HomeMy WebLinkAboutPD-141-85 4 p �C• X&
CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director
HAMPTON,ONTARIO LOB 1JO TEL.(416)263-2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF OCTOBER 21, 1985
REPORT NO.: PD-141-85
SUBJECT: PROPOSED PLAN OF SUBDIVISION - 18T-85020
APPLICATION FOR REZONING - DEV 85-22
BEING PART OF LOT 15, CONCESSION 3, FORMER
TOWNSHIP OF DARLINGTON - 542985 ONTARIO LIMITED
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
I . That Report PD-141-85 be received; and
2. That the Region of Durham be advised that the Town
of Newcastle recommends approval of Plan of
Subdivision 18T-85020 dated July 5, 1985, as revised
in red, subject to the conditions contained in
* Attachment No. 1 to this Report; and
3. That application for rezoning in respect of Part of
Lot 15, Concession 3, former Township of Darlington
* be approved, and that the attached by-law to amend
By-law 84-63 be forwarded to Council for approval ;
and
* 4. That the attached by-law authorizing execution of a
Subdivision Agreement between 542985 Ontario Limited
and the Corporation of the Town of Newcastle be
approved; and
. . .2
REPORT NO. . PD-141-85 Page 2
5. That the Mayor and Clerk be authorized to execute
the Subdivision Agreement between 542985 Ontario
Limited and the Town of Newcastle at such time as an
agreement has been finalized to the satisfaction of
the Director of Public Works and the Director of
Planning; and
6. That a copy of Staff Report PD-141-85 be forwarded
to the Region of Durham.
BACKGROUND AND COMMENTS:
Amendment No. 131 to the Official Plan for the Regional
Municipality of Durham Planning Area was approved by the Ministry
of Municipal Affars and Housing on June 24, 1985. The purpose of
said amendment to the Durham Official Plan was to permit the
development of a maximum of fourteen (14) Estate Residential
lots. Staff would note for Committee' s information that the
Estate Residential lots will be developed in conjunction with the
approved Plans of Subdivision (10M-755 and 1OM-763) to the
immediate south.
Subsequent to, and in consideration of the Official Plan
Amendment as stated above, on August 6, 1985 the Newcastle
Planning Department received notice, through the Region of Durham
Planning Department, of an application for subdivision approval
for an eleven (11) lot estate development. In addition to the
above, a rezoning application was filed with the Town on July 31,
1985.
SUMMARY OF CIRCULATION COMMENTS
In accordance with departmental procedures, the subject
application was circulated to all concerned departments and
agencies to obtain their comments. The comments, as received,
. . .3
REPORT NO. : PD-141-85 Page 3
are summarized below. Staff would note for the Committee's
information that the comments, as summarized below, address the
rezoning and plan of subdivision applications.
Ministry of Natural Resources - (August 20, 1985)
"Thank you for the opportunity to review this rezoning
application. Our comments and concerns are similar to those
outlined previously on March 11, 1985 and March 19, 1985 in
Official Plan Amendment 85-4/D.
The Bowmanville Creek and its associated valley system cross the
western portion of the subject property. This system is
contained within Block 15 of the draft plan of subdivision
18T-85020. Currently, Zoning By-law 84-63 (Town of Newcastle)
appropriately zones the valley lands as Environmental Protection.
Bowmanville Creek is an important coldwater trout stream and is
sensitive to water quality degradation. Soil erosion and
stormwater drainage should be carefully controlled both during
and after construction so as to minimize the potential reduction
of water quality and the loss of fish habitat.
The Ministry of Natural Resources has no objection to the estate
residential zoning of Lots 1 to 11, inclusive. However, we
recommend that Block 15 remain in the Environmental Protection
zone. When we respond to the draft plan of subdivision, we will
ask for conditions of approval to address the concerns outlined
above."
Ministry of Natural Resources (September 23, 1985)
"Ministry staff have reviewed the proposal , inspected the site
and examined previous files. While we have no objections to the
principle of development on this site, we do have concerns which
should be addressed prior to the approval of the plan.
Bowmanville Creek traverses the western portion of the site. The
Creek and its associated valley system are located in Block 15 of
the plan. Bowmanville Creek is a significant coldwater trout
stream and is sensitive to water quality degradation. During our
site visit, it was noted that the eastern slope of Bowmanville
Creek located to the rear of Lots 10 and 11 of the plan is
unstable. Slumpinig exists and debris such as concrete blocks
and dead trees have fallen down the slope and into the
floodplain. This slope should be stablilized in order to prevent
further erosion and subsequent siltation of the Creek.
. . .4
i
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REPORT NO. : PD-141-85 Page 4
Currently, the Bowmanville Creek valleylands are zoned
"Environmental Protection" in Zoning By-law 84-63 (Town of
Newcastle). however, any grading or filling works on the site
should be carefully controlled both during and after
construction.
Recommendations:
Based on the above, this Ministry has no objections to the
approval of this draft plan of subdivision, subject to the
following conditions:
1. Prior to any grading or construction on the site, the owner
shall erect a snow fence or other suitable barrier along the
boundary between Block 15 and Lots 3, 4, 5, 6, 9, 10 and 11.
This barrier shall remain in place until such time as all
grading, construction and landscaping of the site are
completed and shall be maintained to prevent the placement of
fill or removal of vegetation within the valleylands of
Bowmanville Creek.
2. Prior to any grading or construction on the site, the owner
shall prepare a soil erosion control plan, which will be
acceptable to the Ministry of Natural Resources. This plan
will show all proposed surface drainage works, and will
describe the means to minimize soil erosion and the direct
discharge of stormwater flow into Bowmanville Creek, both
during and after construction. This plan will also indicate
the means by which the eastern slope of Bowmanville Creek,
located to the rear of Lots 10 and 11 of the plan, will be
stabilized to minimize future erosion of this slope.
The Subdivision Agreement between the owner and the Municipality
shall contain the following provisions in wording acceptable to
this Ministry:
a) That no damming, dredging or other alterations will be
carried out on Bowmanville Creek without the prior written
authorization of the Ministry of Natural Resources.
b) That the owner agrees to construct and maintain the snow
fence on the site as required in Condition 1.
c) That the owner agrees to implement the erosion control plan
for the site as required in Condition 2.
d) That the owner provide certification by a professional
engineer that the works required in Condition 2 above, have
been completed satisfactorily.
. . .5
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REPORT NO. : PD-141-85 Page 5
In order to expedite the clearance of these conditions, a copy of
the signed Subdivision Agreement should be sent to the District
Manager, Ministry of Natural Resources, Lindsay District Office."
Central Lake Ontario Conservation Authority (August 15, 1985)
"The Authority staff have previously reviewed this site as an
Official Plan Amendment application No. 85-4/D. The site is
presently subject to Ontario Regulation 161/80 as administered by
the Central Lake Ontario Conservation Authority.
The valleyland west of the residential lot limits shown on the
draft plan submitted dated July 5, 1985, is classed as having
high environmental sensitivity in the Authority's Environmental
Sensitivity Mapping Project due to the steep banks, erosion
susceptibility, forest cover and its function as wildlife habitat
and movement corridor and the presence of a warm water fishery.
This valleyland is shown as Block 15 and is to be left in
Environmental Protection zoning and dedicated to the appropriate
public agency as part of a greenbelt park system if possible.
Should 18T-85020 receive draft approval , the following conditions
should be applied on our behalf:
1. No grading, filling, construction, alteration to a
watercourse or alteration to vegetation shall occur on the
site without the written permission of the Central Lake
Ontario Conservation Authority.
2. The owner shall agree in the subdivision agreement:
(a) not to apply for a building permit on any lot until a
site plan indicating existing and proposed grades, site
drainage, locations of buildings and tile fields has
received the approval of the Central Lake Ontario
Conservation Authority.
(b) to carry out or cause to be carried out the development
of each lot according to plans approved by the Central
Lake Ontario Conservation Authority."
Central Lake Ontario Conservation Authority (August 16, 1985)
"The Authority staff have no objection to the 11 proposed lots
being zoned suitably for estate residential uses.
Block 15 containing valleylands considered to be of high
environmental sensitivity in the Authority's Environmental
Sensitivity Mapping Project is to be left in the existing
Environmental Protection zoning."
. . .6
juC��
REPORT NO. : PD-141-85 Page 6
Region of ,Durham Works Department
"The Regional Works Department has reviewed the above-noted draft
plan and wish to provide comments as follows:
Municipal water supply and sanitary sewer services are not
available to the subject land and the Regional Works Department
has no plans within its capital budget to extend said services
into this particular area of the Town of Newcastle. Therefore,
individual wells and private waste disposal would appear to be
the only available method of servicing.
In view of the fact that the proposal will proceed on the basis
of drilled wells and septic tanks, we have no objection to
further processing of this draft plan.
The following Regional Municipality of Durham Works Department
conditions shall be compeied with prior to consent by the Works
Department for registration of the plan of subdivision and said
conditions shall form part of the Subdivision Agreement:
(a) That the subdivider pay for those service charges and
development charge levies which are in effect at the time of
registration of any portion of this plan. Said service
charges shall pertain to those services which are the
responsibility of the Regional Municipality of Durham.
(b) That the owner agrees in writing to satisfy all the
requirements, financial and otherwise, of the Region of
Durham concerning the provision of roads and other Regional
services."
Town of Newcastle Fire Department
"The Fire Department has no objection to the above-headed
application. Consideration should be given to Report PD-40-84,
Fire Protection Requirements for Rural Development. Response to
this location is from Station #1, Bowmanville and water would be
supplied by Fire Department tank truck."
Ontario hydro
"We have no objection to the approval of this application."
. . .7
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REPORT NO. : PD-141-85 Page 7
Town of Newcastle Works Department
"We have reviewed the application for Plan of Subdivision as
noted above, and we have no objection subject to the following
conditions:
1. That all works are completed in accordance with the Town of
Newcastle's Design Criteria and Standard Drawings;
Z. That any easements required by the Town be granted free and
clear of any encumbrances;
3. That the road widening, 0.3m reserve and sight triangles as
shown on the draft plan, and an additional road widening and
0.3m reserve on Block 15 as shown in red on the attached
plan, is granted to the Town;
4. That the developer will bear the costs of any works on Old
Scugog Road which are necessitated as a result of this
development, to the satisfaction of the Director of Public
Works;
5. That the utility distribution on the cul-de-sacs (Hydro,
Bell , Cable TV, etc. ) be installed underground (both primary
and secondary services) ;
6. That the developer contributes to the cost of reconstructing
Old Scugog Road in accordance with Town Policy;
7. That the owner meet all the requirements of the Public Works
Department financial and otherwise;
8. That the owner enter into a Development Agreement with the
Town, and that this department be kept informed of the status
of same at all times;
9. The developer should be required to provide street lighting
along Old Scugog Road and the cul-de-sac;
10. All of the other standard requirements re: Lot Grading,
Schedules of Work, Performance Guarantees, Cost Estimates,
etc. , be included in the Subdivision Agreement."
Staff would note for the Committee' s information that the
following departments/agencies had indicated no objection to the
. . .8
REPORT NO. : PD-141-85 Page 8
proposal through the application to amend the Durham Regional
Official Plan.
i ) Ministry of Agriculture and Food
ii ) Town of Newcastle Community Services
iii ) Region of Durham Health Unit
iv) Peterborough-Victoria-Northumberland and
Newcastle Roman Catholic Separate School Board
To that end, the conditions of draft approval (Attachment No. 1
to this report) reflect their concerns to be addressed through a
Subdivision Agreement, should Committee and Council approve the
applications.
STAFF COMMENTS:
Council , at the April 22, 1985 endorsed the following
recommendation.
"That the Region of Durham be advised that the
Town of Newcastle has no objections to the
redesignation of the lands subject to Official Plan
Amendment application 85-4/D for a maximum of four-
teen (14) estate residential lots."
To that end, the Ministry of Municipal Affairs and Housing
approved Amendment No. 131 to the Durham Regional Official Plan
on June 24, 1985. As Committee may recall , within Staff's Report
PD-57-85, re: Official Plan Amendment application 85-4/D, Staff
noted that as this proposal is an extension of the previous plan
and is being developed by the same developer, it is not
unreasonable to permit a density transfer which would facilitate
the development of the lots being proposed. Based upon this
rationale, Staff have no objections to the proposal subject to
. . .9
Im REPORT NO. : PO-141-85 Pa 9 e 9
any necessary lot line adjustments to ensure a minimum lot size
of 3,200 square metres. Staff, in arriving at this minimum lot
size, indicated that the average lot size of the estate
development to the south was 3,599 square metres whereas the
average lot size of the fourteen (14) lots within the Official
Plan Amendment application was approximately 3,275 square metres.
In reviewing the plan of subdivision and rezoning application
presently before Committee, Staff noted that the average lot size
had been decreased to 3,144 square metres. Upon requesting the
Consultants for clarification as to why a Plan of Subdivision was
not submitted which reflected this requirement, Staff was advised
verbally that, upon the completion of a more detailed examination
and limitation of the top of bank, in consultation with the
Central Lake Ontario Conservation Authority Staff, it was
determined top of bank was, in fact, further to the east thereby
reducing the developable land by approximately 9 percent.
Staff would note that the eleven (11) lots shown on the draft
plan are representative of the total number of lots proposed in
the Official Plan Amendment application located to the south of
the existing residence on Old Scugog Road. The additional three
(3) lots approved in the Official Plan Amendment application were
originally shown to the north of the present Plan of Subdivision,
but have not been incorporated in either the plan of subdivision
or rezoning application as submitted.
Within the conditions of draft approval , being Attachment No. 1
to this report, Committee will note that Staff have incorporated
the necessary provisions as addressed within each proposed plan
of subdivision to the effect that the Durham Regional Health Unit
and Ministry of Environment are to be satisfied with respect to
the provision of individual services - drilled wells and septic
systems, and the availability of an adequate supply of potable
. . .10
REPORT NO. : PD-141-85 Page 10
water. The Hydrologist Report is to discuss the possibility of
cross-contamination of wells from septic effluent and is to
address, in conjunction with the availability of an adequate
water supply, the potential depth of said wells. Staff would
note that, similar to the subdivision applications to the south,
the inclusion of the above-noted provisions provides an
opportunity by which the appropriate authorities may review and
approve said services in consideration of their respective
responsibilities.
Staff has no objections to the approval of the Plan of
* Subdivision subject to the conditions set out in Attachment No. 1
to this report, nor to the approval of the implementing Zoning
By-law amendment. Accordingly, Staff are therefore recommending
that the Region of Durham be advised that the Town of Newcastle
has no objections to the approval of draft Plan of Subdivision -
18T-85020 subject to the specific conditions which are outlined
* in Attachment No. 1 to this report, and secondly, that the
attached by-law amendment be forwarded to Council for approval .
Respectfu ted,
T.T. Edwards, M.C.I .P.
Director of Planning
LDT*TTE*jip
*Attach.
October 2, 1985
cc: D.U. Biddle & Associates Ltd.
96 King Street East
OSHAWA, Ontario
L1H 1B6
cc: 542985 Ontario Limited
C/O B. VanAndel
429 Lakeshore Blvd.
PORT PERRY, Ontario
LOB 1NO
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ATTACHMENT NO. 1 TO REPORT PD-141-85
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-85020
1. That this approval shall apply to a draft Plan of Subdivision
dated July 5, 1985, as revised in red, prepared by D.G. Biddle and
Associates Limited, Consulting Engineers.
2. That the developer enter into a Subdivision Agreement with the
Town of Newcastle.
3. That the Owner grant to the Town, free and clear of all
encumbrances, all easements and dedications as requested.
4. That the Owner agrees to pay, to the Town of Newcastle, the cash
value of the five percent (5%) parkland dedication in lieu of
parkland dedication.
5. That the works be designed and constructed in accordance with the
latest Town of Newcastle Design Criteria and Standards.
6. That the road allowances included in this draft plan be dedicated
as public highways.
7. That the road allowances in the plan be named to the satisfaction
of the Town of Newcastle.
8. That the Owner agrees to satisfy all other requirements of the
Town of Newcastle; financial or otherwise. This shall include,
among other matters, execution of a Subdivision Agreement between
the Owner and the Town concerning the provision and installation
of roads, services, drainage etc.
9. That the necessary amendment to By-law 84-63, as amended, Town of
Newcastle, be approved and in effect. Furthermore, that Block 15
is to be left in the existing "Environmental Protection" zone.
10. That the Owner agrees:
a) to satisfy the requirements of the Central Lake Ontario
Conservation Authority as specified below:
i ) No grading, filling, construction, alteration to a
watercourse or alteration to vegetation shall occur on the
site without the written permission of the Central Lake
Ontario Conservation Authority.
. . .2
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Page 2 of ATTACHMENT NO. 1 TO REPORT PD-141-85 1
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-85020
10. ii ) Not to apply for a building permit on any lot until a site
plan indicating existing and proposed grades, site
drainage, locations of buildings and tile fields has
received the approval of the Central Lake Ontario
Conservation Authority.
iii ) to carry out or cause to be carried out the development of
each lot according to plans approved by the Central Lake
Ontario Conservation Authority.
b) To satisfy the requirements of the Ministry of Natural
Resources as specified below:
1. Prior to any grading or construction on the site, the
owner shall erect a snow fence or other suitable barrier
along the boundary between Block 15 and Lots 3, 4, 5, 6,
9, 10 and 11. This barrier shall remain in place until
such time as all grading, construction and landscaping of
the site are completed and shall be maintained to prevent
the placement of fill or removal of vegetation within the
valleylands of Bowmanville Creek.
2. Prior to any grading or construction on the site, the
owner shall prepare a soil erosion control plan, which
will be acceptable to the Ministry of Natural Resources.
This plan will show all proposed surface drainage works,
and will describe the means to minimize soil erosion and
the direct discharge of stormwater flow into Bowmanville
Creek, both during and after construction. This plan will
also indicate the means by which the eastern slope of
Bowmanville Creek, located to the rear of Lots 10 and 11
of the plan, will be stabilized to minimize future erosion
of this slope.
The Subdivision Agreement between the owner and the
Municipality shall contain the following provisions in wording
acceptable to this Ministry:
a) That no damming, dredging or other alterations will be
carried out on Bowmanville Creek without the prior written
authorization of the Ministry of Natural Resources.
b) That the owner agrees to construct and maintain the snow
fence on the site as required in Condition 1.
c) That the owner agrees to implement the erosion control
plan for the site as required in Condition 2.
d) That the owner provide certification by a professional
engineer that the works required in Condition 2 above,
have been completed satisfactorily.
. . .3
Page 3 of ATTACHMENT NO. 1 TO REPORT PD-141-85 —Cu—�
TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL
SUBDIVISION APPLICATION 18T-85020
10. c) To submit for approval to the Durham Regional Health Unit a
lot servicing plan showing the location of individual drilled
wells, septic systems and all proposed buildings.
d) To submit, to the Ministry of the Environment for approval , a
Hydrologist's Report which verifies that an adequate supply of
potable water is available to service the development. The
Report should also discuss the possibility for
cross-contamination of wells for septic effluent and address,
in conjunction with the availability of an adquate water
supply, the potential depths of said wells.
11. That the Owner agrees to satisfy the Town's rural Fire Protection
requirements.
12. That the Owner agrees not to sell any, or all of the said lands,
until the Owner has inserted in the Agreement to Purchase entered
into by the prospective purchaser, notice that the lands are
subject to the covenants and delegations set forth in the
Subdivision Agreement.
13. That the road widening, 0.3 metre reserve and sight triangles as
shown on the draft plan 18T-85020 and an additional road widening
and 0.3 metre reserve as shown in red on the attached plan be
dedicated to the Town of Newcastle; free and clear of all
encumbrances.
14. That the Owner will bear the costs of any works on Old Scugog Road
which are necessitated as a result of the development, to the
satisfaction of the Director of Public Works.
15. That the utility distribution on the cul-de-sac is to be installed
underground; both primary and secondary services.
16. That the Owner shall contirbute to the costs of reconstructing Old
Scugog Road in accordance with Town Policy.
17. That the Owner shall be required to provide street lighting along
Old Scugog Road and the cul-de-sac within the draft plan.
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SCHEDULE OF LAND USE OWNER'S CERTIFICATE
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\ �W ,p ZTe}2 RD A D ESTATE 1075 i TO II 3.4591 Ao WE P�ANN aF PROPOSED THE SUBDIVISION ON FOR APPI
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- d-SINGLE FAMILY DWELLINGS,ESTATE RESIDENTIAL
3 _3 4 - 3128 ND e-NORTH-AGRICULTURAL SURVEYOR'S CERTIFICATE
I+a EAST-ESTATE RESIDENTIAL HEREBY CERTIFY THAT THE BOUNDARIES OF THE
6 3095 Ao SOUTH-ESTATE RESIDENTIAL SUBDIVIDED AS SHOWN ON THIS PLAN AND THEIR F
7 3108 m WEST-VALLEY LAND TO AOJACFNT I ANDS ARE ArfItRATEI v .-NO CORF
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THE CORPORATION OF THE TOWN OF NEWCASTLE U �
BY-LAW NUMBER 85-
being a By-law to authorize the entering into of an Agreement with
the Corporation of the Town of Newcastle and 542985 Ontario Limited.
The Council of the Corporation of the Town of Newcastle hereby enacts
as follows:
1. THAT the Mayor ana 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 542985 Ontario Limited and
the said Corporation dated the day of 1985 in the
form attached hereto as Schedule "V.
2. THAT Schedule "X" attached hereto forms part of this
by-law.
BY-LAW read a first time this day of 1985
BY-LAW read a second time this day of 1985
BY-LAW read a third time and finally passed this day of
1985.
MAYOR
CLERK
I
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 85-
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 "1" to By-law 84-63, as amended, is hereby further
amended by changing the zone designation from "Agricultural (A)" to
"Residential Estate Exception (RE-4) Zone" as shown on the attached
Schedule "X" hereto.
2. This By-law shall come into effect on the date of passing
hereof, subject to the provisions of Section 34 of the Planning Act.
BY-LAW read a first time this day of 1985
BY-LAW read a second time this day of 1985
BY-LAW read a third time and finally passed this day of
1985.
MAYOR
CLERK
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This is Schedule "X" to By-law 85- , �--
passed this day of , 1985 A.D.
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SCHEDULE OF LAND USE OWNER'S CERTIFICATE
�. 265 0• \ 650 00 W ESTATE LOTS I TO II 3.4591 ha WE HEREBY AUTHORIZE THE SUBMISSION FOR APPI
W 0 �_ N27°32 DAD LAND RETAINED BLOCK 15 2.6248 ha THE PLAN OF PROPOSED SUBDIVISION
o p9 p R ROAD ALLOWANCE 0.2926 ha L
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5jf" � D ADDITIONAL INFORMATION REQUIRED UNDER LOT N° LOT AREA PORT PERRY,ONTARIO
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3 .31 6 ha. d-SINGLE FAMILY DWELLINGS, ESTATE RESIDENTIAL
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— DONEVAN b FLEISCHMANN CO :7D
I I ONTARIO STREET
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