HomeMy WebLinkAboutPD-42-83 v
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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 MARCH 7, 1983
REPORT NO. : PD-42-83
SUBJECT: APPLICATION FOR REZONING - CEAN INVESTMENTS
PART OF LOT 11 , CONCESSION 2
OUR FILE: DEV 81-20
RECOMMENDATION:
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It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following:
1 . That Report PD-42-83 be received; and
* 2. That the attached By-law, being a By-law to
amend By-law 1587, as amended, be approved.
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BACKGROUND:
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On February 8, 1983 an Ontario Municipal Board Hearing was
convened in Court Room 2 of the Bowmanville Court House to
hear an appeal by the Regional Municipality of Durham of the
Decision of the Durham Regional Land Division Committee in
respect of Land Division Applications LD-261 , 262 and
263-82, as well as to hear the request , by the owner of the
lands , that the Town of Newcastle be ordered to amend its
Restricted Area Zoning By-law.
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Report No: PD-42-83 . ./2
As of the date of writing, a Decision has not yet been
rendered by the Board with respect to the severance
applications . However, prior to the Board Hearing, a number
of things occurred which altered the Town 's position with
respect to the rezoning application. The first of these was
the reduction of the Town 's lot levy and the second was an
agreement between Town staff and the solicitor for the
applicant with respect to the form and content of the
proposed Restricted Area Zoning By-law. As a result of
these actions, the Town was not required to present evidence
at the Ontario Municipal Board Hearing, since the issues at
hand had been reduced to one of Official Plan conformity,
and specifically, the availability of full municipal
services to the lots in question.
As a result of the understanding reached with the applicant ,
the Town 's solicitor indicated to the Ontario Municipal
Board Chairman that Town staff would proceed to recommend
approval of the attached amendment to By-law 1587, and
requested that should the Board confirm the Decision of the
Durham Regional Land Division Committee with respect to the
severances , that the circulation requirements in respect of
the By-law be dispensed with. Staff are therefore
recommending that the attached By-law amendment be approved,
and a copy forwarded to the Ontario Municipal Board for
their information, pending a Decision by the Board and
direction from them with respect to the circulation
requirements.
Respec ul mitted ,
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T. T. Edwards , M.C. I .P.
Director of Planning
TTE*mjc
February 23, 1983
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER
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f being a By-law to amend Restricted Area By-law 1587, as amended, of
the former Town of Bowmanville, now in the Town of Newcastle.
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WHEREAS the Council of the Corporation of the Town of Newcastle deems
it advisable to amend Restricted Area By-law Number 1587, as amended,
of the fonner Town of Bowmanville.
NOW, THEREFORE, the Council of the Corporation of the Town of
Newcastle enacts as follows:
1 . Map 1 of Schedule "A" to By-law 1587, as amended, is hereby
further amended by changing to "SPECIAL CONDITION 23" the zone
designation of the lands indicated as "ZONE CHANGE TO SPECIAL
CONDITION 23" on the attached Schedule "X" hereto, and by adding to
the lands so indicated cross-hatching and the figure "23" encircled.
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2. Schedule "B" to By-law 1587, as amended, is hereby further
amended by adding thereto the following:
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"SPECIAL CONDITION 23"
Those parcels of land in part of Lot 11 , Concession 2, as shown on
Schedule "A" cross-hatched and marked with the figure "23" encircled
shall be subject to the provsions hereinafter contained and where
there is any conflict between the provisions hereinafter set out and
the provisions 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.
1 .1 Defined Area
The area subject to this Special Condition is shown
cross-hatched with the figure "23" encircled on the attached
Schedule "A" hereto.
1.2 Permitted Uses
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
systems.
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- uses, buildings and structures accessory to the principle use j
on the lot.
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IV 6A)
- 2 -
1.3 Zone Provisions
(a) Lot Area (minimum) 700 sq. metres
1; (b) Lot Frontage (minimum) 14.0 metres
i' (c) Front Yard (minimum) 6.0 metres
(d) Interior Side Yard
- minimum width shall be 2.0 metres on one side, 1.2 metres
on the other side, plus 0.6 metres on the narrow side for
each additional or partial storey above the first, provided
that where a garage or carport is attached to or is within
the main building, the minimum width of the interior side
yard shall be 1 .5 metres plus 0.6 metres for each
additional or partial storey above the first.
(e) Exterior Sideyard (minimum) 14.0 metres
j Rear Yard (minimum) 10.0 metres
(g) Minimum Dwelling Unit Area Requirements
- one storey or split level single
{ detached dwelling 85.0 sq. metres
- one and one-half storey or two
storey single detached dwelling 110.0 sq. metres
f (h) Maximum Lot Coverage of All Buildings 40 Per Cent
(i ) Maximum Height of Buildings 10.0 metres
t: (j) Minimum Setback from the centreline
of the Canadian National Railway
Right of Way to the nearest point
j of any single detached dwelling 53.3 metres
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3. This By-law shall come into effect on the date hereof, subject
to the provisions of Section 39(11) of the Planning Act.
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BY-LAW read a first time this day of 1983
BY-LAW read a second time this day of 1983
BY-LAW read a third time and finally passed this day of
1983
l MAYOR
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CLERK
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THIS( ' SCHEDULE Y TO BY-LAf 83- ,
PASSED THIS DAY OF A.D. 1983.
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G.B.Rickard,Mayor
FIRST STREET
D.W. Oakes,Clerk
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