HomeMy WebLinkAboutPD-126-89F I •
TOWN OF NEWCASTLE
REPORT File #(r�
Res.
By -Law #
MEETING: General Purpose and Administration Committee
DATE: MONDAY, MAY 15, 1989
REPORT #: PD-126-89 FILE #: DEV 89 -39, 18T -85010 & 18T -86053
SUBJECT: REZONING APPLICATION - FOSTER CREEK DEVELOPMENT
PART LOT 29, CONCESSION 2 FORMER TOWNSHIP OF CLARKE
DEV 89 -39
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD- 126 -89 be received;
2. THAT the rezoning application to implement conditions of draft approval for
Subdivisions 18T -86053 and 18T -85010 (FOSTER CREEK DEVELOPMENT) be approved and,
the by -laws forwarded to Council; and
3. THAT the applicant, the Region of Durham Planning Department and other agencies
be advised and the By -laws be circulated as per the requirements of the
Planning Act.
1. BACKGROUND:
1.1 On Monday, October 12, 1987, Committee considered Staff Report PD- 247 -87
recommending approval of Plan of Subdivision 18T- 85010. Subsequently,
Council endorsed Committee's recommendation approving fifteen (15) lots for
single family dwellings and three (3) blocks for future development.
5 -24 ...2
REPORT NO.: PD-126-89 PAGE 2
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1.2 On Monday, October 19, 1987, Committee considered Staff Report
PD-256-87 recommending approval of Plan of Subdivision 18T-86053.
Council endorsed Committee's recommendation approving nineteen (19) lots
for single family dwellings and one (1) additional block for future
development.
1.3 Through the circulation process, Canadian Pacific Railway noted concerns
with respect to noise, vibrations etc., and requested that a minimum
setback from the Canadian Pacific Rail right-of-way be observed for each
plan of Subdivision. Subsequently, one of the conditions of draft
approval required that a 30 metre setback from the Canadian Pacific
Railway property line be established through the Town's Zoning By-law
84-63.
1.4 In consideration of the Canadian Pacific Railway comments and the
recommendations of the Environmental Noise Impact Statement, Foster
Creek Developments submitted a rezoning application requesting a 41
metre setback from the Canadian Pacific Railway right-of-way.
2. PUBLIC NOTICE:
2.1 Staff would note for the Committees information that pursuant to
Councils resolution of July 26, 1982, and the requirements of the
Planning Act, the appropriate signage acknowledging the application was
installed on the subject lands.
3. CIRCULATION:
3.1 In accordance with departmental procedures, the application was
circulated to obtain comments from other agencies/departments. Staff
would note that the following offered no objections.
-Newcastle Public Works
-Regional Planning Department
-Canadian Pacific Railway
3
REPORT NO.: PD-126-89
4.1 Within Zoning By-law 84-63, the subject lands are located within the
"(H)RI" and "Rl" - Residential Zones. The Zoning By-law amendments
attached to this report would have the effect of lifting the (H)
Holding Symbol from Lot 5 through 16 on the draft 10M Plan, as well as
rezoning Lots 17 through 23 from (H)Rl and Rl to "RI-2211 recognizing
the 41 metre setback requirement. The remaining lots, being 1 to 3 and
24 to 33, are presently with the "Rl".
4.2 In consideration of the above, Staff would have no objections to the
approval of the attached by-laws.
Respectfully submitted, Recommended for presentation
to the Comittee
Franklin Wu, M.C.I.P.
Director of Planning & Development
*FW*lp
*Attach.
*May 2, 1989
-------------
K
Lawrencij. o ef f
!rJfChief A in strative Officer
INTERESTED PARTIES TO BE ADVISED OF COMMITTEE'S AND COUNCILS DECISION:
c/o Mr. Ed Vanhaverbeke
Foster Creek Developments
214 King Street East
Bowmanville, Ontario
LlC 1P3
DN: Foster
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY -LAW NUMBER 89-
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 to implement conditions of draft approval for Subdivisions
18T -86053 and 18T -85010 (Foster Creek Developments).
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Town of Newcastle enacts as follows:
1. Schedule 115" 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 "Urban Residential Type One (R1)" Zone as shown on the attached Schedule "X"
hereto.
2. Schedule "X" attached hereto shall form part of this By -law.
3. This By -law shall come into effect on the date of passing hereof,
subject to the provisions of Section 35 of the Planning Act.
BY -LAW read a first time this day of 1989
BY -LAW read a second time this day of 1989
BY -LAW read a third time and finally passed this day of
1989.
MAYOR
CLERK
'527
This I is Schedule
"X"
to
BY-law •
passed
day
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LOT 30 LOT 29 LOT 28
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ZONING CHANGE FROM '
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LOT 30 LOT 29 LOT 28
7
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0 60 100 200 300 -
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DN: Foster
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY -LAW NUMBER 89-
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 to implement conditions of draft approval for Subdivisions
18T -86053 and 18T -85010 (Foster Creek Developments).
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Town of Newcastle enacts as follows:
1. Section 12.4 "Special Exceptions - Urban Residential Type One (R1)"
Zone of By -law 84 -63, as amended, is hereby further amended by adding thereto
the following new Subsection 12.4.22 as follows:
"12.4.22 URBAN RESIDENTIAL TYPE ONE EXCEPTION (R1 -22) ZONE
Notwithstanding Section 12.2, those lands zoned 11(R1 -22)" on the
Schedules to this By -law are also subject to the following zone
regulations:
a) Minimum setback from the Canadian Pacific
Railway property line 41.0 metres"
2. Schedule 115" 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 "Urban Residential Type One Exception (R1 -22)" Zone and from "Urban
Residential Type One (R1)" to "Urban Residential Type One Exception (R1 -22)" as
shown on the attached Schedule "X" hereto.
3. Schedule "X" attached hereto shall form part of this By -law.
4. 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 1989
BY -LAW read a second time this day of 1989
BY -LAW read a third time and finally passed this day of
1989.
MAYOR
CLERK
5 ? 9
This is Schedule
•
passed
•
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N 72045'00'E
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LOT 29 Y
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MZONING CHANGE FROM '(H)RI 'TO 'RI -22-
ZONING CHANGE FROM' RI' TO' RI-22'
0 25 50 100m
Mayor 50 40 30 20 10 0
® SUBJECT'SITE
LOT 30 LOT 29 LOT 26
NEWCASTLE VILLAGE.
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Clerk
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BY -LAW 89-
FILE: 18T -86053
The PURPOSE AND EFFECT of By -law 89- is to amend Zoning By -law
84 -63, as amended, of the Town of Newcastle by changing the zone
designation of the lands identified by Schedule "X" hereto from
"Holding -Urban Residential Type One ((H)Rl)" to "Urban Residential
Type One (Rl) ".
The subject By -law would permit the development of twelve (12)
residential lots within Plan of Subdivision 18T- 86053.