HomeMy WebLinkAboutPD-103-88 Addendum D0: PD-l03
UNFINISHED BUSINESS
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TOWN OF NEWCASTLE
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METING: COUNCIL -V
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DATE: Monday, June 13x 1988
REPORT #: ADDENDUM TO PD-103-88FJUc #: I8T-87034 6 I8T-87040
AND PD-106-88 �--------
aumu[l.T: APPLICATION FOR SUBDIVISION APPROVALS
KIDDICOBP INVESTMENTS LTD.
OUR FILES: I8T-87034 (PD-I03-88) AND I8T-87040 (PD-108-88)
RECOMMENDATIONS:
It is respectfully recommended to Council the following:
l. THAT Addendum to Reports PD-103-88 6 DD-106-88 be received; and
2. THAT Reports 9U-103-88 and PD-106-88 be lifted from table; and
3. THAT the recommendations contained in Reports PD-I03-88 and 0}-I06-88 be
approved subject to a new Condition 0n. 28 be added to Plan of Subdivision
I8T-87034 (PD-I03-88) to read as follows:
"That if any pact of this subdivision drains into the Couctioe Heights
storm water system, the Owner shall reimburse Courtine Heights
Developments for its share of the costs of the said Storm Water
Drainage System".
4. THAT Mr. Manson be advised of Council's decision.
I. BACKGROUND:
1.1 At its meeting on May 30' 1988, Council tabled Reports PD-I03-88 and
PD-106-88 and directed Staff to review the matter of exchange of table
lands.
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ADDENDUM TO REPORT PD-103-88 and PD-106-88 PAGE 2
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1.2 By letter dated May 24, 1988 (copy attached) , Mr. W.D. Manson representing
Courtice Heights Developments drew to Staff's attention that the table land
the Town proposed to exchange with Kiddicorp was purchased out of OHAP
loans which Courtice Heights is responsible for reimbursing the Town.
Therefore, Mr. Manson is requesting that the value of this table land be
credited to Courtice Heights Developments.
2. COMMENTS:
2.1 The excess table land was purchased by the Town from the Balson estate as
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Part of the storm drainage system required to service Courtice Heights
Developments subdivision. The Town secured interest free loans of
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$500,000. from OHAP and Ontario Hydro for the said storm drainage work. As
this drainage work is required for Courtice Heights Developments, the
subdivision agreement required financial commitment from Courtice Heights
to repay the municipality for the storm drainage work.
2.2 The table land is excess to the storm drainage system and could be
used and developed as a park. Kiddicorp's proposed subdivision abuts this
table land. In order to secure a large area for park development within
the Kiddicorp subdivision and to have such a park located in a central
location, Staff felt that this table land could perhaps be melded with the
subdivision park to achieve a larger park. As a result, the land exchange
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was negotiated with Kiddicorp.
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2.3 Staff met with Mr. Manson in an effort to resolve this matter. No
conclusion nor agreement was reached. Basically, Mr. Manson is of the
opinion the land is developable and therefore, should be assessed
accordingly and be credited to Courtice Heights Developments which is I
committed to complete the storm Drainage System.
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2.4 Staff is of the opinion that this table land is owned by the municipality
outright and that there are no specific conditions in its Agreement with
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Courtice Height with respect to the excess table land. Therefore the Town
has the right to dispose of this table land in the interest of the
municipality.
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ADDENDUM T3 REPORT P}-103-88 and PD-106-88- PAGE 3
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Even if it can be determined through the court of law that Cooctice
Heights may have a legitimate claim, Staff is of the opinion that the
land value should be determined and assessed based on undeveloped
parkland status. It should be noted that the Town is not in the land
development business and is merely moving the location of this table
lam] to another location to be developed for park purposes.
2.5 With respect to the issue of storm water from the Kiddinncp subdivision
draining into the Coortioe Heights Storm Drainage System, staff is
recommending a new condition of approval be added to require Kiddioorp
to compensate CVortice Heights Developments in the event that part of
Kiddtcorp`a land drains into the Cooctioe Heights drainage system.
2.6 Staff will maintain continuous dialogue with Mr. Manson in the hope of
arriving at a mutually acceptable solution. In the meantime, we do not
feel that the concerns raised by Mr. Mooaoo constitute substantial
grounds to delay the approval of the Kiddicozpva subdivision and the
proposed lam] exchange between the Town and Ktddicorfz. If Mr. Manson
is not satisfied with the decision of Council on this matter' be can
either pocooe this matter either through the court and/or request the
Region to refer the Kiddinozp subdivision to the Ontario xumioigmI
Board.
2.7 This report has been discussed with the Director of Community Services /
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and Director of Public Works who concur with the recommendations
contained herein.
Respectfully submitted, Recommended for presentation
to the Committee /
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Franklin Wu ` �---------- �
Lawrence E. Kotseff
Director of Planning 6 Development Administrative Officer
FK* 'ip
*Attach.
May 6, 1988 |
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20 Clematis Road
con" t(tan t5 Wiliowdale,Ontario
M2J 4X2
Tel.(416)4974500
May 24, 1988
Mr. Larry Kotseff
Chief Administrative Officer
The Corporation of the Town of Newcastle
40 Temperance Street
Bowmanville, Ontario
LiC 3A6
Dear Mr. Kotseff:
Re : Subdivision 1BT87034
Kiddicorp Investments
Part of Lots 33 & 34 Concession 2
Former Twp. of Darlington
We have reviewed report PD 103-88 concerning the
aforementioned proposed draft plan of subdivision which
was approved by the Town' s GPA Committee at its May 16,
1988 meeting. We have concerns about Recommendations 2,
6, and 7 of that report.
Land Exchange
Recommendations 6 and 7 contemplate the exchange
of 1 .282 Hectares of table land ( located to the north
of and immediately abutting the north limit of the
developer' s lands) for the over-dedication of parkland
provided by Kiddicorp through application 18T87034.
As we understand the proposed arrangement, the
developer is providing 'a 3.15 Hectare ( 7.78 acres)
park block which represents a 1.66 Hectare (4.10 acres)
over-dedication of park area beyond the 5 per cent
required under The Planning Act. In order to partially
compensate Kiddicorp for this over-dedication, the
developer is being allowed a 0.64 Hectare ( 1 . 58 acre)
credit for park dedication due from his adjacent
subdivision 18T87040. To compensate Kiddicorp for the
balance of the over-dedication of 1 .027 Hectares
(ie 1 .66 Ha less 0.64 Ha) , the Town will provide the
Town of Newcastle
May 24, 1988
Page 2
developer with 1.282 Hectares of developable municipal
land . This would in fact be. over compensating the developer
by 0.255 Hectare's ( le 1 .282 'Ha Less 1 .027 Ha) or 0.630 acres.
In return for this over compensation by the Town, it appears
that Kiddicorp will outfit the park with all the playing
components associated with two baseball diamonds, one
soccer pitch, and a children' s playground at no cost to
the municipality.
The owners of Courtice Heights Developments subdivision
18T76027 would remind the Town that the 1.282 Hectares of
land that the municipality is planning to give Kiddicorp
Is part of the original purchase by the Town for the
external storm drainage facility serving the watershed
within which subdivision 18T76027 is located`. As you
may be aware, the storm drainage facility lands were
purchased from the Hanaka' s, Dr. King, and the Balsan
estate. In a September 15, 1981 meeting with Mr. D. Smith,
then Town Administrator, which was convened to discuss
the excessive costs associated with the construction
of the complete storm water outfall facilities, it was
indicated to me that the Town had purchased from the
Balsan estate an area greater than that required for
storm drainage purposes. Mr. Smith indicated that
9 .427 acres ( Parts 1-4 Reference Plan 1361 ) were purchased
'whereas on"Iy, 2. 593 acres (Part 1 ) were necessary.
Reportedly, part of the additional 6 .834 acres of land
were developable. The additional lands were purchased
because the Balsan estate convinced the Town that these
lands were landlocked. The pu:�-chse price of all the
lands necessary for the storm drainage works as well
as these additional lands was included in the $500, 000
of interest free loans ($350,000 from OHAP and 0150, 000
from Ontario Hydro) that were used by the Town to offset
the various costs associated with the construction of the
first stage of the storm drainage facilities. The Town
in turn made Courtice Heights Developments responsible
for reimbursing the municipality for the entire
$500,000 worth of repayments.
We respectfully suggest that since the excess storm
drainage facility lands purchased by the Town are developable,
then the current market value of such lands should be
credited to offset the $500,000 debt incurred in Stage 1
of the storm drainage pro3ect. This would reduce the
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Town of Newcastle
May 24, 1988
Page 3
debt load currently being carried by Courtice Heights.
We do not feel it is appropriate for the Town to arbitrarily
use excess storm drainage lands which Courtice Heights
Developments is paying for to subsidize the acquisition
and development of parkland in the Kiddicorp subdivision
without addressing the matter of compensation to Courtice
Heights .
Reimbursement of Over-sizing Costs
Recommendation 2 contemplates the approval of the set
of draft conditions shown in Attachment 1 of Report
PD-103-88. Proposed Condition 19 sets out Kiddicorp' s
obligations to reimburse Gatehouse Holdings for over-
sizing of the Gatehouse storm water detention pond
which accepts upstream post-development flows from
Kiddicorp lands . Although final engineering design has
not been done, it is anticipated that post-development
flows from Kiddicorp lands will also be directed to the
Courtice Heights storm water detention pond. This
statement is made from a review of a July 1981 map
prepared by Totten Sims Hubicki entitled "Town of
B owmanville Storm Sewer Construction - Project No. 5078
Courtice Heights Watershed and Sub-drainage Areas" .
This map shows a drainage shed for the Courtice Heights
pond which includes some Kiddicorp lands.
In view of this, we would respectfully request that
provisions be made in the conditions of draft approval
for Kiddicorp to reimburse Courtice Heights for
over-sizing as has been done for Gatehouse Holdings.
Yours/truly,
William D. Manson
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",•DN: 103-88 CP�
TOWN OF NEWCASTLE /
<�C REPORT File #
i r� Res_ #
By-Law #
MEETING: General Purpose and Administration Committee
DATE: Monday, May 16, 1988
REPORT #: PD-103-88 FILE #: 18T-87034 and DEV 87-42
SU&JECT: APPLICATION FOR SUBDIVISION APPROVAL - KIDDICORP INVESTMENTS
(FORMERLY AKAL CONSTRUCTION LIMITED)
PART LOTS 33 & 34, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON
FILE: 18T•-87034 and DEV 87-42
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
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1. THAT Report PD-103-88 be received; and
2. THAT the Region of Durham be advised that the Town of Newcastle recommends
approval of proposed draft plan of Subdivision 18T-87034 dated April 14,
1987 as revised in red, and attached hereto, subject to the conditions
contained in Attachment No. 1 hereto; and
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3. THAT the proposed Zoning By-law Amendment to the Town of Newcastle j
Comprehensive Zoning By-law, as amended, for removal of the "Holding"
symbol be deferred pending execution of a Subdivision Agreement; and
4. THAT the attached by-law authorizing execution of a Subdivision Agreement
between Kiddicorp Investments Limited and the Corporation of the Town of
Newcastle be approved; and
5. THAT the Mayor and Clerk be authorized to execute the Subdivision Agreement
between Kiddicorp Investments Limited and the Corporation of the Town of
Newcastle at such time as an Agreement has been finalized to the satisfaction
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of the Director of Public Works and Director of Planning; and
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REPORT NO. : PD-103 C-88 PAGE 2 /
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6. THAT Council approve the exchange of lands (1.282 ha of Town owned table
lands) for the overdedication of parkland provided by the applicant
through application 18T-87034, and that the appropriate Offers of
Purchase and Sale and subsequent registration be completed at the
applicant's expense; and
7. THAT the Mayor and Clerk be authorized to execute the Purchase and Sale
Agreement and subsequent registration between Kiddicorp Investments
Limited and the Corporation of the Town of Newcastle; and
8. THAT a copy of Report PD-103-88 be forwarded to the Region of Durham.
BACKGROUND AND COMMENTS:
On May 12, 1987, the Town of Newcastle Planning and Development Department was
advised by the Region of Durham of an application for approval of a Plan of
Subdivision submitted by Akal Construction Limited (now owned by Kiddicorp
Ltd.) . The subject application has been revised, and proposes the creation of
Two Hundred and Thirty-three (233) single family dwellings, Seventy (70) semi-
detached dwellings on 35 lots, a 3.15 ha (7.78 acre) park block and a .58 ha
(1.43 acre) contribution towards a future school block. This development is
proposed for a 29.76 ha (73.54 acre) parcel of land between Prestonvale Road
and Townline Road, and north of the proposed Bloor Street extension (see
attached plan) .
On May 12, 1987, the Town of Newcastle also received an application for an
amendment to the Town of Newcastle Comprehensive zoning By-law, as amended.
The proposed rezoning would allow the above-noted development by removing the
"Holding (H)" symbol on the "Holding - Urban Residential Type One ((H)R1)" zone
and rezoning the northwest corner from "Environmental Protection (EP)" zone to
"Urban Residential Type One (Rl)" zone.
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REPORT NO. : PD-103-88 PAGE 3
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A Public Meeting regarding the above-mentioned rezoning application was held
Monday, June 29, 1987. The report to the General Purpose and Administration
committee Meeting recommended referral back to Staff for further processing and
a subsequent report upon receipt of all outstanding comments. Residents at the
meeting spoke in opposition to the proposed development and as well, they
requested the developer to construct all roads on his lands and that none of
the streets be dead-ends. Staff note that letters objecting to the proposed
development were filed by all the residents fronting onto Prestonvale Road and
adjacent to the said application.
Staff note that on October 16, 1987, a revised plan was submitted by the
applicant. The revisions were dated September 19, 1987 and dealt with the
northwest corner of the proposal affected by the "Environmental Protection
(EP)" zone. The revision removed Lots 197 and 198 and re-aligned Lots 194 to
196.
On Monday, February 15, 1988, the General Purpose and Administration Committee
received Report PD-21-88, in which Staff recommended approval of the proposed
subdivision application. Council, the following Monday, upon reviewing said
report and hearing the various delegations in opposition to the application,
resolved to table the report until such time that the applicant could meet with
Planning Staff, the residents, and Council to rectify the concerns expressed,
regarding the proposed roads outside the applicant's land holdings.
A meeting was held Wednesday, March 16, 1988 and attended by a number of
residents, the applicant and his agent, two (2) representatives from Council,
and two members of Planning Staff. Seven (7) options were presented at the
meeting with regards to future road patterns (see attached) . After much
discussion, Option 'B' was looked upon as being the most preferred by the
majority of residents. This option allows for future redevelopment of the rear
yards of the larger lots fronting Prestonvale Road, without impacting as
significantly on the existing dwellings. Development on said proposed road is
not crucial to the success of this application, and dead end streets leading to
the residents' property are not formed. Staff further note development of said
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REPORT NO. : PD-103-88 PAGE 4
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proposed road and lots, can only take place if the affected resident is willing
to sever and sell the necessary lands.
Option 'B' as mentioned above, is the proposal now before Committee. The
subject subdivision is one of two (2) proposed by the applicant within the
Courtice Area. The other proposal is adjacent to the west of said proposal and
is File: 18T-87040.
Due to the relatively minor revisions to the proposal, Staff circulated the
revised Plan to the Town's Public Works Department only. Agency comments are
contained in the previous Report (PD-21-88) , which is attached for information
purposes. Some of the concerns identified during the first circulation, have
been addressed through the revision. However, for the most part, the comments
remain relevant.
Community Services Staff through their discussions with the developer have
reached an understanding with respect to the parkland dedication. Therefore,
subsequent to previous comments which had requested a Park Site Master Plan;
Grading and Sodding; Vegetative planting; water and sewer hook-ups; and fencing
and signage, Community Services Staff recommend that, in lieu of parkland
over dedication, the Town exchange ownership of 1.282 ha (3.16 acres) parcel of
table lands which abut this subdivision to the north. In addition to this
understanding, the developer also agrees to supply and install all playfield
components involved with two baseball diamonds, one soccer pitch and a
childrens playground at no cost to the municipality. Specifically:
Two (2) backstops with associated fencing;
One (1) set of soccer goal posts; and
a complete set of playground equipment.
All to be installed at such time when 25% of the total number of building
lots have been sold.
It was further noted that standard parkland requirements outlined in the
Subdivision Agreement remain applicable.
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REPORT NO. : PD-103-88 PAGE 5
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STAFF COMMENTS:
In reviewing the revised Plan, Staff note residents' concerns with regard to
proposed road extension appears to have been satisfied. The revisions allow
rear yard severance potential for all lots fronting on Prestonvale, without
negatively impacting on existing dwellings and lot sizes. The importance of a
proposed road is to utilize residential .lands in the most effective manner,
while maintaining good planning design and principles.
Staff note that should the abutting lands not be accommodated at this time,
the possibilities of land consolidation and a development proposed from
Prestonvale Road could be submitted. Planning Staff are satisfied that the
subject application (Scheme B) provides for the appropriate future development
of abutting lands and therefore support the proposed Plan.
Ministry of Natural Resources concerns regarding grading site drainage and soil
erosion were similar to issues expressed by the Central Lake Ontario
Conservation Authority. Both agencies have requested a site drainage and soil
erosion plan be submitted prior to grading and construction. The Town of
Newcastle Public Works Staff have also required a Site Servicing Report be
prepared to address the servicing needs of the development.
Central Lake Ontario Conservation Authority's comments noted that some of the
area of Lot 193 exhibits steep slopes and intrudes into the valley area and
cannot be supported for residential development. In response to Central Lake
Ontario Conservation Authority's concern regarding the "EP" zone and lots
proposed in or adjacent to it, Staff feel a further red-line revision to the
applicant's revision is necessary, eliminating Lot 193 and enlarging Block 283
for possible future development.
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REPORT NO. : PD-103-88 PAGE 6
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Planning Staff are in concurrence with Public Works' concern regarding traffic
generated from this development and its impact on Prestonvale Road and any
future reconstruction required as expressed in Staff's previous Report
PD-21-88. Staff agree this impact should be assessed and the developer be
responsible for the appropriate share of the road upgrading costs. This
concern is addressed in Condition No. 15 on Attachment No. 1 to this Report.
The proposed Plan has been reviewed for compliance to density, and it is found
to be at 16.5 units per net residential hectare. The Newcastle Official Plan
allows a maximum of 15.0 units per net residential hectare, for areas
designated low density residential. This most westerly neighbourhood within
the Courtice South Neighbourhood has a population accommodation projection of
3600. Official Plan policies allow a.variation of up to 10% if it is
considered warranted and will not adversely affect the intent of the Official
Plan. Staff have calculated the total population for the subject
neighbourhood, as being approximately 3000 (includes existing, proposed plans,
and potential development) . Given the above information and the fact that the
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proposal complies with the "Urban Residential Type One (Rl)" zone category,
Staff does not have difficulty with the proposed density.
As noted earlier the Park Block proposed for this application is 3.15 ha (7.78
acres) and is adjoining the proposed school block. This design is consistent
with Town Official Plan policies. Staff further note Section 50.5 of the
Planning Act allows a municipality to request a parkland dedication or a cash-
in-lieu of parkland contribution to a maximum of five percent (5%) of lands
included in the proposed draft plan. This policy is further re-inforced in the
Town's Official Plan.
The subject park block (3.15 ha) represents 10.580 of the lands in the proposed
subdivision. This results in an over dedication of 5.58% or 1.66 ha (4.10
acres) . Both Planning Staff and Community Services Staff are in favour of the
larger park area. This larger configuration better reflects the policies Of
the Newcastle Official Plan (Darlington Planning Area) , as Section
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REPORT NO.: PD-103-88 PAGE 7
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6.3.2(iii) (a) states: "Neighbourhood parks shall not normally be less than 3
hectares in size."
Due to the large over dedication (1.66 ha) of said park block, the applicant is
requesting the over-sized park block be utilized in calculating parkland
dedication requirements of the adjacent subdivision proposal (18T-87040) . This
application also requires a five percent (5%) parkland dedication which amounts
to 0.64 ha (1.58 acres) . Should this requirement be subtracted from the over
dedication proposed to be provided through application 18T-87034, there still
remains an over-sizing of 1.03 ha (2.55 acres) . Due to the fact that the
proposals are adjacent, Staff have no difficulty in allowing this request, as
the intent of the Neighbourhood Plan is not compromised. It is further noted
that Community Services Staff, in their comments on Plan 18T-87040, recommend
that cash-in-lieu of parkland dedication be waived, in lieu of the park
oversizing in application 18T-87034.
During discussions with the applicant it has been brought to Staff's attention,
that the Town owns land abutting the northern boundary of said proposal, 1.282
ha (3.16 acres) of which is developable table lands (see Attachment #4) . The
applicant has enquired as to the possibility of exchanging this 1.282 ha parcel
of land for the balance of the over-sized parkland provided in the subject plan
(1.027 ha) . Given the fact the lands are zoned the same, of a similar size and
in relative proximity to each other, they may be considered to be of comparable
value. j
As noted earlier, Staff of the Community Services Department have reached an
understanding with the developer in respect to the parkland dedication and the
recreational development thereof, and have recommended that in lieu of the
parkland oversizing, the Town exchange ownership of the said 1.282 ha parcel of
developable table lands.
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REPORT NO. : PD-103( ,, PAGE 8
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Given the above information, Staff recommend draft approval of the proposed
subdivision as red-lined revised; exchange of Town owned lands for the over
dedication and servicing of parkland; and deferral of the Zoning By-law
Amendment to remove the "Holding (H)" symbol. Staff note that, without the
necessary amendment to the Zoning By-law, implementation of the plan is
prevented.
Respectfully submitted, Recommended for presentation
to the Committee
/ --- ------- -----------------------------
L.D. Tay or Lawrence E. Kotseff
Deputy Director of Planning Chief Administrative Officer
CP*LTD*jip CC: Norman Hanaka
*Attach. 2528 Prestonvale Road
April 25, 1988 R.R. #2
BOWMANVILLE, Ontario
CC: Kiddicorp Investments L1C 3K3
1748 Baseline Road
Group 10, Box 7, R.R. #2 Wilfred & Erika Robra
BOWMANVILLE, Ont. L1C 3K3 2424 Prestonvale Road
R.R. #4
D.G. Biddle & Associates OSHAWA, Ontario L1H 7K6
96 King Street East
OSHAWA, Ontario L1H 1B6 Peter & Marie Heavysege
2362 Prestonvale Road
R.R. #4
Gil & Helen Roussy OSHAWA, Ontario
2370 Prestonvale Road
R.R. #4 Paul & Rita Ramlal
OSHAWA, Ontario L1H 7K6 2406 Prestonvale Road
R.R. #4
Mr. John Russel DeCoe OSHAWA, Ontario
2500 Prestonvale Road L1H 7K6
R.R. #2
BOWMANVILLE, Ontario L1C 3K3 Martha J. Penfound
R.R. #4
Mr. Dave Simon Prestonvale Road
2418 Prestonvale Road OSHAWA, Ontario
R.R. #4 L1H 7K6
OSHAWA, Ontario
L1H 7K6 Robert & Lynda Todd
2218 Prestonvale Road
Mr. William Hunter R.R. #2
2446 Prestonvale Road BOWMANVILLE, Ontario
R.R. #2 L1C 3K3
BOWMANVILLE, Ontario L1C 3K3
Gail and Gifford MacKenzie
Andrew Manahan 2394 Prestonvale Road
Ross Lloyd Enterprises Ltd. R.R. #4
5659 McAdam Road, Unit C1 OSHAWA, Ontario
MISSISSAUGA, Ontario L4Z 1N9 L1H 7K6
ATTACHMENT NO: 1 TO REPORT PD-103-88
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-87034
1. This approval shall apply to a draft Plan of Subdivision 18T-87034
prepared by D.G. Biddle and Associates Limited, dated April 14, 1987,
which is revised in red as per the attached plan showing 233 lots for
single family dwellings, 35 lots for semi-detached dwellings, a school
block, a park, Open Space Block and Blocks reserved for future
development.
2. The developer shall enter into a Subdivision Agreement with the Town of
Newcastle in respect of the subject plan which shall include, in addition
to the Town's Standard requirements, specific provisions with respect to
the following Conditions 3 to 27, all inclusive.
3. That all works are completed in accordance with the Town of Newcastle's
Design Criteria and Standard drawings.
4. That any easements required by the Town be granted free and clear of all
encumbrances.
5. That a Master Park/School Site Plan for Block 286 be prepared, at the
Developer's expense, to the satisfaction of the Director of Community
Services and the appropriate School Board. Furthermore, the developer
agrees to supply and install all playground components to the
satisfaction of the Director of Community Services. Said equipment shall
include: Two (2) Backstops with associated fencing; and One (1) set of
soccer goal posts; and a complete set of playground equipment.
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6. That Grading and sodding; fencing; vegetative planting; and water and
sewer installation to the park block be undertaken to the satisfaction of
the Director of Community Services and at the expense of the developer
with any oversizing to be reimbursed through the Town's standard
endeavour to collect agreement.
7. That a sign identifying the name of the park be erected at the
developer's expense in a location approved by the Director of Community
Services.
8. That the 0.3m reserves be dedicated to the Town as shown in red on the
draft plan.
9. That the utility distribution on the internal streets (Hydro, Bell, Cable
TV, etc.) be installed underground and that all secondary services for
the proposed lots be underground.
10. That the developer dedicate a 1.25 metre road widening across the
frontage of Prestonvale Road.
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11. That the developer shall be responsible for reconstructing the complete
intersection of Glenabbey Drive and Prestonvale Road to the satisfaction
of the Director of Public Works.
12. That the alignment of the intersection between Glenabbey Drive and
Prestonvale Road be revised to as close as possible to a 90 degree
intersection to the satisfaction of the Director of Public Works.
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Page 2 of ATTACHMENT NO. 1 TO REPORT PD-103-88
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-87034
13. That prior to final approval, the developer's .Engineer prepare a Site
Servicing Report to the satisfaction of the Director of Public Works that
address the servicing needs of this development (i.e. storm drainage,
preliminary road grades, etc.) .
14. That no Building Permits for Lots 27, 28, 29, 120 and 121 shall be
available until such time that temporary turning circles are eliminated
through extension of the urban road sections adjacent to same.
15. That the impact of the traffic onto Prestonvale Road generated from this
development is assessed to the satisfaction of the Director of Public
Works, and an appropriate share of the future reconstruction of
Prestonvale Road based on the above be contributed to the Town of
Newcastle.
16. That the development of these lands are phased in a manner acceptable to
the Town.
17. That sight triangles (4.5m x 4.5m) be provided at all intersecting
roads.
18. All of the other standards requirements re: Lot Grading, Schedules of
Work, Performances Guarantees, Cost Estimates, etc., shall be met by the
developer.
19. That, in accordance with the Town's Subdivision Agreement with Gatehouse
Holdings, the Town will endeavour to reimburse Gatehouse Holdings for the
oversizing of the Gatehouse Detention Pond which accepts all upstream
post development runoff. The drainage from Plan 18T-87034 lies upstream
from this facility and accordingly, their share of the costs of the
detention pond shall be reimbursed to Gatehouse Holdings. The actual
costs will be determined at a later date through negotiation of the
Subdivision Agreement.
20. That the developer meet all of the requirements of the Durham Regional
Public Works Department.
21. Prior to any grading or construction on the site, the Owner shall
prepare a site drainage and soil erosion control plan, which shall be
acceptable to the Ministry of Natural Resources, C.L.O.C.A. , and the Town
of Newcastle. This Plan will show all proposed surface drainage works
and will describe the proposed means to minimize soil erosion and the
direct discharge of stormwater into Farewell Creek, both during and after
construction.
22. The draft plan shall be amended as indicated in red on the attached copy,
effectively removing Lot 193 and adding part thereof to Block 283 for
future development.
. . .3
i
Page 3 of ATTACHMENT NO. 1 TO REPORT PD-103-88
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-87034
23. Block 291, as expanded in accordance with Condition 22 above, shall be
zoned to prohibit buildings or structures other than those required for
erosion control.
24. Prior to the commencement of site preparation, including the rough
grading of roads, the Owner shall obtain C.L.O.C.A. approval of a phased
grading and erosion control plan which indicates area grading and
provides for the on-site containment of sedimentation.
25. The Owner shall agree in the Subdivision Agreement to carry-out or cause
to be carried-out in accordance with C.L.O.C.A. approval:
a) grading, filling and sedimentation control; and
b) the storm run-off control plan for the site.
26. That no building permits be issued until access routes meet Subsection
3.2.5.2(6) of the Ontario Building Code and until watermains and hydrants
are fully serviced.
27. 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.
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DN: B/L
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 88-
being a By-law to authorize the entering into of an Agreement with Kiddicorp
Investments Limited and the Corporation of the Town of Newcastle.
The Council of the Corporation of the Town of Newcastle hereby enacts as
follows:
1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of
the Corporation of the Town of Newcastle, and seal with the Corporation's seal,
an Agreement between Kiddicorp Investments Limited and the said Corporation
dated the day of , 1988, in the form attached hereto as
Schedule "X" .
2. THAT the Mayor and Clerk are hereby authorized to accept, on behalf of
the Town, the said conveyances of lands required pursuant to the aforesaid
Agreement.
3. THAT Schedule "X" attached hereto forms part of this By-law.
BY-LAW read a first time this day of 1988
BY-LAW read a second time this day of 1988
BY-LAW read a third time and finally passed this day of
1988.
MAYOR
CLERK
DN: B/L
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 88-
being a By-law to authorize the entering into of an Agreement with Kiddicorp
Investments Limited and the Corporation of the Town of Newcastle.
The Council of the Corporation of the Town of Newcastle hereby enacts as
follows:
1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of
the Corporation of the Town of Newcastle, and seal with the Corporation's seal,
an Agreement between Kiddicorp Investments Limited and the said Corporation
dated the day of , 1988, in the form attached hereto as
Schedule "X" .
2. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of
the Town, an appropriate Agreement of Purchase and Sale for 1.282 ha parcel of
land and the subsequent registration documentation.
3. THAT Schedule "X" attached hereto forms part of this By-law.
BY-LAW read a first time this day of 1988
BY-LAW read a second time this day of 1988
BY-LAW read a third time and finally passed this day of
1988.
MAYOR
CLERK
DN: PD-106
TOWN OF NEWCASTLE
REPORT File #
Res_ #
�. Oy-Law #
MEETING: General Purpose and Administration Committee
DATE: Monday, May 16, 1988
REPORT PD-106-88 FILE #: 18T-87,040, OP 2.2.2(2) & DEV 87-41
SUBJECT: APPLICATION FOR SUBDIVISION APPROVAL, OFFICIAL PLAN AMENDMENT
AND REZONING APPLICATION - KIDDICORP INVESTMENTS LTD.
PART LOTS 34/35, CONC. 2, FORMER TWP. OF DARLINGTON
FILES: 18T-87040, OP 2.2.2(2) and DEV 87-41
-
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-106-88 be received; and
2. THAT the application for Official Plan Amendment - File: OP 2.2.2(2)
submitted by Kiddicorp Investments Ltd. to permit single family residential
dwellings in Part lot 35, Concession 2, Courtice, be approved; and
3. THAT the application for Rezoning - File: DEV 87-41 be approved in j
principle and the necessary by-law amendment forwarded to Council, and that
the removal of the "Holding (H)" symbol be deferred pending execution of a
Subdivision Agreement; and
4. THAT the Region of Durham be advised that the Town of Newcastle recommends
approval of the draft plan of Subdivision - File: 18T-87040 dated as
revised October 14, 1987 as revised in red, subject to the conditions
contained in Attachment No. 1, to this Report; and
5. THAT a copy of Report PD-106-88 be forwarded to the Region of Durham; and
6. THAT the attached by-law authorizing execution of a Subdivision Agreement
between Kiddicorp Investments Ltd. and the Corporation of the Town of
Newcastle be approved; and
. . .2
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REPORT NO.: PD-106-88 PAGE 2
--------------------------------------------------------------------
7. THAT the Mayor and Clerk be authorized to execute the Subdivision
Agreement between Kiddicorp Investments Limited and the Corporation of
the Town of Newcastle.
BACKGROUND:
On May 19, 1987, the Town of Newcastle Planning Department was advised by the
Region of Durham of an application for approval of a Plan of Subdivision
submitted by Kiddicorp Investments Limited. The subject application originally
proposed Seventy (70) single family dwelling lots, a multiple housing block
containing One Hundred and Twenty-six (126) units and a part of a School Block.
This development was proposed for the subject 12.71 ha (31.41 acre) parcel of
land between Prestonvale Road, Townline Road and north of Glenabbey Road. The
proposal has since been revised and the application before Committee and
Council has deleted the multi-housing in favour of thirty-four (34) single
family lots.
The Town's Planning Department also received an application for an amendment to
the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended. The
proposed rezoning would allow the above-noted development by removing the
"Holding (H)" symbol on the "Holding - Urban Residential Type One ((H)Rl)" zone
and rezoning part of the "Environmental Protection (EP)" zone to allow the
proposed residential development. The subject subdivision application is one
of two proposed by the applicant within this specific area of Courtice. The
other application is directly to the east of this proposal identified as File:
18T-87034.
A subsequent application was submitted by the applicant May 12, 1987 proposing
to amend the Town of Newcastle Official Plan (Courtice Major Urban Area Plan)
and the Courtice South Neighbourhood Development Plan. The proposed Official
Plan Amendment would amend both the Urban Area Plan and the Neighbourhood Plan
i
to permit residential development in the "Hazard Land" and "Minor Open Space"
designation adjoining the Farewell Creek.
i
. . .3
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PAW
REPORT NO. : PD-106-88 PAGE 3
----------------------------------------------------------------
A Public Meeting regarding the above-mentioned rezoning and Official Plan
Amendment was held on Monday, June 29, 1987. The report to the General Purpose
and Administration Committee meeting recommended referral back to Staff for
further processing and a subsequent report upon receipt of all outstanding
comments.
The area residents main concerns as expressed at that time to the proposed
Subdivision, was the multiple housing block proposed. Residents did not feel
this was appropriate and in keeping with the character of the area and believed
it would generate too much traffic.
The application has since been revised, as noted previously, deleting the
multiple housing block in order to integrate a crescent-shaped road, travelling
north from Pebblebeach Road, through the previously proposed multiple housing
block, linking to a road in the proposed subdivision to the east (18T-87034) .
i
The application now proposes a total of Seventy-two (72) single family lots and
Twenty-three (23) semi-detached or link lots.
COMMENTS:
Since the June 29, 1987 meeting and upon receipt of the revised plans, Staff
have further reviewed the three (3) applications. In accordance with
departmental procedures, the applications were circulated by both the Town and
the Region to obtain comments from other departments and agencies. The
following is a summary of comments received through the two (2) circulations.
The following agencies/departments, in providing comments, offered no
objections to the applications:
- Town of Newcastle Building Department
- Northumberland and Newcastle Board of Education
- Ontario Hydro
- Ministry of Agriculture and Food; and
- Ministry of the Environment
The following agencies provided some comments, or requested conditions be
imposed on the development of the proposed subdivision as conditions of
i
approval.
. . .4 I,
REPORT NO.: PD-106-88 PAGE 4
------------------------------------------------------------------------------
Newcastle Public Works Department
Public Works Staff have no objections to the proposed development provided
that the following issues or concerns are addressed, either through design
revisions or Subdivision Agreement:
- that the developer pay their share of the costs of the Gatehouse detention
pond;
- that a 6.Om strip of land, through Block 118 be provided to the Gatehouse
pond, to facilitate access to the pond for maintenance purposes; and
- that the standard conditions with regard to services apply.
Newcastle Community Services Department
Community Services Staff have no objection to the proposed application. They
advise that Block 117, 118, 119 and 120 are to be dedicated to the Town
gratuitously, as per Town Policy regarding acquisition of valley lands. Staff
further noted that cash-in-lieu of parkland dedication be waived, in lieu of
the park oversizing related to application 18T-87034, immediately to the east.
Newcastle Fire Department
Fire Department Staff noted a concern with said application, as the proposed
development will result in a population increase of approximately 360 persons.
The Fire Department noted a list of recommendations in relation to the
requirements of the Building and Fire Code that should be enforced at the time
of development, should the Plan proceed.
Peterborough-Victoria-Northumberland and
Newcastle Roman Catholic Separate School Board
Separate School Board Staff noted they have no objection to the proposal,
however, the Board has indicated an interest in the School site.
l
. . .5
REPORT NO. : PD-106-88 PAGE 5
----------------------------------------------------------------------
Central .Lake Ontario Conservation Authority
Authority Staff have no objection to the proposal, and note the site appears to
be generally suitable for development. They note that the development abuts
the Farewell Creek Valley, and that Block 119 contains valleyland. Authority
Staff recommend the Town acquire this Block. As conditions of approval, the
Conservation Authority have requested the following: Block 119 be zoned
"Environmental Protection (EP)"; the developer obtain Central Lake Ontario
Conservation Authority's approval of a phased grading and erosion control plan;
and the developer obtain Central Lake Ontario Conservation Authority's approval
of stormwater run-off control plan.
Ministry of Natural Resources
i
This Ministry had no objection to the proposed subdivision. They note,.-
however, they do have concerns due to the proximity of the Farewell Creek and
its associated valleylands. Approval of the proposed subdivision is subject to
the preparation of a Site Drainage and Soil Erosion Control Plan, which shall
be acceptable to this Ministry.
Region of Durham Public Works Department
Regional Works Staff have noted that this proposed development is located
outside the service area established by the Lot Levy Financing Study,
therefore, the developer will be responsible for providing the required
sanitary sewers and waterworks, including any plant facilities and oversizing,
abutting and external services as required by the Region.
i
Staff note that water is available from an existing 200mm watermain on
Pebblebeach Drive, as well as a 400mm diameter watermain on Glenabbey.
Sanitary Sewer service is available from an existing 375 - 450mm trunk sewer
located on Bruntsfield Street.
. . .6
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C
REPORT NO. : PD-106-88 PAGE 6
----------------------------------------------------------------------
Regional Works Department, therefore, have no objection to the application.
However, several conditions need to be fulfilled prior to receiving consent
from Public Works Staff.
STAFF COMMENTS:
In reviewing the above-noted comments, Staff note, although commenting agencies
provided no objection to the proposal, several of the comments identified
issues and conditions to be addressed prior to receiving clearance from said
department or agency. Staff also note that no letters of objection were
received from area residents with regard to this proposal.
Staff have no difficulty with requests made by the Town's Public Works
Department and note the proposed plan has provided for a 10.Om access to Block
118 which facilitates access to the Gatehouse pond.
Staff are in concurrence with Community Services' recommendation of waiving the
cash-in-lieu of parkland dedication, due to the park oversizing in the adjacent
application (18T-87034) , as well as the recommendation to not accept Block 117
as parkland dedication. Block 117 would not be acceptable for park purposes as
it is too constrictive in size and it would be difficult to monitor for
surveillance and safety.
With consideration to the Newcastle Official Plan Amendment (Courtice Urban
Major Plan) and the South Neighbourhood Plan Amendment, Staff note the lands
are presently designated "Hazard Lands" and "Minor Open Space" respectively.
The Durham Regional Official Plan designates the land "Environmental
Sensitive". Section 1.2.2 of the Durham Regional Official Plan notes that "the
extent and exact location of environmentally sensitive areas shall be
determined at the time of development application(s) .
. . .7
I
REPORT NO. : PD-106-88 PAGE 7
------------------------------------------------------------------------------
The Courtice Urban Area Plan under Section 6.4.3 states:
"Proposals for development of lands identified as Hazard Lands or
Environmentally Sensitive shall be considered by Council in consultation
with the Region of Durham, Central Lake Ontario Conservation Authority and
the Ministry of Natural Resources after taking into account: existing
environmental/physical characteristics; potential impact of the proposed
development; recommended methods of mitigating impacts; and potential
costs to the municipality."
Section 2.4.2 of the South Courtice Neighbourhood Plan states that lands which
were identified as "Environmentally Sensitive" in the Newcastle Official Plan
have not been specifically identified by this Neighbourhood Development Plan,
but are included within the areas designated as "Major Open Space". The
distinction between Major and Minor Open Space areas is that the former
generally comprises those lands within the fill and construction limits of the
Farewell and Black Creeks, as well as Environmentally Sensitive Areas or Hazard
Lands.
In accordance with Section 6.4.3 of the Courtice Urban Area Plan, both the
Conservation Authority Staff and Ministry of Natural Resources Staff have
reviewed the application and expressed no objection. Both have noted the
proximity of the development to the Farewell Creek and associated valleylands.
However, Staff from both agencies are willing to provide approval to the
application subject to the successful preparation of a Site Drainage and Soil
Erosion Plan, and a phased grading and stormwater run-off control plan.
I
The valleylands surrounding the proposed development will remain zoned
"Environmental Protection (EP)" and designated "Minor Open Space". This will
prohibit future development of these lands.
As previously noted through Regional Public Works comments, servicing to the
site is available for both water and sanitary sewer. However, the applicant is
required to detail all the specifics regarding the type of works that are
required, including the cost of extending and installing these works. The
Region agrees it is feasible to service these lands, however, details and
agreements with regards to servicing will be executed with the Region.
.. .8
REPORT NO. : PD-106-88 PAGE 8
-=-----------------------------------------------------------------------------
Given the above information, Staff would be in favour of granting approval to
the Official Plan Amendment Application (OP 2.2.2(2) ) . The reduction of the
Minor Open Space Area does not appear to adversely affect the valleylands, as
the development appears to border the fill and excavation limit as outlined by
Central Lake Ontario Conservation Authority. Consequently, approval of the
rezoning of the lands associated with the "Minor Open Space" from
"Environmental Protection (EP)" to "Holding-Urban Residential Type One ((H)R1)"
is also considered favourable.
Staff are recommending draft approval of the proposed Subdivision and deferral
of the Zoning By-law Amendment to lift the "Holding (H)" symbol, pending
execution of a Subdivision Agreement. Staff note that without the necessary
amendment to .the Zoning By-law, implementation of the Plan is prevented.
Respectfully submitted, Recommended for presentation
to the Committee
L.D. Tayl - Lawrence E. Kotseff
Deputy Director of Planning Chief Administrative Officer
CP*LDT*jip
*Attach.
April 25, 1988
CC: Kiddicorp Investments Ltd.
1748 Baseline Road
Group 10, Box 7, R.R. #2
BOWMANVILLE, Ont. L1C 3K3
CC: D.G. Biddle & Associates
96 King Street East
OSHAWA, Ontario
L1H 1B6
i
ATTACHMENT NO. 1
TO REPORT PD-106-88
AMENDMENT NO. 27 TO THE
NEWCASTLE OFFICIAL PLAN
(COURTICE MAJOR URBAN PLAN)
PURPOSE: The Purpose of this Amendment is to reduce the "Hazard Land"
designation south of Farewell Creek:-in Part of Lot 35, Concession 2,
former Township of Darlington.
BASIS: The application is based upon an application to develop a
"Residential Use" in Part of Lot 35, Concession 2, former Township
of Darlington.
ACTUAL AMENDMENT: The Newcastle Official Plan (Courtice Major Urban Area) is
hereby amended as follows:
i
1. By reducing the "Hazard Land Area" on- Schedule 6-1.
Schedule "X" attached hereto shall form part of this Amendment.
IMPLEMENTATION: The provisions set forth in the Newcastle Official Plan
(Courtice Urban Area) with respect to implementation, shall apply to
this Amendment.
INTERPRETATION: The provisions set forth in the Newcastle Official Plan
(Courtice Urban Area) , as amended, regarding the implementation of
the Plan shall apply in regard to this Amendment. j
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AMENDMENT NO. 27 TO THE OFFICIAL PLAN OF THE FORMER
PLANNING AREA OF THE TOWNSHIP OF DARLINGTON
NOW REFERRED TO AS THE OFFICIAL PLAN
OF THE TOWN OF NEWCASTLE
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ATTACHMENT N0. 2
TO REPORT PD-106-88
AMENDMENT NO. 3 TO THE COURTICE SOUTH
NEIGHBOURHOOD DEVELOPMENT PLAN
PURPOSE:- The Purpose of this Amendment is to reduce the "Minor Open Space"
designation south of Farewell Creek in Part of Lot 35, Concession 2,
former Township of Darlington.
BASIS: The application is based upon an application to develop a
"Residential Use" in Part of Lot 35, Concession 2, former Township
I
of Darlington.
ACTUAL AMENDMENT: The Courtice South Neighbourhood Development Plan is hereby
amended as follows:
i
1. By reducing the "Minor Open Space" Area on Schedule 1.
Schedule "X" attached hereto shall form part of this Amendment.
IMPLEMENTATION: The provisions set forth in the Courtice South Neighbourhood
Development Plan with respect to implementation, shall apply to this
Amendment.
INTERPRETATION: The provisions set forth in the Courtice South Neighbourhood i
Development Plan, as amended, regarding the implementation of
the Plan shall apply in regard to this Amendment. i
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CHANGE FROM MINOR OPEN �P
SPACE TO RESIDENTIAL
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Schedule "X" to Amendment +3 to the COURTICE SOUTH
NEIGHBOURHOOD DEVELOPMENT PLAN
ATTACHMENT NO. 3 TO REPORT PD-106-88
CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-87040
1. That this approval shall apply to a draft Plan of Subdivision 18T-87040
prepared by Donevan and Fleischman Company Limited, identified as their
File Number: Job #1-7144, dated revised October 14, 1987, which is
revised in red as per the attached plan showing Seventy-two (72) lots for
single family dwellings and Twenty-three (23) lots for semi-detached or
link lots.
2. That the Owner enter into a Subdivision Agreement with the Town of
Newcastle in respect of the subject plan which shall include, in addition
to the Town's Standard requirements, specific provisions with respect to
the following Conditions 3 to 21, all inclusive.
3. That all works are completed in accordance with the Town of Newcastle's
Design Criteria and Standard drawings.
4. That any easements required by the Town be granted free and clear of all
encumbrances.
5. That 0.3 Metre Reserves be dedicated to the Town as shown in red on the
revised draft plan.
i
6. That Building Permits not be issued for Lots 4, 29 and 30, until such time
as the development of the road has taken place on the adjacent Plan
(18T-87034) .
i
7. That the utility distribution on the internal streets (Hydro, Bell, Cable
TV, etc.) be installed underground and that all secondary services for the
proposed lots be underground.
8. All of the other standard requirements re: Lot Grading, Schedules of
Work, Performance Guarantees, Cost Estimates, etc., should be included in
the Subdivision Agreement.
9. That, in accordance with the Subdivision Agreement with Gatehouse
Holdings, the Town will endeavour to reimburse Gatehouse Holdings for the
oversizing of the Gatehouse Detention Pond which accepts all upstream post
development run-off. The drainage from Plan 18T-87040 lies upstream from
this facility and, accordingly, their snare of the costs of the Detention
Pond should be reimbursed to Gatehouse Holdings.
10. That a 6.0 Metre strip of land, through Block 118 to the Gatehouse Pond,
be cleared to facilitate access to the pond for the maintenance purposes
for vehicular equipment.
11. The walkway, from the crescent to Block 117, should be dimensioned 3.0
Metres.
12. That Blocks 117, 118, 119 and 120 be dedicated to the Town gratuitously.
. . .2
fig)
Page 2 of ATTACHMENT NO. 3 TO REPORT PD-106-88
CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-87040
13. That the cash-in-lieu of parkland dedication be waived, in lieu of the
park oversizing related to Application 18T-87034 (immediately to the
east) .
14. That prior to any grading or construction on the site, the applicant
shall prepare a Site Drainage and SoilErosion Control Plan acceptable to
the Ministry of Natural Resources.
15. That Block 119 be zoned "Environmental Protection (EP)" within the
Newcastle Comprehensive Zoning By-law 84-63, as amended.
16. That prior to the commencement of any site preparation, the Owner shall
obtain Central Lake Ontario Conservation Authority's approval of a phased
Grading and Erosion Control Plan.
17. That prior to final approval of the plan, the Owner shall obtain Central
Lake Ontario Conservation Authority's approval of a Storm Water Run-off
Control Plan for the Plan, in conformity with the Courtice Storm Water
Management Study.
18. That prior to final approval, the Owner shall obtain Central Lake Ontario
Conservation Authority's approval for plans specifying existing and
proposed grades, drainage, sedimentation control, vegetation and the
location of all buildings and structures relating to the crescent road
abutting the valleylands.
19. That the developer meet the requirements of the Region of Durham,
financial and otherwise.
20. That no building permits be issued until access routes meet Subsection
3.2.5.2(6) of the Ontario Building Code and until watermains and hydrants
are fully serviced.
21. 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.
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DN: 103-88 �R'y
TOWN OF NEWCASTLE
REPORT File 6o, 116.
Res. # j• -S
By-Law # -
MEETING: General Purpose and Administration Committee
DATE: Monday, May 16, 1988
REPORT #: pD-lo3-88 FILE #: 18T-87034 and DEV 87-42
SUBECT: APPLICATION FOR SUBDIVISION APPROVAL - KIDDICORP INVESTMENTS
(FORMERLY AKAL CONSTRUCTION LIMITED)
PART LOTS 33 & 34, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON
FILE: 18T-87034 and DEV 87-42
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-103-88 be received; and
2. THAT the Region of Durham be advised that the Town of Newcastle recommends
approval of proposed draft plan of Subdivision 18T-87034 dated April 14,
1987 as revised in red, and attached hereto, subject to the conditions
contained in Attachment No. 1 hereto; and
3. THAT the proposed Zoning By-law Amendment to the Town of Newcastle
Comprehensive Zoning By-law, as amended, for removal of the "Holding"
symbol be deferred pending execution of a Subdivision Agreement; and
4. THAT the attached by-law authorizing execution of a Subdivision Agreement
between Kiddicorp Investments Limited and the Corporation of the Town of
Newcastle be approved; and
5. . THAT the Mayor and Clerk be authorized to execute the Subdivision Agreement
between Kiddicorp Investments Limited and the Corporation of the Town of
Newcastle at such time as an Agreement has been finalized to the satisfaction
of the Director of Public Works and Director of Planning; and
. . .2
REPORT NO. : PD-103-88 PAGE 2
-------------------------------------------------------------------------------
6. THAT Council approve the exchange of lands (1.282 ha of Town owned table
lands) for the overdedication of parkland provided by the applicant
through application 18T-87034, and that the appropriate Offers of
Purchase and Sale and subsequent registration be completed at the
applicant's expense; and
7. THAT the Mayor and Clerk be authorized to execute the Purchase and Sale
Agreement and subsequent registration between Kiddicorp Investments
Limited and the Corporation of the Town of Newcastle; and
8. THAT a copy of Report PD-103-88 be forwarded to the Region of Durham.
BACKGROUND AND COMMENTS:
On May 12, 1987, the Town of Newcastle Planning and Development Department was
advised by the Region of Durham of an application for approval of a Plan of
Subdivision submitted by Akal Construction Limited (now owned by Kiddicorp
Ltd.) . The subject application has been revised, and proposes the creation of
Two Hundred and Thirty-three (233) single family dwellings, Seventy (70) semi-
detached dwellings on 35 lots, a 3.15 ha (7.78 acre) park block and a .58 ha
(1.43 acre) contribution towards a future school block. This development is
proposed for a 29.76 ha (73.54 acre) parcel of land between Prestonvale Road
and Townline Road, and north of the proposed Bloor Street extension (see
attached plan) .
On May 12, 1987, the Town of Newcastle also received an application for an
amendment to the Town of Newcastle Comprehensive Zoning By-law, as amended.
The proposed rezoning would allow the above-noted development by removing the
"Holding (H)" symbol on the "Holding - Urban Residential Type One ( (H)Rl)" zone
and rezoning the northwest corner from "Environmental Protection (EP)II zone to
"Urban Residential Type One (Rl)" zone.
3
REPORT NO. : PD-103-88 PAGE 3
--------------------------------------------------------------------------------
A Public Meeting regarding the above-mentioned rezoning application was held
Monday, June 29, 1987. The report to the General Purpose and Administration
Committee Meeting recommended referral back to Staff for further processing and
a subsequent report upon receipt of all outstanding comments. Residents at the
meeting spoke in opposition to the proposed development and as well, they
requested the developer to construct all roads on his lands and that none of
the streets be dead-ends. Staff note that letters objecting to the proposed
development were filed by all the residents fronting onto Prestonvale Road and
adjacent to the said application.
Staff note that on October 16, 1987, a revised plan was submitted by the
applicant. The revisions were dated September 19, 1987 and dealt with the
northwest corner of the proposal affected by the "Environmental Protection
(EP)II zone. The revision removed Lots 197 and 198 and re-aligned Lots 194 to
196.
On Monday, February 15, 1988, the General Purpose and Administration Committee
received Report PD-21-88, in which Staff recommended approval of the proposed
subdivision application. Council, the following Monday, upon reviewing said
report and hearing the various delegations in opposition to the application,
resolved to table the report until such time that the applicant could meet with
Planning Staff, the residents, and Council to rectify the concerns expressed,
regarding the proposed roads outside the applicant's land holdings.
A meeting was held Wednesday, March 16, 1988 and attended by a number of
residents, the applicant and his agent, two (2) representatives from Council,
and two members of Planning Staff. Seven (7) options were presented at the
meeting with regards to future road patterns (see attached) . After much
discussion, option IBI was looked upon as being the most preferred by the
majority of residents. This option allows for future redevelopment of the rear
yards of the larger lots fronting Prestonvale Road, without impacting as
significantly on the existing dwellings. Development on said proposed road is
not crucial to the success of this application, and dead end streets leading to
the residents' property are not formed. Staff further note development of said
4
REPORT N0. : PD-I03-88 PAGE 4
_______________________________________________________________________________
proposed road and lots, can only take place if the affected resident is willing
to sever and sell the necessary lands.
Option "Bv as mentioned above, is the proposal now before Committee. The
subject subdivision is one of two (3) proposed by the applicant within the
Courtioe Area. The other proposal is adjacent to the west of said proposal and
is File; I8T-87040.
Doe to the relatively minor revisions to the proposal, Staff circulated the
revised Plan to the Town's Public Works Department only. Agency comments are
contained in the previous Report (PD-31-88) , which is attached for information
'
purposes. Some o f the nouoe c ua identified during the first circulation, have
been addressed through the revision. However, for the most part' the comments
remain relevant.
Community Services Staff through their discussions with the developer have
reached an understanding with respect to the parkland dedication. Therefore,
subsequent to previous comments which had requested a Park Site Master Plan;
Grading and Sodding; Vegetative planting; water and sewer hook-ups; and fencing
and aiguage, Community Services Staff recommend that, in lieu of parkland
over dedication, the Town exchange ownership of 1.282 ha (3.16 acres) parcel of
table lands which abut this subdivision to the north. In addition to this
understanding, the developer also agrees to supply and install all glayfieId
components involved with two baseball diamonds, one onooec pitch and a
cbildreom playground at no cost to the municipality. Specifically:
Two (2) backstops with associated fencing;
one (l) amt of soccer goal posts; and
a complete set of playground equipment.
All to be installed at such time when 35% of the total number of building
lots have been sold.
It was further noted that standard parkland requirements outlined in the
Subdivision Agreement remain applicable.
REPORT NO. : PD-103-88 PAGE 5
-------------------------------------------------------------------------------
STAFF COMMENTS:
In reviewing the revised Plan, Staff note residents' concerns with regard to
proposed road extension appears to have been satisfied. The revisions allow
rear yard severance potential for all lots fronting on Prestonvale, without
negatively impacting on existing dwellings and lot sizes. The importance of a
proposed road is to utilize residential .lands in the most effective manner,
while maintaining good planning design and principles.
Staff note that should the abutting lands not be accommodated at this time,
the possibilities of land consolidation and a development proposed from
Prestonvale Road could be submitted. Planning Staff are satisfied that the
subject application (Scheme B) provides for the appropriate future development
of abutting lands and therefore support the proposed Plan.
Ministry of Natural Resources concerns regarding grading site drainage and soil
erosion were similar to issues expressed by the Central Lake Ontario
Conservation Authority. Both agencies have requested a site drainage and soil
erosion plan be submitted prior to grading and construction. The Town of
Newcastle Public Works Staff have also required a Site Servicing Report be
prepared to address the servicing needs of the development.
Central Lake Ontario Conservation Authority's comments noted that some of the
area of Lot 193 exhibits steep slopes and intrudes into the valley area and
cannot be supported for residential development. In response to Central Lake
Ontario Conservation Authority's concern regarding the 11EP11 zone and lots
proposed in or adjacent to it, Staff feel a further red-line revision to the
applicant's revision is necessary, eliminating Lot 193 and enlarging Block 283
for possible future development.
REPORT NO. : PD-103-88 PAGE 6
-------------------------------------------------------------------------------
Planning Staff are in concurrence with Public Works' concern regarding traffic
generated from this development and its impact on Prestonvale Road and any
future reconstruction required as expressed in Staff's previous Report
PD-21-88. Staff agree this impact should be assessed and the developer be
responsible for the appropriate share of the road upgrading costs. This
concern is addressed in Condition No. 15 on Attachment No. 1 to this Report.
The proposed Plan has been reviewed for compliance to density, and it is found
to be at 16.5 units per net residential hectare. The Newcastle Official Plan
allows a maximum of 15.0 units per net residential hectare, for areas
designated low density residential. This most westerly neighbourhood within
the Courtice South Neighbourhood has a population accommodation projection of
3600. Official Plan policies allow a variation of up to 10% if it is
considered warranted and will not adversely affect the intent of the Official
Plan. Staff have calculated the total population for the subject
neighbourhood, as being approximately 3000 (includes existing, proposed plans,
and potential development) . Given the above information and the fact that the
proposal complies with the "Urban Residential Type One (Rl)II zone category,
Staff does not have difficulty with the proposed density.
As noted earlier the Park Block proposed for this application is 3.15 ha (7.78
acres) and is adjoining the proposed school block. This design is consistent
with Town official Plan policies. Staff further note Section 50.5 of the
Planning Act allows a municipality to request a parkland dedication or a cash-
in-lieu of parkland contribution to a maximum of five percent (50) of lands
included in the proposed draft plan. This policy is further re-inforced in the
Town's official Plan.
The subject park block (3.15 ha) represents 10.580 of the lands in the proposed
subdivision. This results in an over dedication of 5.58% or 1.66 ha (4.10
acres) . Both Planning Staff and Community Services Staff are in favour of the
larger park area. This larger configuration better reflects the policies of
the Newcastle Official Plan (Darlington Planning Area) , as Section
7
REPORT N0. : PD-I03-88 PAGE 7
--------------------------------------------------------
6.3.3(iii) (a) states: "Neighbourhood parks shall not omzmmllv be less than 3
hectares in size."
Due to the large over dedication (1.66 ha) of said pack block, the applicant is
requesting the over-sized park block be utilized in calculating parkland
dedication requirements of the adjacent subdivision proposal (18T-87040) . This
application also requires a five percent (5%) parkland dedication which amounts
to 0.64 ha (1.58 acres) . Should this requirement be subtracted from the over
dedication proposed to be provided through application 18T-87034' there still
remains an over-sizing of 1.03 ha (3.55 acres) . Due to the tact that the
proposals are adjacent, Staff have no difficulty in allowing this request, as
/
the intent of the Neighbourhood Plan is not compromised. It is further noted
that Community Services Staff, in their comments on Plan 18T-87040' recommend
that cash-in-lieu of parkland dedication be waived, in lieu of the park
mvecoimiug in application 18T-87034.
During diocoaaloua with the applicant it has been brought to Staff's attention,
that the Town owns land abutting the northern boundary of said proposal, 1.282
ha (3.16 acres) of which is developable table lands (see Attachment #4) . The
applicant has enquired as to the possibility of exchanging this 1.282 ha parcel
of land for the balance of the over-sized parkland provided in the subject plan
(1.027 ha) . Given the fact the lands are zoned the same, of a similar size and
/
in relative proximity to each wtbez' they may be considered to be of comparable
Value.
As noted earlier, Staff of the Community Services Department have reached an
understanding with the developer in respect to the parkland dedication and the
recreational development thereof, and have recommended that in lieu of the
parkland ovezalziug, the Town exchange ownership of the said 1.282 ha parcel of
developable table lands.
REPORT NO. : PD-103-88 PAGE 8
-------------------------------------------------------------------------------
Given the above information, Staff recommend draft approval of the proposed
subdivision as red-lined revised; exchange of Town owned lands for the over
dedication and servicing of parkland; and deferral of the Zoning By-law
Amendment to remove the "Holding (H)II symbol. Staff note that, without the
necessary amendment to the Zoning By-law, implementation of the plan is
prevented.
Respectfully submitted, Recommended for presentation
to t be omfnittee
---- ------- --- ------------------
L( D. Ta or �)alwrenc Kotseff
I
Deputy Director of Planning Chief Wnistrative Officer
CP*LTD*jip CC: Norman Hanaka
*Attach. 2528 Prestonvale Road
April 25, 1988 R.R. #2
BOWMANVILLE, Ontario
CC: Kiddicorp Investments LlC 3K3
1748 Baseline Road
Group 10, Box 7, R.R. #2 Wilfred & Erika Robra
BOWMANVILLE, Ont. LlC 3K3 2424 Prestonvale Road
R.R. #4
D.G. Biddle & Associates OSHAWA, Ontario LlH 7K6
96 King Street East
OSHAWA, Ontario LlH 1B6 Peter & Marie Heavysege
2362 Prestonvale Road
R.R. #4
Gil & Helen Roussy OSHAWA, Ontario
2370 Prestonvale Road
R.R. #4 Paul & Rita Ramlal
OSHAWA, Ontario LlH 7K6 2406 Prestonvale Road
R.R. #4
Mr. John Russel DeCoe OSHAWA, Ontario
2500 Prestonvale Road LlH 7K6
R.R. #2
BOWMANVILLE, Ontario LlC 3K3 Martha J. Penfound
R.R. #4
Mr. Dave Simon Prestonvale Road
2418 Prestonvale Road OSHAWA, Ontario
R.R. #4 LlH 7K6
OSHAWA, Ontario
LlH 7K6 Robert & Lynda Todd
2218 Prestonvale Road
Mr. William Hunter R.R. #2
2446 Prestonvale Road BOWMANVILLE, Ontario
R.R. #2 LlC 3K3
BOWMANVILLE, Ontario LlC 3K3
Gail and Gifford MacKenzie
Andrew Manahan 2394 Prestonvale Road
Ross Lloyd Enterprises Ltd. R.R. #4
5659 McAdam Road, Unit Cl OSHAWA, Ontario
MISSISSAUGA, Ontario L4Z 1N9 LlH 7K6
ATTACHMENT NO. 1 TO REPORT PD-103-88
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-87034
1. This approval shall apply to a draft Plan of Subdivision 18T-87034
prepared by D.G. Biddle and Associates Limited, dated April 14, 1987,
which is revised in red as per the attached plan showing 233 lots for
single family dwellings, 35 lots for semi-detached dwellings, a school
block, a park, Open Space Block and Blocks reserved for future
development.
2. The developer shall enter into a Subdivision Agreement with the Town of
Newcastle in respect of the subject plan which shall include, in addition
to the Town's Standard requirements, specific provisions with respect to
the following Conditions 3 to 27, all inclusive.
3. That all works are completed in accordance with the Town of Newcastle's
Design Criteria and Standard drawings.
4. That any easements required by the Town be granted free and clear of all
encumbrances.
5. That a Master Park/School Site Plan for Block 286 be prepared, at the
Developer's expense, to the satisfaction of the Director of Community
Services and the appropriate School Board. Furthermore, the developer
agrees to supply and install all playground components to the
satisfaction of the Director of Community Services. Said equipment shall
include: Two (2) Backstops with associated fencing; and One (1) set of
soccer goal posts; and a complete set of playground equipment.
6. That Grading and sodding; fencing; vegetative planting; and water and
sewer installation to the park block be undertaken to the satisfaction of
the Director of Community Services and at the expense of the developer
with any oversizing to be reimbursed through the Town's standard
endeavour to collect agreement.
7. That a sign identifying the name of the park be erected at the
developer's expense in a location approved by the Director of Community
Services.
8. That the 0.3m reserves be dedicated to the Town as shown in red on the
draft plan.
9. That the utility distribution on the internal streets (Hydro, Bell, Cable
TV, etc.) be installed underground and that all secondary services for
the proposed lots be underground. j
10. That the developer dedicate a 1.25 metre road widening across the
frontage of Prestonvale Road.
11. That the developer shall be responsible for reconstructing the complete
intersection of Glenabbey Drive and Prestonvale Road to the satisfaction
of the Director of Public Works.
12. That the alignment of the intersection between Glenabbey Drive and
Prestonvale Road be revised to as close as possible to a 90 degree
intersection to the satisfaction of the Director of Public Works.
. . .2
Page 2 of ATTACHMENT NO. 1 TO REPORT PD-103-88
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-87034
13. That prior to .final approval, the developer's Engineer prepare a Site
Servicing Report to the satisfaction of the Director of Public Works that
address the servicing needs of this development (i.e. storm drainage,
preliminary road grades, etc.) .
14. That no Building Permits for Lots 27, 28, 29, 120 and 121 shall be
available until such time that temporary turning circles are eliminated
through extension of the urban road sections adjacent to same.
15. That the impact of the traffic onto Prestonvale Road generated from this
development is assessed to the satisfaction of the Director of Public
Works, and an appropriate share of the future reconstruction of
Prestonvale Road based on the above be contributed to the Town of
Newcastle.
16. That the development of these lands are phased in a manner acceptable to
the Town.
17. That sight triangles (4.5m x 4.5m) be provided at all intersecting
roads.
18. All of the other standards requirements re: Lot Grading, Schedules of
Work, Performances Guarantees, Cost Estimates, etc., shall be met by the
developer.
19. That, in accordance with the Town's Subdivision Agreement with Gatehouse
Holdings, the Town will endeavour to reimburse Gatehouse Holdings for the
oversizing of the Gatehouse Detention Pond which accepts all upstream
post development runoff. The drainage from Plan 18T-87034 lies upstream
from this facility and accordingly, their share of the costs of the
detention pond shall be reimbursed to Gatehouse Holdings. The actual
costs will be determined at a later date through negotiation of the
Subdivision Agreement.
20. That the developer meet all of the requirements of the Durham Regional
Public Works Department.
21. Prior to any grading or construction on the site, the owner shall
prepare a site drainage and soil erosion control plan, which shall be
acceptable to the Ministry of Natural Resources, C.L.O.C.A. , and the Town
of Newcastle. This Plan will show all proposed surface drainage works
and will describe the proposed means to minimize soil erosion and the
direct discharge of stormwater into Farewell Creek, both during and after
construction.
22. The draft plan shall be amended as indicated in red on the attached copy,
effectively removing Lot 193 and adding part thereof to Block 283 for
future development.
. . .3
Page 3 of ATTACHMENT NO. 1 TO REPORT PD-103-88
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-87034
23. Block 291, as expanded in accordance with Condition 22 above, shall be
zoned to prohibit buildings or structures other than those required for
erosion control.
24. Prior to the commencement of site preparation, including the rough
grading of roads, the Owner shall obtain C.L.O.C.A. approval of a phased
grading and erosion control plan which indicates area grading and
provides for the on-site containment of sedimentation.
25. The Owner shall agree in the Subdivision Agreement to carry-out or cause
to be carried-out in accordance with C.L.O.C.A. approval:
a) grading, filling and sedimentation control; and
b) the storm run-off control plan for the site.
26. That no building permits be issued until access routes meet Subsection
3.2.5.2(6) of the Ontario Building Code and until watermains and hydrants
are fully serviced.
27. 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.
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DN: 21-88 ,r
OWN OF NEWCASTLE
REPORT File #
a Res_ #
ATTACHMENT + 5 By-Law #
MMl%: General Purpose and Administration Committee
DATE: Monday, February 15, 1988
REPORT #: PD-21-88 FILE #: 18T-87034
SMECT: APPLICATION FOR SUBDIVISION APPROVAL - AKAL CONSTRUCTION LTD.
PART LOTS 33 & 34, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON
FILE: 18T-87034
R_E_C_OXw_►�iE1;DATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-21-88 be received; and
2. THAT the Region of Durham be advised that the Town of Newcastle recommends
approval of proposed draft plan of Subdivision 18T-87034 dated April 14,
1987 as revised in red, and attached hereto, subject to the conditions
contained in Attachment No. 1 hereto; and
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Comprehensive Zoning By-law, as amended, be deferred pending execution
of a Subdivision Agreement; and
4. THAT a copy of Report PD-21-88 be forwarded to the Region of Durham.
BACKGROUND:
On May 12, 1987, the Town of Newcastle was advised by the Region of Durham of an
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application for approval of a Plan of Subdivision submitted by Akal Construction
Ltd. The subject application proposes the creation of two hundred and eighty-five
(285) single family dwellings, one (1) 3.5 ha park parcel and 0.5 ha contribution
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REPORT NO. : PD-21-88 PAGE 2
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towards a future school. This development is proposed for a 29.76 ha parcel of
land between Prestonvale Road and Townline Road and north of the proposed Bloor
Street extension (see attached plan) .
On May 12, 1987, the Town of Newcastle also received an application for an
amendment to the Town of Newcastle Comprehensive Zoning By-law, as amended.
The proposed rezoning would be to allow the above-noted development, by .
removing the "Holding (H)" symbol on the "Holding - Urban Residential Type One_
( (H)R1)" zone and rezoning the northwest corner from "Environmental Protection
(EP)" zone to "Urban Residential Type One (Rl)" zone.
The subject subdivision is only one of three (3) proposed by the applicant
within the Courtice Area. The other two (2) subdivision applications are
c_rectiy to the SO t tt U Sala Uiod)gal
applications, however, also require an Official Plan Amendment to extend the
Courtice Urban boundaries to enable the proposed development to take place. A
fourth subdivision application (under a different ownership) 18T-87040,
immediately to the west of the subject site, is also being processed by
Planning Staff.
A Public Meeting regarding the above-mentioned rezoning was held Monday, June
29, 1987. The report to the General Purpose and Administration Committee
subsequent report upon receipt of all outstanding comments. Aesiaencs au the
meeting spoke in opposition to the proposed development and as well, they
requested the developer to construct all roads on his lands and that none of
the streets be dead-ends. Staff note that letters objecting to the proposed
development were filed by all the residents adjacent to said application and
fronting on Prestonvale Road.
Staff note that on October 16, 1987, a revised plan was submitted by the
applicant. The revisions were dated September 19, 1987 and dealt with the
northwest corner of the proposal affected by the "Environmental Protection
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(EP)" zone. The revision removed Lots 197 and 198 and re-aligned 194 to 196.
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REPORT NO. : PD-21-88 PAGE 3
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These changes can be incorporated through red-line revision.
COMMENT:
Since June 29, 1987 meeting, Staff have further reviewed both applications. In
accordance with departmental procedures, the applications have been circulated
to obtain comments from other departments and agencies. Staff would note the
following agencies/departments, in providing comments, offered no objections to
the applications as submitted:
- Newcastle Building Department
- Ontario Hydro
- Ministry of Agriculture and Food
- Ministry of the Environment
- *T)rthuMberland and Newcastle Board of Education
The following agencies provided some comments or conditions to the development
of the proposed subdivision.
Newcastle Fire Department
"Although the department had no objection to the application, they expressed
serious concerns regarding the ability of this "part-time" Fire Department to
maintain emergency services considering all of the development which is taking
place throughout the municipality. This development will represent an increase
population of 855 people."
Newcastle Commiunity Services Department
' Plan of subidivison provided the following concerns or conditions :sere
addressed:
- increase access to proposed park via walkways;
- provision of a Park Site Master Plan, incorporating two softball diamonds
and two soccer fields, hook-ups for water and sewer mains, an
identification sign and fencing, and grading, sodding and vegetative
planting."
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REPORT NO. : PD-21-d' PAGE 4
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Town of Newcastle Public Works Department
"Public Works Staff have no objections to the proposed development provided
that the following issues or concerns are addressed either through design
revisions or Subdivision Agreement:
- that the developer provide easements, road widenings and land dedications as
required;
- that the developer be responsible for necessary road reconstructions and
alignments including, a traffic impact study for Prestonvale Road and
contribution towards future upgrading;
- that the necessary sight triangles and additional walkways be incorporated
into the proposed plan;
- that a site servicing report be prepared and that a groundwater monitoring
program be carried out for a minimum of one year; and
- that the developer reimburse Gatehouse Holdings for oversizing of the
detention. pond."
Central Lake Ontario Conservation Authority
"Conservation Authority have reviewed this proposal and had no objections to
the proposed development as they considered the majority of the site suitable
for development. However, concerns were expressed regarding areas abutting or
within Lots 194 to 199. Authority Staff also wanted the following issues to be
addressed prior to approval:
- removal of Lots 197 & 198 and Part of Lots 199, 194 and 196 for development
purposes;
- an approved Phased Grading and Erosion Control Plan indicating on-site
containment of sedimentation."
Ministry of Natural Resources
"Ministry Staff have no objection to the principle of development on this site,
however, concerns were expressed regarding the proposals proximity to Farewell
Creek, and possibility of sedimentation from development activities.
Therefore, Staff recommend that prior to any grading or construction, a site
drainage and soil erosion control plan, acceptable to the Ministry, be
developed and the owner agree to implement said plan."
Peterborough-Victoria-Northumberland and
Newcastle Roman Catholic Separate School Board
"School Board Staff have no objection to the development of this proposed plan
of subdivision. Planning Staff note that through verbal conversations between
School Board officials and the Town's Planning Director, interest has been
expressed in acquiring the school site proposed in the above-noted applications
in conjunction with Subdivision Application 18T-87040."
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REPORT NO. : PD-21-88 PAGE 5
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Regional Public Works Department
"Regional Works Staff have no objection to the development of this proposed
plan of subdivision provided the usual works conditions regarding financing and
servicing addressed. Staff noted concerns regarding the timing of development
and will require that development of Lots 1-133, 136-154 and 238-285 be
withheld until a commitment has been made by way of subdivision agreement on
Plan 18T-87040 to extend the Darlington Boulevard Trunk Sewer."
STAFF COMMENT:
In reviewing the above-noted comments, Staff note, although commenting agencies
provided no objection to the proposal, several of the comments identified
issues and conditions to be addressed prior to receiving clearance from said
department or agency. Staff also note that residents of the area did object
to the proposal at a Public Meeting and by Letters of Objection to the Planning
Department of the Town and the Region.
Residents objecting to the proposed subdivision, appear to be primarily
concerned with the location of the extension of Renwick Road. All of the
objecting residents live adjacent to the subject site and have frontages on
Prestonvale Road. The above-noted road extension is not contained within the
proposed Plan of Subdivision but rather, is illustrated as a possible method of
continuing this road and best utilizing land, without disrupting existing
development. The residents object to having a future road bisect their rear
yards and would like to see it totally contained within the proposed
In !I)e7 V on
sever future lots from their present holdings as is presently shown, without
the responsibility of constructing a road. In fact, this could not occur since
severances must share in any road construction costs and must also accord with
the principles of good planning.
In reviewing this objection, Staff do not believe that relocating the proposed
Renwick Road extension to the applicants' site would be a practical
alternative or good planning. This approach would result in the under
utilization of land that is designated for residential development and
therefore, be less economical in terms of services to be provided. Regarding
residents comments on the use of "dead-end" streets, Staff note that it is
virtually impossible to develop multiple parcels of land, with various land
owners, while maintaining a continuous road pattern, without the use of
temporary "dead-end" streets. The subject plan is a good example of this
REPORT NO. : PD-21-88 PAGE 6
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technique, as ten (10) temporary "dead-end" streets have been proposed in order
to maintain the possibility of a continuous transportation network for future
subdivision developments. Planning Staff are satisfied that the proposed
street pattern provides for the future development of abutting lands and
therefore support same without modification.
Comments received from the Town of Newcastle Community Services identified
issues which can be resolved through red-line revisions and Subdivision
Agreement. Ministry of Natural Resources's concern regarding site drainage
and soil erosion were similar to issues expressed by the Central Lake Ontario
Conservation Authority. Both agencies have requested a site drainage and soil
erosion plan be submitted prior to grading and construction. Town of Newcastle
Public Works Staff have also required a site servicing report be prepared to
address the servicing needs of the di'_velopiL,eiic as well as t h,,�
required to initiate a groundwater monitoring program one (1) year prior to the
start of any construction.
In response to Central Lake Ontario Conservation Authority's concern regarding
the "EP" zone and lots proposed in or adjacent to it, Staff feel a further
red-line revision to the applicant's revision is necessary, eliminating Lots
197 to 199 and re-aligning Lots 194 to 196 to have frontage on the proposed
east/west road.
Regional Public Works Staff comments regarding servicing of the subject lands
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brings to mind questions of timing and phasing for the proposed development.
Although, the necessary sewage pumping station is available to the northern
part of the proposed plan via the Whitecliffe Subdivision (18T-84029) , an
easement over the future Huntington Drive between the two plans 18T-84029 and
18T-87034 (the subject plan) would have to be acquired. Servicing to the
southern portion of the subject plan is conditional upon extension of the
Darlington Boulevard trunk sewer presently terminating at Glenabbey Road. An
extension of this trunk however, depends on approval of the proposed plan of
subdivision adjacent to the west (18T-87040) . Municipal water supply is
available to the proposed lands.
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REPORT NO. : PD-21-88 PAGE 7
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Planning Staff are in concurrence with Public Works' concern regarding traffic
generated from this development and its impact on Prestonvale Road and any
future reconstruction required. Staff agree this impact should be assessed and
the developer be responsible for the appropriate share of the road upgrading
costs. The Council is aware of the comments of the Fire Chief and have
referred Report FD-30-87 in respect of Courtice fire protection, presented to
the General Purpose and Administration Committee Meeting of December 21, 1987,
to the 88 Budget discussions. We note that the recommendations contained
therein deal with the situation relative to existing conditions. At the
General Purpose and Administration Meeting of January 18, 1988 the Committee
further resolved to have a Joint Report prepared by Planning and Fire
Department Staff in order to further address this issue.
In view of the actions by Council in respect of fire protection services and in
vfL1G1Gl il i. .:J�.�j11Gt 1G,.� ..-....-
Plan of Subdivision 18T-87034 can proceed to draft approval.
Staff are recommending draft approval of the proposed Subdivision and deferral
of the Zoning By-law Amendment pending execution of a Subdivision Agreement.
Staff note that without the necessary amendment to the Zoning By-law,
implementation of the plan is prevented.
Respectfully submitted, Recommended for presentation
to the Committee
T.T. Edwards, M.C.I.P. Lawrence E. Kotseff
Director of Planning Chief Administrative Officer
TTE*LK*jip
*Attach.
February 10, 1988
CC: Mr. Mark McCann CC: Wilfred & Erika Robra
c/o Akal International Ltd. 2424 Prestonvale Road
330 Bay St. , Ste. 1202 R.R. #4
TORONTO, Ontario M5H 2S8 OSHAWA, Ontario L1H 7K6
D.G. Biddle & Associates Peter & Marie Heavysege
96 King Street East 2362 Prestonvale Road
OSHAWA, Ontario L1H 1B6 R.R. #4
OSHAWA, Ontario
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REPORT NO. : PD-21-88 PAGE 8 /
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CC: Gil & Helen Roussy Paul & Rita Ramlal
2370 Prestonvale Road 2406 Prestonvale Road
R.R. #4 R.R. #4
OSHAWA, Ontario L1H 7K6 OSHAWA, Ontario
L1H 7K6
Mr. John Russel DeCoe
2500 Prestonvale Road Martha J. Penfound
R.R. #2 R.R. #4
BOWMANVILLE, Ontario L1C 3K3 Prestonvale Road
OSHAWA, Ontario
Mr. Dave Simon L1H 7K6
2418 Prestonvale Road
R.R. #4 Robert & Lynda Todd
OSHAWA, Ontario 2218 Prestonvale Road
L1H 7K6 R.R. -#2
BOWMANVILLE, Ontario
Mr. William Hunter -L1C 3K3
2446 Prestonvale Road
R.R. #2
BOWMANVILLE, Ontario L1C 3K3
Gail and Gitford I•iacKenzie
2394 Prestonvale Road
R.R. #4
OSHAWA, Ontario
L1H 7K6
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Jill, I
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ATTACHMENT NO. 1 TO REPORT PD-21-88
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-87034
1. This approval shall apply to a draft Plan of Subdivision 18T-87034
prepared by Donevan and Fleischmann Company Limited, Ontario Land
Surveyors identified as their file number 1-7221 dated April 24, 1987,
which is revised in red as per the attached plan showing a maximum of 285
lots for single family dwellings, a school block, a park, and Open Space
Block and Blocks reserved for future development.
2. The developer shall enter into a Subdivision Agreement with the Town of
Newcastle in respect of the subject plan which shall include, in addition
to the Town's Standard requirements, specific provisions with respect to
the following Conditions 3 to 36, all inclusive.
3. That all works are completed in accordance with the Town of Newcastle's
Design Criteria and Standard drawings.
4. That any easements required by the Town be granted free and clear of all
encumbrances.
5. That a Master Park/School Site Plan for Block 308 be prepared, at the
Developer's expense, to the satisfaction of the Director of Community
Services and the appropriate School Board.
6. That Grading and sodding; fencing; vegetative planting; and water and
sewer installation to the park block be undertaken to the satisfaction of
the Director of Community Services and at the expense of the developer
with any oversizing to be reimbursed through the Town's standard
endeavour to collect agreement.
7. That a sign identifying the name of the park be erected at the
developer's expense in a location approved by the Director of Community
Services.
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v. znaL the 0.;i1 reserves be lledicateu uo the 'lv+.il as s"nov;l1 iii re6 oil tile;
draft plan.
9. That the utility distribution on the internal streets (Hydro, Bell, Cable
TV, etc.) be installed underground and that all secondary services for
the proposed lots be underground.
10. That the developer dedicate a 1.25 metre road widening across the
frontage of Prestonvale Road.
11. That the developer shall be responsible for reconstructing the complete
intersection of Glenabbey Drive and Prestonvale Road to the satisfaction
of the Director of Public Works.
12. That the alignment of the intersection between Glenabbey Drive and
Prestonvale Road be revised to as close as possible to a 90 degree
intersection.
13. That 3.0 metre walkways to the park block 308 be located between Lots 91
and 92 and Block 295 and 296.
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Page 2 of ATTACHMENT NO. 1 TO REPORT PD-21-88
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-87034
14. That a 3.0 metre walkway be constructed between Lots 182 and 183 and 145
and 146 as revised in red.
15. That the necessary adjustments be made to the proposed lot frontages, in
order to maintain 15 metres frontage while incorporating the above-noted
walkways.
16. That prior to final approval, the developer's Engineer prepare a Site
Servicing Report to the satisfaction of the Director of Public Works that
address the servicing needs of this development (i.e. storm drainage,
preliminary road grades, etc.) .
17. That no Building Permits for Lots 27, 28, 29, 71, 121, 224, and 225 shall
be available until such time that temporary turning circles are
eliminated through extension of the urban road sections adjacent to same.
l?. That the ` _act of the traffic onto Prestonvale P—d aoneratea f-om this
development is assessed to the satisfaction of the Director of Public
Works, and an appropriate share of the future reconstruction of
Prestonvale Road based on the above be contributed to the Town of
Newcastle.
19. That the development of these lands are phased in a manner acceptable to
the Town.
20. That the developers initiate a groundwater monitoring program recommended
by a Hydrogeologist (ie. piezometer) and approved by the Director of
Public Works which commences a minimum of one (1) year prior to the start
of any construction.
Ti-lat sight triangles (4.5r, x 4.1m) be provided at all- intersecting
roads.
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22. That the developer meet all the requirements of the Public Works
Department, financial and otherwise.
23. All of the other standards requirements re: Lot Grading, Schedules of
Work, Performances Guarantees, Cost Estimates, etc., shall be met by the
developer.
24. That, in accordance with the Town's Subdivision Agreement with Gatehouse
Holdings, the Town will endeavour to reimburse Gatehouse Holdings for the
oversizing of the Gatehouse Detention Pond which accepts all upstream
post development runoff. The drainage from Plan 18T-87034 lies upstream
from this facility and accordingly, their share of the costs of the
detention pond shall be reimbursed to Gatehouse Holdings. The actual
costs will be determined at a later date through negotiation of the
Subdivision Agreement.
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25. That the developer meet all of the requirements of the Durham Regional
Public Works Department.
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Page 3 of ATTACHMENT NO. 1 TO REPORT PD-21-88
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-87034
26. Prior to any grading or construction on the site, the Owner shall
prepare a site drainage and soil erosion control plan, which shall be
acceptable to the Ministry of Natural Resources, C.L.O.C.A. , and the Town
of Newcastle. This Plan will show all proposed surface drainage works
and will describe the proposed means to minimize soil erosion and the
direct discharge of stormwater into Farewell Creek, both during and after
construction.
27. The draft plan shall be amended as indicated in red on the attached copy,
effectively adding the rear third of Lot 194, the northwest half of. Lot
196, all of Lots 197 and 198 and the southwest half of Lot 199 to Block
309 (open space) .
28. Block 309, expanded in accordance with Condition 1 above, shall be zoned
to prghibit buildings or structures other than those required for erosion
control.
29. Prior to the commencement of site preparation, including the rough
grading of roads, the Owner shall obtain C.L.O.C.A. approval of a phased
grading and erosion control plan which indicates area grading and
provides for the on-site containment of sedimentation.
30. The Owner shall agree in the Subdivision Agreement to carry-out or cause
to be carried-out in accordance with C.L.O.C.A. approval:
a) grading, filling and sedimentation control; and
b) the storm run-off control plan for the site.
31. That Lots 194, 195 and 196 be redesigned as revised in red.
32. That no building permits be issued until access routes meet Subsection
3.2.5.2(6) of the Ontario Building Code and until watermains and hydrants
are fully serviced.
33. 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.
34. That a 20 metre right-of-way be established in the vicinity of Lot 131 as
revised in red and the necessary adjustments made to lots affected by
same.
35. That prior to the Town passing any implementing amendment to Zoning
By-law 84-63, as amended, the Town will be satisfied that an adequate
level of Fire Protection Services will be available to the lands.
36. That Block 308 (3.15 ha) be dedicated to the Town for park purposes and
that the developer be credited an over-dedication of 1.65 ha based upon a
5% dedication of 1.5 ha. Such over-dedication to be reimbursed through
an appropriate endeavour to collect agreement.
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DN: B/L
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 88-
being a By-law to authorize the entering into of an Agreement with Kiddicorp
Investments Limited and the Corporation of the Town of Newcastle.
The Council of the Corporation of the Town of Newcastle hereby enacts as
follows:
1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of
the Corporation of the Town of Newcastle, and seal with the Corporation's seal,
an Agreement between Kiddicorp Investments Limited and the said Corporation
dated the day of , 1988, in the form attached hereto as
Schedule "X".
2. THAT the Mayor and Clerk are hereby authorized to accept, on behalf of
the Town, the said conveyances of lands required pursuant to the aforesaid
Agreement,
3. THAT Schedule "X" attached hereto forms part of this By-law.
BY-LAW read a first time this day of 1988
BY-LAW read a second time this day of 1988
BY-LAW read a third time and finally passed this day of
1988.
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MAYOR
CLERK
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DN: B/L
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 88-
being a By-law to authorize the entering into of an Agreement with Kiddicorp
Investments Limited and the Corporation of the Town of Newcastle.
The Council of the Corporation of the Town of Newcastle hereby enacts as
follows:
1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of
the Corporation of the Town of Newcastle, and seal with the Corporation's seal,
an Agreement between Kiddicorp Investments Limited and the said Corporation
dated the day of , 1988, in the form attached hereto as
Schedule "X".
2. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of
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the Town, an appropriate Agreement of Purchase and Sale for 1.282 ha parcel of
land and the subsequent registration documentation.
3. THAT Schedule "X" attached hereto forms part of this By-law.
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BY-LAW read a first time this day of 1988
BY-LAW read a second time this day of 1988
BY-LAW read a third time and finally passed this day of
1988.
MAYOR
CLERK