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HomeMy WebLinkAboutP-134-80 e pp i �i CORPORATION 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 JULY 21, 1980. REPORT NO: P-134-80 SUBJECT: Town of Newcastle Restricted Area By-Law 79-111 Ontario Municipal Board Hearing of June 30, 1980 Board File: R-80442 Our File: Z-A-1-8-2 (Rills of Liberty North Rezoning) BACKGROUND: On June 30, 1980, Town Staff participated in the above-mentioned Municipal Board Hearing. The Hearing was convened in order to hear an objection filed to by-law 79-111 by a neighbourhooding property owner. During the course of the Hearing information and testimony was presented by a second property owner in respect of the relationship of the future residences along the west side of the subdivision and his orchard immediately adjacent. It was noted by Town Staff that there was a defect in By-law 79-111 in that the By-law Number had not been inserted in all places throughout the text. The presiding Board Member rendered an oral decision to the effect that By-law 79-111 would be approved, upon submission of a revision correcting the defect in the by-law and providing for setback of 30 metres between the westerly property boundary and the water surface area of any future swimming pool that might be constructed on the westerly most residential lots. Staff have prepared the attached by-law in accordance with the Municipal Board's decision and recommend that it be forwarded to Council for adoption. Staff note that the attached by-law should be forwarded to the Ontario Municipal Board with a copy of this report. y � *�6 -« 1 - 2 - Report No. P-134-80 RECOMMENDATION: That Planning and Development Committee recommend to Town Council that the attached by-law be approved and forwarded to the Ontario Municipal Board pursuant to the Board's Decision on By-law 79-111 (O.M.B. File R-80442) . Respect-full y �_Pbmitted r 'rte, D.N. Smith, M.C.I.P. Director of Planning DNS:lf THE CORPORATION OF THE TOWN OF NEWCASTLE By-Law No. 80- 101 A by-law to amend Restricted Area By-law Number 2111, as amended, of the former Township of Darlington. WHEREAS 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) By-Law 79-111 of the Town of Newcastle is hereby repealed. (2) Section 13 of By-law 2111, as amended, is hereby further amended by adding thereto the following subsection 'r. ' :- "(r) Part of Lot 113 Concession 3 Notwithstanding any provisions of this by-law to the contrary, that portion of Lot 11, Concession 3 designated 'Special Provision By-law 80-101 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 Flooding No person shall erect any building or structure within the flood plain limits of the Bowmanville Creek, as designated by the Central Lake Ontario Conservation Authority, without written permission of the Central 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 a line 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 or the water surface area of any swimming pool 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 (3) Schedule "A" to By-Law Number 2111, as amended, is hereby further amended by changing to SPECIAL PROVISION BY-LAW 80-101 the zone designation of the lands designated "ZONE CHANGE TO SPECIAL PROVISION BY-LAW 80-101 " on the attached Schedule "X" hereto. (4) This By-law shall become effective on the date hereof subject to receiving the approval of the Ontario Municipal Board. 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 (Seal) Mayor J.M. Mcllroy Cleric s � •I . 7 1, • • • u r • fA •