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Home My WebLink AboutP-95-81 wxttoct � �� 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 MAY 25, 1981. REPORT NO. : P-95-81 SUBJECT: Application for Rezoning Number Z-A-3-11-7 Part of Lot 25, Broken Front Concession, former Village of Newcastle -- Newcastle Shoreline Ltd. RECOMMENDATION: It is respectfully recommended: 1. That application for rezoning Number Z-A-3-11-7 be approved; and 2. That the attached By-law Number 81-b4 be forwarded to Council for approval. i BACKGROUND: Application for plan of subdivision Number 18T-78006 proposing the development of a 6.5 hectare (16.0 acres) parcel of land in part of Lot 25, Broken Front Concession, Newcastle Village for 7 estate-residential lots, was draft approved by the Ministry of Housing on April 14, 1980, in accordance with a recommendation adopted by the Town of Newcastle Council on February 27, 1980. f I 1 2 - 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 has been appropriately zoned and the necessary restricted area by-law approved pursuant to Section 35(10) of the Planning Act, R.S.O. 1970. The Restricted Area (Zoning) By-law should contain a provision that the lands south of the Building Setback Line, as established by the Ganaraska Conservation Authority, be placed in an appropriate zoning category to the satisfaction of the Ministry of Natural Resources and the Ganaraska Region Conservation Authority, which would have the effect of prohibiting the location of any septic tank, building or structure thereon, except those necessary for 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 Regional Official Plan, as amended, and the Region of Durham Planning 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 division agreement. The attached By-law zones the subject site to an "RR-1" classifi- cation, which would allow the development of the site for 7 single family 3 - dwellings, but which would prohibit the placement of septic tanks, and buildings or structures on the lands south of the Building Set- back Line established by the Ganaraska Conservation Authority. Respectfully submitted, IA�tle EP:lb D. N. Smith, M.C.I.P. May 11, 1981 Director of Planning I THE CORPORATION OF THE TOWN OF,NEWCASTLE By-law No. 81-66 being a By-law to amend Restricted Area By-law Number 79-44, as amended, of the former Village of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend Restricted Area By-law Number 79-44, as amended, of the former Village of Newcastle. NOW THEREFORE the Council of the Corporation of the Town of Newcastle ENACTS as follows: 1. Section 7 of By-law 79-44, as amended, is hereby further amended by adding thereto the following subsection 7. 3: "7.3 SPECIAL CONDITIONS (1) RR-1; Part of Lot 25, Broken Front Concession Notwithstanding any provisions of this By-law to the contrary, that portion of Lot 25, Broken Front Concession designated 'RR-1' on the attached Schedule "A" hereto shall be used only in accordance with the following provisions: (a) Permitted Uses and structures accessory thereto. (b) Lands Subject to Shoreline Erosion Notwithstanding paragraph 1(a) hereto, no person shall_ use, erect, place, or alter any building, - 2 - structure or septic tank on, or alter any lands within, that area defined as being subject to Shoreline Erosion by the Conservation Authority having jurisdiction, being all lands between the high water mark of Lake Ontario and the top of bank of the Lake Ontario Shoreline, as approved by the Conservation Authority having jurisdiction and between the approved top of bank and a line setback 65.0 metres inland from the top of bank. Lands identified as being susceptilile to Shoreline Erosion may be used for erosion control1purposes upon approval of the Conservation Authority having juris- diction. Furthermore, prior to the issuance of building permits for any lands within the defined area, subject of this Special Condition, the written approval of building siting plans shall be required from the Conservation Authority having jurisdiction. (c) Zone Provisions (i) Lot Area (minimum) 0.8 hectares (ii) Lot Frontage (minimum) 45.0 metres (iii) Front Yard (minimum) 15.0 metres (iv) Side Yard (minimum) 6.0 metres the top of bank of the Lake Ontario Shore- line as approved by the Conservation Authority leaving jurisdiction. 3 - (vi) Gross Floor Area (minimum) 165.0 square metres (vii) Building Height (minimum) 10.0 metres 2. Schedule A to By-law Number 79-44, as amended, is hereby further amended by changing to "RR-1" the zone designation of the lands designated "ZONE CHANGE TO RR-l" on the attached Schedule X hereto. 3. This by-law shall come into effect on the date hereof, subject to the provisions of Section 35(10) of the Planning Act. i BY-LAW READ A FIRST TIME, this 1st day of June , A.D. 1981. BY-LAW READ A SECOND TIME, this 1st day of June , A.D. 1981. BY-LAW READ A THIRD TIME AND FINALLY PASSED, this lst day of June A.D. 1981. MAYOR (seal) CLERK i IHIS IS SCHE III — I 1 PASSED THIS xa r DAY 0 F __..I.uia.,c..a.. 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