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HomeMy WebLinkAboutPD-42-83 v " v4 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: i 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. I i BACKGROUND: i 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. i i i 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 , i 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 1' 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. i 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. t i 2. Schedule "B" to By-law 1587, as amended, is hereby further amended by adding thereto the following: I "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. i - uses, buildings and structures accessory to the principle use j on the lot. i I i 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 I 3. This By-law shall come into effect on the date hereof, subject to the provisions of Section 39(11) of the Planning Act. I ' 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 I� CLERK i G' I , 3 I k i r{rYe THIS( ' SCHEDULE Y TO BY-LAf 83- , PASSED THIS DAY OF A.D. 1983. I � f ZONE CHANGE TO j 2 51m . I CONDIT ON 23 45-GOm i NIB°14'14 16-76m �c N71°4530"E 51.82m ( w � \ w q, 2.51m \ Cr N \ (n Y I I a 2 51m z N 730 48'30"E 56.57 m � h V Z N18°14'W jf 51-37m 50� ti9 2.70m b\1 ( SEAL ) V,96 (Y 6.s98 S0. m W G.B.Rickard,Mayor FIRST STREET D.W. Oakes,Clerk ! KEY MAP BOWMANVILLE 1:25 000 I� 14 13 12 j II 10 1 9 8 7 I I I I I I Y I ICON t I t I I s 1 2 I — I �• I o SU JECT '< I SIT O �aa I t giNE CRT. I cot Lf.S., i i i i