HomeMy WebLinkAboutPD-51-85 IV _ �C)
CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director
HAMPTON,ONTARIO LOB UO TEL.(416)263-2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING
OF APRIL 1, 1985
REPORT NO. : PD-51-85
SUBJECT: PROPOSED PLAN OF SUBDIVISION: 18T-84048
APPLICATION FOR REZONING: DEV 85-1
PAUL GEARING
LOT 32, CONCESSION 3, DARLINGTON
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1 . That Report PD-51 -85 be received; and
2. That the Region of Durham be so advised that the Town
of Newcastle recommends approval of Plan 18T-84048,
dated December 17, 1984, as revised in red and
* attached hereto and furthermore, subject to the
* conditions contained in Attachment 1 to this Report;
and
3. That application for rezoning DEV 85-1 in respect of
Lot 32, Concession 3, Township of Darlington, be
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* approved and that the attached By-law to amend Zoning
By-law 84-63, as amended, be forwarded to Council ; and
4. That a copy of Staff Report PD-51-85 be forwarded to
the Region of Durham.
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REPORT NO. : PD-51-85 Page 2
BACKGROUND AND COMMENT:
Amendment No. 121 to the Official Plan for the Regional Municipality
of Durham Planning Area was approved by the Ministry of Municipal
Affairs and Housing on January 21 , 1985. The purpose of said
amendment to the Durham Regional Official Plan was to permit the
development of a maximum of twelve (12) estate residential lots,
being considered as a minor extension to the previously approved
development of twenty-six (26) lots.
Subsequent to, and in consideration of, the requested Official Plan
Amendment as stated above; on January 3, 1985, the Newcastle
Planning Department received notice, through the Region of Durham
Planning Department, of an application for subdivision approval for
a ten (10) lot estate development. Staff would note for the
Committee's information, that the remaining two (2) lots were
submitted by means of applications to the Land Division Committee
(LD 28/85 and LD 29/85) in consideration of their location; being
physically separated from the subdivision "lands" by Farewell Creek
and the valley lands thereof. A zoning by-law amendment application
was also filed with the Town on January 4, 1985, to implement said
plan of subdivision.
In accordance with Departmental procedures, the subject proposal was
circulated to obtain comments from other departments within the
Town. The comments received are summarized below, as are the
comments which the Region of Durham received during their
circulation process.
Peterborough-Victoria-Northumberland and
Newcastle Roman Catholic Separate School Board
"In reply to your request please be informed that the Board has no
objections to the proposed plan."
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REPORT NO. : PD-51-85 Page 3
Region of Durham Planning Department
"Further to your request for comments, we note that the subject
property is designated for estate residential development by
proposed Amendment No. 121 to the Durham Regional Official Plan.
This Amendment was adopted by Regional Council on November 7, 1984
and is currently in front of the Minister of Municipal Affairs &
Housing for approval . The subject rezoning application would
therefore conform provided Amendment No. 121 is approved by -the
Minister.
With respect to regional services, municipal water supply and
sanitary sewer facilities are not available to the subject property.
However, the Durham Department of Health Services has no objection
in general principle to the proposal proceeding on the basis of
private services.
In addition, it is anticipated that the Region's requirements,
financial and otherwise, for the proposed development will be
covered in a Subdivision Agreement between the Region and the
applicant."
Region of Durham Health Unit
"The above application for rezoning has been investigated by this
Health Department, and insofar as health matters are concerned,
there are no objections to the rezoning application. However, the
number of lots in the subdivision will be assessed in the spring
when weather conditions improve. "
Ministry of the Environment
"Staff have reviewed the subject plan proposed 10 single family
residential lots and advise that we have no objection to its
approval . "
NOTE: Staff would note that any comments this Ministry may have
made with respect to the two (2) lots fronting on Tooley' s
Road would have been forwarded to the Regional Land Division
Committee (LD 28/85 and LD 29/85) for their consideration.
Ministry of Agriculture & Food - Foodland Preservation Branch
"Staff of the Ontario Ministry of Agriculture and Food have reviewed
the above development proposal . Consideration has been given to the
proposal in terms of the goals and objectives of the Ministry and of
the criteria and policies outlined in the Food Land Guidelines.
Based on our present knowledge, the Ministry has no objections to
the proposal . "
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REPORT NO. : PD-51-85 Page 4
Ontario Hydro
"The plan has been circulated to the interested divisions of the
Corporation for comment. We have no objections to the proposed
subdivision as presently laid out."
Ministry of Natural Resources
"Thank you for the opportunity to review this draft plan of
subdivision.
Farewell Creek, which crosses the property, is a coldwater trout
stream and is sensitive to water quality degradation. Also, the
creek flows into Oshawa Second Marsh, a significant Lake Ontario
shoreline wetland. Development within the valley lands of Farewell
Creek should therefore be restricted. Soil erosion and stormwater
drainage from the subdivision should be controlled both during and
after construction so as to minimize the potential reduction of
water quality and loss of fish and wildlife habitat.
Based on the above, we recommend the following conditions be
included in the Region's conditions of draft plan approval :
1 . Prior to initiating 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
shall describe -the means whereby stormwater flow and soil
erosion will be minimized both during and after construction in
the area of Lots 1 to 7, adjacent to Block 15.
2. The lands in Block 15, as shown on the draft plan, shall be
retained in the "Environmental Protection" zone in the .Town of
Newcastle Zoning By-law.
3. The subdivision agreement between the Owner and municipality
shall contain the following provisions:
a) That no damming, dredging or other alterations will be
carried out on Farewell Creek without the prior written
authorization of the Ministry of Natural Resources.
b) That the Owner agrees to carry out or cause to be carried
out the stormwater/erosion control plan for the site as
required in Condition number 1 above."
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REPORT NO. : PD-51-85 Page 5
Central Lake Ontario Conservation Authority
"Authority staff have reviewed the above-noted plan of subdivision.
The applicant has also submitted for our review a report entitled
"Heritage Farm Estates Environmental Impact Analysis" dated
September 1984 prepared by Henry Kortekaas and Associates.
The site consists of a portion of the valleylands of Farewell Creek
as well as adjacent table lands. Portions of lots 6 and 9 and all
of lots 7 and 8 and the adjacent retained lands to the south of
these lots, as well as the valleylands are heavily forested. These
areas have been designated as highly sensitive in environmental
studies undertaken by the Authority because of the forest cover, the
wildlife habitat that exists and their hydrological function in
supplying baseflow to Farewell Creek.
The Authority has previously expressed concern for the environmental
sensitivity of these lands in commenting on Plan of Subdivision
18T-82030 and O.P.A. 84-1 . As a result of our requirements in the
review of plan 18T-82030, the forested table lands on the east side
of Farewell Creek, a portion of which are now scheduled for
development, were rezoned to prohibit the construction of buildings
and structures.
Authority staff have not in the past opposed development in the open
area occupied by lots 1-5 and lot 10 on draft plan 18T-84048.
However, Staff still have serious concerns with regard to the
forested area.
Field studies undertaken by the Authority indicated that there is
substantial utilization of this area by wildlife. In particular,
winter utilization by white tailed deer, ruffed grouse and eastern
cottontail rabbit have been noted. The mix of hardwood species such
as sugar maple, basswood and cherry on the table land, along with
the dense cedar forest in the valleylands provide a good combination
of food (browse) and shelter to aid in the survival of deer during
the winter season. Evidence of browsing has been noted in the
vicinity of lots 7 and 8 and more extensively in the area to the
south of these lots.
The area is also part of a major goundwater discharge zone of the
former Lake Iroquois beach. Soil investigations have identified at
least seasonally wet conditions within the forested area. Staff are
concerned about the possibility of extensive development of the
forested area in that it may remove a source of baseflow to Farewell
Creek which has a significant coldwater fishery. Groundwater
discharge zones such as this tend to maintain water quantity and
quality in the creeks during dry periods and prolonged warm spells.
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REPORT NO. : PD-51-85 Page 6
Central Lake Ontario Conservation Authority - Cont'd
In anticipation of the Authority 's concerns, the owner has submitted
the aforementioned environmental analysis which deals with a
proposal to develop all of the forested table land area. Given that
the area to the south of lots 7 and 8 is labelled as "future
development" on this current plan, it seems likely that the
development proposal will eventually be extended to this area.
The environmental analysis has adequately addressed some of the
Authority's concerns in terms of layout of the houses, preservation
of vegetative cover, and maintenance of forest continuity. However,
staff feel that the potential effects on wildlife habitat and the
integrity of the area have not been assigned the significance which
they merit. In particular, development of the entire forested table
land area would certainly prevent white tailed deer from utilizing
it as a feeding area during the winter period. This will remove one
critical habitat component with the result that the deer population
in the immediate area may be lost.
Although the analysis recognizes the importance of the area in
providing base flow to the creek, it does not provide a detailed
investigation of the possibile effects of the development on base
flow other than to recommend that efforts should be made to increase
infiltration. This does not alleviate our concern that there may be
some effect if the entire forested table land area is developed in
spite of whatever measures may be taken.
In conclusion, staff feel that some intrusion into the forested area
can be permitted without significant disturbance of the natural
system and on that basis are willing to accept the level of
development proposed in this draft plan. However, we are willing to
accept this only on the condition that a firm commitment be obtained
from the owner that the proposed development will not be extended to
the south.
One other concern that we have noted is that the rear limits of lots
1 to 4 inclusive extend beyond the top of bank into the valley area.
General Authority policy is to discourage encroachment of lots into
the valley, in particular where the banks are well defined as is the
case in this instance so that future bank instability problems can
be avoided and in order to protect the integrity of the valley
system. The plan should be red-lined so that the rear limit of
these lots coincides with the top of bank.
Based on the above, please incorporate the following as conditions
of approval for the red-lined plan:
1 . The Owner agrees to ensure that Block 15 is zoned to prohibit
the construction of any buildings or structures other than those
necessary for flood and erosion control .
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REPORT NO. : PD-51-85 Page 7
Central Lake Ontario Conservation Authority - Cont'd
2. Prior to final approval , the Authority will be in receipt of a
deposit registered on the title of the retained block south of
lots 7 and 8 indicating in wording acceptable to the Authority
that neither the owner, any heirs, assigns, nor future owners
will make application to subdivide the retained lands without
prior written approval of the Central Lake Ontario Conservation
Authority.
3. No filling, construction, or alteration to watercourses shall
occur on the site without the written approval of the Central
Lake Ontario Conservation Authority.
4. Prior to final approval , the owner shall ensure that a deposit
has been registered on title for lots 6, 7, 8 and 9 indicating
in wording acceptable to the Central Lake Ontario Conservation
Authority, that no trees larger than 4 inches in diameter at
breast height shall be removed without the written consent of
the Central Lake Ontario Conservation Authority.
5. Prior to development of the lots, a site plan shall be
submitted for each lot indicating the location of structures,
septic systems, planting to be undertaken and areas to be
cleared of vegetation. The site plans shall generally be
consistent with the recommendations of the report entitled
"Heritage Farm Estates Environmental Impact Analysis", dated
September 1984, prepared by Henry Kortekaas and Associates as it
appies to these lots.
6. Prior to the development of lots 1 to 5, a snowfence and row of
staked straw bales shall be installed at the top of bank to
limit the intrusion of sediment ad construction machinery into
the Farewell Creek Valley.
We request that conditions 3 to 6 inclusive also be incorporated
into the subdivision agreement."
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NOTE: With respect to the rezoning application the following
comments of Central Lake Ontario Conservation Authority are
applicable:
"The site involves a table land area adjacent to Farwell Creek on
the east side of Tooley 's Road. Authority staff have previously
expressed concern regarding the environmental sensitivity of the
area and as a result the forested table lands were rezoned by the
applicant in an environmental protection category.
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REPORT NO. : PD-51-85 Page 8
Central Lake Ontario Conservation Authority - Cont'd
Staff still have the same concerns regarding the forested table land
area, a portion which is occupied by lots 6, 7, 8 and 9 on the plan
forwarded with the application. Extensive development of the
forested area will have severe effects on important wildlife habitat
and could disrupt a source area of baseflow to Farewell Creek.
However, on the basis of environmental studies carried out by the
applicant and the Authority, Staff feel that some intrusion into the
wooded area can be tolerated without seriously altering the natural
system. Consequently, Staff are not opposed to this rezoning
provided that we have some assurance that the remainder of the
forested table land will not be intensively developed. Pursuant to
this, we have requested that the Region of Durham incorporate an
appropriate condition into the approval of the draft plan of
subdivision for this site.
We note that the rear limits of lots 1 to 4 inclusive extend below
the top of bank into the Farewell Creek valley. Where the banks of
the creek are well defined as is the case here, general Authoirty
policy discourages the extension of lots over the top of bank in
order to avoid future erosion problems and to protect the integrity
of the valley system. Consequently, Staff suggest that the limit of
the area 'to be rezoned in the vicinity of lots 1 to 4 inclusive be
adjusted so that the rear lot limits are at the top of bank. The
valley area beyond this limit should form part of Block 15 which I
understand is currently zoned as environmental protection and will
remain zoned as such."
Town of Newcastle Community Services Department
"No objections. . . .recommend 5% cash-in-lieu of parkland. "
Town of Newcastle Fire Department
"This Department has no objection to the above-headed application.
The proposed subdivision is within an acceptable travel distance for
emergency response from Fire Station #4, Courtice. Consideration
should be given to Planning Department Report No. PD-40-84, Fire
Protection Requirements for Rural Development."
Town of Newcastle Public Works Department j
"We have reviewed the above-mentioned application for Plan of
Subdivision and Rezoning, and find we have no objection to this
proposal , subject to the following comments:
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REPORT NO. : PD-51-85 Page 9
Town of Newcastle Public Works Department - Cont'd
1 . That the intersection of Concession Road 4 and the proposed
cul-de-sac be reviewed to ensure adequate sight distance is
available on Concession Road 4. If not, the developer would be
required to reconstruct that portion of Concession Road 4 to
obtain the required sight distance.
2. The proposed cul-de-sac be constructed on public road allowance
and not on lands retained by the applicant.
3. That the developer is required to cost share for the upgrading
of Concession Road 4.
4. That a 8.23 metre road widening for the entire frontage onto
Concession Road 4 be dedicated to the Town.
5. That an 18.25 metre *6.25 metre sight triangle be dedicated to
the Town.
6. That any easements required by the Town be granted free and
clear of any encumbrances.
7. That, should this proposal proceed, the owner is required to
enter into a Development Agreement with this Town and that this
Department be kept informed of the status of same at all times.
8. That all works are completed in accordance with the Town of
Newcastle Design Criteria and Standard Drawings."
STAFF COMMENTS:
Staff would note, for Committee's information, that the Land
Division Committee, in considering the two (2) lots on Tooley 's Road
(LD 28/85 and LD 29/85) , approved same on January 21 , 1985. One of
the conditions within said decision stated . . . ."that the applicant
satisfy the requirements of the Town of Newcastle financially and
otherwise". The conditions as required by Staff included the
following:
"l . Approval of the Official Plan Amendment No. 121 to the Region
of Durham Official Plan by the Ministry of Municipal Affairs
and Housing.
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REPORT NO. : PD-51-85 Page 10
2. Final and binding approval of the Rezoning Application -
File DEV 85-1 .
3. The applicant satisfy the Town of Newcastle Public Works as
follows:
i ) The applicant contributing financially towards the
upgrading of Tooley's Road for the frontage of the "severed
lands".
ii ) The applicant providing a drainage and grading plan
acceptable to the Director of Public Works and furthermore,
to construct an outfall ditch to control the drainage from
the crossroad culvert and ditch along Tooley 's Road.
iii ) The applicant dedicating to the Town of Newcastle free and
if clear of all encumbrances, any easement required by the
Town for the outfall ditch.
iv) The works constructed to be in accordance with the Town's
Design Criteria and Standard Drawings and to the
satisfaction of the Director of Public Works.
4. Payment to the Town of Newcastle of the appropriate Lot
Development charges. "
With respect to the concerns of the Central Lake Ontario
Conservation Authority, Staff would concur with the realignment of
the rear lot lines of Lots 1 to 4 to coincide with the limits of the
top of bank. Accordingly the amending by-law attached hereto and
plan of subdivision , red-lined revised, reflects this alteration.
Staff would note that Block 15 on said Plan 18T-84048 is presently
zoned "EP-Environmental Protection" as requested by the Conservation
Authority. Concerning the fire protection requirements, Staff note
that the installation of a fire hydrant at Nash and Tooley's Road
was agreed upon and considered as a "reasonable means" of improving
the fire protection needs relative to Mr. Gearing's plan of
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subdivision 18T-82030 (previously approved) on the west and east
sides of Tooley's Road immmediately west of the present application.
It is further noted that the use of this hydrant provides not only a
service to Mr. Gearing's previous subdivision, the potential ten
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REPORT NO. : PD-51-85 Page 11
(10) lot subdivision, the two (2) lots created through Land
Division, but also the immediate surrounding rural and urban areas.
Inasmuch as the proposed subdivision is within an acceptable travel
distance for emergency response from Fire Station #4 - Courtice,
Staff would conclude that further fire pootection requirements would
not appear necessary in this particular instance. Staff would note,
that should Committee/Council not concur with Staff, an additional
condition of approval would have to be added to Attachment No. 1 as
follows:
"That the Owner agrees to satisfy the Town's rural Fire
Protection requirements."
The Works Department, in reviewing the proposal have requested that
the cul-de-sac as proposed on the "retained lands" of the applicant
is to be constructed on a public road allowance. The Central Lake
Ontario Conservation Authority requested that prior to final
approval of the Plan, the Authority is to be in receipt of a deposit
registered on the title of the "retained lands" south of Lots 7 and
8, in wording acceptable to the Authority, that neither the Owner,
any heirs, assigns nor future Owners will make application to
subdivide the "retained lands" without prior written approval of the
Central Lake Ontario Conservation Authority.
As Staff require the construction of the cul-de-sac on a public road
allowance being dedicated to the Town, the location on the
applicant' s lands would imply the possibility of future development
abutting the cul -de-sac. Accordingly, Staff propose the re-locating
of the cul-de-sac as a red-line revision, north of the retained
lands. Should at some time in the future, the retained lands be
developed as shown on Plan 18T-84048, the location of the cul-de-sac
would be reconsidered through a future application to subdivide.
In addition to the above, Staff has noted on the Plan of Subdivision
a further red-line revision by deleting any reference to "future
development" upon the "retained lands". Any future development
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REPORT NO. : PD-51-85 Page 12
would be reviewed in consideration of the above.
As a condition of draft approval (No. 15 on Attachment No. 1 to said
report) Staff requested that the "retained lands" of the applicant
be included within the Plan of Subdivision' as a separate Block for
the purposes of noting that any future development or issuance of
any building permits required the appropriate approvals to permit
further development of said lands. This provision was included in
consideration of the Conservation Authority's concerns as expressed
in their comments pertaining to the development of the "retained
lands". In fact, the Authority has gone on record requesting that a
separate deposit be registered on title of the "retained lands", in
wording acceptable to the Authority restricting further development
at this point in time.
In addition, Staff would note that the provisions of Zoning By-law
84-63 would enable consideration of the "retained lands" as being a
building lot for which a permit could be obtained. By incorporating
a condition within the subdivision agreement, restricting further
development of the "retained lands", a building permit for same
could not be issued until the appropriate applications are submitted
and approved.
In consideration of the comments contained within said report, Staff
would have no objections to the approval of the Plan of Subdivision
18T-84048, as red-lined revised subject to the conditions of draft
* approval on Attachment No. 1 annexed hereto.
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Furthermore, Staff would have no objections to the approval of the
amending Zoning By-law, attached hereto, implementing the Plan of
Subdivision 18T-84048 and Land Division Committee applications
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REPORT NO. : PD-51-85 Page 13
LD 28/85 and LD 29/85.
Respectful ed,
T.T. Edwards, M.C.I .P.
Director of Planning
LDT*TTE*jip
*Attach.
March 18, 1985
Applicant: Mr. Paul Gearing
P.O. Box 12
R.R. #3
BOWMANVILLE, Ontario
L1 C 3K4
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ATTACHMENT NO. 1 TO REPORT PD-51-85
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-84048
1 . That this approval shall apply to draft plan of subdivision
18T-84048, prepared by Donevan & Fleischman, identified as Job
No. 1 -51850, dated December 17, 1984, which is revised in red
as per the attached plan showing eight (8) single family lots.
2. That the developer enter into a Subdivision Agreement with the
Town of Newcastle.
3. That the Owner grant to the Town, free and clear of all
encumbrances, all easements and dedications as requested.
4. That the Owner agrees to pay to the Town of Newcastle, the
cash value of the five percent (5q) parkland dedication in lieu
of the parkland.
5. That the works be designed and constructed in accordance with
the latest Town of Newcastle design criteria and standards.
6. That the road allowances included in this draft plan be
dedicated as public highways.
7. That the road allowances in the plan be named to the
satifaction of the Town of Newcastle and the Regional
Municipality of Durham.
8. That the existing structures on Lot 3 are to be demolished and
removed from the said lands.
9. That the necessary amendment to By-law 84-63, as amended, of
the Town of Newcastle, be approved and in effect.
10. That the Owner agrees, in writing, to satisfy all requirements,
financial and otherwise, of the Region of Durham.
11. That the Owner agrees to negotiate with the Town of Newcastle a
cost sharing arrangement for the upgrading of Concession Road
No. 4.
12. That the Owner dedicate the appropriate property to the
satisfaction of the Town of Newcastle for road widening
purposes, free and clear of all encumbrances along the frontage
of Concession Road No. 4 abutting said lands.
13. That the Owner agrees that should the intersection of
Concession Road No. 4 and the proposed cul -de-sac require
re-construction, pending review to ensure adequate sight
distance is available onto Concession Road No. 4; said
reconstruction to that portion of Concession Road No. 4 to
obtain the required sight distance, is to be the Owner's
responsibility and expense.
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ATTACHMENT NO. 1 TO REPORT PD-51-85
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-84048
14. That a 18.25 metre by 6.25 metre sight triangle on the
northeast corner of Lot 1 , be added to the draft plan and
dedicated to the Town of Newcastle.
15. That the "retained lands" as shown on the draft plan be
incorporated within same as a separate Block for the purposes
of noting that the future development and issuance of any
building permits by the Town of Newcastle require the
appropriate approvals to permit development of said lands.
16. That Blocks 12 and 13, being 0.3 metre reserves, be dedicated
to the Town of Newcastle, free and clear of all encumbrances.
Furthermore, that a 0.3 metre reserve shown as Block 16 on the
red-line revised plan, be dedicated to the Town of Newcastle.
17. That the Owner agrees:
a) to satisfy the requirements of the Central Lake Ontario
Conservation Authority as specified below:
i ) No filling, construction, or alteration to watercourses
shall occur on the site without the written approval of
the Central Lake Ontario Conservation Authority.
ii ) Prior to final approval , the owner shall ensure that a
deposit has been registered on title for lots 6,7,8 and
9 indicating in wording acceptable to the Central Lake
Ontario Conservation Authority, that no trees larger
than 4 inches in diameter at breast height shall be
removed without the written consent of the Central Lake
Ontario Conservation Authority.
iii ) Prior to development of the lots, a site plan shall be
submitted for each lot indicating the location of
structures, septic systems, planting to be undertaken
and areas to be cleared of vegetation. The site plans
shall generally be consistent with the recommendations
of the report entitled "Heritage Farm Estates
Environmental Impact Analysis", dated September 1984,
prepared by Henry Kortekaas and Associates as it
applies to these lots.
iv) Prior to the development of lots 1 to 5, a snowfence
and row of staked straw bales shall be installed at the
top of bank to limit the intrusion of sediment and
construction machinery into the Farewell Creek Valley.
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Page 3
ATTACHMENT NO. 1 TO REPORT PD-51-85
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-84048
b) To satisfy the requirements of the Ministry of Natural
Resources as specified below:
1) Prior to initiating 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 shall describe the means whereby
stormwater flow and soil erosion will be minimized both
during and after construction in the area of Lots 1 to
7, adjacent to Block 15.
2) The subdivision agreement between the owner and
municipality shall contain the following provisions:
i ) That no damming, dredging or other alterations will
be carried out on Farewell Creek without the prior
written authorization of the Ministry of Natural
Resources.
ii) That the owner agrees to carry out or cause to be
carried out the stormwater/erosion control plan for
the site as required in Condition No. 1 above.
18. That the Owner agrees to satisfy the requirements of the Durham
Regional Health Unit.
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THE CORPORATION OF THE TOWN OF NEWCASTLE \II
BY-LAW NUMBER 85-
being a By-law to amend By-law 84-63, Comprehensive Zoning By-law
of 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 of the Corporation of the Town of
Newcastle.
NOW THEREFORE BE IT RESOLVED THAT By-law 84-63 is hereby amended as
follows;
1. Schedule 4 to By-law 84-63, as amended, is hereby further
amended by changing the zone designation from "A-Agricultural" and
"EP-Environmental Protection" zone to "RE-4-Residential Estate
Execption (RE-4)", as shown on the attached Schedule "X" hereto.
2. 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-LAMA read a first time this day of 1985
BY-LAW read a second time this day of 1985
BY-LAW read a third time and finally passed this day of
1985.
MAYOR
CLERK
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This is Schedule "X" to By-law 85-
passed this day of , 1985 A.D.
N144.97E FOURTH N72020'E
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