HomeMy WebLinkAboutP-165-79CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT D. N. Smith , M.C.I.P., Director
HAMPTON, ONTARIO LOB 1J0 TEL. (416) 263-2231
REPORT TO PLANNING AND DEVELOPMENT C014MITTEE MEETING OF September 17, 1979.
REPORT NO.: P-165-79
SUBJECT: Application for Rezoning No. Z -A-2-12-5
LDCM Investments and Barmond Builders Ltd.
Part of Lot 14, Concession 2, former Township of
Darlington
BACKGROUND:
Applications for plan of subdivision and amendment to the Darling-
ton Restricted Area (Zoning) By-law were filed by the applicant late
in 1976, to facilitate the development of the subject 36.69 acre parcel
of land for 14 estate residential lots, and an 8.1 acre open space block.
These applications were circulated in accordance with normal proced-
ures, and comments from the Ministry of Agriculture and Food indicated that
the proposal would conflict with the Agricultural Code of Practice. At
the applicant's request, no further action was taken in respect of these
applications, pending resolution of this problem.
The applicant subsequently referred both applications to the Ontario
Municipal Board under Section 44 of the Planning Act.
At the same time as the appeal was being processed, the Ministry of
Agriculture and Food was persuaded to withdraw its objection to the pro-
posal, and on March 12, 1978 the Town was able to recommend draft approval
- 2 -
of the proposed plan of subdivision. Draft approval of the Plan was
subsequently granted by the Ministry of Housing, and the applicant
withdrew its appeal relating to the subdivision application.
The Ontario Municipal Board Hearing of the application for re-
zoning was held on March 26, 1979. In a written decision dated April
S, 1979, the Board Member ruled that the "Appeal will be allowed and
order granted upon submission of a revised draft by-law providing for
lot dimensions in accordance with those shown in the approved draft
plan of subdivision."
COMMENT:
The attached By-law has been prepared to satisfy the conditions
of the Board's decision.
RECOMMENDATION:
It is respectfully recommended:
1. That the attached By-law Number 79- be forwarded
to Council for approval.
Respectfully submitted,
NJF:lb D. N. Smith, M.C.I.P.
September 12, 1979 Director of Planning
TJIE' CORI'01tA JON OV ' IIE'
TOWN OP NEWCASTLE
By-law Number 79- 100
A By-law to amend Restricted Area By --law
Number 1587, as amended, of the former Town
of Bowmanville.
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 former Town of Bowmanville.
AND WHEREAS the Ontario Municipal Board has approved an application for
Zoning By --law Amendment filed by the owners of the lands subject to
this amendment, subject to the preparation of a satisfactory Zoning
By-law Amendment,
NOW THEREFORE the Council of the Corporation of the Town of Newcastle
ENACTS as follows:
1. Schedule "B" to By-law 1587, as amended, is hereby further amended
by adding thereto the Following Special Condition 11:
"SPECIAL CONDITION 11
A parcel of land on the eastside of. Regional Road 57 in Bowman-
vil.le, being the whole of PlanlOR as shown on Map 1 of Schedule
"A" cross -hatched and marked "SPECIAL CONDITION 11", shall be sub-
ject to the special regulations hereinafter contained, and where
there is any conflict between the regulations hereinafter set out
and any other provisions of this By-law, as amended, the provisions
of these special regulations shall apply, but in the event that the
special condition is silent on any matter, then the provisions appli-
cable to an RE zone shall apply.
-- 2, --
1.1 Defined Area
The area subject to this special condition is that part
of Lot 14, Concession 2, being the whole of Plan JOR
shown cross—hatched and marked "Special Condition 11" on
Schedule 'A' hereto.
1.2 Permitted Uses
No person shall use any of the lands in the defined area,
except .Part J, Plan lOR , or erect, alter or use any
building or structure for any purpose except in accordance
with the following provisions:
(a) Residential Uses
one single family dwelling per lot, and uses,
buildings and structures accessory thereto.
(b) Non—Residential Uses
a public park.
1.3 Minimum Lot Requirements
No person shall use any of the lands in the defined area,
except Part 1, Plan 10R , or erect, alter or use any
building or structure except in accordance with the follow—
ing provisions:
(a) LOT FRONTAGE (minimum) 45.5 m
(b) LOT AREA (minimum) .6 ha
1.4 Servicing_Recquir-ements
No person shall erect or use any building or structure as
a dwelling unless such building is serviced with a potable
water supply and sewage disposal system to the satisfaction
of the governmental authority having jurisdiction.
1.5 Permitted
Uses
- par
Plan
IOR
No person
shall
place any
fill
or erect, alter or
use any building or structure, except for flood con-
trol purposes, within the limits of Park (j , Plan lOR ,
and such building or structure shall not be erected or
altered, nor shall fill be placed, without the written
permission of the Central Lake Ontario Conservation
Authority."
2. Schedule "A" to By-law 1557, as amended, is hereby further amended
by adding cross -hatching and the words "SPECIAL CONDITION 11"
to the zone designation of the lands indicated as "ADD SPECIAL.
CONDITION 11" on the attached Schedule A" Hereto.
3. This By-law shall come into effect on the date hereto, sub-
ject to receiving the approval of the Ontario Municipal Board.
BY-LAW a first time this 2.4 day of September_ , A.D„ 1979.
BY-LAW a second time this 24 day of September , A.D. 1979.
BY-LAW READ a third time and finally passed this 24 day of September.
A.D. 1979.
(seal)
C. B. Rickard, Mayor
J. M. McIlroy, Clerk
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ADD SPECIAL
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G.B.Rickard,Mayor
J.M.Mellroy,Clerk