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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 ------------------------------------------------------------------------------ 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 ��g•'r•t •••tiit'•,' • C; /p 00 po��0 �o O 2 40.999 —j i ^ N 72 045 00. E 0 LOT 29 Z CONCESSION 2 iL O Q O Q ® SUBJECT'SITE LOT 30 LOT 29 LOT 28 7 z O W U z •U O 0 60 100 200 300 - NEWCASTLE VILLAGE, 5 L 8 60m0 Z ��g•'r•t •••tiit'•,' n 3Z GRADY ST, N o m ZxF- CY- ( 85 94 z N72 °33 00 E � ZONING CHANGE FROM ' (H)RI' TO'RI' 0 26 60 IOOm Mayor 60m40 3020 10 0 Clerk ® SUBJECT'SITE LOT 30 LOT 29 LOT 28 7 z O W U z •U O 0 60 100 200 300 - NEWCASTLE VILLAGE, 5 L 8 60m0 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 • MNM 0 Z 40- 999,-J ,; ^ N 72045'00'E 8S O 9 h_ N Z LOT 29 Y CONCESSION 2� L f� a 0 a 0 2370 GRAD` S 0 N m F_< 85.9.4 )- I z z 0 N7203100 00 E .� 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. ;a z 0 W U z O U 5 3 0 600 100 200 ZOO m O 60m 0 Clerk o� ayl :TIZiR amI a w 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.