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HomeMy WebLinkAboutPD-77-84 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1J0 TEL.(416)263.2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF APRIL 16, 1984 , REPORT NO. : PD-77-84 SUBJECT: APPLICATION FOR REZONING - CEAN INVESTMENTS PLAN OF SUBDIVISION - FILE: 18T-74067 PART LOT 11 , CONCESSION 2, FORMER TOWN OF BOWMANVILLE - FILE: DEV 81-12 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following : 1 . That Report PD-77-84 be received; and * 2. That the attached By-law to amend Zoning By-law 1587, as amended, in respect of Part Lot 11 , Concession 2, former Town of Bowmanville, be approved. . . .2 0 REPORT NO. : PD-77-84 Page 2 BACKGROUND: Draft approval with respect to the above-noted Plan of Subdivision under Section 33 of the Planning Act, was issued August 5, 1980. Subsequent thereto, amendments to the draft approval were made on two later occasions - September 2, 1980 and April 2.8, 1983. A further revision to the draft approval as considered and approved by the Town of Newcastle (General Purpose and Administration Committee - November 7, 1983, Staff Report PD-164-83 and by Council - November 14, 1983) subsequently received Ministerial approval on January 2.3, 1984. Within the revised conditions of approval , Condition #5 stated as follows: "That prior to the signing of the final plan by the Minister, we are to be advised that the proposed subdivision conforms with the Restricted Area By-law in effect for the municipality. Further, the By-law shall require a minimum backyard of 38 metres for Lots 24 to 33 inclusive and that no development be permitted on Block 39." Pursuant to Council 's policy requiring applicants to provide public notice in respect of any rezoning application, an informational sign was installed upon the subject property identifying the requested rezoning along with the date and location of the public meeting in accordance with the requirements of the Planning Act. Staff would note for Committee's information, the attached By-law amendment has been prepared in consideration of the conditions of draft approval , thereby implementing Plan of Subdivision 18T-74067. Furthermore, Staff would note for the .. .3 U "��l REPORT NO. : PD-77-84 Page 3 Committee' s information, that the setback (minimum 53 metres) proposed from the centreline of the Canadian Pacific Railway right-of-way to the nearest point of any semi -detached dwelling, is in compliance with the setback requirements of 38 metres as contained within the draft conditions of approval . The extent of the 38 metres from the rear lot lines is comparable to the proposed 53 metre setback from the centreline of the C.P.R. right-of-way. The appropriateness of describing the location from which the setback is derived, is similar to the By-law amendment as approved, for the three (3) severed lots, which were removed from the Plan of Subdivision having frontage on High Street. In consideration of the above, Staff would have no objections to the approval of the Zoning By-law amendment as requested and attached hereto. Respectf i ' ted, T.T. Edwards, M.C.I.P. Director of Planning LDT*TTE*jip *Attach. March 19, 1984 Applicant: Cean Investments 378 King Street West OSHAWA, Ontario I 1� THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 84- being a By-law to amend Restricted Area By-law Number 1587, as amended of the former Town of Bowmanville, now in the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend Restricted Area By-law 1587, as amended, of the former Town of Bowmanville. NOW THEREFORE, the Council of the Town of Newcastle enacts as follows: 1. Schedule "A" to By-law 1587, as amended, is hereby further amended by adding the designation "SPECIAL CONDITION 35" to the zoning designation of the lands indicated as "ZONE CHANGE TO SPECIAL CONDITION 35" on the attached Schedule 'X' hereto, and by adding to the lands so indicated cross-hatching and the figure 35 encircled. 2. Schedule "B" to By-law 1587, as amended, is hereby further amended by adding hereto the following SPECIAL CONDITION 35: SPECIAL CONDITION 35 The lands as shown on Schedule "A" cross-hatched and marked "SPECIAL CONDITION 35" shall be subject to the special regulations hereinafter contained and where there is any conflict between the regulations hereinafter set out and any provision of By-law 1587, then the provisions of this SPECIAL CONDITION shall apply, but in all other respects the provisions of By-law 1587, as amended, shall apply. The zone designations cited herein, refer to the zone designations identified on Schedule "X-1" hereto. 1.1 DEFINED AREA The area subject to this SPECIAL CONDITION is shown cross-hatched with the figure 35 encircled on the attached Schedule "A" hereto. 1.2 PERMITTED USES (i) Block 1 No person shall use any of the lands within the defined area or erect, alter or use any building or structure on such lands for any purpose except one or more of the following uses; namely: - one semi-detached dwelling per lot, connected to a municipal water supply and municipal sanitary sewage disposal sytem. - uses, buildings and structures accessory to the principal use on the lot. II 2 - 1.2 PERMITTED USES (Continued) (ii) Block 2 No person shall use any of the lands within the defined area or erect, alter or use any building or structure on such lands for any purpose except one or more of the following uses; namely: - one single family detached dwelling per lot, connected to a municipal water supply and municipal sanitary sewage disposal system. - uses, buildings and structures accessory to the principal use on the lot. 1.3 ZONE PROVISIONS (i) Block 1 (a) Lot Area (minimum) 550 square metres (b) Lot Frontage (minimum) - Interior Lot 18 metres (c) Lot Frontage (minimum) - Exterior Lot 20 metres (d) Yard Requirements (minimum) i) Front Yard 6.0 metres ii) Exterior Side Yard 6.0 metres iii) Interior Side Yard - with attached garage or carport 1.25 metres - without attached garage or carport 4.5 metres iv) Rear Yard 10 metres v) Minimum Setback from the centreline of the Canadian Pacific Railway right-of-way to the nearest point of any semi-detached dwelling 53 metres (e) Dwelling Unit Area (minimum) 80 square metres (f) Lot Coverage (maximum) 45 percent (g) Landscaped Open Space (minimum) 30 percent (h) Building Height (maximum) 10 metres (i) Special Yard Regulations - Notwithstanding the interior sideyard requirements above, where a semi-detached dwelling is only connected at some point below finished grade, the minimum horizontal distance between such dwelling units above, finished grade shall be 1.25 metres. - 3 - (ii) Block 2 (a) Lot Area (minimum) 370 square metres (b) Lot Frontage (minimum) - Interior Lot 12.2 metres (c) Lot Frontage (minimum) - Exterior Lot 15 metres (d) Yard Requirements (minimum) i) Front Yard 6.0 metres ii) Exterior Side Yard 6.0 metres iii) Interior Side Yard - with attached garage or carport 1.25 metres - without attached garage or carport 4.5 metres iv) Rear Yard 10 metres (e) Dwelling Unit Area (minimum) - 1 Storey or Split Level 85 square metres - 1 1/2 Storey or 2 Storey 110 square metres (f) Lot Coverage (maximum) 36 percent (g) Landscaped Open Space (minimum) 30 percent (h) Building Height (maximum) 10 metres 3. Schedule "X" and "X-1" attached hereto shall form part of said By-law. 4. This By-law shall come into effect on the date hereof, subject to the provisions of Section 39(11) of the Planning Act. BY-LAW read a first time this day of 1984 BY-LAW read a second time this day of 1984 BY LAW read a third time and finally passed this day of 1984 MAYOR CLERK This is Schedule "X" to By-law 84- , passed this day of A.D. 1984. N18 003'30"W N71 024'40°E 82.60 30.48 ti ro m ro N71° '30"E 73.22 0) C o M ca M O 00 3 Z O M K) 78.96 L JN71°32'E o 18.40 _m 6 Jr -43 0 v a T N72°21E Q�\i 4 3.08 Z f�l N 18°I4'W Ik' 16.73 N71 045 0-E N47 00450"W 49.31 11.08 N16011'W b1 \!\ 36.76 p'L G� N32002'E QP 28.30 R=1711 157 12Oh Ch=29 516 Z� N400017 ZONE CHANGE TO N40°05 E 986928'SO'w SPECIAL CONDITION 35 N18014'W 32.25 P'Cl G.B. Rickard, Mayor 0 25 50 IOOm 4 D.W. Oak**, Clark 50 10 Al Key Map -Former Town of Bowmanviile 200 "0 LOT I LOT LOT I LOT +. LOT LOT I LOT LOT 12 O 16 ( 15 14 6 I I I I o I I ki ' I SUBJECT U SITE i �` o BOVNIA VILl E U Z i. nn I This is Schedule "X- 1 " to By-law 84- , passed this day of A.D. 1984. N18003'30"W N710 24'40"E 82.60 30.48 t` ro m ro N 71°25'30°E 73.22 M 3 co BLOCK 2 3 co 0 z N710 32'E o N70 05330'E 78-96 W IB•40 °ro W z (n w r` 6 to I N72°21E BLOCK 43.09 z N 18014 W 16.73 N71045 30•E N 47°09�50" 49.31 W ' 1 1.08 0� N 160 IN W 3676 (� N32002'E P QQ 28.30 R=1711.157 20� Ch=29.516 A=29-517 r r' N40005 E N86028'50 1. 9.69 X51 �P� N 18014 32.25 G.B. Rickard, Mayor 0 25 50 loom 4 D.W. Oakes, Cisrk 50 10 O Key Map -Former Town of Bowmanville ®°" Y°o LOT I LOT LOT I LOT LOT LOT I LOT LOT 16 15 w 14 12 ( II 10 I 9• I .4y6 rr ( I o I ( k7 I I I y I SUBJECT I{ • SITE i W o I V M I I I � I 0 SOWN AAh1VILLE z r z nn I 0A �= THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 84- i' . being a By-law to amend Restricted Area By-law Number 1581, as amended of the former Town of Bowmanville, now in the Town of f Newcastle. h WHEREAS the Council of the Corporation of the Town of Newcastle f i deems it advisable to amend Restricted Area By-law 1587, as amended, of the former Town of Bowmanville. 4 NOW THEREFORE, the Council of the Town of Newcastle enacts as follows: 1. Schedule "A" to By-law 1587, as amended, is hereby further amended by adding the designation "SPECIAL CONDITION 35" to the )� e zoning designation of the lands indicated as "ZONE CHANGE TO SPECIAL !1 CONDITION 35" on the attached Schedule 'X' hereto, and by adding to the lands so indicated cross-hatching and the figure 35 encircled. a 2. Schedule "B" to By-law 1587, as amended, is hereby further amended by adding hereto the following SPECIAL CONDITION 35: # SPECIAL CONDITION 35 E1 The lands as shown on Schedule "A" cross-hatched and marked "SPECIAL CONDITION 35" shall be subject to the special regulations hereinafter contained and where there is any conflict between the regulations hereinafter set out and any provision of By-law 1587, then the provisions of this SPECIAL CONDITION shall apply, but in all other j respects the provisions of By-law 1587, as amended, shall apply. The zone designations cited herein, refer to the zone designations identified on Schedule 4-1" hereto. 1.1 DEFINED AREA The area subject to this SPECIAL CONDITION is shown cross-hatched with the figure 35 encircled on the attached Schedule "A" hereto. 1.2 PERMITTED USES (i ) Block 1 No person shall use any of the lands within the defined area or erect, alter or use any building or structure on such lands for any purpose except one or more of the following uses; namely: - one semi-detached dwelling per lot, connected to a municipal water supply and municipal sanitary sewage disposal sytem. - uses, buildings and structures accessory to the principal use on the lot. i ' I L 2 1 1.2 PERMITTED USES (Continued) j 5.; (ii) Block 2 I No person shall use any of the lands within the defined area or erect, alter or use any building or structure on such lands for any purpose except one or more of the following uses; namely: - one single family detached dwelling per lot, connected to a municipal water supply and municipal sanitary sewage disposal system. - uses, buildings and structures accessory to the principal . use on the lot. 1 .3 ZONE PROVISIONS f (i) Block I (a) Lot Area (minimum) 550 square metres `! (b) Lot Frontage (minimum) Interior Lot 18 metres (c) Lot Frontage (minimum) Exterior Lot 20 metres (d) Yard Requirements (minimum) i) Front Yard 6.0 metres ii) Exterior Side Yard 6.0 metres iii) Interior Side Yard ft with attached garage or carport 1 .25 metres ?! - without attached garage or carport 4.5 metres iv) Rear Yard In metres v) Minimum Setback from the centreline of the Canadian Pacific Railway right-of-way to the nearest point of any semi-detached dwelling 53 metres ` (e) Dwelling Unit Area (minimum) 80 square metres j (f) Lot Coverage (maximum) 45 percent (g) Landscaped Open Space (minimum) 30 percent r (h) Building Height (maximum) 10 metres (i) Special Yard Regulations - Notwithstanding the interior sideyard requirements f above, where a semi-detached dwelling is only connected (( at some point below finished grade, the minimum t l horizontal distance between such dwelling units above, finished grade shall be 1.25 metres. 1 t 1 i (ii) Block 2 (a) Lot Area (minimum) 370 square metres (b) Lot Frontage (minimum) '] Interior Lot 12.2 metres (c) Lot Frontage (minimum) - Exterior Lot 15 metres (d) Yard Requirements (minimum) i) Front Yard 6.0 metres ii) Exterior Side Yard 6.0 metres } iii) Interior Side Yard - with attached garage or carport 1.25 metres without attached garage i ' or carport 4.5 metres iv) Rear Yard 10 metres (e) Dwelling Unit Area (minimum) �!. - 1 Storey or Split Level 85 square metres - 1 112 Storey or 2 Storey 110 square metres ! (f) Lot Coverage (maximum) 36 percent I (g) Landscaped Open Space (minimum) 30 percent (h) Building Height (maximum) 10 metres 3. Schedule "X" and "X-1" attached hereto shall form part of said `( By-law. 4. This By-law shall come into effect on the date hereof, subject to the provisions of Section 39(11) of the Planning Act. !r BY-LAW read a first time this day of 19841 { f, BY-LAW read a second time this day of 1984 BY LAW read a third time and finally passed this day of 1984 I -RA Y MR - I CLERK I I ' � I This is Schedule "X" to By-law 84- , passed this--day of__A.D. 1984. N18 003'30"W N710 24'40"E 82'60 30.48 m N71° 5'30"E 73.22 a� m m m ; m _ O M M O 3 0 co z f 0 M N71 032'E o N70 053'30'E 78.96 LU 1840 00 W z W m m � 6 i I N72°21E 43.09 z Fi NIB°I4'W 16.73 li N 71°45 30'E 49.31 �y1 r N47°09'50"W j! 11.08 N16011'W A 36-76 N 32°02'E P G\ QP 28.30 R=1711.157 Ch=29.516 2O� 251' A=29.517 N40005'E 'w r ZONE CHANGE TO 9.6928'SO SPECIAL CONDITION 3! N18°14'W P;\GP\vp+O 32.25 G.B. Rickard, Mayor 4 0 25 50 100m O 50 O i� D.W, Oakes, Clerk 10 Key Map -Former Town of Bowmanviile 25° 5°om zo° ` LOT i LOT 16 15 LOT LOT 14 12 LOT LOOT LOT LOT I i`.�'• i w ,4h I c ' G SUBJECT z I o i SITE i i{ i� o i BViLI 1 Z nn ' This is Schedule "X- 1 " to By-law 84--, passed this day of_ A.D. 1984. N18003'30"W N71°2440°E 82.60 30.48 --\ r` m m N 71°2530"E 7322 ro O1 w 3 co BLOCK 2 _ o a 3 ° m °o z N710 32'E _ro o N70 °5330 E 78-96 LiJ 8.40 °ro LL l z V ro ti Z 3 6 °� . o P-1 T BLOCK 1 � = N72-21E 43-09 Z N 18°14'W 1673 F aL N71045'30 E t°2 N47°0950 W 49.31 1108 N1601I'W__ 2 36.76 N32002'E G� P QP 28.30 R=1711-15 7 20� Ch=29516 A:29.517 N40065'E N86°2850 969 W w\ 18014.W P`�2\\PO\P 32-25 GP G.B. Rickard, Mayor 0 25 50 IOOm O D,W. Oaks, Clark 50 10 ^----' Key Map -Former Town of B o w m a n v I I I e �-- .-°°m 200 16T SOT 11 LOT I LOT LOT 11 LOT I LOT i IT