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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 �` i - 2 - 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. - 2 - (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 THIS ISS SCIEDULL 'H' I() WIAW /!7-. ALL --1 /\ PASSED THIS_'""-DAOctober Y OF _)A.D. 1979. N 71- 3 2'E 402-99 m I E 4/ E 0 U) m I q- 0 00 z 403-04m ROAD ALLOWANCE BETWEEN 2 and 3 0 100 20om flo .0 6 0 N Ld LLJ m V) 0 __j z w uj w m w U z 9 0 —1 _j ZONE CHANGE TO SPECIAL PROVISION BY-LAW G. B. Rickard, Mayor J.M.McIlroy, Clerk