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HomeMy WebLinkAboutP-42-80 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING 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 MARCH 17, 1980. REPORT NO. : P-42-80 SUBJECT: Proposed Amendment to Site Plan Control By-law (By-law 79-151) - File: 8.1. 1 BACKGROUND: The attached By-law 79-151, which was passed by Council on December 17, 1979 designated certain lands within the Town of Newcastle as areas of site plan control, pursuant to the provisions of Section 35a of the Planning Act, as amended by the Planning Amendment Act, 1979. This By-law requires the proponent of any development in the Town of Newcastle to enter into a site plan agreement with the Town to regulate the provision of certain matters and the design of the proposed development. The Planning Act makes provision for the Municipality to exempt certain classes of development from the site plan agreement process. Accordingly, Section 6 of By-law 79-151 lists several classes of development for which a site plan agreement is not required. COMMENT: We have been made aware of two development proposals in the Town of Newcastle which are community oriented. It has been suggested that, because these projects provide a necessEiry community service, and because Council will. be in a position to directly control the development I - 2 - of these facilities, site plan control is not required. It is our recommendation that Section 6 of By-law 79-151 be amended to exempt "community recreation centres" from the site plan control process. RECOMMENDATION: It is respectfully recommended: 1. That this report be received for information; and 2. That the attached By-law 80- be forwarded to Council for approval. Respectfully submitted, &�4_ DNS :lb D. N. Smith, M.C.I.P. March 3, 1980 Director of Planning '1111; CORPORATION 01'� '1'111: TOWN OF NEUCASTLE' A By-law to Amend By-law Number 79-161 of the Corporation of the Town of' Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle DEEMS it advisable to amend By-law Number 79-151 of the Corporation of the Town of Newcastle; NOW THEREFORE the Council of the Corporation of the Town of Newcastle ENACTS as follows: 1. Section 6 of By-law Number 79-151 is hereby amended by adding thereto the following subsection (f) "(f) Any building or structure designated a "Community Recreation Centre" by Municipal By-law pursuant to the Community Recreation Centres Act (1974) ." 2. This By-.law shall come into effect on the date hereof. BY-LAW READ a first time this day of A.D. 1980. BY-LAW READ a second time this day of A.D. 1980. BY-LAW READ a third time and finally passed this day of A.D. 1980. (seal) G. B. RICKARD, Mayor J. M. McILROY, Clerk TIII-: CMd'()kATI()H ()V IA TOWN OF nY-LAW NO. being 0 BY-law to dusQuate curtain lands Within the corporate limits of the Town of Newcastle as N Silo Plan Control Arco pursmint to Chu provisions of Soction 35a of the Planning Act as amended by the Planning Amendment Act 1979. THE COUNCIL OF THE TOWN OF NEWCASTLE ENACTS AS FOLLOWS:- For the purpose of the interpretation of this By-law, "Development" means the construction, erection or placing of one or more buildings or structures on land or the making of an addiLLon or al.Lcratiou to a building or structure that has the cllccl: of subsLanLially incru"sing the situ or usability thereof , or the laying out and establishment of a commercial parking lot. 2 . All land Located within the corporate limits of the Corporation of the Town of Newcastle is hereby designated as a Site plan control area pursuant to the provisions of Section 35A of The Planning Act as amended by Thu Planning Amendment Act 1979, 3. No person shall undertake any development in the area designated under Section 2 unless the Council of the Town of Newcastle or, Whore a referral has j)ccn made under ,;uhsccLf"n 9 Of SUCLLon I of said Section 35a of The Planning Act, the Municipal Board has approved one or both, as the Council may duLurmine , of the foLlowing:- z° Sh a S' { t7 (1) Plans showing the location of all buildings and structures to he crectcd and showing the location of all facilities ,end works Co hp provided in conjunction therewl.th inr_1uding those facilities and works referred to in section 4 of this BY-- law. (2) Drawings showing plan, elevation and cross-section views for each industrial and commercial building to be erected and for each residential building containing twenty-five or more dwelling units to be erected which are sufficient to display , (a) the massing and conceptual design of the proposed building; (h) Chu rulaLlonshi.p or Lhu proposed building to ndjaccnt buildings, streets, and exterior areas to which members of tho public have access; and, (C) the provision of interior walkways, stairs and esca- lators to which members of the public have access from sLreuLs , open spaces and interior walkways in adjacent bnildings , but which uxclude Chu layout of inCcrLor areas, other than the interior walkways, stairs , and escalators herein referred to, the colour, texture, and type of materials, window detail, construction details, architectural detail and interior design. 4. As a condition of approval or Chu pLNns and drawings referred to in the previous section 3, the owner of the lands being developed shall enter into an agruumunL With Chu 'Town of Newcastle to provide i to the Nat isfactjon of and at no uXpc nS, to the ntiinici.pal i.I:Y any or all of the fullowittl; iCum:; ,- (1) Widening of highways that abut on the land. (2) Suh jPct to The PW i_c Tr;rnsportation and Highway Improve- mcnt Act, facilities to provide access to and from the land such as access ramps and curhings and traffic direction signs . (3) OfPstreet vehicular loading and parking facilities, either covered or uncovered, ;recess driveways, including driveways for emergency vehicles, and the surfacing of such areas and driveways . (4) Walkways, including the surfacing thereof, and all other means of pedestrian access . (5) 1'acili.cjcs for the lighting, including floodlighting„ of the land or of any buildings OF sLruc:tures thereon. 6 Walls, 10"cs , hedges, freest, shrubs or other ground-cover or facilities for the landscaping, of the lands or the pr.o- I tOcticn] of ;adjoining lands. (7) Vaults, central storage and coLlection areas and other facilities and enclosures for the r;tornge or garbage and other waste material. c onvuycd to the munj c i prt l i ty for the construction, , Maintenance or improvement Of Watercourses, ditches , Land drainage works and sanitary sewerage facillities on the lands . I A (9) Undf ng or al ruraLlon In U lavnLion or contour of the I NMI and provision lor Me disposal OF storm, surface and waste waLer from the land and from any buildings or structures thereon. 5 The agreement referred to in the previous section shall also pro- vide LhNL rho various fac! LILLus and works referred to in the above mentioned agreement shall be maintained to the satisfaction of the m"nLcipaliLy and at So soLu risk and expense of the owner, including the removal of snow from access ramps and driveways, parking and loading areas and walkways, and in default thereof the provisions of Suction 469 of The Municipal Act shall apply . 61 The provisions of Suct ion 3 of this By-law shall not apply to any development ruLatLng to any of Lhu following structures or buildings : (a) Any rcsLdcnLi1L building containi_ng less than three dwelling units, and buildings and structures accessory thereto. (b) Any buildings or SLUUCLurus located in a park or playground operated by the Corporation of the Town of Newcastle, the Corporation of rho Regional. MunLcLpnLLLy of Durham, any conservation authority established by the Government a[ Ontario, or any Authority, Board or Ministry of the Pro- vince of Ontario or the Dominion of Canada. Any snocLuro urccLud For Lhu p"rp"sus of Flood or erosion control. by any conservation authority established by the Covornmom OF Ontario. 6' (d) Any buildings or aLrnctnrPq rolaWd Lo a permUml af;riCulLural usc in Lhu A and D r.onu ; of Ry-Iaw I587, as amended of the former Town of Bowmanville; the A zone of By-law 1592, as amended of the Former Township of Clarice; the OS and RU zones of By-Jaw 79-44 , as amended, OF the 'Town of Newcastle and the A and J) zones of ByB.aw 2111, as amended, of the former 'Township of Darlington. (e) Any temporary structure, as defined in Section 7.9 of By-.law 1587, as amended, of the former Town of Bowman- vil.le; Section 3.2L of By- law 79-44 of the Town OF Newcamt.Le; or Section 4 (t) of By-law 2111, as amended, of the former Township of Darlington. BY-LAW READ a first time this clay of A.D. 1979. lil'-I.\1 RL:AI) .1 st'Cond L i ntu t li i day of A.D. 1979. BY-LAW READ a Lhird time and finally passed this day of o A.D. 1979 . (seal.) C. B. RICKARD, Mayor J . M. McILROY, Clerk