north by the Urban Area Boundary and on the south by Black Creek. Neighbourhood 3A is bounded on the west by Farewell Creek, and Neighbourhood 3B is bounded on the east by Courtice Road, with Trull 's Road dividing the two Neighbourhoods. .. .2 i I , AMENDMENT NO. 1 Page 2 The policies detailed herein are related to such aspects of development as population yield relative to servicing capacities ; residential densities ; the location of education, commercial and park facilities ; and the design of the internal road system. These details are provided on the generalized Land Use Plans attached as Schedules lA and 1B to this plan. As much of Neighbourhoods 3A and 3B are identified as Environmentally Sensitive in the Courtice Urban Area Plan, this Neighbourhood Development Plan also addresses environmental concerns. The Plan sets out specific guidelines and criteria that are based on the findings of the Courtice Environmental Impact Analysis, and the Courtice Storm Water Management Study. These guidelines are intended to protect, as much as possible, the sensitive features of these neighbourhoods." 4. Deleting the phrase "Neighbourhood 3A" in the third sentence of Section 2.1 .1 , and inserting the phrase "Neighbourhoods 3A and '3B". 5. Deleting the first paragraph of Section 2.1 .2 in its entirety, and inserting the following: "Specific areas in Neighbourhood 3A have not been designated for different densities on Schedule 1A. However, developers will be encouraged to integrate various housing types. Because of the greater extent of environmentally sensitive lands in Neighbourhood 3B, specific density designations have been indicated on Schedule 1B. During the review of subdivision and development applications the following locational criteria will be taken into consideration." 6. Inserting the phrase "as well as increased setbacks" after the word "fencing" in Section 2.1 .3. 7. Deleting Section 2.1 .4 in its entirety, and inserting the following: "Population guidelines for Courtice Neighbourhoods 3A and 3B have been established by the Darlington Official Plan. Population levels have been more precisely defined within this Neighbourhood ...3 AMENDMENT N0. 1 Page 3 Development Plan. Schedules 2A and 2B to this Neighbourhood Development Plan illustrate how the total population has been distributed throughout the development areas." 8. Deleting the sixth sentence of the footnote to Section 2.1 .4 in its entirety, and inserting the following: "The Town of Newcastle, in co-operation with the Region of Durham, shall monitor, at regular intervals, the population of Courtice Neighbourhoods 3A and 3B in order to ensure that development respects the Regional Sewage allocations for the neighbourhoods." 9. Deleting the second and third sentences of the first paragraph of Section 2.1 .6 in their entirety, and inserting the following: "The recommendations contained in these Studies will form the "environmental base" for review of development proposals." 10. Deleting the phrase "Schedule 1" in the first sentence of Section 2.1 .7, and inserting the phrase "Schedules IA and 1B"; and 11. Deleting Section 2.2.1 in its entirety, and inserting the following: "It is anticipated that additional school facilities will be required in Neighburhoods 3A and 3B. The approximate locations are depicted in Schedules lA and 1B. The exact location of school sites will be reviewed and refined during the subdivision approval process. Appendixes A and B attached, provide an estimate of the expected student generation of ...4/ AMENDMENT N0. 1 Page 4 Neighbourhoods 3A and 3B. Actual site requirements shall be determined by the respective school board(s)." 12. a) Deleting the word "park" from the first sentence of Section 2.2.2, and inserting the word "parks"; and b) Deleting the phrase "the school site" from the first sentence of Section 2.2.2, and inserting the phrase "school sites". 13. Deleting the phrase "Neighbourhood 3A" from the first sentence of Section 2.3.1 , and inserting the phrase "Neighbourhoods 3A and 3B." 14. Deleting the third sentence of Section 2.3.2 in its entirety, and inserting the following: In that regard, Courtice North Neighbourhoods 3A will require approximately 3 hectares of parkland, while Neighbourhood 3B will require approximately 6.5 hectares based upon present population estimates. About 2 hectares and 4.3 hectares respectively, will be neighbourhood oriented and the balance being community parkland locted in the southern portion of Neighbourhood 3B." 15. Deleting the first sentence of Section 2.3.4 in its entirety, and inserting the following: "Neighbourhood Parks have been identified in the Darlington Official Plan, and are further detailed by Schedules lA and 1B to this neighbourhood development plan." 16. Deleting the phrase "Neighbourhood 3A" in the first sentence of Section 2.3.8, and inserting the phrase "Neighbourhoods 3A and 3B". 17. Deleting the phrase "Schedule 1" in Section 2.4.1 , and inserting the phrase "Schedules 1A and 1B". 18. Deleting the phrase "Neighbourhood 3A" in Section 2.4.2, and inserting the phrase "Neighbourhoods 3A and 3B". 19. Deleting the phrase "Schedule 1 identifies an area" . ..5 I AMENDMENT N0. 1 Page 5 in the second sentence of Section 2.4.3 (i ), and inserting the phrase "Schedules lA and 1B identify areas". 20. Deleting the phrase "Neighbourhood 3A" from Section 2.4.4; and inserting the phrase "Neighbourhoods 3A and 3B". 21. a) Deleting Section 2.5.4(1 ) in its entirety, and inserting the following: "Pedestrian and bicycle pathways should be provided to provide safe, convenient and comfortable movement to schools, parks , commercial facilities, potential transit stops and other community amenities. This can best be achieved through utilization of greenbelts, walkways, and street sidewalks"; and b) Inserting the following as Section 2.5.4 (iii ) : "The delineation of pedestrian and bicycle pathways on Schedule 1B is conceptual only, and shall be further refined through subdivision -and development approvals. The possible delineation of pathways within major or minor open space areas shall be subject to the approval of the Town of Newcastle." 22. a) Deleting the phrase "Neighbourhood 3A" from the second sentence of Section 2.6 (i ) ; and inserting the phrase "Neighbourhoods 3A and 3B"; and b) Inserting the phrase "Amendment No. 12 to" after the word "policies" in the second sentence of Section 2.6 (i ). 23. Inserting the following new section 2.7: "2.7 Deferred Areas The proposed land use designations and densities for the lands outlined and identified as "Deferred" on Schedule 1B hereto have been deferred by the Council of the Town of Newcastle pending further ...6 AMENDMENT N0. 1 Page 6 consideration of alternative land use proposals for these lands. Prior to any development being permitted on the subject lands an amendment to this Neighbourhood Development Plan will be required." 24. Deleting the phrase "Neighbourhood 3A" from the first sentence of the second paragraph of Section 3, and inserting the phrase "Neighburhoods 3A and 3B". 25. a) Amending the title of "Schedule 1 - Land Use Structure Plan" to read "Schedule IA - Land Use Structure Plan, Neighbourhood 3A"; and b) Amending the title of "Schedule 2 - Population" to read "Schedule 2A - Population, Neighbourhood 3A"; and c) Amending the title of "Appendix A - Student Generation" to read "Appendix A - Student Generation, Neighbourhood 3A". 26. a) Inserting the following schedules: "Schedule 1B - Land Use Structure Plan, Neighbourhood 3B" ; and "Schedule 2B - Population, Neighbourhood 3B"; and b) Inserting the following appendix: "Appendix B - Student Generation, Neighbourhood 3B% - ri+ - M Fi. :•r1 I- •� •.►1••1••1•. $1a"$1uuul nn41111 I ;}}:�:f.;;::• � •:: t. ^n '^, 'r_� ,.,'r'� ..y;.,.r?}fir. r,{ •riiiiYii }ii°:}I}i!}iSii}}}:} %'i•�: .t�,;,..J ;.1 T,^t.. 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"�•'.a /•1111•• �' :t" J •^�•. n•.%•{• n`- ��I{.•� I r:3r. :•Y Q r af• :•:•fir•:•• \` { M•• x X Xll 15 ��:'3ti: ...<{•}•fir. r v. z� t; J= )a. r ''r �.f.1 9• •rarL�1 ;:k;::::: ••WESTMORE•J STRFFT. — L I; I ..:•::::.,:•.:.•::•:•}:•:{{•??}:{4-. .:ti.`}:v.{{•}r::,•:.{•.{:•}:.�::•::.vh•?:•}:{•?:•}}•i;:•:{rJ?;J•}rr�•''Jv ■t�•t>.a• NASH It�•t Nmwmwtif wm ROAD tt.•6� 00• 0ttt. ,� v •. i : 15 H. I C .A ' J• ti 5••5.at ••rYr.rtjTR ry('� 0 1 .e7 •%�iy.v• .:�ti�,{;,,:,{;••t:,,., NOTE: THE NEED FOR THIS ROAD �l M•�, • o• •J' •a a .l.•�ti;:i�.•4:':{ti,':�}YES ttl}6: ALIGNMENT SHALL BE SUBJECT ^" :+a �;::i;:;r"5:;`:;'r?C~• :{:r4p,.c:rit�,�` TO FURTHER REVIEW AND IF '`'"""`'""' ' NECESSARY AMENDMENT TO ^ '•' "'".••'•"'•"•"."••',`: :::.:.; `.;.••:t•:.:••. THE APPLICABLE OFFICIAL PLAN, 0 100 200 400 600}1. 200 " JUNE21,1984 JUNE 5, COURTICE NORTH NEIGHBOURHOOD 3B-LAND USE STRUCTURE PLAN..-SCHEDULE914 FIRE HALL ® CONVENIENCE COMMERCIAL....... . NEIGHBOURHOOD BOUNDARY -- - MAJOR OPEN SPACE. F�`•Y RESIDENTIAL -LOW DENSITY. . . . HAZARD LANDS r--/ -MEDIUM DENSITY.... .. . . . . . ARTERIAL ROAD-TYPE 'A'. ..... . . . -HIGH DENSITY. Q ARTERIAL ROAD-TYPE 'B'.. -- RESIDENTIAL SPECIAL POLICY AREA. MINOR COLLECTOR ROAD. . . ... .. .. ...11••11.1.1.11 ELEMENTARY SCHOOL.. ® LOCAL ROAD., SECONDARY SCHOOL ® PEDESTRIAN/BICYCLE PATHWAY.. .•••••••• COMMUNITY PARK. © DEFERRED , NEIGHBOURHOOD PARK.. N DENOTES DENSITY DESIGNATION -- L MINOR OPEN SPACE - DENOTES MAXIMUN NUMBER OF •`'" UNITS PER NET HECTARE 15 ATTACHMENT 2 to STAFF REPORT PD-122-84 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 84- being a By-law to amend By-law Number 2111, as amended, of the former Township of Darlington, now in the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it adviseable to amend By-law 2111, as amended, of the former Township of Darlington, now in the Town of Newcastle. NOW THEREFORE, the Corporation of the Town of Newcastle enacts as follows: 1. Section 13 of By-law 2111, as amended, is hereby further amended by adding thereto the following subsection (ggg): "(ggg) Part of Lots 29 & 30, Concession 3 Notwithstanding any provision of this By-law to the contrary, those parts of Lots 29 & 30, Concession 3, designated as "Special Provision By-law 84- 11 on the attached Schedule A hereto shall only be used in accordance with the following provisions. In the event that there is any conflict between the provisions of this Special Provision and any other provisions of this By-law 2111, as amended, then the provisions of this Special Provision shall apply. But in the event that this Special Provision is silent on any matter then the provisions of By-law 2111, as amended, shall apply. The zone designations cited herein, refer to the zone designations identified on Schedule X-1 hereto. (i) Definitions 4 (a) Building: - shall mean a structure, temporary or permanent, having a roof supported by columns or one or more walls which is used for the shelter, accommodation, or enclosure of persons, animals, equipment, goods or materials. Any tent, canopy, bin, bunk, or platform, vessel, vehicle or trailer used for any of the said purposes shall be deemed a building. (b) Building/Apartment: - shall mean a separate building containing three (3) or more dwellings which have a common entrance from street level and the occupants of which have equal rights to the use of all common halls and/or stairs, and/or elevators, and/or yards. This definition may include a senior citizens apartment building, but shall not include any dwelling otherwise defined or classified herein. j (c) Dwelling Unit Area: - shall mean the habitable area contained in the inside walls of a dwelling, excluding any private garage, carport, porch, veranda, unfinished attic, cellar or sunroom, unless such sunroon is habitable in all seasons of the year and excluding public or common halls or areas, stairways and the thickness of outside walls. I - 2 - (d) Lot: - shall mean a parcel or tract of land described in a deed, or other legal document, the title to which is legally conveyable. (e) Golf Course: - shall mean a public or private area operated for the purpose of playing golf and includes a Par 3 Golf Course, driving ranges, minature courses, club house, dining room, lounge and similar uses. (f) Height of Building: - shall mean the verticle distance measured between the lowest finished grade adjacent to any wall of the building and a) in the case of a flat roof, the highest point of the roof's surface and b) in the case of a mansard roof, the deck roof line and c) in the case of a gable, hip or gambrel roof, the average height between the eaves and ridge. In calculating the height of a building, roof construction, such as bulk heads, penthouses and similar constructions enclosing equipment or stairs and which are less than 6 metres in height and do not occupy more than 30% of the area of the roof upon which they are located and accessory roof constructions, such as chimneys, towers, steeples or television antennaes, shall be excluded. (g) Landscaping: - shall mean any combination of trees, shrubs, flowers, grass or other horticultural elements, decorative stonework, paving, screening or other architectural elements all of which are designed to enhance the visual amenity of a property and/or to provided a screen to medicate any objectionable aspects that may detrimentally affect adjacent land. (h) Open Space: - shall mean the open, unobstructed space from ground to sky at the finish grade on a lot accessible by walking from the street on which the lot is located, which is used exclusively for landscaping and includes any surfaced walk, patio or similar area, but does not include any driveway or ramp, whether surfaced or not, any curb, retaining wall, parking area or any open space, beneath or within a building or structure. (i) Park, Greenbelt: - shall mean a lot or block of land, the main purpose of which shall be the protection of open space areas and natural watercourses and which may also be used for recreational activities, including playing and athletic fields, but excluding any buildings or structures. I - 3 - (j) Park, Private: - shall mean any open space or recreational area owned and operated or maintained in whole or in part by a private organization and may include therein swimming pools, boating facilities, picnic areas, gardens and other similar recreational activities. (k) Park, Public: - shall mean a lot or block of land owned or controlled by a public authority, the main use of which shall be for recreational activities and which may include its use as a playground, or play field, including athletic fields, aquatic facilities, gardens, landscaped areas, and any buildings, the purpose of which shall be for recreation or a use accessory to a recreational use. Permitted Uses (a) URBAN RESIDENTIAL TYPE FOUR (R4) ZONE ,y - apartment building (b) ENVIRONMENTAL PROTECTION (EP) ZONE - conservation area - reforestration or forestry areas - bird or wildlife sanctuary - greenbelt park - stormwater, flood and erosion control facilities (c) -AGRICULTURAL EXCEPTION (A-8) ZONE - a golf course Zone Provisions ' (a) URBAN RESIDENTIAL TYPE FOUR (R4) ZONE i . (i) Density (maximum) 80 units/hectare j (ii) Lot Frontage (minimum) 20 metres (iii) Yard Requirements (minimum) - Front Yard 7.5 metres - Interior Side Yard 7.5 metres - Exterior Side Yard 7.5 metres - Rear Yard 7.5 metres (iv) Dwelling Unit Area (minimum) - Bachelor Dwelling Unit 40 square metres - 1 Bedroom Dwelling Unit 55 square metres - 2 Bedroom Dwelling Unit 70 square metres - Dwelling Unit containing 80 square metres + 3 or more bedrooms 7 square metres for each bedroom in excess of 3 I - 4 (v) Lot Coverage (maximum) 40% (vi) Landscape Open Space (minimum) 35% (vii) Building Height (maximum) 12 metres (viii) Building Height Exception - a building in excess of 12 metres may be erected provided that the applicable yard requirements are increased by a percentage directly proportionate to the percentage increase in building height above 12 metres. (ix) No buildings or structure may be erected and no use may be established in the Urban Residential type four (R4) Zone unless the lot upon which it is situated is serviced by municipal sewage and water systems which have sufficient capacity to accommodate the proposed use. (b) AGRICULTURAL EXCEPTION A-8 ZONE (i) Lot Area (minimum) 6 hectares (ii) Lot Frontage (minimum) 20 metres (iii) Yard Requirements (minimum) - Front Yard 15 metres - Exterior Side Yard 15 metres - Interior Side Yard 15 metres - Rear Yard 15 metres (iv) Lot Coverage (maximum) 5% (v) Building Height (maximum) 10 metres (c) ENVIRONMENTAL PROTECTION (i) Those portions of any lot zoned Environmental Protection (EP) abutting an Urban Residential Type Four (R4) Zone may be included as lot area for the purposes of calcultating the maximum number of units permitted on that lot. (iv) General Provisions (i) Building Permits Prior to ssuance of building permits in respect of any of the lands designated as Special Provision By-law 84- on the attached Schedule A hereto, a servicing agreement shall be entered into with the Regional Municipality of Durham. (ii) Munici pal Servicing 9 Re rement ui 9 --- Nobuildings or structures may be erected and no use may be established in the Urban Residential Type Four (R4) Zone unless the lot upon which it is situated is serviced by municipal sewage and water systems which have sufficient capacity to accommodate the proposed use. I 5 - 2. Map 16 of Schedule A, By-law 2111, as amended, is hereby further amended by changing to Special Provision By-law 84- the zone designation of the lands designated Zone Change to Special Provision By-law 84-_ on the attached Schedule X hereto. 3. Schedules X and X-1 attached hereto shall form part of this By-law. y 4. This By-law shall come into effect on the date hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 1984. BY-LAW read a second time the day of 1984. BY-LAW read a third time and finally passed this day of 1984. MAYOR ;+ is 1 LERK I This is Schedule "X-1" to By-law 84--, passed this day of—A.D. 1984. A- 3 0 P E 6945 80.37 m m A-8 Z Z N NIB°50'W ., 45.62 0 a A-8 JE 2, D N D ro M o ; n N n o h C(S So v CO i z N72'33'E 399.00 J R4 N72-33'E 179.10 M A-8 3 a h J M N Q R4 0 d R4 EP R4 zIT7-21 4590 Ld U N72°32'E 48.77 EP NIB°42'W 31.14 p a_ N 72'32'E 20.12 U m A-8 R4 N18042'W 23.72 ti o N72032'E 60.96 M O a N44°02'20"W 72.12 01 3 a z g � � Z Z D N60°35'50''W 23.56 EP E P W IX n'o N18°42'W 33.07 N O_ O A-8 - NOB°36'10 E 7.98 a y N18-42'W 41.00 N72°35'50E 117.08 z$> D NIB°42'W 9.91 N72°32'E 40.84 (SEAL) = NI6°42W49.38 N72040'E 81$4 G.B.RICKARD,MAYOR 4 0 25 50 IOOm D.W. OAKES,CLERK 50 10 N 0 250 500m Key Map -Former Township of Darlington 500 100 LOT LOT I LOT OT LOT LOT LOT LOT LOT LOT LOT LOT LOT lDT 35 I 34 I 33 32 I 31 30 1 29 28 I 27 I 26 I 25 24 I 23 22 I I I I I I I I I I I I I I I I _ 1 I I I I ( I I I 1 I SUBJECT 1 SITE 1 I I I I I I yI I I 4 NASH I R0. r- This is Schedule "X" to By-law 84-_, passed this day of_A.D. 1984. 3 0 M 3 O ° ° 69-46 80.37 m m z z N N18°50,W , 46.62 , m m `0 M Bryn A N 7p a • `7 A m = 1 0m � n NM 3 M P0 CO O m- m N z i W � `• N72°33*E 399.00 O J N72°33'E 179.10 m M m 3 N J N Q N O af 3 I N 177.21 W 4590 LLJ U M N72 UE 48.77 m 1418°424 31.14 d N72°32'E 20.12 8 m N18°42eW 23.72 i 472°3ft 60.96 M � O N44°02.20°W 72.12 Z 3 a 8 X zz N60°35'50•°W 23.56 W n gym?'O N 18°424 33.07 .00 _ n - NO8°36*IOE 7.98 a°a NIB°4eW 41.00 m mi WV3550E 117.08 z m_ NIB°42�W 9.91 N72°32�E 40.84 (SEAL) z 1418°42W49.38 G.B.RICKARO,MAYOR N72°40E 81.34 ® ZONE CHANGE TO SPECIAL PROVISION BY-LAW 84- Q 0 25 50 loom D.w. OAKES,CLERK 50 10 N 0 260 500m Key Map -Former Township of Darlington 500 100 LOT LOT I LOT OT LOT LOT LOT LOT LOT LOT LOT LOT LOT LOT 35 I 34 I 33 32 I 31 30 ( 29 28 I 27 I 26 I 25 24 I 23 22 I I I I I I i I I _ I o I I I I 1 I - I I SUBJECT I i SITE i I I NASM I R0. • �1��I I 1 I - I (-- I ATTACHMENT 3 June 20, 1984 P91;2gV. DDDDw DURHAM Mr. T.T. Edwards JUN 20 198/ Planning Director Town of Newcastle 'OWN NEWCASTLE 40 Temperance Street PLANNING DEPARTMENT The Regional Bowmanvi l l e, Ontario Municipality of Durham Dear Mr. Edwards: Planning Department Re: Neighbourhood 3B Development Plan Box 623 Courtice Urban Area and Application for Rezoning 105 Consumers Dr. E. Pollard Whitby,Ontario Canada,LIN 6A3 File: DP-N2. , DEV 83-22 (416)668.7731 DR.M.R. MICHAEL,M.C.I.P. Further to Our meeting of June 19, 1984 with respect to the Commissioner of Planning above-noted items, I would like to provide the following comments for your consideration. 1. In our opinion, it is not necessary for the 3B Development Plan to be finalized prior to the rezoning application by Mr. Pollard receiving approval from the Council of the Town of Newcastle. 2. It is preferable that Mr. Pollard enter into a servicing agreement with the Region prior to the approval of the zoning by-law. If such is not to be the case, we request at least that: a) the proposed zoning by-law be amended to indicate "that no development may be established until a servicing agreement has been entered into with the. Region"; and b) Section 16(a)2) of the development agreement be amended to read "provided that the owner has signed a servicing agreement with the Regional Municipality of Durham regarding access, connections to municipal water and sanitary sewarage systems, and the *payments of levies, and that a copy of said agreement has been deposited with the Town". 3. As requested we have given immediate priority to the review of the Neighbourhood 3B Develoment Plan and advise that it appears to be in conformity with the Durham Regional Official Plan and Courtice Urban Area Plan. If you have any questions regarding the above comments please do not hesitate to contact me. Yours very truly, Dr. M. Michael, M.C. P. Commissioner of Planning :LM Encl . P� LAKE O ATTACHMENT 4 Y�.% o o y1P 1 !oQ '�rION FV CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY 100 WHITING AVENUE,OSHAWA,ONTARIO L1H 3T3 (416)579.0411 REF NO. June 21, 1984. HANDED TO TOWN OF NEWCASTLE STAFF Corporation of the Town of Newcastle, Planning and Development Department, Hampton, Ontario, LOB 1JO Attention: Mr. T. T. Edwards, M.C.I.P., Director of Planning Dear Sir: Subject: Neighbourhood Development Plan, Neighbourhood 3B, (Report PD-122-84, and Schedule 1 dated 05 June 1984), Courtice Urban Area Authority staff is hereby providing comments on the above components of Neighbourhood Plan 3B, as delivered to us 20 June 1984. As you are aware, this Authority and staff of the Town and Region provided considerable input to the preparation of the Courtice Environmental Analysis which was adopted by the Town by way of Resolution C-1282-81. This motion specifically indicates that the referenced study will be used in: a) preparing Neighbourhood Development Plans for Neighbourhoods 3a, 3b and 3c in the Courtice Urban Area Plan; b) evaluating specific development proposals in the Courtice Urban Area; c) evaluating the land use designations and policy provisions of the Regional Official Plan and Amendment 12 to the Darlington Official Plan with a view to recommending possible amendments to those documents. We are concerned that Schedule 1 (05 June 1984), which depicts Neighbour- hood 38, designates many areas shown as open space in the Courtice Environ- mental Analysis and as environmentally sensitive in amendment 19 in the regional official plan,as high or medium density residential. Our first difficulty with this procedure is that the Courtice analysis as adopted by the Town states that conservation or carefully controlled rural estate development is possible in these areas. High or medium density as proposed in the subject neighbourhood plan is not recommended and mitigative measures are not provided. Therefore, to permit development as indicated in the plan for area 3B appears to conflict with the Courtice analysis and with the provisions of amendment 19 to the regional official plan. Section 1.3.9 of this plan states that prior to approving a development application cont'd......2 CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY Corporation of the Town of Newcastle June 21, 1984 Attention: Mr. T. T. Edwards Page 2 within the environmentally sensitive areas indicated on Map "A", the area municipal council shall conduct in co-operation with the Region and conser- vation authority a study to implement the objective of Section 1.2.2. Section 1.2.2 reads, in part, as follows: "Council shall endeavour to retain in a natural state wherever possible the areas identified as environmentally sensitive. However, in accordance with the other provisions of this Plan, development within these environmentally sensitive areas may be permitted to the extent that the type or magnitude of development is compatible with the environmental conditions or that measures have been undertaken to mitigate any resulting negative environmental impact." To our knowledge, a study to fulfil the requirements of this section of the regional official plan as it pertains to Mr. Pollard's application and the residential designating of sensitive areas in neighbourhood 38 has not been undertaken. In May of 1982 we understand that Town Council requested the Region of Durham to amend the regional official plan and amendment 12 to the Darlington offi- cial plan such that the areas identified as open space by the Courtice Environmental Analysis in neighbourhood 3A, located immediately to the west of the subject neighbourhood 3B, would be removed from the Courtice Urban Area and effectively designated open space. This was in conformity with the agreement made in 1981 among the Region, the Town and this Authority pertain- ing to the use of the Courtice Environmental Analysis in guiding development in Courtice. These agreed-upon guidelines were contained in Commissioner's Report Number 81-197. A copy of page 3 of this report which details the noted agreement is attached for clarification. A copy of Commissioner's Report 81-197 as adopted by Regional Council was forwarded to the Town Clerk 28 September 1981. In reviewing the proposed treatment of these same open-space areas in neigh- bourhood 3B, we note that similar areas recommended for preservation. in area - 3A are, in many instances, recommended for development in area 3B. In addi- tion to the general lack of uniformity in implementing protective measures in the Courtice area, it is particularly unfortunate that area 3B is not receiving adequate protection since it is perhaps the most sensitive of the three neighbourhoods north of Nash Road. In area 38, beaver activity, excellent wildlife habitat, and the observation of uncommon or rare plants has been documented. Many of the observed uncommon plants will apparently be affected by Mr. Pollard's development application, particularly the golf course component. Report Number PD-122-84 has also been reviewed. The last paragraph on page 4 attempts to rationalize the proposed golf course as being compatible with sensitive features. We cannot concur. Site prepara- tion procedures and golf course activities such as tree and brush removal, compaction of green areas, drainage improvements, the application of herbicides and a greatly increased human presence can only serve to undermine the stability of the ecosystem. Lighting of the area to permit its use during the evening could also result in negative effects on wildlife. cont'd....3 CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY Corporation of the Town of Newcastle June 21, 1984 Attention: Mr. T. T. Edwards Page 3 The fourth paragraph on page 7 notes that Authority staff have indicated that neighbourhood 38 should not be developed based upon the recommendations of the Courtice Environmental Analysis. We wish to note here that Region and Town staff have also agreed to this policy. (Commissioner's Report 81-197) The last paragraph on page 7 questions the legal status of the Courtice Environ- mental Analysis under The Planning Act. Our understanding is that the analysis was required by Amendment 12 to the Darlington official plan and that land uses within the then present urban area plan and future neighbourhood plans would be reassessed based on the ultimate results of the environmental analysis. Follow- ing are those sections of amendment 12 upon which we base this opinion. Note that since no mitigative measures were proposed by the Courtice Environmental Analysis for areas described therein as "open space", there would not, accord- ing to Section 6.4.2, (iii) of amendment 12, appear to be justification for including these areas in the residential designation of the neighbourhood plan for area 3B. Section 6.4.2(1) - The environmental sensitivity of any site upon which development is proposed, and which is identified as environmentally sensitive on Schedule 2 to this Plan, shall be examined through the preparation of an Environmental Impact Analysis to be conducted by the Town of Newcastle in accordance with Section 6.1.3 (ii) to the satisfaction of the Town of Newcastle, the Region of Durham, the Central Lake Ontario Conservation Authority and the Ministry of Natural Resources. Section 6.4.2(111) - Land uses defined within the Urban Area Plan and subsequent Neighbourhood Development Plans shall be reassessed and alternative land use concepts analyzed, in light of the recommendations of the Environmental Impact Statement, if the negative effects of such uses cannot be satisfactorily mitigated in a manner consistent with engineering techniques and resource management practices that are deemed appropriate-by Council and any other agency having jurisdiction. We have also reviewed Attachment I to Report PD-122-84. On page 3, points 10 and 11 are at odds with Section 3.20ii) and 3.3 on page 3 of Commissioner's Report 81-197, and we therefore cannot support the suggested deletion. i Page 5, point 22, suggests another deletion which we cannot support since it is counter to the agreed-upon method to be used in the preparation of neigh- bourhood plans. In neighbourhood 38, road locations may be more critical in that high water table conditions and sensitive plants are more widespread and interrelated than in other neighbourhoods. Stormwater Management The issue of increased flows from urbanization and degraded water quality in Farewell and Black Creek systems is of considerable concern to this Authority. Past experience has indicated the perils of attempting to devise effective, efficient storm runoff control plans on a site by site basis. it is at the cont'd.....4 I CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY Corporation of the Town of Newcastle June 21, 1984 Attention: Mr. T. T. Edwards Page 4 neighbourhood plan stage that the conceptual overview needed to allocate future land uses, including runoff control areas, is best provided. The Town should take advantage of this factor and designate lands only after the benefits of being in this position have been adequately investigated. The approval of the neighbourhood plan for area 3B as submitted may result in the Town being forced into dealing with a number of development proposals with- out knowing the required spatial and hydraulic location of future storm runoff control areas. This difficulty may be compounded if development of the wet, water-absorbing areas of Courtice are to be partially or totally dewatered. This will likely further increase storm runoff rates and therefore increase the magnitude of runoff control which will be needed to control peak flows to pre-development levels. The control of storm runoff to these levels for the Courtice Urban Area and the preservation of the wet, forested areas are essen- tial to maintaining the coldwater habitat conditions of the Farewell Creek, to minimizing erosion and flooding downstream, and for the protection of the Oshawa Second Marsh. Given the environmental conditions on site and downstream, we cannot emphasize strongly enough the need to fully understand and be prepared to adequately moderate the environmental changes that will result should development occur. There are many areas in the Courtice Urban Area where development could logically occur. These areas, which are addressed in the guidelines of Commissioner's Report 81-197, pose constraints which can be accommodated more readily without disrupting the environment on site or by interfering as significantly with the established hydrologic regime. Our recommendation can only be to defer the approval of a neighbourhood plan for area 3B and Mr. Pollard's proposal, and to work with this Authority towards the preparation of a neighbourhood plan for area 38 which conforms with the guidelines adopted by Regional Council as con- tained in Commissioner's Report 81-197, and the Courtice Storm Water Management Study. The Authority appreciates the opportunity to provide comments on this component of development in the proposed Courtice Urban Area. Yours very truly, (/1�4 tiG� William Fry, Resources Planner. WF/klt ATTACHMENT cc Regional Municipality of Durham - Attention: Commissioner of Planning cc Town of Newcastle - Attention: Director of Public Works Commissioner's Report No. 01-191 pale 3 3.2 As a result of these meetings,.staff fr•an tho Town of Newcastle, the Conservation Authority and the Region have agreed that the following guidelines as related to the Environmental imp.rct Analysis will quid(; thn, preparation of neighbourhood development plans: 1) that the lands identified in the Environmental Impact Analysis as Environmental/Hazard Areas" and "Open Space Areas" will be non-developable; Ii) that the lands identified as "Special Policy Areas" will not develop unless detailed hydrological studies prepared to the satisfaction of the Conservation Authority' indicate such is feasible; and iti)that the lands identified as "Urban Residential Areas" will develop on the basis of sound engineering and planning practices to conserve, as much as possible, important wildlife habitat. 3.3 Staff from the Conservation Authority will be involved in the preparation of the neighbourhood development plans. Subsequent to the preparation of such plans. Newcastle staff will be recommending any necessary amendments to the Durham Regional Official Plan or the Official Plan for the fo►mer Planning Area of the Township of Darlington. Staff from the Conservation Authority are satisfied that this constitutes.a reasonable approach to their environmental concerns for this-area. 3.4 The Environmental Impact Analysis prepared by Gartner Lee Associates Limited will enable the Town of Newcastle to resolve the sensitive environmental matters prior to development through the preparation of neighbourhood development plans for the nor•fheast portion of Courtice Urban Area. Dr. M. Michael, M.C.I.P. DC/LK Commissioner of Planning Attachment 37 "'r ATTACHMENT 5 DEVELOPMENT AGREEMENT MADE (in quintuplicate) this day of 198 BETWEEN: 563186 ONTARIO LIMITED hereinafter called the "OWNER" OF THE FIRST PART - and - THE CORPORATION OF THE TOWN OF NEWCASTLE, hereinafter called the "TOWN" OF THE SECOND PART WHEREAS the lands affected by this agreement, are described in Schedule "A hereto and are hereinafter referred to as the "said lands"; AND WHEREAS it is the intention of the parties hereto that the buildings to be constructed on the said lands will be used for rental purposes and that no application will be made for the registration of the said lands under the provisions of the Condominium Act; AND WHEREAS the Owner, has represented to the Town that the said lands are registered in the name of 563186 Ontario Limited as stated in the Affidavit of Ownership, attached to this agreement as Schedule "B"; AND WHEREAS the Owner proposes to erect an Apartment Complex on the said lands; and has requested the Town to approve the said development pursuant to the provisions of By-law 79-151 ; AND WHEREAS the Town has resolved to approve the said development pursuant to the said By-law 79-151, provided that the Owner enter into this Agreement with the Town; AND WHEREAS the Owner warrants that it has entered, or will enter into an Agreement with the Regional Municipality of Durham, for the provision of services with the approval of the Director of Public Works of the Town of Newcastle. NOW THEREFORE, in consideration of the mutual agreements and covenants hereinafter contained, the parties hereto agree as follows: 2 - 1. Annexed hereto and marked as Schedule "C" are plans and drawing showing the size, location, elevation and exterior architectural design of the building which the Owner proposes to erect on the "said lands", which shall be approved by the Director of Planning and the Director of Public Works. for the purposes of identification, Schedule C consists of the following: C-1 Site Plan C-2 Landscape Plan incuding tree preservation plan C-3 Building A - Elevations C-4 Building A - Building Sections C-5 Building B - Elevations C-6 Building B - Building Sections C-7 Building C - Elevations C-8 Building C - Building Sections C-9 Building D - Elevations C-10 Building D - Building Sections C-11 Grading and Drainage Plans 2.(a) The Owner agrees that no buildings or structures, other than the buildings shown on Schedule "C" shall be erected on the "said lands" and further, that in the construction of such buildings the Owner will comply with the elevations, exterior architectural design, the location of the buildings on the lot and all other matters relating to the building shown on Schedule "C", unless otherwise approved by the Director of Planning and the Director of Public Works. (b) The Owner further agrees that no mechanical equipment such as air conditioners or ventalators, shall protrude from the roof or any other portion of any building unless the design and location thereof, including screening of such equipment from public view, is approved by the Director of Planning. (c) Notwithstanding anything hereinbefore contained it is understood and agreed that the Director of Planning and the Director I I 3 - of Public Works of the Town shall jointly have full power and authority to approve minor changes to any of the matters referred to in the said Schedule "C" provided that such changes relate to minor alterations of any one or more of the following, namely, elevation of buildings and other structures, changes in landscaping material , including size, type and spacing of trees or shrubbery, curbing details, lighting details, and sign details. 3. PARKING AND LOADING (a) The Owner agrees to provide and maintain off-street parking and driveway access in accordance with Schedule "C" and to do so in accordance with specifications to be approved by the Director of Public Works which shall include a surfacing of parking areas with concrete or bituminious asphalt. No parking of vehicles shall be permitted on access or driveway areas which shall be signed and maintained as fire access routes to the satisfaction of the Fire Chief. (b) The Owner further agrees that there shall be no driveway or walkway exits or entrances to the said lands except as shown in the said Schedule "C". 4. GARBAGE AND WASTE (a) The Owner agrees to provide and maintain enclosed garbage and waste storage facilities as may be required by the Town for the storage of garbage and other waste materials from the buildings on the said lands, in accordance with plans and specifications to be approved by the Directors of Planning and Public Works and the Fire Chief and as shown on Schedule "C" hereto. (b) The Owner further agrees to remove garbage and other waste materials as often as may be required by the Director of Public Works and the Fire Chief. 5. SNOW REMOVAL The Owner agrees to remove all snow from access ramps, driveways, parking areas, loading areas and walkways within twelve hours of the cessation of any fall of snow. I I I I - 4 - 5. GRADING AND DRAINAGE (a) The Owner agrees to undertake the grading of and provide for at his cost the disposal of storm, surface and waste water from the "said lands" and from any buildings or structures thereon in accordance with plans and specifications to be approved by the Director of Public Works and annexed to this agreement as a portion of Schedule "C". (b) The Owner shall complete all grading and installation of all drainage facilities, including catch basins and storm water retention/detention ponds, in accordance with the said plans as approved and to the satisfaction of the Director of Public Works; and all such drainage facilities shall be completed prior to the occupancy of any buildings developed in accordance with this Agreement. (c) The Owner agrees that they will at all times maintain in good condition and repair all buildings and works shown on Schedule "C" and more particularly shall maintain in a condition satisfactory to the Town the aforementioned drainage facilities and all of the various items of landscaping including, without limiting the foregoing, the cutting of grass on all sodded areas. 7. ILLUMINATION The Owner agrees to provide illumination of the "said lands" and buildings in accordance with plans and specifications to be approved by the Director of Public Works and Director of Planning and to refrain from erecting or using any form of illumination which in the opinion of the Town would cause any traffic hazard or would cause a disturbance to residential uses adjacent to the "said lands". , Furthermore, the owner acknowledges that illumination will be provided at the driveway entrance to said land. 8. FENCING AND LANDSCAPING (a) The Owner agrees to erect and maintain fences and plant and maintain, trees, shrubs or other suitable ground cover in accordance with plans and specifications to be approved by the Director of Public Works and the Director of Planning to provide adequate landscaping of the "said lands" and protection to adjoining lands. - 5 - (b) The Owner further covenants and agrees to complete all landscaping and all other items as shown on the said Schedule "CO in a manner satisfactory to the Director of Public Works and the Director of Planning within six (6) months of the completion of the buildings shown on Schedule "C". 9. WALKWAYS The Owner agrees to provide pedestrian access to the buildings in accordance with Schedule "C". 10. APPROVAL OF PLANS AND SPECIFICATIONS The Owner agrees that the issuance of any building permit in respect of the "said lands" shall be prohibited until all plans and specifications required pursuant to this Agreement have been approved by the Town. 11. REGISTRATION AND ENFORCEMENT The Owner agrees that the Town may register this Agreement against the title to the "said lands" and that the Town may enforce the provisions of this Agreement against the Owner of the "said lands" and subject to the provisions of the Registry Act and the Land Titles Act, as amended, against any and all subsequent owners of the said lands". The Owner further agrees to reimburse the Town for all reasonable legal fees associated with undertaking the registration of this agreement. 12. APPROVAL OF COST ESTIMATES The Owner agrees that, prior to the issuance of any building permit for any building identified on Schedule "C" hereto, the estimated cost of construction and installation of the external works required by this Agreement and the internal storm drainage works, hereinafter called the "Works Cost Estimate" shall be approved by the Director of Public Works and annexed to this Agreement on Schedule "D11 The said approved "Works Cost Estimate" shall be deemed to have been included in this Agreement at the date of its original execution, whether or not it was, in fact, so included and whether or not it is, in fact, entered in Schedule "D" hereto. - 6 - 13. PERFORMANCE GUARANTEE REQUIRED (1) Prior to the issuance of any authorization to commence work, the Owner shall provide the Town with a "Performance Guarantee", in the form of cash or an irrevocable letter of credit issued by a chartered Canadian Bank in an amount equal to the "Works Cost Estimate". The "Performance Guarantee" may be used by the Town as set out in clause 14 in the event that the Owner fails to satisfactorily meet the requirements of this agreement in respect of the provisions of the specified works and facilities. (2) All submissions made under clause (1) above, shall be approved by the Treasurer of the Town. 14. USE OF PERFORMANCE GUARANTEE The Owner agrees that the Town may, at any time, by resolution of Town Council, authorize the use of all or part of any Performance Guarantee if the Owner fails to pay any costs payable by the Owner or construct any works required by the Town under this Agreement. 15. COMMENCEMENT OF WORKS (a) The Owner agrees that prior to the commencement of any works upon the lands to prepare or cause to be prepared, at his expense and with the consent of the well owner, an inventory of all existing wells within one hundred and fifty (150) metres of the said lands which shall establish and record the water level and quality of said wells. In addition, after commencement of any of the works, the Owner agrees to carry out or cause to be carried out, each and every month for the duration of the construction period, measurements and recording of the water levels of inventoried wells in order to monitor for any possible impacts upon the local water table which may result from the works. The aforementioned inventory shall be filed with the Director of Public Works for the Town of Newcastle and all measurements recorded therein and any subsequent measurements shall be witnessed by the well owner. Where the Owner has been unable to secure the consent of any well owner, the Owner shall submit a written statement to that effect to the Town accompanied by an appropriate waiver from the well owner. 7 - (b) The Owner agrees to, if the well or private water supply of any person outside the Plan is interfered with or dewatered as a result of the construction or installation of the Works: (a) where the interference to a well or private water supply is short term duration (i.e. during the course of dewatering and excavation and within one month of the completion of dewatering) make available to the affected party, a temporary supply of water at no cost to the affected party; or (b) where the interference to a well or private water supply is of a long term duration, at the option of the Owner and at his expense, connect the affected party to the Town water supply system or provide a new well or private water system so that water supplied to the affected party shall be of a quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. 16. PERMITS (a) The Town agrees that upon the Owners complying with the provisions of this Agreement respecting approval of all plans and specifications required herein, building permits will be issued in accordance with the approved plans subject to: 1) payment of the usual permit fees and other fees as are payable under By-law currently in force in the Town and provided that all building plans comply with the Ontario Building Code and such other Municipal By-laws as may be relevant; and 2) provided that the owner has signed a servicing agreement with the Regional Municipality of Durham regarding access, the necessary connections to municipal water and sanitary sewage systems, the payment of levies, and that a copy of said agreement has been deposited with the Town; and 3) provided that the owner has executed an agreement with the Ontario Hydro Electric Commission for the installation of hydro electric services to the said lands and that a copy of said agreement has been deposited with the Town; and 4) the Owner has paid to the Town all monies required pursuant to Schedule "E" hereof. i - 8 - (b) The Town further agrees that upon the Owners complying with provisions of By-law 76-25, as amended (Sign By-law), sign permits will be issued in accordance with said By-law subject to payment of the usual permit fees currently in force. 17. LAPSE OF APPROVAL In the event a building permit has not been issued to the Owner within the period of two years hereinafter in this sentence referred to, the parties agree that the Town's approval of the site plan and drawings referred to in paragraph number 1 hereof shall lapse upon the expiry of two years from the date of the execution of this Agreement. 18. CONSTRUCTION COMMENCEMENT The Owner agrees to commence construction of any building or buildings for which a permit may be issued under Paragraph 15 hereof as soon as is reasonably practicable following the issuance of any such permit. 19. INTERPRETATION NOT AFFECTED BY HEADINGS The division of this Agreement into paragraphs and the insertion of headings are for convenience of reference only and shall not in any way affect the interpretation of this Agreement. IN WITNESS WHEREOF the parties have hereto affixed their hands and seals and/or corporate seals by the hands of their proper signing officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) .563186 ONTARIO LIMITED I� 1 THE CORPORATION OF THE TOWN OF NEWCASTLE MAYOR CLERK i LIST OF SCHEDULES A - Legal Description of Said Lands B - Affidavit of Ownership C - Site Plan including: C-1 Site Plan C-2 Landscape Plan including tree preservation plan C-3 Building A - Elevations C-4 Building A - Building Sections C-5 Building B - Elevations C-6 Building B - Building Sections C-7 Building C - Elevations C-8 Building C - Building Sections C-9 Building D - Elevations C-10 Building D - Building Sections C-11 Grading and Drainage Plans 0 - Works Cost Estimate E - Development Charges THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been authorized and approved by By-law No, of the Corporation of the Town of Newcastle, enacted and passed the day of 1983, LEGAL DESCRIPTION OF SAID LANDS (by Reference Plan) IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE TOWN OF NEWCASTLE In the presence of: ) MAYOR CLERK 563186 ONTARIO LIMITED I THIS SCHEDULE IS SCHEDULE "B" to the Agreement which has been authorized and approved by By-law No. of the Corporation of the Town of Newcastle, enacted and passed the day of 1984. AFFADAVIT OF OWNERSHIP IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE TOWN OF NEWCASTLE In the presence of: ) MAYOR CLERK 563186 ONTARIO LIMITED i THIS SCHEDULE IS SCHEDULE "C" to the Agreement which has been authorized and approved by By-law No. of the Corporation of the Town of Newcastle, enacted and passed the day of 1984. - Attached Plans and Drawings C-1 through C-11 inclusive IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE TOWN OF NEWCASTLE In the presence of: ) MAYOR CLERK 563186 ONTARIO LIMITED i THIS SCHEDULE IS SCHEDULE "D" to the Agreement which has been authorized and approved by By-law No, of the Corporation of the Town of Newcastle, enacted and passed the day of 1984. WORKS COST ESTIMATE (to be determined) - Storm drainage works - Externals i.e. illumination IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE TOWN OF NEWCASTLE In the presence of: ) MAYOR CLERK 563186 ONTARIO LIMITED THIS SCHEDULE IS SCHEDULE "E" to the Agreement which has been authorized and approved by By-law No, of the Corporation of the Town of Newcastle, enacted and passed the day of 1984. DEVELOPMENT CHARGES The Owner shall pay to the Town development charges in the amount of $ which shall be paid as follows: - Twenty (20) percent upon execution of this agreement - A further twenty (20) percent prior to issuance of a building permit in respect of Building A - A further twenty (20) percent prior to issuance of a building permit in respect of Building B - A further twenty (20) percent prior to issuance of a building permit in respect of Building C - A further twenty (20) percent prior to issuance of a builting permit in respect of Building D For the purposes of this Schedule and the Agreement development charges actually paid to the Town shall be applied in the first instance on a pro-rata basis against all lots or blocks within the Plan upon which it is contemplated by this Agreement that residences shall be built but, upon the issuance of the first building permit and thereafter, the development charges shall be first applied in full satisfaction of the development charges owing on the lots or blocks in respect of which the building permits have been issued and the balance of any development charges actually paid to the Town (if any) shall be applied on a pro-rata basis against all lots or blocks within the Plan upon which it is contemplated by this Agreement that residences shall be built but for which no building permit has been issued. For the purposes of this Schedule and the Agreement the number of building permits issued shall be the aggregate of all building permits issued with respect to any lot or block within the Plan whether issued to the Owner or any other person. The Town shall review the schedule of development charges annually and shall adjust the amount of the development charges in accordance with the increase of capital costs as may be appropriate using the Southam Construction Index for calculating such adjustments. The Owner hereby acknowledges and agrees to such annual adjustment and further agrees that such adjusted development charges shall be applicable to all lots or blocks within the Plan for which development charges remain due. i IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE TOWN OF NEWCASTLE In the presence of: ) M YOR LERK 3 563186 ONTARIO LIMITED i DATED: 1984 B E T W E E N: 563186 ONTARIO LIMITED - and - THE CORPORATION OF THE TOWN OF NEWCASTLE DEVELOPMENT AGREEMENT The Corporation of the Town of Newcastle Planning Department Municipal Offices HAMPTON, Ontario, LOB 1JO File: DEV 83-22