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Home My WebLink AboutPD-235-88 Cm: 2O. 5 (e) TOWN OF NEWCASTLE- � � p0RT °`_, . ,, , File # /Qu}�� [�l'TN�^ / ' ��^~ G^ General Purpose and Administration Committee IDS 08T�^ ~`'^-~ Monday, February 6' 1989 ^ � �7| � � n�rum/ . . gD-335-88 ' ^�- "8^^ DEV 87-71 uuR-JECT: REZONING AND 8DBDI\/ISZ0W APPLICATIONS � APPLICANT: DIDDIC%}RP ZY�/D8TMO0T8 LTD. | PART LOT 14, CONCESSION l, FORMER TOWN OF 8OWM&yVILL8 FILES: 18T-87030 AND DEV 87-71 � ! RECOMMENDATIONS: It is respectfully recommended that the general Purpose and Administration Committee recommend to Council the following: � l. THAT Addendum to Report PD-235-88 be received; and � 3. THAT Report DD-235-88 be lifted from the table; and / 3. THAT the recommendations contained in Report DD-235-88 be approved with an amendment to Condition 0V. 21 in Attachment 0o. I as follows: | "THAT the Owner shall provide a coutioouoo well monitoring program ! during the construction of the subdivision and further agrees that where the existing well or private water supply of any Owner on the � | east side of Regional Road 57 adjoining the proposed subdivision is interfered with as a result of construction or development of the � subdivision, the owner shall, at his expense, pay on behalf of the � homeowners the onat of watermaiu connection charge and provide the ! homeowners ¢1'000. each for the purpose of offsetting the cost of � waterline installation on private property. Prior to registration of ! the Subdivision Agreement, the Owner shall deposit a Letter of Credit with the Town, in a sufficient amount to cover the costs of watermain � connection and the use of private waterline installation in an amount ! of $I,000. per household." � . . .2 / | / | � � ADDENDUM TO REPORT PD-235-88 PAGE 2 ------------------------------------------------------------------------------- 1. BACKGROUND: 1.1 On November 21, 1988, the General Purpose and Administration Committee tabled Report PD-235-88 pending the Owner resolves the well interference problem with the residents. 1.2 On January 12, 1989, Mr. Halminen held a meeting with the residents on Regional Road 57. In attendance were representatives from Kiddicorp Investments Ltd., its consulting Engineer Mr. D. Biddle, Councillors P. Deegan and L. Hannah, and ten (10) residents with Mr. R. Tukker as the apparent spokesman for the residents. Many issues related to well interference were discussed. In summary, Mr. Halminen offered, in addition to watermain connection charge, $1,000. to each of the homeowners on the eastside of Regional Road 57 to the future cost of bringing the waterline from the future watermain on Regional Road 57 to the dwellings. Further, Mr. Halminen will endeavour to obtain written guarantee from the Region that, in the event the residents' wells are interfered with, the Region will construct the watermain rather than choosing other options. 1.3 Subsequent to the meeting, Mr. Halminen was able to obtain in writing, a letter from the Regional Works Department stating that, in the event the resident's wells are interfered with as a result of development of this subdivision, the Region will construct a watermain to service these residents excluding service connections or work on private property. This letter has been forwarded to Mr. Tukker, the apparent spokesman for the residents. (copy of letter from Region is attached herein) . 1.4 On January 30, 1989, Staff contacted Mr. Tukker by phone, and was advised that he will convene a meeting with all the residents to discuss the matters. A copy of this report was hand delivered to the residents to facilitate their review. 3 ADDENDUM TO REPORT PD-235-88 PAGE 3 1 ------------------------------------------------------------------------------- 2. COMMENTS: 2.1 Based on the foregoing comments, Staff is confident that the well interference issue can be resolved to the satisfaction of the residents and therefore, the original Report PD-235-88 is brought back for Committee's consideration. 2.2 In order to accommodate the additional $1,000. offer from Mr. Halminen, Condition No. 21 of draft plan approval contained in Attachment No. 1 of Report PD-235-88 would have to be amended as indicated in the recommendation. Respectfully submitted, Recommended for presentation to the Committee A -- K----------- ------�-�/ Franklin Wu, M.C.I.P. Lawrence F/. Y . *tseff Director of Planning & Development Chief AdminlAvtrative officer *FW*jip *Attach. January 27, 1989 CC: Ms. M.L. Matthews 83 Waverly Road BOWMANVILLE, Ontario Ms. Irene Bate 79 Waverly Road BOWMANVILLE, Ontario Kiddicorp Investments Ltd. 1748 Baseline Road Group 10, Box 7 R.R. #2 BOWMANVILLE, Ontario LlC 3K3 ,ADDEND) JO REPORT PD-235-88 PAGE 4 ----------------------------------------------------------------------------- CC: D.G. Biddle & Associates Ltd. CC: Fredrick & Marion Wright 96 King Street East 26 Martin Road OSHAWA, Ontario R.R. #6 L1H 1B6 BOWMANVILLE, Ontario L1C 3K7 Jay Nimigon The Society of Management Clair & Evelyn Allen Accountants of Ontario 30 Martin Road 70 University Avenue BOWMANVILLE, Ontario Suite 300 L1C 3K7 TORONTO, Ontario M5J 2M4 George & Ruby Vice 34 Martin Road South Mary McEwan R.R. #6 2 Martin Road, Box 126 BOWMANVILLE, Ontario BOWMANVILLE, Ontario L1C 3K7 L1C 3R9 Frederic Jansma Ralph & Barbar Jane Takker 38 Martin Road South 4 Martin Road BOWMANVILLE, Ontario BOWMANVILLE, Ontario L1C 3K7 L1C 3R9 Harvey & Pamela Snyder Josef Klemencic 42 Martin Road 311 Cumberland Court BOWMANVILLE, Ontario OSHAWA, Ontario L1C 3K7 L1H 8E7 John & Ieka vanderkooi John Martin Vandergaast 46 Martin Road 10 Martin Road R.R. #6 BOWMANVILLE, Ontario BOWMANViu% Ontario L1C 2H5 L1C 3K7 Lewis & Sherry Whyte 14 Martin Road BOwmANviLLE, Ontario. L1C 2H5 Gertrude Heffer 18 Martin- Road BOWMANVILLE, Ontar) o L1C 3K5 Margaret Jane Brinkman 4 Martin Road R.R. 16 BOWMANVILLE, Ontario . L1C 3K7 Hilda Smith 24 Martin Road R.R. #6 BOWMANVILLE, Ontario L1C 3R7 i h—'S9 d1_1 0,,D,514 1 D:H G ROUGHLEY LTD Oc-N TEL "AO: 1-41 10 18 9 7 P a 21 do DURHAM January 19, 1989 The Regional Municipality of Durham JAN 26 1989 Works Department Box$23 D.G. Biddle & Associates Limited TOWN OF NVA"CAS1LE 106 Consumers Dr, 96 King St. East PLANNING DEPARTMENT Whitby, Ontario Oshawa , Ontario Cnnada,Ll N 13A:3 M16)ON-7727 LIM 1136 WA TWELVETREES,P,Eng, Attention., D.G. Biddle, P. Eng. COF)ImissiOner of Works Dear Sir: Please quo to our ref. Re: Regional Well Interference Policy Draft Plan of Subdivision 18T-87030 Waverley Road, King Street & Martin Road, Bowmanville 86-N-24 Kjddicor2 Investmen's Ltd. This letter is in response to your concerns and the concerns of the existing residents of Martin Road, as expressed in your letter of January 13, 19898 Please rest assured that , should the development of any lands in the vicinity of the existing residents' homes on Martin Road adversely affect the quality or quantity of water in their wells , the Regional Municipality of Durham will implement their well interference policy. Specifically, due to the proximity of municipal water supply, should the implementation Of the policy be required, a watermain would be constructed on Martin Road and be funded by the Region, (NOTE: This does not include the funding of service connections or work on private property). It should also be noted that if there is no impact on the existing wells due to development , then t—he only mechanism to install municipal water Is by petitioning to the Region with installation at the existing residents cost. on D -rlAN 2� 0 1989 j --------------------- JAN-26-'89 THU �8/55 ID�H G ROUGHLEY LTD OSH TEL 110: 1-416-576-7611 #897 P@3 ' . ^- - - 2 - Should you have any questions regarding this iSSu$^ please contact the undersigned. Yours very trul� ' truly-.,,� CA, Q>urtis » P. Eng. M8A6Qpr Of Development Approvals / Us/rd CC: Mayor M. Hubbard, Town of Newcastle Councillor Hannah , Town of Newcastle C0Uncillor Deegan , Town Of Newcastle Mr. H. Ha]minen » Halm1A$U Homes Mr. V^A, SilQQil1S' P. Eng. , Region of Durham tN: 235-88 TOWN OF NEWCASTLE 1 REPORT File # Res, # By-Law # hEFfING: General Purpose and Administration Committee DATE: Monday, November 21, 1988 REPORT #: PD-235-88 FILE #: 18T-87030 & DEV 87-71 SUBJECT: APPLICATION FOR SUBDIVISION APPROVAL AND.REZONING KIDDICORP INVESTMENTS LIMITID PART LOT 14, CONCESSION 1, FORMER TOWN OF B=4ANVILLE. FILES: ..18T-87030 AND DEV 87-71 ` RECOMMENDATIONS: It is respectfully- recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-235-88 be received; and 2. . THAT the Region of Durham be advised that the town of Newcastle recommends approval of the draft plan of Subdivision 18T-87030 dated as-revised - September 18, 1987 .as revised in red, subject to the conditions contained in Attachment No. 1 to this Report; and 3. THAT the Mayor and Clerk be authorized, by by-law, to execute the Subdivision Agreement between Kiddicorp Investments 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; i and 4. THAT the attached amendment to By-law 84-63 be approved; and 5. THAT permission be give to the applicant for the erection of a noise barrier on the north side of Old Highway -No. 2 road allowance; and I .. .2 i /��'� REPORT NO.:` PD-235=88 PAGE 3 1.3" In September, 1987, a rezoning application (DEV 87-71) was submitted by the applicant in order to implement the proposed Plan of Subdivision. In accordance with departmental procedures and Section 34 of the Planning Act, notice "of a Public Meeting was mailed to surrounding land owners. As a result of inquiries from neighbouring residents, a second more detailed notification was mailed, advertising the November 16, 1987 meeting date. 1.4 A residents meeting was held December 16, 1987 in order to further discuss the proposal. Representatives from Riddicorp Investments and the Town of Newcastle Planning Department were in attendance. : The issues of 'concern at this meeting included: density of the proposal; . access; school capacity; well interference; existing slope and grades; tree preservation; and fencing. Many letters of concern and objection were also received further commenting on these issues. 1.5 The proponent was required to submit a Noise Feasibility .for the. proposed subdivision as well as a Well Water Monitoring Report. The Noise Impact Study addresses measures of noise mitigation for the site. Whereas the Well Water Monitoring -Report "provides insight into the hydrogeology of the area and potential well impact arising from the proposed development. i 2. SURROUNDING LAND USES 2.1 The-surrounding land uses are primarily single family residential dwellings. Immediately to the south of the property is a junior elementary separate school and existing residential dwellings. To the west the property is bounded by single family dwellings which front onto Regional Road No. 57. Staff note these dwellings were established I on private services. To the north the property is bounded by the CP Rail line and beyond that is undeveloped field up to Highway #2. To the east the property is adjacent to residential dwellings having -frontage on Waverly Road. Waverly Road is designated a collector Road in the Town of Newcastle official Plan. . ..4 I RESORT NO.: PD-235=88 PAGE 5 ----------------------------------------------- 4.2 The following agencies presented no objection or comment to the proposed Plan of Subdivision and Rezoning Application: - Newcastle Hydro - Northumberland & Newcastle Board of Education - Ministry of Natural Resources - Ontario Hydro 4:3, . Town of Newcastle Public Works Department Works Staff noted no objection in principle to the proposal, however, a site servicing report addressing, amongst other matters, site drainage, lot grading related to existing surrounding dwellings and a preliminary y road grade are required. Other issues and conditions of approval over and above the standard requirements include: re-aligning the proposed intersection with Old Highway- No. 2-to form a horizontal curve; restrict parking abutting Blocks 98, 99 & 100 and the access road across from Lawrence Crescent; incorporating a walkway into.the north- west corner of the plan; reconstruct Old Highway No. 2; and initiate a groundwater monitoring program. 4.4 Town of Newcastle Fire Department Fire Department Staff raised no objection to the proposals, noting that the subdivision would be within the recommended five mile range. . 4.5 Town of Newcastle Community Services Community Services Staff required the applicant to prepare, at his expense"a Park Site Master Plan with two (2) softball diamonds, a playground area with various apparataus and a -walkway connecting the school property with the Park. The play fields are to be graded and water and sewer connections are to be installed at the park property line. ...6 REPORT NO.: **':: PD-235 88 PAGE 7 4.10(a) Ministry of the Environment Ministry Staff reviewed the Noise Impact Study submitted by the. application as prepared by Vibron Limited (dated revised October 15, 1987) .and found the'Study to be unacceptable for the purposes of demonstrating the feasibility of providing an acceptable noise environment within the Plan. . . 4.10(b) -K-revised Study was prepared in March, 1988. The revised Study which. the Ministry has--found acceptable in-terms of Noise Control features, poses to erect'ahe'aound barrier. on the:Town's road allowance. ...;. -., . However,'this°would-.:require Council's endorsement. Should. this. ,• 'location be•acceptabler:the Ministry -would offer no objection subject . . to •conditions.presented .in the report :incorporated in the draft . approval. 4.11 Canadian Pacific Railway Railway Staff, in-'providing comments, noted they are opposed to the proposal and that`--residential-.development adjacent to the railway right-of-way, is.not compatible with said operations.. However,_should the applicationbe approved,•they have requested a number of conditions - be imposed on the applicant. .. 4.12 Residents As mentioned in the background of this Report, residents abutting the subject proposal-.were very concerned about the proposal and attended both a Public Meeting and Residents Meeting in addition to sending letters to. the Planning Department outlining their concerns. It is not practical to paraphrase each of the letters, therefore the following will attempt to provide a summary of issues expressed: .. .8 X-�EPCRT NO. : PD - PAGE 9 more than 300 metres up-gradient of the site, beyond any possible drawdown influence to dewatering. The other two bored wells are situated about loom west of the southwest corner of .the site. The Report anticipates any short or long term impact to be negligible. 5.4 In the event well interference is experienced due to the construction of a new residential development, Regional policies would waive the frontage charges for owners of existing homes where well interference occurs in the event the Region decides to provide municipal water supply services to these homeowners. However, the watermain connection charge and the cost of constructing the water connection between the property line and the dwelling and any required plumbing alterations are still the responsibility of the homeowners. 5.5 The applicant has agreed that should well interference take place as a result of the proposed development and a watermain is available for connection of water services, the applicant will finance the prevailing connection fee rate as set out by the Region as a goodwill gesture. However, he is not prepared to pay for all costs associated with constructing the water connection between the property line and the building as well as any necessary plumbing alterations. 5.6 In terms of density, the proposal is well below the permitted 30 and 55 units per net residential hectare permitted for the Low and Medium Density allocation respectively. The Medium Density development would appear to comply with Town policies. Staff further note, it is Town policy that the developer erect, at -his expense, a 1.8 metre privacy fence along the common property line of the existing dwellings and the proposed lots. 5.7 Access to the site is provided at three (3) different points, although i Old Highway No. 2, the Lawrence Street extension and Rhonda Avenue all eventually lead to various points on Waverly Road. Waverly Road is designated as a Collector Road and designed to function in such a capacity. Staff is satisfied that there are sufficient access points .provided to the proposed subdivision. The present proposal is an infilling situation complying with existing policy. . ..10 i R R.EpORT NO.- PD-235 — -PAGE 11 5.11 The major concerns identified by both the Ministry of the Environment and the Canadian Pacific Railway, is the proximity of the development to the railway tracks. The Ministry requested a Noise Feasibility Study be completed to their satisfaction prior to draft. approval. The Canadian Pacific Railway has outlined a total of eight (8) conditions to be imposed as conditions of approval for the proposed development. The Noise Study originally submitted by the applicant was not acceptable by Ministry standards. 5.12 A revised Noise Study was submitted and reviewed by the Ministry of the - Environment Staff. They were satisfied with the noise mitigation measures outlined, however noted. that the proposal would cause some of the barrier to be erected on Town property, on the north side of Old Highway No. 2. Town Staff have reviewed this option and would offer no objection, however, this will require Council approval. 5.13 The applicant has requested Town Staff to review the possibility of a land transfer involving parkland over-dedication and part of the Old Highway No., 2 road allowance (see attached) . The proposed parkland dedication (Block 99) is equal to 1.21 hectares (2.99 acres) or 7.93% of the subject area. The Planning Act stipulates 5% of the subject area or 0.76 hectares (1.88 acres) as the maximum parkland a municipality may request. Therefore,- there is an over-dedication of 0.45 hectares (1.11 acres) of parkland within the Plan. 5.14 In exchange for the over-dedication, the applicant is interested in acquiring 0.3 hectares (.73 acres) Town owned lands at Old Highway No. 2. Should the land transfer take place, the applicant would be able to create three (3) additional lots in the vicinity of Block 97. 5.15 Staff are agreeable to the land transfer since the Old Highway No. 2 road allowance is surplus to the Town's need. In addition, the Town is gaining 0.15 hectares (0.37 acres) as a result of the land exchange. ...12 REPORT NOS: PD-235 b. `l PAGE 13 q CC: D.G. Biddle & Associates Ltd. CC: Fredrick & Marion Wright 96 King Street East 26 Martin Road OSHAWA, Ontario R.R. #6 L1H 1B6 BOWMANVILLE, Ontario L1C 3K7 Jay Nimigon The Society of Management Clair & Evelyn Allen Accountants of Ontario 30 Martin Road 70 University Avenue BOWMANVILLE, Ontario Suite 300 L1C 3K7 TORONTO, Ontario M5J 2M4 George & Ruby Vice 34 Martin Road South Mary McEwan R.R. #6 2 Martin Road, Box 126 BOWMANVILLE, Ontario BOWMANVILLE, Ontario L1C 3K7 L1C 3K9 Frederic Jansma Ralph & Barbar Jane Tukker 38 Martin Road South. 4 Martin Road BOWMANVILLE, Ontario BOWMANVILLE, Ontario L1C 3K7 UC 3K9 Harvey & Pamela Snyder Josef Klemencic 42 Martin Road 311 Cumberland Court BOWMANVILLE, Ontario OSHAWA, Ontario UC 3K7 UH 8E7 John & Ieka Vanderkooi John Martin Vandergaast 46 Martin Road 10 Martin Road R.R. #6 BOWMANVILLE, Ontario BOWMANVILLE, Ontario L1C 2H5 L1C 3K7 Lewis & Sherry Whyte 14 Martin Road BOWMANVILLE, Ontario UC 2H5 Gertrude Heffer 18 Martin Road BOWMANVILLE, Ontario L1C 3K5 Margaret Jane Brinkman 4 Martin Road R.R. #6 BOWMANVILLE, Ontario L1C 3K7 I Hilda Smith 24 Martin Road R.R. #6 BOWMANVILLE, Ontario L1C 3K7 . Page 2 of ATTACHMENT NO. 1 - REPORT PD-235-88 KIDDICORP INVESTMENT LIMITED PLAN OF SUBDIVISION 18T-87030 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION 7. That the Owner shall retain a qualified consultant to prepare and submit a Tree Preservation Plan to the Director of Planning and Development for review and approval. 8. The Owner shall obtain Central Lake Ontario Conservation Authority approval of an erosion and sedimentation control plan for the subject lands prior to the commencement of site preparation. 9. The Owner shall obtain Central Lake Ontario Conservation Authority approval for lot/block grading plans for the site, and drainage plans for the subject property. These plans are to indicate that flows resulting from snowmelt and the 100 year storm will be directed from the site without subjecting buildings or adjacent properties to flooding. 10. The Owner shall engage the services of a consultant to complete a noise study recommending noise control features satisfactory to the Ministry of Environment and the Town of Newcastle. REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 11. That the Owner shall enter into a Subdivision Agreement with the Town and agree to abide by all terms and conditions of the Town's standard subdivision agreement, financial and otherwise, including, but not limited to, the requirements that follow. 12. That all easements, road widening, and reserves as required by the Town shall be granted to the Town free and clear of all encumbrances. 13. That the Owner shall dedicate Block 99 for park purposes and further agrees to provide for grading and sodding etc. in accordance to the Park Site Master Plan at no cost to the municipality. No building permit, above and beyond twenty-five percent (25%) of the entire subdivision, will be issued by the Town if the park is not completed to the satisfaction of the Director of Community Services. 14. That the Owner shall pay to the Town, at the time.of execution of the Subdivision Agreement, development charge levy and any other charges in effect at the time of executiuon and further agrees to abide by the Town's payment schedule as amended from time to time. 15. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Town's standards and criteria. 16. That the Owner shall cause all utilities, including hydro, telephone, Cable TV, etc. to be buried underground. . ..3 i i I Page 4 of ATTACHMENT NO. 1 - REPORT PD-235-88 KIDDICORP INVESTMENT LIMITED PLAN OF SUBDIVISION 18T-87030 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION 25. That on-street parking be restricted abutting Blocks 98, 99 and 100, as well as the access road across from Lawrence Crescent. 26. That the applicant be responsible for the reconstruction of Old Highway #2 from the plan of subdivision to the Waverly Road intersection. 27. Ministry of the Environment shall be notified by a copy of the fully executed subdivision agreement between the developer and the municipality that the noise control features recommended by the acoustical report and approved by the Ministry of the Environment and the Town of Newcastle shall be implemented as approved, by requirements of the subdivision agreement. 28. That the developer be responsible- for installation of water and sewer connections at the park entrance on the south east side along the proposed road. 29. That the developer be responsible for the erection of a 6 foot privacy fence along the north and west boundaries of the park. 30. That the developer be responsible, at his cost, for the removal of all buildings, save and except for the structure to be incorporated as Lot 37 of said Plan. 31. In the event that a slight noise level excess will remain, despite the implementation of the noise control features, the. following warning clause shall be included in a registered portion of the subdivision agreement for subsequent inclusion on Offers of Purchase and Sale for the affected lots. "Purchasers are advised that despite the inclusion of noise control features within the development area and within the individual building units, noise levels may continue to be of concern occassionally interfering with some activities of the dwelling occupants." 32. Ground vibration transmission to be determined through site tests. If in excess of acceptable levels, all dwellings within 75 metres of the nearest track should be protected, possibly by means of rubber pads installed between the foundation and occupied portion. The vertical natural frequency of the structure on the pads should not exceed 12 Hz. 33. Clauses to be registered on and run with the title of all properties within 300 metres of our right-of-way warning prospective purchasers on the Railway's presence and also that the Railway will not take responsibility for complaints as a result of noise, vibration, air quality, etc., generated by present and/or future operations. . . .5 I I /N'T/-./E .7'L7WY�/ D•� �R_1�4N1//(_LF--/ /vC�///N TJ�L.� �. /-frYF�.0-L?.�TAn_O�'--5+-•0...�v ov 1+..i1!J.l'�?�/ ' ��L ML..I/./.�JRL�lJ7Y O'er"OCJRN.4/�-Y• �cc'r'cvo...•o•�..=cs•.o__tiy� f e DRAFT Pt-AU AS I 6iA cr reD j AliP� �� t Pte+ Py•n �J O� �7 •• �y0 !i 1 � � � � � ��. S i e Pr s g, C: a"'� 1< ` I • � & R—�— i � i, -T I 2 �I ,\�l,`t � i � � C � , p Z vl -- ( � .aoora i�o�tcc.. /v.;c�4rt<n�•onL 1 I2��1 �•i i 1 •'�.. ..1 ` i `I a 1 G-� ��'.�1 �— j .n..._nX�E o,s s.•o.•.�/c�..c.¢.s.=•r Ar�+�./ j .i 0 �e••1`tl ,111 % i .�. 4-'•• i — t Q � � a�....c,.,....<:../ .-y.a.e,.�__ tt i�.Ij � �, —� o.�.o�o.:c+��'_:•c an.o.o..e.e aa aa,-._eo av �e Tr . . • ;v_ ,� ,�.Y ; •; ,,• +; �,• � � r:. _ . = , _�_ � , {- I•ii.A-.Q./GiC.O/�T1KG�L�id�/�.1 _ `� ] 1 / � `: R V ��,�' h. z3�: - �'r-r:.•r_a wsYr/e. rj : -—`—}— t`,�;il� , ) / � S1; 4� 1 , ` •°'°r•�o•rom.�--�.�c�w/nrs..><ezuv.: 1 � 1',11� +` •� l � �"'_� �/J� I� � I r I� i Q.� Lorsm-+q:�_oc-r aa..e q�, .•�`�..c�or�.�..:>.�.•;,"cx.�JSCS' -v.,c...., i ' —: �:itl: ! I i 1 {l 1i �\ �--\� I� I "��2` I � � �a;-�Ee:��t o•t 1 � b �-�<•s.�. � '! (1 \ �/" \�*�/; I --�— aL.00:c ro/:L-.c..cr-qc r•6tF_....,�' r 7" . ,ri Q ` � ;�•�� , � / ..a , t I � — arno-[ .o,�::F RK I.fI/o of GoeJ 1 i I _ � Ow•�/ERS CE�F.Cs•.TE _ I � \ ��<.�wc+7 t � I -�.•w.�-.....cry i-;.�•-.c_•s c�•+.-r�o OO�.+E�fnN .nA0 F`.�/9CJ-h^zcv�/nL .'o c-.';.�pvgv.er+c�c'r Gbr�.�.vv� LL/•-t�'EO - 00�-✓'--a.�/vyLCC.O�/T.�..0'-f✓J O'�/TYRiO Len.O;�.ciQ�\�' I/OVT.eR•o ST. '•�'.'a.�.�i'T1.r+/aC m.'L; TEL.L•+'Gj c2�-.S3o[' �. oc�,-;�+,.A.�.tro�.t- ��v'-.ocR.n.r t..i.cc� 3 t N MM � cn D M eo CONCESSION I �� ' 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 recommends to the Region of Durham for approval of draft Plan of Subdivision 18T-87030; and 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 to implement the draft Plan of Subdivision; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Schedule' "3" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding - Urban Residential Type One ((H)R1)" to "Holding - Urban Residential Type One Exception ((H)R1-20)"; "Holding - Urban Residential Type Two ((H)R2)" to "Holding - Urban Residential Type One Exception ((H)R1-20)11; "Holding - Urban Residential Type Two ((H)R2)" to "Holding - Urban Residential Type One ((H)Rl)"; "Holding - Urban Residential Type Two ((H)R2)" to "Holding - Urban Residential Type Four ((H)R4)11; and "Holding - Urban Residential Type One ((H)R1)" to "Holding - Urban Residential Type Four ((H)R4)". 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 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 1 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 to allow a transfer of 0.3 hectare parcel of Old Highway No. 2 road allowance to Kiddicorp Investments Limited in.association with the approval of Plan of Subdivision 18T-87030. 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 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 i I I This is Schedule "Xly to By-law 88-_� passed this day of , 1988 A.D. LOT I T L Exist ing'(H)Rltone' r ��4j K , >1 Existing % (H)R4 Zone rl ff ZONING CHANGE FROM'(H)R2' T0'.(H)RI-20' ZONING CHANGE FROM'(H)RZ' TO'(H)Rl' ZONING CHANGE FROM'(H)RZ'TO'('H)R4' ZONING CHANGE FROM'(H)R I 'TO'(H)R4' Mayor ZONING CHANGE FROM'(H)RI' TO'(H)RI-20' LOT 1'5 LOT 14 LOT 13 EP R A-1 WAY A R1 R1 z 0 RI z (n of E al a z 0 R1 WI W ,N \_ o 50 i J, 300 R 100 ?oo BOWMANVILLE Wm 0. DN: B/L THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 88- being a By-law to authorize the entering into of a Subdivision Agreement between 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". z. 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 I, CLERK f�eA l'v.e, P-e too 4 1 17, 77 7R� LID Q ' � 1 i' ; i / � \ \ ' I .` ri� LI.YI`r a�-19: �E/-//-QuTiC/EO DAb � I —■— j•'1�,1, ,'i 1S£ 1 � ` r� q�c � ( r ,� �� I ' Z �.Q C,.��: C..�!O Page 5 of ATTACHMENT NO. 1 - REPORT PD-235-88 KIDDICORP INVESTMENT LIMITED PLAN OF suBDIVISION 18T-87030 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION 34. There shall be no increase or change in the direction of natural drainage affecting Railway property without first obtaining written consent from the Railway. 35. 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. 36. A 6' high chain link fence be constructed and maintained along the common property line of the railway and the development, by the developer at his expense, wherever no sound barrier .is .constructed, 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. 37. That the Owner agrees not to seek any further compensation for any parkland over-dedication resulting after the land exchange is finalized. I i Page 3 of ATTACHMENT N0. 1 - REPORT PD-235-88 KIDDICORP INVESTMENT LIMITED PLAN OF SUBDIVISION 18T-87030 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION 17. That the Owner shall provide the Town, at the time of execution of the subdivision agreement, Letters of Credit acceptable to the Town's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as may be required by the Town. 18. That the applicant be responsible for acquiring, free and clear of all encumbrances, an easement for Regional Municipality of Durham for the installation of a watermain along Old Highway No. 2 right-of-way. 19. That prior to the issuance of building permits, the Owner shall, through its acoustic engineer, to provide a certification to the Director of Planning, certifying that the Builder's plans are in accordance with the Noise Control Report as approved by the Ministry of the Environment and the Town of Newcastle. 20. That prior to the issuance of building permits, access routes to .the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner agrees 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. 21. That the Owner shall -provide a continuous well monitoring program during the constructjion of the subdivision and further agrees that where the well or private water supply of any person is interfered with as a result of construction or the development of the subdivision, the Owner shall at his expense, pay for the watermain connection charge to those affected homeowners should the Region choose to provide municipal water supply services to the affected homeowners as a mean of alleviating the impact of well interference. 22. The Owner/Developer agrees not to place or remove fill or carry-out grading on the site without the written approval of the Central Lake Ontario Conservation Authority. 23. The Owner/Developer agrees not to locate structures other than residences on lots 84 to 91 without the written approval of the Central Lake Ontario Conservation Authority. 24. The Owner/Developer agrees to develop Block 98 in accordance with development plans approved by the Central Lake Ontario Conservation Authority. .. .4 I i ATTACHMENT N0: 1 - REPORT PD-235-88 KIDDICORP INVESTMENT LIMITED PLAN OF SUBDIVISION 18T-87030 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION PLAN IDENTIFICATION 1. That this approval applies to draft Plan of Subdivision 18T-87030, prepared by Donevan & Fleischmann Company Limited, dated revised . September 18, 1987, and further revised in red as per the attachment plan showing lots 1 to 52 inclusive for single family detached dwellings, lots 53 to 96 inclusive for semi-detached or link dwellings, Block 98 for a 144 unit multiple housing block, Block 99 for parkland, Block 100 for school expansion, and various blocks for reserve and road widenings. FINAL PLAN REQUIREMENTS 2. That all streets within the Plan of Subdivision shall be dedicated as public highway and shown as such on the final plan. 3. That all streets be named to the satisfaction of the Town of Newcastle and shown on the final plan. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 4. That the Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Public Works and the Director of Planning and Development for review and approval. The Landscaping Plan shall reflect the design criteria of the Town as amended from. time to time. 5. That the Owner shall retain a qualified landscape architect to prepare and submit a Park Site Master Plan to the Director of Community Services for review and approval. The plan shall include Blocks 99 & 100 -and shall indicate two (2) softball diamonds each with 275 ft. baselines, a playground area with various apparatus (ie) swings, teeter totters, slides etc. and further a walkway connecting the school property with the park and the park with the adjoining development to the north. The said Plan shall reflect the design standard of the Town as amended from time to time. 6. That the Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Director of Public Works for review and approval. All plans and drawings must conform to the Town's Design Criteria as amended from time to time. ...2 I REPORT NO.: PD-235-88 PAGE 12 5.16 Should Council be agreeable to the above proposed land exchange,' Staff would have no objection, provided the applicant not pursue any further compensation for any remaining over-dedication of parkland and undertake the preparation of a Park Master Plan and grading to the satisfaaction of the Director of Community Services. 6. CONCLUSION 6.1 In consideration of the comments contained within said report, .Staff , would now have.no objection to the approval.of the proposed Plan.of Subdivision, as red= REPORT NO. : PD-235-88 PAGE ZO' --------------------------------------- 5.8 The question of school capacity is a .problem throughout the Province, in which school boards do not have adequate funding for capital works required for a new school to be constructed and in place prior to residential development occurring. Notwithstanding, the proposal has designated a Block for expansion to the existing separate school, which the school board has shown interest in acquiring. in addition, proposals to the west of Regional Road 57 and south of the C.P.R. tracks designates three (3) school locations. 5,9 The Conservation Authority identified the western slope of the-subject property and development proposed thereon as their major concern. Authority Staff requested conditions of draft approval to address slope stability and erosion control. They further noted that any accessory development on the sloped lands require a permit from Central Lake Ontario Conservation Authority. The Town of Newcastle Public Works Department has also identified concerns regarding the grade of the subject lands and will require a site servicing report be submitted, addressing the issues of site drainage, lot grading and preliminary road grading. 5.10 Public Works Staff have also red-lined the proposed plan, altering the proposed road alignment where Rhonda Boulevard intersects with Old Highway No. 2. - Further red-line revisions will alter the lotting sequence and size in order to accommodate a walkway in the north-west corner of the proposed plan. The walkway will provide access to and from Regional Road No. 57, via the Old Highway No. 2 right-of-way. (The walkway is to be developed by the applicant at his cost) . Public Works Staff has also required a groundwater monitoring program be undertaken a minimum of one (1) year prior to the start of any construction. The Program should be recommended by a Hydrogeologist and approved by Public Works. As noted earlier, the applicant has commenced this well monitoring program. . ..11 ' ,` PAGE•8 i --.. t 4 '., .. REPORT NO.: PD-235-88 4.12 Residents (Cont'd) Density of the proposal and compatibility of townhouses with existing homes; limited access to the site and the neighbourhood as a whole; . school capacity and children safety; well and septic interference-and potential costs of connecting to municipal -services; and increased traffic. 5. STAFF COMMENTS 5.1 The circulation process has outlined a number of concerns and conditions of approval as expressed by the various agencies and area, residents. Of particular concern is the potential for well t interference once development of the subject lands commence. . A :.:..• Hydrogeologist.has been retained.by the applicant to investigate the , . hydrogeology of the area, as well as to monitor existing wells in the vicinity of the subject site. 5.2 The-well monitoring program commenced January, 1988 for the dwellings .:. south of the Canadian Pacific Rail line. Private wells north of Highway No. 2 have been regularly monitored since November, 1985. The Report indicates that a major groundwater divide parallels the west limit of the site. Thus, groundwater flow through the neighbouring :. wells is toward the south, rather than through the subject site. The development area lies lateral and slightly down-gradient to the flow of neighbouring wells. 5.3 The Study anticipates no long term impact on well performance as a result of the proposal. However, the limited up-gradient catchment to the shallower bored wells is expected to result in a very large seasonal fluctuation of up to 8 m. Dewatering carried out at the site, is not anticipated to have any short or long term impact on the adjacent drilled wells. All but two of the bored wells are situated ...9 • .REPORT NO. . PD 235 ( PAGE 5,;.,.,...._.. ---------------------------------------------------------- 4.6 Central Lake Ontario Conservation Authority Authority Staff have reviewed the site previously under other applications and find the plan now submitted to be generally acceptable. There are however, areas of concern which can be addressed through Conditions of Approval. These include: the need for erosion and sedimentation control during the grading phase; the need to ensure the stability of the sloping topography in Lots 84 to 91 and Block 98 after the construction of buildings or other structures in these areas; and to ensure area down grade from those lots do ngt..become prone to flooding. 4.7 Peterborough-Victoria-Northumberland & Newcastle Roman Catholic Separate School Board The School Board has no objection to the proposal and has noted it is interested in acquiring Block lob for expansion to their present site. The Director of Community Services indicated he will be negotiating with the School Board with with respect to using part of this block to augment the overall parkland development in this area. 4.8 Durham Region Public Works Department Regional Works Staff have noted that full municipal services are available to the proposed site and that the easement between Lots 91 and 92 be obtained. 4.9 Ministry of Transportation Ministry Staff have noted that the subject property could be impacted should the Canadian Pacific right-of-way be utilized for the GO Train service extension to Bowmanville. However, the area is not presently under study. ...7 I I REPORT NO.: PD-235-b_ C PAGE ,4 -----------------—-------------------------------------- 3. OFFICIAL PLAN CONFORMITY 3.1 Within the Durham Regional Official Plan, the subject land is. designated Residential. The predominant use of said land shall be for residential purposes, however, schools and parks are permitted uses within said designation. The proposed subdivision conforms. 3.2 Within the Town of Newcastle Official Plan (Bowmanville Major Urban Area) the subject property is designated Low Density Residential, with "Medium Density", "Neighbourhood Park", and "Separate 'Junior Elementary School" symbols in the general area. Low Density Residential permits development up to a. maximum of 30 units per net residential hectare. Medium Density Residential permits development up to a maximum of 55 units per net residential hectare. 3.3 The proposal would appear to be well within the permitted densities at 35 units per net residential hectare for the townhouse block, and 20 units per net residential hectare for the single and semi residential units. The neighbourhood park is indicated to be 1.21 hectares (3.0 acres) or 7.90 of the total area. The Official Plan states that "Neighbourhood Parks" shall not normally be less than 3 hectares in size and shall be provided on the basis of 0.8 hectare per 1000 population. The design population for the neighbourhood is 4000, which when using the park ratio indicated above amounts to 3.2 hectares of parkland for this neighbourhood. The existing park on the east side of Waverly Road is 2.02 hectares (5.0 acres) . Therefore, the combined park area would appear to satisfy the Official Plan requirements. 4. AGENCY COMMENTS 4.1 In accordance with departmental procedures, the subject applications were circulated to obtain comments from other departments/agencies. The comments received are summarized below as are the comments obtained from the Regional Planning Department circulation process. . ..5 I i i REPORT NO. : PD-235-88 PAGE 2' ------------------------------------------------------------------------------ 6. THAT Council approve the exchange of lands (0.3 hectares of Town owned lands) for the over-dedication of parkland provided by the applicant through said application 18T-87030, 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 with respect to the land exchange and subsequent registration between Kiddicorp Investments Limited and the Corporation of the Town of Newcastle; and 8. THAT a copy of Report PD-235-88 be forwarded to the Region of Durham. 1. BACKGROUND 1.1 In April of 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 proposed the creation of 52 single family units, 88 semi- detached units and 144 townhouse units for a total of 284 residential units. Also proposed in the Plan is a 1.21 ha Neighbourhood Park and a 0.68 hectare block for the expansion of St. Stephen Separate School immediately to the south of the Plan. 1.2 The proposal is situated on a 15.25 ha (37.68 acre) parcel of land east of Regional Road No. 57, immediately south of the Canadian Pacific Railway tracks, west of Waverly Road and north of St. Stephens School (see- Attachment No. 2) . Staff note that this application replaces a previous File: 18T-86055. . . .3 i I rN: 235-88 TOWN OF NEWCASTLE rs REPORT File #60 a 7 Res. # By-Law # NESTING: General Purpose and Administration Committee DATE: Monday, November 21, 1988 REPORT #: PD-235-88 FILE #: 18T-87030 & DEV 87-71 SLBJECT: APPLICATION FOR SUBDIVISION APPROVAL AND REZONING KIDDICORP INVESTMENTS LIMITED PART LOT 14, CONCESSION 1, FORMER TOWN OF BOWMANVILLE FILES: 18T-87030 AND DEV 87-71 I RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-235-88 be received; and 2. THAT the Region of Durham be advised that the town of Newcastle recommends approval of the draft plan of Subdivision 18T-87030 dated as revised September 18, 1987 as revised in red, subject to the conditions contained in I Attachment No. 1 to this Report; and 3. THAT the Mayor and Clerk be authorized, by by-law, to execute the i Subdivision Agreement between Kiddicorp Investments 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 4. THAT the attached amendment to By-law 84-63 be approved; and 5. THAT permission be give to the applicant for the erection of a noise barrier on the north side of Old Highway No. 2 road allowance; and . . .2 REPORT NO. : PD-235-88 PAGE 2 ------------------------------------------------------------------------------- 6. THAT Council approve the exchange of lands (0.3 hectares of Town owned lands) for the over-dedication of parkland provided by the applicant through said application 18T-87030, and that the appropriate Offers of i 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 with respect to the land exchange and subsequent registration between Kiddicorp Investments Limited and the Corporation of the Town of Newcastle; and 8. THAT a copy of Report PD-235-88 be forwarded to the Region of Durham. I 1. BACKGROUND 1.1 In April of 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 proposed the creation of 52 single family units, 88 semi- detached units and 144 townhouse units for a total of 284 residential units. Also proposed in the Plan is a 1.21 ha Neighbourhood Park and a 0.68 hectare block for the expansion of St. Stephen Separate School immediately to the south of the Plan. i 1.2 The proposal is situated on a 15.25 ha (37.68 acre) parcel of land east of Regional Road No. 57, immediately south of the Canadian Pacific Railway tracks, west of Waverly Road and north of St. Stephens School (see Attachment No. 2) . Staff note that this application replaces a previous File: 18T-86055. . . .3 I I I REPORT 0O. : PD-235-88 PAGE 3 _______________________________________________________________________________ 1.3 In September, 1987, a rezoning application (DBV 87-71) was submitted by the applicant in order to implement the proposed Plan of Subdivision. In accordance with departmental procedures and Section 34 of the Planning Act, notice of a Public Meeting was mailed to surrounding land owners. As a result of inquiries from neighbouring residents, m second more detailed notification was moiled, advertising the November 16, 1987 meeting date. 1.4 & residents meeting was held December 16, 1987 in order to further dia0000 the proposal. Representatives from Kiddinocp Investments and the Town of Newcastle Planning Department were in attendance. The iaooaa of concern at this meeting included: density of the proposal; access; school capacity; well interference; existing slope and grades; tree preservation; and fencing. Many letters of concern and objection were also received further commenting on these issues. 1.5 The proponent was required to submit a Noise Feasibility for the proposed subdivision as well as o Well Water Monitoring Report. The Noise Impact Study addresses measures of noise mitigation for the site. Whereas the Well Water Monitoring Report provides insight into the bydcngeVIogy of the area and potential well impact arising from the proposed development. 2. GDIDlOD0DI0Q LAND USES 2.1 The aorcnmodiug land uses are primarily single family residential dwellings. Immediately to the south of the property is a 'uuloc elementary separate school and existing residential dwellings. To the west the property is bounded by single family dwellings which front onto Regional Road 0o. 57. Staff note these dwellings were established on private services. To the north the property is bounded by the CP Rail line and beyond that is undeveloped field up to Highway #2. To the east the property is adjacent to residential dwellings having frontage on Waverly Road. Waverly Road is designated m Collector Road in the Town of Newcastle Official Plan. REPORT 0O. : PD-335-88 PAGE 4 -- _______________________________________________________________________________ 3. OFFICIAL PLAN CONFORMITY 3.1 Within the Durham Regional official Plan, the subject laud is designated Residential. The predominant use of said land shall be for residential purposes, however, schools and parks are permitted uses within said designation. The proposed subdivision conforms. 3.2 Within the Town of Newcastle Official Plan (8ovwnauville Major Urban Area) the subject property is designated Ionv Density Residential, with "Medium Density", "Neighbourhood Park", and "Separate Junior Elementary School" symbols in the general area. Low Density Residential permits development op to a maximum of ]O units Dec net residential hectare. Medium Density Residential permits development up to a maximum of 55 units Dec net residential hectare. 3.3 The proposal would appear to be well within the permitted densities at 35 units per net residential hectare for the townhouse block, and 30 units Dec net residential hectare for the single and semi residential units. The neighbourhood park is indicated to be 1.21 hectares (3.0 acres) or 7.9% of the total area. The Official Plan states that "Neighbourhood Parks" shall not normally be less than 3 hectares in size and shall be provided on the basis of 0.8 hectare per 1000 population. The design population for the neighbourhood is 4000, which when using the park ratio indicated above amounts to 3.2 hectares of parkland for this neighbourhood. The existing pack on the east aide of Waverly Road is 3.03 hectares (5.0 acres) . Therefore, the combined park area would appear to satisfy the Official Plan requirements. 4. AGENCY COMMENTS 4.1 In accordance with departmental procedures, the subject applications were circulated to obtain comments from other departments/agencies. The comments received are summarized below as are the comments obtained from the Regional Planning Department circulation process. ffllw) REPORT 00. : PD-235-88 PAGE 5 _______________________________________________________________________________ 4.2 The following agencies presented no objection or comment to the proposed Plan of Subdivision and Rezoning Application: - Newcastle Hydro - Northumberland 6 Newcastle Board of Education - Ministry of Natural Resources - Ontario Hydro 4.3 Town of Newcastle Public Works tment Works Staff noted no objection in principle to the proposal, however, a site servicing report addressing, amongst other matters, site drainage, lot grading related to existing surrounding dwellings and a preliminary road grade are required. Other iaaoea and conditions of approval over and above the standard requirements include: re-aligning the proposed intersection with Old Highway 0o. 3 to form a horizontal curve; restrict parking abutting Blocks 98, 99 & 100 and the access cnmd across from Lawrence Crescent; incorporating a walkway into the north- west corner of the plan; reconstruct Old Highway 0o. 2; and initiate a groundwater monitoring program. 4.4 Town of Newcastle Fire Department Fire Department Staff raised no objection to the proposals, noting that the subdivision would be within the recommended five mile range. 4.5 Town of Newcastle Community Services Community Services Staff required the applicant to prepare, at his expense, a Park Site Master Plan with two (3) softball diamonds, a playground area with various apParatauo and a walkway connecting the school property with the Park. The play fields are to be graded and water and sewer connections are to be installed at the pack property line. REPORT 00. : PD-335-88 PAGE S _______________________________________________________________________________ 4.6 Central Lake Ontario i Authority Authority Staff have reviewed the site previously under other applications and find the plan now submitted to be generally acceptable. There are however, areas of concern which can be addressed through Conditions of Approval. These include: the need for erosion and sedimentation 000tcnI during the grading phase; the need to ensure the stability of the sloping topography in Lots 84 to 91 and Block 98 after the construction of buildings or other structures in these areas; and to euooce area down grade from those lots do not become prone to flooding. 4.7 Peterborough-Victoria-Northumberland 6 Newcastle Roman Catholic Separate School 8oard The 8nbooI Board has no objection to the proposal and has noted it is interested in acquiring Block I00 for expansion to their present site. The Director of Community Services indicated be will be negotiating with the 8obooI Board with with respect to using pact of this block to augment the overall parkland development in this area. 4.8 Durham Region Public Works Department Regional Works Staff have noted that tolI municipal services are available to the proposed site and that the easement between Imto 91 and 92 be obtained. 4.9 Ministry of Transportation Ministry Staff have noted that the subject property could be impacted should the Canadian Pacific right-of-way be utilized for the GO Train service extension to 8ovonauville. However, the area is not presently under study. REPORT 00. : PD-235-88 PAGE 7 _______________________________________________________________________________ 4.I0(a) Ministry of the Environment Ministry Staff reviewed the Noise Impact Study submitted by the application as prepared by Vibcmu Limited (dated revised October 15, 1987) and found the Study to be unacceptable for the purposes of demonstrating the feasibility of providing an acceptable noise environment within the Plan. 4.10(b) A revised Study was prepared in March, 1988. The revised Study nblcb the Ministry has found acceptable in terms of Noise Control features, proposes to erect the sound barrier on the Town's road allowance. However, this would require Council's endorsement. Should this location be acceptable, the Ministry would offer no objection subject to conditions presented in the report incorporated in the draft approval. 4.1I Canadian Pacific Railway Railway Staff, in providing comments, noted they are opposed to the proposal and that residential development adjacent to the railway right-of-way is not compatible with said operations. However, should the application be approved, they have requested m number of conditions be imposed on the applicant. 4.13 Residents As mentioned in the background of this Report, residents abutting the subject proposal were very concerned about the proposal and attended both o Public Meeting and Residents Meeting in addition to sending letters to the Planning Department outlining their nnucecua. It is not practical to paraphrase each of the letters, therefore the following will attempt to provide a summary of issues expressed: REPORT 0O. : PD-235-88 PAGE 8 4.12 Residents (Coot"d) Density of the proposal and compatibility of townhouses with existing homes; limited aooeoa to the site and the neighbourhood as a whole; school capacity and children safety; well and septic interference and potential costs of connecting to municipal services; and increased traffic. 5^ STAFF COMMENTS 5.1 The circulation process has outlined a number of oouneruo and conditions of approval as expressed by the various agencies and area residents. Of particular 0000ecu is the potential for well interference once development of the subject lands commence. & Bydrogeologist has been retained by the applicant to investigate the bvdzogeology of the area, as well as to monitor existing wells in the vicinity of the subject site. 5.3 The well monitoring program commenced January, 1988 for the dwellings south of the Canadian Pacific Bail line. Private wells north of Highway 0V. 2 have been regularly monitored since November, 1985. The Report indicates that a major groundwater divide parallels the west limit of the site. Thus, groundwater flow through the neighbouring wells is toward the south, rather than through the subject site. The development area lies lateral and slightly down-gradient to the flow of neighbouring wells. 5.3 The Study anticipates no long term impact on well performance as a result of the proposal. However, the limited up-gradient catchment to the shallower bored wells is expected to result in o very large seasonal fluctuation of up to 8 m. Dewateciug carried out at the site, is not anticipated to have any short or long term impact on the adjacent drilled wells. All but two of the bored wells are situated REPORT NO. : PD-235-88 PAGE 9 _______________________________________________________________________________ more than 300 metres up-gradient of the site, beyond any possible drawdo*u influence to dewateciug. The other two bored wells are situated about I0Um west of the southwest corner of the site. The Report anticipates any abort or long term impact to be negligible. 5.4 In the event well interference is experienced due to the construction of a new residential development, Regional policies would waive the frontage charges for owners of existing homes where well interference 0000ra in the event the Region decides to provide municipal water supply services to these homeowners. However, the watermaiu connection obocge and the cost of oouetcootiug the water connection between the property line and the dwelling and any required plumbing alterations are still the responsibility of the homeowners. 5.5 The applicant has agreed that should well interference take place as a result of the proposed development and a watezmoiu is available for connection of water services, the applicant will finance the prevailing connection fee rate as set out by the Region as a goodwill gesture. However, be is not prepared to pay for all coats associated with constructing the water oouueotiVo between the property line and the building as well as any necessary plumbing alterations. 5.6 In terms of density, the proposal is well below the permitted 30 and 55 units per net residential hectare permitted for the Low and Medium Density allocation respectively. The Medium Density development would appear to comply with 9ovmz policies. Staff further note, it is Town policy that the developer erect, at his expense, a 1.8 metre privacy fence along the conxnmu property line of the existing dwellings and the proposed lots. 5.7 &ooeoo to the site is provided at three (3) different points, although old Highway 0o. 2, the Lawrence Street extension and Rhonda Avenue all eventually lead to various points on Waverly Road. Waverly Rood is designated as a Collector Road and designed to function in such a capacity. Staff is satisfied that there are sufficient anoeoa points provided to the proposed subdivision. The present proposal is an iofiIliug situation complying with existing policy. REPORT 00. : PD-235-88 PAGE 10 _______________________________________________________________________________ 5.8 The goeotiuu of anbooI capacity is a problem throughout the Province, in which school boards do not have adequate funding for capital works required for o new aoboml to be constructed and in plane prior to residential development occurring. Notwithstanding, the proposal has designated a Block for expansion to the existing separate school, which the oobuuI board has shown interest in acquiring. In addition, proposals to the west of Regional Road 57 and south of the C.P.R. tracks designates three (3) school locations. 5.9 The Conservation Authority identified the western slope of the subject property and development proposed thereon as their major concern. Authority Staff requested conditions of draft approval to address slope stability and erosion ooutcol. They further noted that any accessory development on the sloped lands require a permit from Central Lake Ontario Conservation Authority. The Town of Newcastle Public Works Department has also identified oonoecua regarding the grade of the subject lauds and will require a site servicing report be submitted, addressing the issues of site drainage, lot grading and preliminary road grading. 5.10 Public Works Staff have also red-lined the proposed plan, altering the proposed road alignment where Rhonda Boulevard intersects with Old Highway 0V. 2. Further red-line revisions will alter the lotting sequence and size in order to accommodate m walkway in the north-west corner of the proposed plan. The walkway will provide access to and from Regional Road 0V. 57, via the Old Highway No. 2 right-of-way. (The walkway is to be developed by the applicant at his coat) . Public Works Staff has also required a groundwater monitoring program be undertaken a minimum of one (l) year prior to the start of any construction. The Program should be recommended by a 82drogeoIogiot and approved by Public Works. As noted earlier, the applicant has commenced this well monitoring program. REPORT N0. : PD-335-88 PAGE ll _______________________________________________________________________________ 5.1I The major n000ezuo identified by both the Ministry of the Environment and the Canadian Pacific Railway, is the proximity of the development to the railway tracks. The Ministry requested a Noise Feasibility Study be completed to their satisfaction prior to draft approval. The Canadian Pacific Railway has outlined a total of eight (8) conditions to be imposed as conditions of approval for the proposed development. The Noise Study originally submitted by the applicant was not acceptable by Ministry standards. 5.12 & revised Noise Study was submitted and reviewed by the Ministry of the Environment Staff. They were satisfied with the noise mitigation measures outlined, however noted that the proposal would cause some of the barrier to be erected on Town property, on the ouctb aide of Old Highway 0o. 2. Town Staff have reviewed this option and would offer no objection, however, this will require Council approval. 5.13 The applicant has requested Town Staff to review the possibility of m land transfer involving parkland over-dedication and part of the Old Highway 0o. 2 road allowance (see attached) . The proposed parkland dedication (Block 99) is equal to 1.21 hectares (2.99 acres) or 7.93% of the subject area. The Planning Act stipulates 5% of the oob 'aot area or 0.76 hectares (1.88 acres) as the maximum parkland a municipality may request. Tbecefucar there is an over-dedication of 0.45 hectares (l.lI acres) of parkland within the Plan. 5.14 In exchange for the over-dedication, the applicant is interested in acquiring 0.3 hectares (.73 acres) Town owned lands at Old Highway 0V. 2. Should the land transfer take place, the applicant would be able to create three (3) additional lots in the vicinity of Block 97^ 5.15 Staff are agreeable to the land transfer since the old Highway 0o. 3 road allowance is surplus to the Town's need. In addition, the Town is gaining 0.15 hectares (0.37 acres) as o result of the land exchange. REPORT 00. : PD-235-88 P&QD 12 _______________________________________________________________________________ 5.16 Should Council be agreeable to the above proposed land exchange, Staff would have no objection, provided the applicant not pursue any further onnpeuaatimo for any remaining over-dedication of parkland and undertake the preparation of a Park Master Plan and grading to the f the Director of Community Services. 6. CONCLUSION 6.1 In consideration of the comments contained within said report, Staff would now have no objection to the approval of the proposed Plan of Subdivision, as red-line revised, and subject to the conditions of draft approval as contained on Attachment 0o. l annexed hereto. 6.2 Furthermore, Staff would have no objection to the approval of the attached zoning by-law amended, an applied for. The amending zoning by-law would provide for the appropriate zone categories to implement the above-noted Plan of Subdivision (18T-87030) . Staff note that removal of the "Holding (B)n prefix will require Ououoil approval, at such time as the Subdivision Agreement in registered. A rezoning application will not be required in order to finalize the zoning at such time. Respectfully submitted, Recommended for presentation to the Committee -------------------------- !Chief - ----------------- Fzmukliu Wu, M.C.I.P. Kotaeff Direotoc of Plauuiug 6 DevelnImeot &d i iatrative officer CP*FW* 'ip *Attach. October 25, 1988 CC: Kiddicozp Investments Limited 1748 Baseline Road Group 10' Box 7 R.B. #3 80WM&0VILLE' Ontario LlC 3K3 REPORT 0O. : PD-235-88 P&QB 13 _______________________________________________________________________________ CC: D.G. Biddle 6 Associates Ltd. CC: Fredrick 6 Marion Wright 96 King Street East 26 Martin Road 08BQ&YA, Ontario D.R. #6 LIB 1B6 80WM&0VILLE, Ontario LlC 3K7 Jay 0imigou The Society of Management Clair & Evelyn Allen Accountants of Ontario 30 Martin Road 70 University Avenue 8OWMANVILLE, Ontario Suite 300 LIC 3K7 TORONTO, Ontario yYSJ 3M4 George & Ruby Vice 34 Martin Road South Mary McBwnu B.B. #6 3 Martin Road, Box 126 8OWM&0VILL8, Ontario 8{WMA0VILLE, Ontario LlC 3K7 LlC 3R9 Frederic Jauama Ralph 6 Bacbar Jane Tokher 38 Martin Road South 4 Martin Rood B0WM0NVZLLEr Ontario 8{WM\N7ILLE, Ontario LIC 3K7 LlC 3K9 Harvey 6 Pamela Snyder Josef Klemeucic 43 Martin Road 311 Cumberland Court BOWM&0VILLE, Ontario 0SBAWA, Ontario LlC 3K7 LIB 8E7 John & Iekm Vaudeckuoi John Martin Vaudergmaat 46 Martin Road lO Martin Road R.R. #8 BOWMANVZLLE' Ontario B0WMANVZLLO, Ontario LlC 2B5 LlC 3K7 Lewis & 8bezcy Whyte 14 Martin Road B0WMAN7ILLB^ Ontario LlC 2B5 Gertrude Beffer 18 Martin Road 8OWMA0VILLO, Ontario LlC 3K5 Margaret Jane Brinkman 4 Martin Road B.B. #6 B0WMANVILLEv Ontario LlC 3K7 Hilda Smith 24 Martin Road R.R. #6 DOWMAN7ZLLB, Ontario LIC 3K7 ATTACHMENT NO. 1 - REPORT PD-235-88 KIDDICORP INVESTMENT LIMITED PLAN OF SUBDIVISION 18T-87030 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION PLAN IDENTIFICATION 1. That this approval applies to draft Plan of Subdivision 18T-87030, prepared by Donevan & Fleischmann Company Limited, dated revised September 18, 1987, and further revised in red as per the attachment plan showing lots 1 to 52 inclusive for single family detached dwellings, lots 53 to 96 inclusive for semi-detached or link dwellings, Block 98 for a 144 unit multiple housing block, Block 99 for parkland, Block 100 for school expansion, and various blocks for reserve and road widenings. FINAL PLAN REQUIREMENTS 2. That all streets within the Plan of Subdivision shall be dedicated as public highway and shown as such on the final plan. 3. That all streets be named to the satisfaction of the Town of Newcastle and shown on the final plan. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 4. That the Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Public Works and the Director of Planning and Development for review and approval. The Landscaping Plan shall reflect the design criteria of the Town as amended from time to time. 5. That the Owner shall retain a qualified landscape architect to prepare and submit a Park Site Master Plan to the Director of Community Services for review and approval. The plan shall include Blocks 99 & 100 and shall indicate two (2) softball diamonds each with 275 ft. baselines, a playground area with various apparatus (ie) swings, teeter totters, slides etc. and further a walkway connecting the school property with the park and the park with the adjoining development to the north. The said Plan shall reflect the design standard of the Town as amended from time to time. I 6. That the Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Director of Public Works for review and approval. All plans and drawings must conform to the Town's Design Criteria as amended from time to time. . . .2 i i J- Page 2 of ATTACHMENT NO. 1 - REPORT PD-235-88 KIDDICORP INVESTMENT LIMITED PLAN OF SUBDIVISION 18T-87030 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION 7. That the Owner shall retain a qualified consultant to prepare and submit a Tree Preservation Plan to the Director of Planning and Development for review and approval. 8. The Owner shall obtain Central Lake Ontario Conservation Authority approval of an erosion and sedimentation control plan for the subject lands prior to the commencement of site preparation. 9. The Owner shall obtain Central Lake Ontario Conservation Authority approval for lot/block grading plans for the site, and drainage plans for the subject property. These plans are to indicate that flows resulting from snowmelt and the 100-year storm will be directed from the site without subjecting buildings or adjacent properties to flooding. 10. The Owner shall engage the services of a consultant to complete a noise study recommending noise control features satisfactory to the Ministry of Environment and the Town of Newcastle. REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 11. That the Owner shall enter into a Subdivision Agreement with the Town and agree to abide by all terms and conditions of the Town's standard subdivision agreement, financial and otherwise, including, but not limited to, the requirements that follow. 12. That all easements, road widening, and reserves as required by the Town shall be granted to the Town free and clear of all encumbrances. 13. That the Owner shall dedicate Block 99 for park purposes and further agrees to provide for grading and sodding etc. in accordance to the Park Site Master Plan at no cost to the municipality. No building permit, above and beyond twenty-five percent (250) of the entire subdivision, will be issued by the Town if the park is not completed to the satisfaction of the Director of Community Services. 14. That the Owner shall pay to the Town, at the time of execution of the Subdivision Agreement, development charge levy and any other charges in effect at the time of executiuon and further agrees to abide by the Town's payment schedule as amended from time to time. 15. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Town's standards and criteria. 16. That the Owner shall cause all utilities, including hydro, telephone, Cable TV, etc. to be buried underground. . . .3 c i Page 3 of ATTACHMENT NO. 1 - REPORT PD-235-88 KIDDICORP INVESTMENT LIMITED PLAN OF SUBDIVISION 18T-87030 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION 17. That the Owner shall provide the Town, at the time of execution of the subdivision agreement, Letters of Credit acceptable to the Town's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as may be required by the Town. 18. That the applicant be responsible for acquiring, free and clear of all encumbrances, an easement for Regional Municipality of Durham for the installation of a watermain along Old Highway No. 2 right-of-way. 19. That prior to the issuance of building permits, the Owner shall, through its acoustic engineer, to provide a certification to the Director of Planning, certifying that the Builder's plans are in accordance with the Noise Control Report as approved by the Ministry of the Environment and the Town of Newcastle. 20. That prior to the issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner agrees 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. 21. That the Owner shall provide a continuous well monitoring program during the construction; of the subdivision and further agrees that where the well or private water supply of any person is interfered with as a result of construction or the development of the subdivision, the Owner shall at his expense, pay for the watermain connection charge to those affected homeowners should the Region choose to provide municipal water supply services to the affected homeowners as a mean of alleviating the impact of well interference. 22. The Owner/Developer agrees not to place or remove fill or carry-out grading on the site without the written approval of the Central Lake Ontario Conservation Authority. 23. The Owner/Developer agrees not to locate structures other than residences on lots 84 to 91 without the written approval of the Central Lake Ontario Conservation Authority. 24. The Owner/Developer agrees to develop Block 98 in accordance with development plans approved by the Central Lake Ontario Conservation Authority. . . .4 Page 4 of ATTACHMENT NO. 1 - REPORT PD-235-88 KIDDICORP INVESTMENT LIMITED PLAN OF SUBDIVISION 18T-87030 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION 25. That on-street parking be restricted abutting Blocks 98, 99 and 100, as well as the access road across from Lawrence Crescent. 26. That the applicant be responsible for the reconstruction of Old Highway #2 from the plan of subdivision to the Waverly Road intersection. 27. Ministry of the Environment shall be notified by a copy of the fully executed subdivision agreement between the developer and the municipality that the noise control features recommended by the acoustical report and approved by the Ministry of the Environment and the Town of Newcastle shall be implemented as approved, by requirements of the subdivision agreement. 28. That the developer be responsible for installation of water and sewer connections at the park entrance on the south east side along the proposed road. 29. That the developer be responsible for the erection of a 6 foot privacy fence along the north and west boundaries of the park. 30. That the developer be responsible, at his cost, for the removal of all buildings, save and except for the structure to be incorporated as Lot 37 of said Plan. 31. In the event that a slight noise level excess will remain, despite the implementation of the noise control features, the following warning clause shall be included in a registered portion of the subdivision agreement for subsequent inclusion on Offers of Purchase and Sale for the affected lots. "Purchasers are advised that despite the inclusion of noise control features within the development area and within the individual building units, noise levels may continue to be of concern occassionally interfering with some activities of the dwelling occupants." 32. Ground vibration transmission to be determined through site tests. If in excess of acceptable levels, all dwellings within 75 metres of the nearest track should be protected, possibly by means of rubber pads installed between the foundation and occupied portion. The vertical natural frequency of the structure on the pads should not exceed 12 Hz. 33. Clauses to be registered on and run with the title of all properties within 300 metres of our right-of-way warning prospective purchasers on the Railway's presence and also that the Railway will not take responsibility for complaints as a result of noise, vibration, air quality, etc., generated by present and/or future operations. . . .5 I I Page 5 of ATTACHMENT NO. 1 - REPORT PD-235-88 KIDDICORP INVESTMENT LIMITED PLAN OF SUBDIVISION 18T-87030 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION 34. There shall be no increase or change in the direction of natural drainage affecting Railway property without first obtaining written consent from the Railway. 35. 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. 36. A 6' high chain link fence be constructed and maintained along the common property line of the railway and the development, by the developer at his expense, wherever no sound barrier is constructed, 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. 37. That the Owner agrees not to seek any further compensation for any parkland over-dedication resulting after the land exchange is finalized. I i i i I C1�2.�FT 1-:DZ_,41V CD/- SUBO�1��/S/ON OF Fa.piQT QF LOT I4� ..�/�;f=.SSIOIN/� FU2�E/2LV _ ( IN Tt-/E TpWN (�- B�v>ti24/✓V,'LL.E M'�4n//N 7T-�•_ � _ TC�7ln/N O� /�/EWC�4S'TL.E rsrr��.c-o:arn✓.c�S.-o.,.�.,o•..r:.��.,x�_._�,.. .Q�`.��:C>nJ.AL MG.✓'J.r✓RgL/'7Y r%�4CJRH.4M �>car'd-i o:..•.o....n�.=_e+��vg i / ✓ ",� `' "" ; I e ice` _,- _SP i � • �JO ? epm •t ( •� p � � ,. I r.ik P 1 ji ��;i� e�°/ �f� �` �(�J '''. ,\ /i1 i\ .�� 1 Ri 7r.4_ i � �`�`• \ � IUUI II . I 4o' JL I 1 I: � - I- �•` i, f i � �'Y I ( .-.=:tip-P��n.r I � � •c f. _-..— 1 V .aoorrio�eo u ..,.�•avruarrv�� j L-21 I• w_` { I•��j ' --l--�__.�. �� f 1D.» J I —+ d ru_rmc4-, �a�;s':-acres-.-.-.�. -V 77 '3 '1 ,•�� i -� c wcsr�oa:.�.1- .ef_s-..�e>vr..v. 0 All {al \ I 1 I • .� i � ' •. �W- I ,f ire]=SnAwv�l-�L]4sc/f v 3 I ,' •�' � � � \. \, i ' a � I P < ��- rre.¢.y r.u.�;��c�cr-.�=..��T: YT- :�, ? ,'•1 ' II� � � / � III� � .4 ,D 0 1 Q� Lc1rs I�a�_.�..._x.:-vGV owEC.ce�.c�=; I� V 3 � I •`,`'`'`II ' � �i j •J � it 1 I ��-:_-,,=-�.s.�-,�.... I(�;�� u-�^�.:._' �. I ! \ \� l�� i b -2• i { �.no:Gc,- ��=.Yh�..c.scnc-mac �Wy /--_ ill;%1 � , (� � \i � , /�,_ I ---�— �OVC ro� r+:�.�'.�..G.�•cJCIShG • � ' I t 1 ' \ V �.../ �i / .oaf ,J I I 1..._, ccr�cic .vim:w.c.t i.¢i l.�. Cao�J 1 -�_ 1 � 1� `,� � V ;3 •C ��. ' d// k• L I —�. °ux"c Boa :> .._c��.rc�na..G I _ { ,'�1• .\�1� ' �/ ��- ••J� 1.� //ail A' Ia i`9 1 _ I Qtr!}' ��, 1 I /I• ��\ ��.v" •r0�C r'-_�r s>.a.FE_ O�.m/<_RS GERM:r�LaTE I � \ RIL rt.FaEa7 �'�--.•.Jam.... I ♦..F aO�LC Gb>�= .Fi��,O.Ls RGC.in.��dam-- .c•�:y F�4 A.4�O�AC�t-. hwES-'r7EN7S L/•'J/TEO ppn�EVA/�/ .Mrs F`..E/SCH/�t/�NN �o c�-a,s�.arc-.::r_T COr-�P.c.�.•.• �I!�-•��TEo OQ..•'-_n.W�LLC.�:vs',L�'SY) O'�Ti4R C7 Ld+.ti's�-.�R\�`rt� TEL.(.:.eJ .23-.2.:f_Ti � /I OVT�:O��K ��_ ��v PhCa• :L�e=V_i L� : - • lf.�C-----� A/�iL 9-/qA-1 �.L-L•s f/_7/=1�a �� & r�� & ��k � N � , � � �. Se qo Gr MA ZL W4 L | 4 ` ----' ------ ' | x 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 recommends to the Region of Durham for approval of draft Plan of Subdivision 18T-87030; and 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 to implement the draft Plan of Subdivision; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Schedule' 113" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding - Urban Residential Type One ((H)Rl)" to "Holding - Urban Residential Type One Exception ((H)R1-20)11; "Holding - Urban Residential Type Two ((H)R2)" to "Holding - Urban Residential Type One Exception ((H)R1-20)"; "Holding - Urban Residential Type Two ((H)R2)" to "Holding - Urban Residential Type One ((H)Rl)"; I "Holding - Urban Residential Type Two ((H)R2)" to "Holding - Urban Residential Type Four ((H)R4)11; and "Holding - Urban Residential Type One ((H)Rl)" to "Holding - Urban Residential Type Four ((H)R4)". 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 day of 1988 BY-LAW read a second time this day of 1988 j BY-LAW read a third time and finally passed this day of 1988. MAYOR I I CLERK I This is Schedule "x" to By-law 88--, passed this day of—, 1988 A.D. LOT 14P� ( it I,Ex Ist ing'(H)RI'Zon F_0 /114 C) 7 4 1 !7 W § ExIstinC I � 0 Z lui MR4 Zone A_ =ZONING CHANGE FROM'(H)R2' TO'(H)RI-20' IMZONING CHANGE FROM'(H)R2' TO'(H)Rl' EM ZONING CHANGE FROM'(H)R2' TO'(H)R4' ZONING CHANGE FROM'(H)RI 'TO'(H)R4' Mayor ZONING CHANGE FROM'(H)RI' TO' (H)RI-20' Glad( LOT 15 LOT 14 LOT 13 EP RE (-H)MI A-13. E C1 R1 R1 8 1 W 0 E W 16 _j Z z 2 2 0 W RI W Z W A 0 R 1 " 0 50 100 200 300. BOWMANVILLE som 0 15 DN: B/L 04) 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 to allow a transfer of 0.3 hectare parcel of old Highway No. 2 road allowance to Kiddicorp Investments Limited in association with the approval of Plan of Subdivision 18T-87030. 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 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 I I 1 i ozm O co % ` �(♦� ep :bi tcti`�n'.�='L'r"<.C':++f'b"±tii:; :,`.vi'F.�"��irr.:•.;....�;r':=. r.'a�. K,,. -�� r � �� / !' c � CONCESSION I - U ' �, '_0 As DN: B/L THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 88- being a By-law to authorize the entering into of a Subdivision Agreement between 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. I MAYOR i CLERK i i