HomeMy WebLinkAboutP-206-79PLANNING AND DEVELOPMENT DEPARTMENT D. N. SMITH, M.C.I.P., Director
HAMPTON, ONTARIO LOB 1JO TEL. (416)263-2231
REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF November 22, 1979
REPORT NO.: P-206-79
SUBJECT: Application for Rezoning Number Z -A-2-6-3
Part of Lot 10, Concession 2, former Town
of Bowmanville - Brooking Transport
R A CW C__P nT TMn
On October 9, 1979, Council adopted the following recom-
mendation of the Planning and Development Committee:
"That the Committee support the application for
rezoning, Z -A-2-6-3, Lot 10, Concession 2, Bow-
manville, A. Brooking, and the Director of Planning
be directed to bring forward a zoning by-law to
cover the terms and conditions in Report P-173-79."
It is noted that Report P-173-79 recited the conditions
of approval recommended by Planning and Development Committee at its
meeting of July 23, 1979, namely:
"l. That the applicant enter into a Development
Agreement as described in Section 35 (a) of the
Planning Act with the Corporation of the Town
of Newcastle, and
- 2 -
2. That the said Development Agreement be signed
by the applicant and the Town of Newcastle prior
to approval of the By-law,
3. That the south half of the subject property,
or the minimum area in the southern portion only,
be rezoned to the appropriate designation to per-
mit a special condition for commercial or indus-
trial designation."
(Chairman's Report Item 11)
COMMENT:
The attached amending By-law has been presented to this
Committee in accordance with Council's directive. It is suggested
that this By-law be forwarded to Council for first and second reading,
but that final approval of the By-law be withheld until conditions (1)
and (2) above have been satisfied.
RECOMMENDATION:
I
It is respectfully recommended:
1. That the attached By-law 79- be forwarded to
Council for first and second reading;
2. That staff be authorized to negotiate a Develop-
ment Agreement, as described in Section 35 (a) of
the Planning Act, with the applicant; and
3. That the said Development Agreement be signed
- 3 -
by the applicant and the Town of Newcastle prior
to third reading of By-law 79 -
Respectfully submitted,
NJF:lb D. N. Smith, M.C.I.P.
November 1, 1979 Director of Planning
THE: CMMORATION OF 11'111".
TOWN OV NI;WCA,;'I k
By-law Number 79- 137
A By-law to amend Restricted Area By-law
Number 1587, as amended, of the former Town
o C Bowmarnville .
W11EREAS the Council of the Corporation of the Town of Newcastle deems
it advisable to amend Restricted Area By-law Number 1.587, as amended,
of the former Town of Bowmanville.
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:
A parcel oL land on the east side of: Liberty Street in Bowmanville,
as shown on Schedule "A" Hereto, cross-liatelled and marked "SPECIAL
CONDITION 13", shall be subject to the special regulations herein-
after contained and where there is any conflict between the regu-
lations hereinafter set out and any other provision of By-law 1587,
as amended, then the provisions of these special regulations will
apply, but in all other respects the provisions of By-law 1587, as
amended, shall apply.
1.1 Permitted Uses
No person shall use any of the lands subject to this special
provision, or erect, alter or use any building or structure
on such lands for any purpose except a transport depot, in
accordance with the following provisions:
E
-2 -
1.2 `Lone Provisions
No person shall use any of the lands subject to this
Special Prov[.sion, or erect, alter or use any building
or structure thereon except in accordance with the
following provisions:
(a)
Lot Frontage (minimum)
32 m
(b)
Lot Area (minimum)
1.24 ha
(c)
Front Yard (minimum)
32 m
(d)
Side Yard (minimum)
30 in
(e)
Pear Yard (minimum)
10 m
(f)
Gross Floor Area (maximum)
460 sq. m
(g)
Building height (maximum)
6 m
(h)
Parking Area Location
No parking area for any of the uses permitted
by this Special Provision shall be located out-
side of the lands subject to this special provision,
as shown on Schedule "A", nor within 3 metres of any
lot having a res.idernt.ial use situated thereon within
30 metres.
(i) Development Agreement
Pursuant to Section 35 (a) of the Planning Act, as
amended, the lands subject to this Special Provision
;ire hereby designated a Site Plan Control Area. Not-
withstanding any provision of the Building By-law or
any other By-law of the Corporation to the contrary,
no building permit shall be issued in respect of the
said lands except in accordance with the provisions
of the Development Agreement signed by Allan Brooking
and the Corporation of the Town of Newcastle on
, 1979, as may be amended from time
to time."
2. Schedule "A" of By-law 1587, as amended, of the former
Town of Bowmanville is hereby further amended by adding cross-
hatching and the words "SPI?CIAL CONDI`1'ION 13" to the zone
designation of the lands indicated as "SUBJECT TO SPECIAL
CONDITION 13" to the zone designation of the lands indica-
ted as "SUBJECT TO SPECIAL CONDITION 13" on the attached
Schedule "X" hereto.
3. This By-law shall come into effect on the date hereof,
subject to receiving the approval of the Ontario Municipal
Boa rd.
BY-LAW READ a first time this 3rd day of December , A.D. 1979.
BY. -LAW READ a second time this 3rd day of December , A.D. 1979.
BY-LAW READ a third time and finally passed this day of ,
A.D. 1979.
(seal)
6
G. B. Rickard, Mayor
J. M. McIlroy, Clerk
THIS IS SCHEDULE AXI TO BY-LAW 79-
PASSED THIS _ DAY OF -AD, 1979.
ROAD ALLOWANCE BETWEEN CONCESSION 2 and 3
0
E
O
N W
W
W
N 73°25'E
SUBJECT TO
E SPECIAL
0) CONDITION 13
v
n
0
z
G.B.Rlckard,Mayor
J.M.Mcllroy,clerk