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HomeMy WebLinkAboutPD-140-88 DN: 140-88 TOWN OF NEWCASTLE REPORT File # Res. #GPA - 432 By-Law NE UING: General Purpose and Administration Committee DATE: Monday, June 20, 1988 REPORT #: PD-140-88 FILE_ #: 18T-87033 and DEV 87-45 SUBJECT: APPLICATION FOR PLAN OF SUBDIVISION APPROVAL - 18T-87033 REZONING APPLICATION - FILE: DEV 87-45 SCHICKEDANZ BROS. LIMITED PART LOT 10, CONCESSION 2, FORMER TOWN OF BOWMANVILLE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-140-88 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-87033 dated revised March 16, 1988 as revised in red, and attached hereto, subject to the conditions contained in Attachment 1 hereto; and 3. THAT the application for Rezoning File - DEV 87-45 be approved in 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 attached by-law authorizing execution of a Subdivision Agreement between Schickedanz Bros. Limited and the Corporation of the Town of Newcastle be approved and that the Mayor and Clerk be authorized to execute the Subdivision Agreement between Schickedanz Bros. 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 5. THAT a copy of Report PD-140-88 be forwarded to the Region of Durham. . . .2 BDP0BT N0. : PD-I40-88 PAGE 2 _______________________________________________________________________________ l. BACKGROUND 1.1 On May 5, 1987, the Town of Newcastle Planning and Development Department received an application for amendment to the Town of Newcastle Comprehensive zoning By-law 84-63' as amended. The proposed rezoning would permit the development of a residential DIau of subdivision, by rezoning from "Agricultural (A)" to residential to allow a mix of forty-six (46) single family lots and One Hundred and Ninety-one (19I) semi-detached/link lots. The application was submitted by Marshall, Macklin 6 Mouogbau, agents for the 8cbickedaoz Bros. Ltd., and applied to rezone a 25.93 ha (64.07 acre) parcel of land in Part Lot IO, Concession 3, BovmauvilIe (north of Concession Street and east of Liberty Street) . 1.2 Subsequently, on May 12, 1987, the Town of Newcastle Planning Department was informed by Regional Planning Staff of an application for proposed Plan of Subdivision. This application further outlined the proposed residential development as having a pocb block 1.27 ha (3.14 acres) in addition to the proposed 438 dwellings. 1.3 In order to expedite the process, Staff undertook a joint circulation of the proposals in accordance with departmental procedures. gucooaut to Council resolution of July 26' 1982 and the requirements of the Planning Act, the appropriate oiguage acknowledging the application was installed on the subject lands. 2. OFFICIAL PIJ\0 CONFORMITY Both the Durham Regional official Plan and the Town of Newcastle official Plan (Bovmauville Major Urban Area) designate the subject property "Residential". The Town's official Plan toctbec outlines the ' requirement of a Neighbourhood Pack, a Junior Public Elementary School, ! and a Medium Density Residential area within the area of this Plan. . . .3 BBP0IT 0D. ; PD-I40-88 PAGE 3 _______________________________________________________________________________ 3.1 The applicant's proposal does not provide a school site or medium density block. However, an application (18T-98024) immediately east of Bradshaw and north of Concession Street has recently been received by the Town proposing m medium density block. Staff also notes there is ample land available od 'ooeut to the subject proposal, obooId the school site be required in this vicinity in the future. 3.2 Staff note the revised Plan proposes a range of housing types providing a mix of various sized singles and semi-detached/link lots and has an overall density of 23.58 units per net hectare. This is well within the 30 units per net residential hectare permitted in the low density designation. 3. PUBLIC MEETING 3.1 & Public Meeting for the Rezoning Application was held on Monday, July 20" I987. At this meeting Staff presented a report recommending the application be referred back to Staff for further processing. & number of residents attended the meeting voicing their oouoecuo regarding the impact this development will have on the existing residents of the area. A petition signed by residents of Libertl, Street and Concession Street, in the vicinity of the proposed subdivision, was presented to the Committee. The major couoecua identified included: small lot sizes; crowding of houses, lack of parkland alottmeut; de-valuing of property; traffic congestion on Concession Street; and drainage for the proposed subdivision. 3.2 Council resolved to recommend that the application be referred back for further processing and that Staff convene a meeting between representatives of area residents and 8obiokedauz Bros. Ltd. in order to discuss and address couoecua raised at the Public Meeting. REPORT NO. : PD-140-88 PAGE 4 ------------------------------------------------------------------------------- 4. RESIDENTS MEETING 4.1 Wednesday, September 16, 1987 was scheduled for the "Residents Meeting" . In attendance were five (5) members of the Liberty-Concession Neighbourhood Plan Committee, Mr. B. Schickedanz and his agent Mr. John Kennedy and two (2) Planning Staff members. At the meeting four (4) key issues were identified by the residents: 1. Housing Density - too high and not diversified enough; 2. Transportation Patterns - highlighting that all traffic exits are to Concession Street; no access to present school and services 3. Community Services - in particular, no provision for sewers to adjacent property owners; location of park; lack of school site; and 4. Compatability and Transitional Development - to feature single family dwellings on large lots. 4.2 As a result of this Residents Meeting and further meetings with Town Staff, the applicant submitted a revised plan on February 11, 1988 which attempted to address some of the above concerns in the following manner: 1. Housing Density - the Plan now proposes a better mix of single family lots on 12, 13.5, 14 and 15 metre lots for a total of 94 single family dwellings. The semi-detached or link lots were reduced to 152 for a proposed total of 308 dwellings on a minimum 18.8 metre lot. 2. Transportation Patterns - no road access to Liberty Street was permitted due to Official Plan policies and sight lines. Walkways were added to increase access. 3. Community Services - the park area was increased to 2.41 ha (5.95 acres) which now includes a .44 ha (.35 acre) tot lot at the south end of the proposed plan. 4. Compatability and Transitional Development - increase lot sizes to 13.5m from 12m where abutting existing dwellings. 4.3 A second meeting was scheduled for February 18, 1988. In attendance were three (3) members of the Residents Group, the applicant and his agent and two (2) members of Planning Staff. 5 ~_ REPORT 00. : PD-140-88 P&Q8 5 _______________________________________________________________________________ 4.4 As a result of the proposed changes and meeting with the Residents Group, resident representatives mat with area residents to dionOaa the alterations to the Plan. The couoecuo which remained outstanding were reported to Staff as follows: minimum 15.0 m frontages for lots backing onto Liberty Street residents; 25% more singles added to areas of semi/link Iota; minimum semi/link lot frontage increased to 22 metres; and would like a fVOc (4) foot high cbaioliuk fence constructed between existing residential and proposed development. 4.5 Since the second residents' meeting, the applicant has made minor adjustments to the proposed plan in order to comply with Town Design Criteria. This, in turn, has created small adjustments to lot layout. 4.6 The applicant has submitted o Functional Engineering Report and a Noise Feasibility Study in support of Applications DEV 87-45 and I8T-87033. Both these Reports have been reviewed by Town Staff and their findings are analysed at o later point within this Report. 5. COMMENTS FROM CIRCULATED AGENCIES 5.1 The following agencies and departments had noted no objection to the proposal: - Newcastle Building Department - Newcastle Hydro Electric Commission - Newcastle Fire Department - Northumberland 6 Newcastle Public 8obooI Board - Ministry of Agriculture and Food - Ontario Hydro. | | The following is a summary of comments or 0000ecua commenting agencies/ departments provided in response to these applications. | . . .6 REPORT NO. : PD-140-88 PAGE 6 ------------------------------------------------------------------------------•-- 5.2 Newcastle Public Works Department 5.2.1 Works Staff comments on the subject proposal addressed drainage requirements both on and off the site. Works Staff noted a recently received Master Drainage Plan and Report for the West Branch of Soper Creek, which Plan 18T-87033 forms a part of the watershed, addresses the impact of further development on this watershed, and the works necessary to control erosion and/or flooding downstream. The Report makes several recommendations pertaining to creek crossing and channelization of the existing creek. 5.2.2 Works Staff are in agreement in principle, with the recommendations pertaining to management of the West Branch of Soper Creek and note specifics can be finalized prior to construction. Staff have also noted a long list of conditions to be incorporated in the draft approval of the Plan. 5.3 Newcastle Community Services Department 5.3.1 Community Services Staff have no objection to the revised Plan with an oversized park (Block 248 and a tot lot - Block 247) . The developer further agrees to utilize any portion of the Open Space (Block 249) as may be required to accommodate two (2) baseball diamonds and an undersized soccer pitch. The developer agrees to provide all play structures, backstops and goal posts as may be required to accommodate the complete development of the neighbourhood park and the tot lot at no cost to the municipality. Specifics regarding grading, vegetations, fencing and signage, etc., are to be dealt with under the terms of the subdivision agreement. 5.4 Peterborough-Victoria-Northumberland and Newcastle Roman Catholic Separate School Board School Board Staff noted they have no interest in a school site in this subdivision and therefore, have no objection. . . .7 /K //// ' REPORT 00. : PD-140-88 PAGE 7 _______________________________________________________________________________ 5.5 Ministry of the Environment 5.5.1 In their initial review of the applications, Ministry Staff noted they had identified a serious noise concern, doe to the proposal's proximity to the Canadian Pacific Railiue. J\ noise feasibility was recommended prior to draft approval. As noted earlier, said Report was prepared by the applicant's consultant. 5.5.2 Planning Staff received verbal comments from Ministry Staff, stating that they were agreeable with the findings of the Report and the recommendations proposed regarding noise barriers and controls. 5^6 Regional Public Works Department 5.6.1 Regional Public Works Department Staff had no objections to the proposed development subject to the standard conditions of the Region. 5.5.2 In response to questions arising from the Residents Meetings, Regional Public Works Staff have provided the following comments. A proposal for a local street to intersect with Liberty Street via the Elliott Avenue right-of-way is unacceptable. This is not in keeping with the Durham Regional official Plan policies and the spacing between the proposed � aooeoo and the Liberty/Concession Street intersection, is Ieoa than the desired arterial to collector spacing. 5.6.3 In response to resident's concerns, Regional Works Department Staff also provided comments regarding sewer 000ueotimo to existing dwellings on | Concession Street. It was noted that in oou 'ouotiou with the servicing of the proposed plan (18T-87033) r the sanitary sewer will be capable of providing service to the existing residences abutting Concession Street. At the time of construction, connections will be installed (within the road allowance) to each existing property, as well as the proposed lots. This action will avoid future disruption in the area. � /' ( />' �= REPORT N0. : PD-140-88 PAGE 8 _______________________________________________________________________________ 5.6 Regional Public k ( "d 5.6.4 Residents immediately omat of Liberty Street should submit request for sanitary sewers to the Commissioner of Works. The costs involved include: frontage and connection charges. Frontage charges are based on the frontage of the property involved and calculated at a rate per metre (foot) of frontage. The rates are revised annually to reflect current construction charges. The 1988 rate is: Lump Sum Payment - ¢I41.01/metce ($42.98/foot) of frontage or � Annual Payment - ¢19.88/metcc (¢6.06/foot) of frontage per year for a 15 year period. | 5.6.5 Connection charges is required as payment for the portion of sewer connection located between the sewer main and the property line. This rate is based on the average cost for installation of sewer connections within the Region. Again, this is reviewed annually to reflect current rates. The 1988 connection charge is $2'155. and is payable in ooab at the time the application is made for permission to connect to the sewer system. 5^7 Canadian Pacific Railway Railway Staff were also concerned about the proposed development's i proximity to their right-of-way and therefore expressed objection to the development. They noted that residential development adjacent to their right-of-way is not compatible with Railway operations. The health, | safety and welfare of residents could be adversely affected by railway activities. However, they noted that abnuId the application be approved, CP Bail requests a list of conditions be imposed on the ' development. . . .9 � / REPORT NO. : PD-140-88 PAGE 9 ------------------------------------------------------------------------------- 5.8 Central Lake Ontario Conservation Authority Planning Staff have yet to receive comments from Conservation Authority Staff on the subject proposals. Staff note that a copy of the Proctor and Redfern Report (Master Drainage Plan for the West Branch of Soper Creek) was forwarded to the Conservation Authority. As mentioned previously, this Report clearly addresses the impact of further development on this watershed and the works necessary to control erosion and/or flooding downstream. The Town's Works Department is satisfied with the findings of this Report and doesn't expect the principle recommendations to change. Planning Staff therefore will recommend draft approval without submission of Central Lake Ontario Conservation Authority's comments. 5.9 Ministry of Natural Resources Ministry Staff have reviewed the application and while they have noted no objection in principle to the proposed development, they have concerns regarding a tributary of the Soper Creek, located in Block 249 of the plan which are being addressed through conditions of approval. 6. STAFF COMMENTS 6.1 In reviewing the revised plan and the above-noted comments, Staff note residents concerns with regards to the proposal have been partially satisfied. The residents still prefer to see more singles, larger semi-detached/link lots and larger singles abutting the existing dwellings of Liberty Street and Concession Street (15.0 metres minimum) . Staff notes that although these demands are possible to meet, the developer has provided a greater mix of singles than originally proposed (96 up from 46) ; has increased the size of a semi/link lot to 18.3 i minimum; has reduced the overall density of the Plan (392 dwellings from 424 dwellings) ; and has increased the size of singles abutting Liberty I Street and Concession Street to 13.5 and 14 metres minimums. In . . .10 I I ~_ REPORT 0O. : PD-I40-88 PAGE 10 _______________________________________________________________________________ summary, Staff is satisfied that a balanced mix of residential dwelling types is provided in the subdivision plan. Staff further notes the developer has accomodated the possibilities of future development of adjacent lands satisfactorily. 6.2 Proximity to the Canadian Pacific Rail Line is a concern that was expressed by residents as well as Ministry of Environment and Canadian Pacific Rail. The Noise Feasibility Study has indicated that measures can be taken to bring noise levels outdoors and indoors to within acceptable levels for the Ministry's guidelines. Other actions that will be required to ensure greater safety, is the erection of a 1.8 metre (6 foot) chain link tmuoe along the toIl extent of the common property line. 6.3 Mann Street will provide o omcom] cnmd onceoa to the proposed subdivision. However, it should be noted that the existing road allowance is only 12.0 metres (39.37 feet) , in width with existing dwellings located close to the road allowance on both sides. Notwithstanding this oaccmv width, Staff from Planning and Public Works � have reviewed this situation at length and believe it is possible to provide a standard road pavement (8.5 metres/27.88 feet) within the existing road oIIovaooe. 6.4 Block 249 of the proposed plan is abovau as Open Space, this will be rezoned to Environmental Protection, as part of the overall rezoning of | these lands. The two (2) park blocks 247 and 248 will be required to be fully developed by the applicant at no cost to the Town as agreed through negotiations with Community Services Staff. Planning Staff note there is only one (l) proposed 000eao to the Neighbourhood Park, and � feel this is out sufficient given the activity potential created by two (3) baseball diamonds and a soccer pitch. In order to provide greater � � acceoaability' Staff have red-lined the Plan, deleting Iota I and 2 and | adding them to Block 348 (park) . To provide better accessibility to the park, a walkway connecting to the Elliot Avenue road allowance is also / red-lined. � | . . .lI | | � �-_- REPORT 00^ : PD-I40-88 PAGE ll _______________________________________________________________________________ 7 RECOMMENDATIONS 7.1 Given the above information, Staff recommend draft approval of the proposed subdivision as red-line revised; and approval of the rezoning to aIIm* the residential development. Staff however, recommend o Holding (8) symbol be placed on the rezoning until such time a Subdivision Agreement has been executed. Respectfully submitted, Recommended for presentation to the Committee - -------------------------- c�---�---- -------------- Franklin Wu Lawrence aeff Director of Planning 6 Development Chief u ative officer C2*FW* 'D ~^ *Attach. � June 7, 1988 � � � cc Bob 8obinkedauz � Sobinkedauz Brothers Limited 331I Bayview Avenue Suite 105 V9illowdaIe, Ontario y03D lQ4 cc Mr. John Kennedy Marshall Macklin & Monaghan 275 Duncan Mills Road Don Mills, Ontario y838 2Yl -fv7i�) -f-� REPORT NO. : PD-140-88 PAGE 12 ------------------------------------------------------------------------------- cc Mr. Bob Sheridan 153 Liberty Street North Bowmanville, Ontario LlC 2M2 cc Tullie Thompson 23 Concession Street East Bowmanville, Ontario LlC 1Y2 cc Pat Marjerrison 159 Liberty Street North Bowmanville, Ontario LlC 2M2 cc Mr. Greg Couch 42 Concession Street East Bowmanville, Ontario LlC lYl cc Roxann Brown 2 Concession Street West Bowmanville, Ontario LlC 1Y5 zrCN� 1 o-. •1 — P6-- /I . ./ NG4 KEY PLAN scutTrJn ? /� ,Tr` sI fi II, ♦ '. i II( t-�:' �— , f' IN r 1 .i a T• I ;a �. 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Its'+ 1 FJ �' •/ m a, ` � ~ L LJ as � Iu IN • I � �—' '"?=-- W L _ 1 rl pill +nom tll� to �• 2p• pI/E p{ Na X11,1 Ml na \ - �fi� fM Ifa M/la1 r u � I i' �. r,,; •b me m. ma m¢ rol too Isa: 1 Ir—J i_I L, L-,-1 JI J 1 2 Sr —J LJ _-- „�........ rOF; yk O:.O bE T..c'c 11 .=O.l CE�V Sisli �- AN =--_-------- ADDITIONAL INFORMATION REQUIRED SCHEDULE OF LAND USE OWNER'S AUTHORIZATION SURVEYOR'S CERTIFICATE DRAFT PLAN OF SUBDIVISION UNDER SECTION 50(2) OF THE �.° •, ° e ^ OF PARTS OF LOTS IE.B ANDSTO9 CCDG.TO PLANNING ACT 1983 ,f „«„„ ,o,•...,,,., „o,..t.u.•.,w..e w.�,..,w.. 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VV__ DESIGNER'S CERTIFICATE AND PART of 9 lDT 9.mNCESTLE t 1D•M/OF BOWMANVLLL OOUNTY OF"NAM NOW N THE TOWN T'NEN'CASilF •.P».w REGONAI_ MUN1CiP.— OF OUMAM ,�i..,F..rxn�.. ^�w•r..e+.+,r•.+rf.v x..< �•� L�� /fY/Y+ �WrYw11 M.dYnMwpM1wll�fMb Sl(!O>!.1 ATTACHMENT NO. :1 TO REPORT. PD-140-88 TOWN OF NEWCASTLE CONDITIONS OF,DRAFT APPROVAL SUBDIVISION APPLICATION 18T-87033 : ;' 1. This approval shall apply to a draft Plan of Subdivision 18T-87033 prepared by Marshall, Macklin Monaghan Limited, dated May 1, 1988, which is revised in red as per the attached plan showing 94 lots for single family dwellings, 152 lots for semi-detached dwellings, a park, a tot lot, an 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 38, 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 Blocks 247 and 248, and Lot 1 be dedicated to the Town for park purposes and that a Master Park Site Plan for Block 248 be prepared, at the Developer's expense, to the satisfaction of the Director of Community Services. Furthermore, the developer agrees to supply and install all playground components to the satisfaction of the Director of Community Services for block 247 and 248. 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. i 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. 7. That a sign identifying the name of the parks 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 construct 3 concrete box culverts at the creek crossing on Mearns Avenue just north of Highway #2; 11. Thaf the existing creek is rechannelized from just south of Concession Street to the proposed box culverts on Mearns Avenue; 12. That the developer contribute his share of the future erosion prevention works for the West Branch of Soper Creek from Mearns Avenue to the main branch of the Soper Creek; . . .2 Page 2 of ATTACHMENT NO. 1 TO REPORT PD-140-88 TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL SUBDIVISION APPLICATION 18T-87033 13. That the developer agrees to construct any creek erosion or flooding works specified in items 1, 2, and 3 in accordance with the submitted report and to the satisfaction of the Director of Public Works; 14. That all road allowances be adjusted to a minimum of 20.0 metre in width with the exception of Street "A" which is a collector and would be 23.0 metres; 15. That all intersections are daylighted with 4.5m x 4.5m sight triangles; 16. That the developer enter into a cost sharing agreement for the reconstruction of Concession Street to the satisfaction of the Director of Public Works. 17. That the developer meet all the requirements of the Public Works Department, financial or otherwise. 18. All of the other standard requirements re; Lot Grading, Schedules of Works, Performance Guarantees, Cost Estimates, etc., should be included in the Subdivision Agreement. 19. That no building permits for lots 43 and 44 shall be available until such time that the temporary turning circle is eliminated through extension of the urban road sections adjacent to same. 20. That the development of these lands are phased in a manner acceptable to the Town. 21. That the developer meet all the requirements of the Durham Regional I Public Works Department. 22. The draft plan shall be amended as indicated in red on the attached copy, effectively removing Lot 1 and adding same to Block 248. 23. Dwellings shall be set back a minimum distance of 30 metres from the C.P.R. property line. Unoccupied buildings, such as garages, may be exempted. 24. The outdoor living areas of Lots 1, 2, 3, 12, 13, 14 and 32 to 43 must be protected by an acoustic barrier constructed along the property lines adjacent to these lots. The barrier height will vary from 2.1 metres to 6.0 'metres and will consist of either an acoustic wall or a combination earth berm/acoustic wall. The acoustic wall component of the barriers must be continuous without gaps or openings and materials must have a minimum surface density of 20 kilograms per square metre as recommended in the Noise Feasibility Study. i i i Page 3 of ATTACHMENT NO. 1 TO REPORT PD-140-88 TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL SUBDIVISION APPLICATION 18T-87033 25. Dwelling units located on lots approximately 250 metres or less from the rail line namely lots 1 to 18, 27 to 55, 149 to 154, 206, and 224 to 244, must be equipped with a central air conditioning system, while all remaining dwelling units must be equipped with a forced air heating system with ductwork sized to accommodate the future installation of a central air conditioning system. 26. All dwelling units requiring central air_ conditioning systems should also be constructed with the specific window and wall treatments as indicated in the Noise Feasibility Study. 27. All offers of sale and purchase for all units within the development should include a warning clause indicating the existence of possible excess noise and the measures provided to deal with that excess. For units equipped with central air conditioning, specifically the units located on lots 1 to 18, 27 to 55, 149 to 154, 206, and 224 to 244, the warning clause would read as follows: "Purchasers are advised that despite the inclusion of noise control features in this development area and within the building units, noise levels from the CP Rail line may continue to be of concern, occasionally interfering with some activities of the dwelling occupants as the noise level exceeds the Ministry of the Environment noise criteria. In order to achieve a suitable indoor noise environment, occupants may wish to keep exterior windows closed. This unit has been fitted with a forced air heating system and central air conditioning. The air-cooled condenser unit shall be located in a noise insensitive area". For other units with air conditioning provisions, specifically all remaining units in the subdivision, the warning clause would read as follows: "Purchasers are advised that despite the inclusion of noise control features in this development area and within the building units, noise levels from the CP Rail line may continue to be of concern, occasionally interfering with some activities of the dwelling occupants as the noise level exceeds the Ministry of the Environment noise criteria. In order to achieve a suitable indoor noise environment, occupants may wish to keep exterior windows closed. Provision has been made to the heating system to facilitate the future installation of a central air conditioning system. The air-cooled condenser unit shall be located in a noise insensitive area". i i i i Page 4 of ATTACHMENT NO. 1 TO REPORT PD-140-88 TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL SUBDIVISION APPLICATION 18T-87033 28. There shall be no increase or change in the direction of natural drainage affecting Railway property without first obtaining written consent from the Railway. 29. Any proposed utilities under or over Railway property to serve the development must be approved prior to their installation and be covered by the Railway's standard agreement. 30. A 1.83 metre high chain link fence must be constructed and maintained along the common property line of the railway and the development, by the developer at his expense, and the developer is made aware of the necessity of including a covenant running with the land, in all deeds, obliging the purchasers of the land to maintain the fence in a satisfactory condition at their expense. 31. 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. 32. 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. 33. Block 249 should be zoned to prohibit buildings other than those required for erosion control. 34. 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. 35. That the developer ensure that Street "A" aligns with Henry Gate to the south. I 36. That any reconstruction of Mann Street and Bradshaw Street road allowances to facilitate this development be borne by the developer. 37. That the developer provide a walkway connection to the Elliot Avenue road allowance at a location aligning with either the south or north limit of the said road allowance. 38. That the developer be responsible for the erection of a 1.8 metre (6 feet) high wooden privacy fence along the common property line of all lots abutting existing homes, walkways, parks and open space blocks where a noise attenuation fence is not required. i i I I DN: B/L i THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 88- being a By-law to authorize the entering into of an Agreement with Schickedanz Brothers 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 Schickedanz Brothers 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. - I I MAYOR CLERK DN: EP/HR1 ` 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 "Agricultural (A)" to "Environmental Protection (EP)", "Holding - Urban Residential Type One ((H)R1)" Zone and "Holding - Urban Residential Type Two ((H)R2)" 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 f BY-LAW read a second time this day of 1988 BY-LAW read a third time and finally passed this day of I 1988. i i MAYOR I CLERK i i This is • - By-law 88--, passed this —. day of—, 1988A.D. r •.��% !' poll. !l/%jam • � -• im /mod Vj♦'VVP/,' � /fir:%/r;!��%l�,`I yea ��� J//�%���i%��%!%I ✓.s/ 11 71/11111 1 IN; ON • DN: EP/HR1 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 88- 92 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 "Agricultural (A)" to "Environmental Protection (EP)", "Holding - Urban Residential Type One ( (H)R1)" Zone and "Holding - Urban Residential Type Two ( (H)R2)" 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. BY-LAW read a first time this 27th day of June 1988 BY-LAW read a second time this 27th day of June 1988 BY-LAW read a third time and finally passed this 27th day of June 1988. MAYOR CLERK This is Schedule By-law passed this 27th day of June , 1988 • i / r `r� /� %%/ is , • PO h o y ma VON `;,f�� - `%' ox, am OVZ • =A 90 s • POW, MAP, %USA /VIM --s i LOT I I LOT • LOT A R4 RI VANSTONE �� .. • LLJ .. ■ v; 3a • ER -LC__0 STREET i t • • 100 200 .• BOWMANVILLE. 50m 0 1