HomeMy WebLinkAbout79-116
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THE CORPORATION OF THE
TOWN OF NEWCASTLE
By-law Number 79-116
Being a By-law to amend Zoning By-law 1587, as
amended, of the former Town of Bowmanville.
WHEREAS the Council of the Corporation of the Town of Newcastle deems
it advisable to amend Zoning By-law Number 1587, as amended, of the
former Town of Bowmanville.
NOW THEREFORE the Corporation of the Town of Newcastle ENACTS as follows:
1. Map 4 of Schedule "A" to By-law 1587, as amended, is hereby
further amended to show the lands more particularly described
in Schedule "A" to this By-law as being subject to the herein-
after and described as Special Condition 9 and the zone symbol
is hereby charged from "R" to "Special Condition 9".
2.
Schedule "B" to By-law 1587, as amended, is hereby further amen-
ded by adding thereto the following:
"Special Condition 9
The whole of the lands legally described on the attached Schedule
"A" to this By-law and outlined on the attached Schedule "B" to this
By-law, shall be subject to the special regulations hereinafter
contained and where there is any conflict between the regulations
hereinafter set out any other provisions of By-law 1587, then the
provisions of these special regulations will apply, but in all other
respects the provisions of By-law 1587, as amended, shall apply.
1.1
Defined Area
The area subject to the special condition is the whole of
the lands legally described on Schedule "A" hereto and out-
lined on Schedule "B" hereto.
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1.2
Permitted Uses
No person shall use any of the lands in the defined area, or
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erect, alter or use any building or structure on such lands
for any purpose except in accordance with the following provisions:
(a) Conunercial Uses:
a re tail shop
a bank
a financial office
a service shop
a personal service shop
a restaurant
a professional office
a business office
a clinic
a theatre
a studio
a governmental office
(b) Accessory Conunercial Uses:
The preparation, mixing, assembly or packaging of drugs,
medi,cines, foods, goods and other materials sold from
the premises.
Indoor mall, sprinkler room, electrical room, manager's
office, janitor's room, public restrooms, garbage stor-
age rooms and any use necessary for the operation of a
shopping centre.
1.3 Lands Susceptible to Flooding
Notwithstanding paragraph 1.2 of this By-law, no person shall
use, erect any building or structure on, or alter any of the
lands in the defined area that may be susceptible to flooding
as may be defined by the Conservation Authority having juris-
diction. Land identified as susceptible to flooding may be
used for flood control works upon approval of the Conservation
Authority having jurisdiction.
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1.4
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Minimum setbacks, height, lot coverage and landscaped open
space--
No person shall use any of the lands in the defined area,
or erect, alter, or use any building or structure on such
lands for any purpose except in accordance with the following
provisions:
(a) Front Yard (minimum)
65 feet
(b) Exterior Side Yard
(minimum)
(c) Interior Side Yard
(minimum)
65 feet
25 feet except that
where a side lot line
abuts a residential zone
the minimum interior side
yard shall be 50 feet.
(d) Rear Yard (minimum)
35 feet except that where
a rear lot line abuts a
residential zone the min-
imum rear yard shall be
50 feet.
(e) Height (maximum)
35 feet
(f) Lot Coverage (maximum)
35%
(g) Landscaped Open Space
(minimum)
an area 5 feet in depth
abutting every
exterior lot line except
where such area is occup-
ied by a driveway or
walkway.
1.5 One Foot Reserves
1.6
Notwithstanding any provisions of Section 3.54 of By-law 1587 to the
contrary, a parcel of land which is separated from a public highway
by only a one foot reserve shall be deemed to abut that public high-
way.
Front Line
Notwithstanding any provisions of Section 3.62 of By-law 1587 to
the contrary, the front lot line shall mean the property lot line
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that divides the lot from King Street only by a one foot
reserve.
1. 7 Lo t
Notwithstanding the provisions of Sections 3.54, 3.90, 7.2 of
By-law 1587 the whole of the lands in the defined area shall be
deemed to be a lot and the lot lines shall be deemed to be the
perimeters of the defined area.
1.8 Site Plan Agreement
Pursuant to Section 35(a) of the Planning Act, as amended, the
lands subject to the special condition contained herein, are
hereby designated a site plan control area. The Town of Newcastle
shall require the owner of the lands to enter into one or more
agreements in respect of the development of the subject lands prior
to any development being undertaken."
2. This by-law shall be effective on the date of its enactment subject
to the approval of the Ontario Municipal.Board.
BY-LAW READ a first time this ~2vAday of O~, A.D. 1979.
BY-LAW READ a second time this !"l1 day of (J ~ , A.D. 1979.
BY-LAW READ a third time and finally passed this J.tA day of tJ ~ ,
A.D. 1979.
(seal)
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G. B. Rickard, Mayor
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SCHEDULE 'A' to By-law 79-116
FIRSTLY:
ALL AND SINGULAR that certain parcel or tract of land and premises
situate, lying and being in the Town of Newcastle, (formerly the Town
of Bowmanville) in the Regional Municipality of Durham and being the
whole of Block A, Plan 698.
SECONDLY:
ALL AND SINGULAR that certain parcel or tract of land and premises
situate, lying and being in the Town of Newcastle, (formerly the Town
of Bowmanville) in the Regional Municipality of Durham and being the
most westerly 125 feet of Block B, Plan, 698.
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THIRDLY:
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ALL AND SINGULAR that certain parcel or tract of land and premises
situate, lying and being in the Town of Newcastle (Formerly in the
Town of Bowmanville) , Regional Municipality of Durham (Formerly
County of Durham), being composed of all of Block E, Part of Block
B, and part of Block I (1.0' Reserve) according to a plan registered
in the Registry Office for the Registry Division of Newcastle (No. 10)
as Number 698; and Parts of Lots 14, 15, 16, 17, 18, 19, and 20,
according to a plan of Building Lots known as J. A. Codd's Plan
(Deposited in the Registry Office March 26, 1882), and more partic-
ularly described as follows:-
PREMISING that the northerly limit of Hobbs Drive as shown on said
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Plan 698 has a bearing of North 72 15' East and relating all bearings
herein thereto;
COMMENCING at a point in the Northerly limit of Hobbs Drive distant
125.00 feet measured easterly from the Southwesterly angle of said
Block B;
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THENCE North 72 15' East along the Northerly limit of Hobbs Drive,
being also the southerly limit of said Block B, 234.98 feet to a
point of curve;
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THENCE Northeasterly along the said curve to the right, having a radius
of 316.00 feet, an arc distance of 80.00 feet, the chord being 79.79
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feet, measured on a course of North 79 30'10" East to a standard iron
bar found planted at the southeast angle of said Block E;
THENCE North 08056'50" West 105.36 feet, more or less to a standard
iron bar found planted at the northeast angle of said Block E;
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THENCE North 73 58'30" East along the northerly limit of Block C of
said Plan 698,184.78' to a point;
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THENCE North 17 48' West 272.78' more or less to a point of curve in
the southerly limit of King Street (TIle King's Highway No.2) as widened.
by Deposited Plan No. N3l849;
THENCE Southwesterly along said curve to the left having a radius of
1085.92', an arc distance of 210.90', the chord being 210.57', measured
on a course of South 77001'55" West to a standard iron bar found planted
at the northeast angle of said Block I (1.0' Reserve);
THENCE South 73041' West along the northerly limit of said Block I, 162.13'
to a point;
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THENCE North 17 28' 20~" West 10.00 feet to a point in the Northerly limit
of said Block I;
THENCE South 73041' West along the northerly limit of said Block I, 141.96'
to a point;
THENCE South 17045'20" East, 396.52', more or less to the point of connnence-
mente
THIS IS SCHEDULE IBI'TO BY-LAW 79- II' t
,PASSED THIS ,1...;, DAY OF (1G 7dJL~A. D. 1979.
. SPECIAL CONDITION N29 TO BY-LAW 1587
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C = 35'36'
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SIMPSON
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. G.B. Rickard , Mayor
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Ontario
R 79278
Ontario Municipal Board
IN THE MATTER OF Section 35 (22)
of The Planning Act (R.S~O;
1970, c. 349) t
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IN THE MATTER OF an appeal by
L.C~D~M~ Investments Limited
fino barmond bU~laers LInd ted for
an Order d~recting-an amendment
to By-law 1587 of the Town of
Ne'l'lcastle to change from "C"
Commercial and "R" Residential to
"C" Commercial (modified) the
permitted use of lands comprising
Block A and Block B, Plan 698 and
part of Lot 9, Concession 1, in
the Town of Newcastle to permit the
development of an integrated shopping
centre providing a full range of
retail and service uses
B E FOR E :
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W.H.J. THOMPSON, 'Q.C.
Vice-Chairman
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of November, 1979
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Monday, the 26th day
D.H: McROBB,
Member
THIS APPEAL corning on for public hearing this day at the
Town of Newcastle and after the hearing of the appeal;
THE BOARD ORDERS that this appeal is hereby dismissed.
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ENT~REO
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DEe 4 1979
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Ontario
R 793869
Ontario Municipal Board
IN THE NATTER: OF Section ~5 of
The PlrouJing Act (R.S.a. 1970,
c. 349),
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IN THE MAT'l'lQ:l; OF an application
by The Corporation of the Town
of Newcastle for approval of its
Restricted Area By-law 79-116
BEFORE:
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) Monday, the 26th day
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W.H.Je THO!{PSON, Q.C.,
Vice-Chairman
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D.H. HeEOED,
Member
THIS APPLICATION coming on for public hearing this day
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at the Town of Newcastle and after the hearing of the
application;
THE BOARD ORt:&-1.S that By-law 79-116 is hereby approved.
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ENTERED
Q. 8. fio o-JIJ'-l
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folio No....~Z(J...............
DEe 4 1979
nEe 10 \919
RECEIVE
TOWN Of NEWCASTI&