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HomeMy WebLinkAboutP-83-80 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 APRIL 28, 1980. REPORT NO. : P-83-80 SUBJECT: Proposed Amendment to Site Plan Control By-law (By-law 79-151) Our 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 previsions 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 Munici- pality to exempt certain classes of development from the site plan agree- ment process. Accordingly, Section 6 of By-law 79-151 lists several classes of development for which a site plan agreement is not required. COMMENT: As indicated in°previous staff reports, from time to time, it would be expedient for Council to make certain amendments to By-law 79-151 to allow certain classes or types of development to be exempted from site plan control. 2 - Staff now recommend that buildings or structures related to the provision of public utilities be exempted from site plan control as these uses provide necessary public services and are planned and develop- ed by public agencies. Staff recommend that Section 6 of By-law 79-151 be further amended to exempt "public utilities" from the site plan control process. RECOMENDATION: It is respectfully recommended: 1. That this report be received for information; and 2. That the attached by-law be forwarded to Council for approval. Respectfully submitted, AAA117 DNS:lb D. N. Smith, M.C.I.P. April 22, 1980 Director of Planning THE CORPORATION OF THE TOWN OF NEWCASTLE By-law No. 80- A By-law to amend By-law Number 79-151 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 further amended by adding thereto the following subsection (g) : "(g) Any building or structure used as a public utility or any building or structure accessory thereto, owned and operated for or by the Corporation of the Town of Newcastle, the Newcastle Public Utilities Commission, the Corporation of the Regional Municipality of Durham, Ontario Hydro or any other Authority, Board or Ministry of the Province of Ontario or the Dominion of Canada. " 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. G. B. RICKARD, Mayor (seal) J. M. McILROY, Clerk THE (MRPORATtON OF THE 010 TOWN UI�' NI-;WCA,;T1. BY-LAW NO. 79- 151 being a By-law Lo dus ig"aLe cu rLa L" lands w 1. h Ln the corporate limits of the '.Gown of Newcastle as a Site Plan Control Area pursuant to the provisions of Section 35a of the Planning Act as amended by the n Planning Amendment Act 1979. THE COUNCIL OF THE TOWN OF NEWCASTLE ENACTS AS FOLLOWS:-- 1. 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 addition or alteration to a building or structure that has the effect of substantially increasing the size 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 The 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, where a referral has been made under subsection 9 of section ]_ of said Section 35a of' The Planning Act, the Municipal Board has approved one or both, as the Council may determine, of the following:- Al Y (1) flans showing; the location of all buildings and structures to be erected and showing; the location of all facilities and works to be provided in conjunction therewith including 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; (b) the relationship of the proposed building to adjacent buildings, streets, and exterior areas to which members of the public have access; and, (c) Lhu provision of interior walkways, stairs and usua- lators to which members of the public have access from streets, open spaces and interior walkways in adjacent buildings, but which exclude the layout of interior 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 of the plans and drawings referred to in the previous section :3, the owner of the lands being; developed shall enter into an agreement with the Town of Newcastle to provide to the satisfaction of and at no expense to the municipality any or all of the following items :- (1) Widening of highways that abut on the land. (2) Subject to The Public Transportation and highway Improve- ment Act, facilities to provide access to and from the land such as access ramps and curbings and traffic direction signs. (3) Off-street vehicular loading and parking facilities, either covered or uncovered, access 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 . (S) facilities for the lighting, including floodlighting, of the .bind or of any buildings or structures thereon. (6) hulls, fences, hedges, trees, shrubs or other ground-cover or facilities for the landscaping of the lands or the pro- tection of adjoining lands. (7) Vaults, central storage and collection areas and other facilities and enclosures for the storage or garbage and other waste material. (8) Easements conveyed to the municipality for the construction, maintenance of improvement of watercourses, ditches, land drainage works and sanitary sewerage f acili ties on the lands . (9) Grading or alteration in elevation or contour of the land and provision for the disposal of storm, surface and waste water from the land and from any buildings or structures thereon. 5. The agreement referred to in the previous section shall also pro- vide that the various facilities and works referred to in the above mentioned agreement WWI he maintained to the satisfaction of the municipality and at the sole 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 Section 469 of The Municipal Act shall apply. 6. The provisions of Section 3 of this By-law shall not apply to any development relating to any of the following structures or buildings: (a) Any residential building containing less than three dwelling units, and buildings and structures accessory thereto. (b) Any buildings or structures located in a park or playground operated by the Corporation of the Town of Newcastle, the Corporation of the Regional Municipality of Durham, any conservation authority established by the Government of Ontario, or any Authority, Board or Ministry of the Pro- vince of Ontario or the Dominion of Canada. (c) Any structure erected for the purposes of flood or erosion control by any conservation authority established by the Government of Ontario. i (d) Any buildings or strictures related to a permitted agricultural use in the A and ll zones of By-law 1587, as amended of the former Town of Bowmanvi_lle; the A zone of By-law 1592, as amended of the former Township of Clarke; the OS and RU zones of By-law 79-44 , as amended, of the Town of Newcastle and the A and D zones of By-law 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- ville; Section 3.21 of By-law 79-44 of the Town of Newcastle; or Section 4(t) of By-law 2111, as amended, of the former Township of Darlington. BY-LAW READ a first time this 17th day of December A.D. 1979. BY-LAW READ a second time this 17th day of December A.D. 1979. BY-I.AW READ a third time and finally passed this 17th day of December A.D. 1979. (seal) C. B. RICKARD, Mayor Clerk I I i