HomeMy WebLinkAboutP-186-79CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH, M.C.I.P., Director
HAMPTON, ONTARIO LOB 1.10 TEL. (416)263-2231
REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF October 15, 1979.
REPORT NO.: P-186-79
SUBJECT: Application for Rezoning Number Z -A-1-8-2 - Part Lot 11,
Concession 3, former Township of Darlington, East Woodbridge
Developments (Rills of Liberty North)
BACKGROUND:
Application for plan of subdivision Number 18T-77123, proposing
the development of a 79 acre parcel of land in part of Lot 11, Concession
3, Darlington for 46 estate -residential lots, was draft approved by the
Minister of Housing on July 26, 1979, in accordance with a recommendation
adopted by the Town of Newcastle Council on June 18, 1979.
Among the conditions of draft plan approval imposed by the Minister
were requirements "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 approved by the Ontario Municipal Board
under Section 35 of the Planning Act. The Restricted Area (Zoning) By-law
should contain a provision that no part of any dwelling is permitted within
100 feet of the westerly limits of lots 4, 5, 6, 7, 8, 30, 31, 38, 39, 40
and 41"; and that "the lands within the floodplain of the Soper Creek, as
determined by the Central Lake Ontario Conservation Authority floodplain
mapping, shall be placed under an appropriate zoning category in the by-law
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required under condition 9 above, which would have the effect of pro-
hibiting all buildings or structures thereon other than those required
for flood or erosion control".
The applicant has submitted an application requesting the rezoning
of the site to permit the proposed development.
The proposed zoning by-law amendment would comply with the provisions
of the Durham Official Plan, as amended, and the Region of Durham Plan-
ning Department has verified this opinion.
COMMENTS:
Since the subject application complies with the Durham Official
Plan, and would facilitate the final registration and development of
a draft approved plan of subdivision, staff has no objection to its
approval, provided that the issues recognized in the conditions of
draft approval of the subdivision are addressed in the By-law.
The attached By-law subjects the site to a.Special Provision, which
would allow the development of the site for 46 single family dwellings,
but which would prohibit both the placement of dwellings within 30 metres
of any lot used for agricultural purposes, and the erection of any build-
ing or structure within the floodplain of the Soper Creek.
RECOMMENDATION:
It is respectfully recommended:
1. That Application for Rezoning Number Z -A-1-8-2 be approved; and
2. That the attached By-law Number 79- be forwarded to Council
for approval.
Respectfully submitted,
NJF:lb D. N. Smith, M.C.I.P.
October 9, 1979 Director of Planning
THE CORPORATION OF THE
TOWN OF NEWCASTLE
By-law Number 79- 111
A By -:Law to amend Restricted Area By-law
Number2111, as amended, of the former Township
of Darlington.
WHL,REAS the Council of the Corporation of the Town of Newcastle
deems it advisable to amend Restricted Area By --law Number 2111, as
amended, of the former Township of Darlington.
NOW THEREFORE the Council of the Corporation of the Town of Newcastle
ENACTS as follows:
1. Section 13 of By-law 2111, as amended, is hereby further
amended by adding thereto the following subsection 'r':
"(r) Part of Lot 11, Concession 3
Notwithstanding any provisions of this By-law to
the contrary, that portion of Lot 11, Concession 3
i
designated " Special Provision By --law 79- " on the
attached Schedule "A" hereto shall be used only in
accordance with the following provisions:
(a) Permitted Uses
(i) One single-family detached dwelling per lot, and
structures accessory thereto.
(b) Lands Subject to Fl.00din
No person shall erect any building or structure within
the flood plain limits of the Bowmanville Creek, as desig-
nated by the Central Lake Ontario Conservation Authority,
without written permission of the Ceatral Lake Ontario
Conservation Authority.
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(c) Area Requirements
(i) Lot Area (minimum) .4 hectares
(ii) Lot Frontage (minimum) 45.0 metres
where lot lines are not
parallel, the lot frontage
shall be the distance between
the side lot lines, measured on
n 1.I110. 30 metres back from the
front lot line and parallel to it.
(iii) Front Yard (minimum) 15.0 metres
(iv) Interior Side Yard (minimum) 6.0 metres
(v) Rear Yard (minimum) 15.0 metres,
except that no part of
any dwelling may be located
closer. than 30.0 metres from
any lot used for agricultural
purposes.
(vi) Minimum Gross Floor Area 165.0 square metres
(vii) Building Height (maximum) 10 metres
2. Schedule "A" to By --law Number 2111, as amended, is hereby
I(irtlier amended by changing to SPECIAL PROVISION BY-LAW
79- the zone designation of the lands designated "ZONE CHANGE
TO SPECIAL PROVISION BY --LAW 79on the attached Schedule
"X" hereto.
3. This By-law shall become effective on the date hereof subject
to receiving the approval of the Ontario Municipal Board.
THIS BY-LAW READ A first time this 22 day of October , A.D. 1979.
THIS BY-LAW LEAD A second time this 22 day of October , A.D. 1979.
THIS BY-LAW READ A third time and finally passed this 22 day of October, A.D.197
(seal) G. B. Rickard, Mayor
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ZONE CHANGE
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BY-LAW
G. B. Rickard, Mayor
J.M.McIlroy, Clerk