HomeMy WebLinkAboutPD-106-88 DN: PD-106
TOWN OF NEWCAST E �)
REPORT File
Res. #
By-Law # c
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MEETING: General Purpose and Administration Committee
DATE: Monday, May 16, 1988
REPORT #: pD-lob-88 FILE #: 18T-87040, OP 2.2.2(2) & DEV 87-41
SURJECT: 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
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
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W\
BQP08T N8. : PD-100-88 PAGE 3
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7. THAT the Mayor and Clark be authorized to execute the Subdivision
Agreement between Kiddicozp Investments Limited and the Corporation of
the 9oxvo 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 Diddioocp Investments Limited. The subject application originally
proposed Seventy (70) single family dwelling lots, a multiple housing block
/
containing one 8oudcad and Twenty-six (126) units and a part of a School Block.
This development was proposed for the subject 13.71 ha (]l.Al acre) parcel of
laud between gceatonvale Road, TomoIiue Road and north of GIaoabbey 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
fomiIl, lots.
The Town's Planning Department also received an application for an amendment to
the Town of Newcastle Comprehensive %moiug By-law 84-63, as amended. The
proposed rezoning would allow the above-noted development by removing the
"Holding (B)« symbol on the "Holding - Urban Residential Type one ( (8)RI)" moue
/
and rezoning pact of the "Environmental Protection (EP)11 zone to allow the
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proposed residential development. The subject subdivision application is one
of two proposed by the applicant within this specific area of Courtioe. The
other application is directly to the east of this proposal identified as File:
I8T-87O34.
A subsequent application was submitted by the applicant May 12, 1987 proposing
to amend the Town of Newcastle Official Plan (Couctioe Major Urban Area Plan)
and the Courtioe South Neighbourhood Development Plan. The proposed official
Plan Amendment would amend both the Urban Area Plan and the Neighbourhood Plan
to permit residential development in the "Hazard Land" and "Minor Open Space"
designation adjoining the Farewell Creek.
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REPORT 00. : 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 couoecua 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 bnoeiog block in order to integrate a crescent-shaped road, travelling
north from Pebblebemcb I8)ud, through the previously proposed multiple housing
bIonbv linking to a road in the proposed subdivision to the east (18T-87034) .
The application now proposes a total of Seventy-two (73) single family Iuta and
Twenty-three (23) semi-detached or link lots.
COMMENTS:
Since the June 29, 1987 meeting and upon receipt of the revised pIaoov Staff
have further reviewed the three (3) applications. In enowcdauca with
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departmental procedures, the applications were oicooIat*d by both the Town and
the Region to obtain oonmmoto 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
approval.
REPORT 00. : PD-106-88 P&QO 4
_______________________________________________________________________________
Newcastle Public Works tneaot
Public Works Staff have no objections to the proposed development provided
that the following issues or owooeroa are addressed, either through design
revisions or Subdivision Agreement:
- that the developer Day their share of the costs of the Gatehouse detention
pond;
- that a 6.Om strip of laud, through Block llR be provided to the Gatehouse
pond' to facilitate onoeoa to the pond for maintenance purposes; and
- that the standard conditions with regard to services apply.
'
Newcastle i Services Department
Community Services Staff have no objection to the proposed application. They
advise that Block 117r 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 Dark ovecsiziug related to application 18T-87034, immediately to the east.
Newcastle Fire Department
Fire Department Staff noted a oVuooco 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
cegoicemauto of the Building and Fire Code that abooId be enforced at the time
of development, should the Plan proceed.
Peterborough-Victoria-Northumberland and
Newcastle Roman Catholic Separate School Bo d
Separate School Board Staff noted they have no objection to the proposal,
however, the Board has indicated an interest in the 8nbmol site.
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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 [caeb Valley, and that Block 119 contains vaIIeylaod. 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)x; 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 ntocmwater run-off control plan.
/
Ministry f Natural Resources
This Ministry had no objection to the proposed subdivision. They note,
however, they do have couoocou due to the proximity of the Farewell Creek and
its associated vaIIeyIaodo. 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 f Durham Public Works tmeot
Regional Works Staff have noted that this proposed development is located
/
outside the service area established by the Lot Levy Financing Study,
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therefore, the developer will be responsible for providing the required
sanitary oewaca and waterworks, including any plant facilities and ovezaiziugv
abutting and external services as required by the Region.
Staff note that water is available from an existing 200mm watecmaio on
Pebblebemob Drive, as well as a 400mm diameter wmtermalu on QIenabbey.
Sanitary Sewer service is available from an existing 375 - 450mm trunk sewer
located on Bcootafield Street.
REPORT 00. : PD-I06-88 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 I0.0m access to Block
118 which facilitates access to the Gatehouse pond.
Staff are in cV000zzeuce with Community Services' recommendation of waiving the
cash-in-lieu of parkland dedication, due to the park overaiziog in the adjacent
application (18T-87034) , as well as the recommendation to not accept Block I17
as parkland dedication. Block I17 would not be acceptable for Bark 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 Iaudan and "Minor Open Sgooe" respectively.
The Durham Regional official Plan designates the land «EoviznumeutmI
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) .
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REPORT NO. : PD-106-88 PAGE 7
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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.
The valleylands surrounding the proposed development will remain zoned
"Environmental Protection (EP)11 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.
REPORT NU. : PD-106-88 PAGE 8
_______________________________________________________________________________
Given the above information, Staff would be in favour of granting approval to
the official Plan Amendment Application (0P 2.2.3(3) ) . The reduction of the
Minor Open Space Area does not appear to adversely affect the valIeyIaudn, an
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 (E9)11 to "Holding-Urban Residential Type One ( (8)Rl)1'
is also considered favourable.
Staff are recommending draft approval of the proposed Subdivision and deferral
of the zoning By-low Amendment to lift the "Holding (B)" symbol, pending
/
execution of a Subdivision Agreement. Staff note that without the necessary
amendment to the Zoning By-lawv implementation of the Plan is prevented.
Respectfully submitted, Recommended for presentation
to b Committee
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L.D. TayI�� Lawrence toeff
Deputy Director of Planning Chief Ad iu otcative officer
CP*LDT* 'ip
*Attach.
April 25' 1988
'
CC: Kiddioocg Investments Ltd.
1748 Baseline Road
Group lO, Box 7, R.R. #3
80W0&0VILL8, Ont. LIC 3K3
CC: D.Q. Biddle & Associates
96 King Street East
O88&WA, Ontario
Ll8 1136
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:
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.
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.... ..................... .............. ........... ........... .....
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AMENDMENT N0. 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
ATTACHMENT NO. 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
of Darlington.
ACTUAL AMENDMENT: The Courtice South Neighbourhood Development Plan is hereby
amended as follows:
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
Development Plan, as amended, regarding the implementation of
the Plan shall apply in regard to this Amendment.
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CHANGE FROM MINOR •OPEN
SPACE TO RESIDENTIAL
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�--C LOT 35 F-C LOT 34
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.
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) .
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 share 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
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 Soil Erosion 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.
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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.
1
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DN: EP/HR1
J
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 88-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law of
the Corporation of the Town of Newcastle.
WHEREAS the Council of the Corporation of the Town of Newcastle deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Town
of Newcastle.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Town of Newcastle enacts as follows:
1. Schedule 114" to By-law 84-63, as amended, is hereby further amended
by changing the zone designation from "Environmental Protection (EP)" to
"Holding - Urban Residential Type One ((H)R1)" Zone as shown on the
attached Schedule "X" hereto.
2. Schedule "X" attached hereto shall form part of this By-law.
3. This By-law shall come into effect on the date of passing hereof,
subject to the provisions of Section 34 of the Planning Act.
�I
I
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
I
CLERK
I
I
i
i
This is Schedule X to By-law 88 --1
passed this day of , 19 8.8 A.D.
LOT 35 )-- f---C LOT 34
EXISTING ` EP' s'
ZONING — *'i �'• ' a �`q ��
Z
EXISTING`(H)RI` of �d •` e O
ZONING— � lk
a
ZONING CHANGE FROM IEP` TO' (H) RI �
Mayor Clerk
6
LOT 35 LOT 34 LOT 33
R1 WRI I
H)RI
(H)RI
EP SUBJECT
SITE N
N s o )
z o 0: Z
00 (H)R1
x
(n z C2•I LQ N
W z RI J
(11 0
z
U ° z
N
03 A a O
U I II � II
(H)R1
i
ao�o
REGIONAL ROAD 22
0 60100 200 300m
COURTICE 60m '`
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.
t'
The Council of the Corporation of the Town of Newcastle hereby enacts as t`
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
i