HomeMy WebLinkAboutPD-83-93
DN: DEV91022.GPA
Meeting:
General purpose and Administration committee
File #
Date: Monday, May 17, 1993
Report #:
PD 83-93- File #:
DEV 9-1-022
Subject:
REZONING APPLICATION - ROSEBRIDGE NEWCASTLE INC.
PART LOT 34, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON
FILE: DEV 91-022
It is respectfully recommended that the General purpose and
Administration committee recommend to council the following:
1. THAT Report PD-83-93 be received;
2. THAT application to amend the Town of Newcastle comprehensive
Zoning By-law 84-63, as amended, submitted by Rosebridge
Newcastle Inc. to permit a mixed-use development be approved for
a maximum 3200 sq/m of retail commercial floor space, 929 sq/m of
office commercial floorspace and 110 apartment units;
3. THAT the amending by-law attached hereto be forwarded to council
for approval;
4. THAT the "H" _ Holding symbol in the amending by-law will not be
removed until such time all applicable Official plan Amendments
and modifications are approved by the Ministry of Municipal
Affairs and the applicant has entered into a site plan agreement
with the Town; and
5. THAT a copy of this report and the amending by-law be forwarded
to the Region of Durham Planning Department;
6. THAT the interested parties listed in this report and any
delegation be advised of council's decision.
1.1
1.2
APPLICATION DETAILS
Applicant: Rosebridge
Rezoning Application:
1.
Newcastle Inc.
from "special purpose commercial
Exception (CS-3)" to permit the
development of 929 square metres of
office commercial and ~:::L square met.!es._
of retail commercial totalling 4646
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RECYCI.El) PAPIER
PAPER RECYCLE
REPORT NO.: PD-83-93
PAGE 2
1.4 Land Area:
square ~etres of commercial office and
retail floor space and 110 residential
apartment units having 9136 square
metres of floor area.
1.62 ha (4.0 acres)
2. LOCATION
2.1 The subject property is located in Part Lot 34, Concession 2,
former Township of Darlington. The lands are on the north-east
corner of King street (Highway NO.2) and Varcoe Road. The site
includes all parcels municipally known as 1450 to 1468 King
street (Highway No.2), and 7 and 9 Varcoe Road.
3. BACKGROUND
3.1 The subject rezoning application was received by the Town of
Newcastle Planning and Development Department on May 7, 1991.
The rezoning application was submitted concurrently with an
application for site Plan approval. The site as described above
falls within the Courtice Highway No. 2 Corridor study area. The
applicant had previously submitted an Official Plan Amendment
application (O.P.A. 90-072/N). staff considered this application
in the preparation of the Courtice Highway #2 Corridor study and
subsequent Official Plan Amendment #41.
3.2 The application for zoning by-law amendment and site plan
approval currently being considered by the Committee proposes to
develop the 1.62 ha parcel with essentially two building masses.
The first building is to be located in the south-east corner of
the site, providing a street front oriented building paralleling
both King street and Varcoe Road. Said building is proposed to
have two floors with a ground floor retail floor space area of
1117 sq/m and a second floor office space of 929 sq/m.
'-------3-;-9 The seee~,~:H:4ing mass is-~osed to be an I.-shaped "structure
paralleling the north and east property lines of the site. The
proponents are currently seeking~approval of a five (5) storey
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PAGE 3
REPORT NO.: PD-83-93
structure with a total of 2600 m2 of retail commercial on the
ground floor and four (4) floors of residential with a total of
110 apartment units, and a residential floor area of 9136 sq/m.
3.4 The applicant has prepared and submitted a retail market analysis
prepared by Clayton Research in support of the application. A
traffic impact assessment study prepared by Cansult Engineering
Limited was submitted to address commenting agency and staff
concerns. In addition, a report detailing preliminary stormwater
management and site servicing issues was forwarded to address
concerns raised by the commenting agencies.
4. EXISTING AND SURROUNDING USES
4.1 The existing site is currently occupied with a sales .centre for
lands located north of Nash Road between Trulls Road and court ice
Road. The site also contains vacant and boarded residential
structures and two residential structures which have been subject
to fire and vandalism. The applicant has advised staff that they
have recently taken steps to make the site more secure.
4.2 surrounding land uses are as follows:
South: an EssO Service station, PegasuS Motor Vehicle Sales,
oshawa Monument and vacant lands subject to a
development application for a mixed use proposal.
East: existing single family residential dwellings and a
parkette.
North: vacant lands subject to residential development
applications.
West: A motor vehicle repair garage and Adam's Warehouse
(which occupies the former Kingvar Car dealership site)
and existing residential fronting on Varcoe Road.
5 PUBLIC MEETING AND RESPONSE
5.1 pursuant t2~~ounci~'s resolution of July 26, 1982, and the
requirements of the Planning Act, the approprtate signage
acknoWledging the application was installed on the subject lands.
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PAGE 4
REPORT NO.: PD-83-93
In addition the appropriate notice was mailed to each landowner
and tenant within the 120 metre prescribed distance.
5.2 One neighbouring land owner presented committee members with a
letter which summarized her concerns. The first objection was to
the height bonusing clause contained in the original Amendment
#41. They also have concerns with the density of the
development, in that the subject proposal has virtually the same
number of units as the previous 15 storey submission. Should the
application be approved they requested that a 8 to 10 foot high
concrete sound barrier be installed by the developer abutting the
existing residential dwellings.
6. OFFICIAL PLAN POLICIES
6.1 The 1976 Durham Regional Official Plan designates the subject
property "Residential". Amendment #259, approved by Regional
council in 1990, redesignated the property as being within a
newly designated "sub-central Area". The proposed mix-use
development conforms to Amendment #259.
6.2 The 1991 Durham Regional council approved Official Plan
designates the lands as part of a "sub-central Area". The
policies of the sub-central Area designation encourage areas
designated as such to be planned similar to, but generally
smaller than a Main central Area. SCA's are to serve large
segments of urban areas with uses complementary to those offered
in the Main Central Area. Typical uses shall include an array of
shopping, personal, recreational and residential uses. The
proposal appears to conform.
6.3 within the Town of Newcastle Official plan the subject property
is designated "special purpose commercial Node". However,
Amendment #41 redesignates the subject property to allow mixed
uses within the newly created "Gateway sub-Central Area"
designation. The policies of the Gateway COliOllercial--aUempt to
77
REPORT NO.: PD-83-93
PAGE 5
achieve an appropriate range of commercial uses and higher
density residential uses in relevant locations that can be well
integrated with the commercial character of the area. The lands
designated as "Mixed Use Development Area" are to be the focal
point of activity and architectural interest in the Gateway
Commercial Area. The proposed development conforms to Amendment
#41.
6.4 Modification to Amendment #41 (see Report PD-80-93) as it affects
the subject property, reduces the retail commercial floor space
allocation from 3717 sq/m as proposed to a maximum allowable 3200
sq/m while maintaining the office commercial of 929 sq/m.
Furthermore, it deletes the bonusing provision (that would
increase the building height from 5 to 7 storeys) by fixing the
height restriction at 6 storeys. However, it would also permit a
development to achieve a floor space index of 1.00. These
modifications have been discussed with the applicant who concurs.
6.5 In the courtice West Neighbourhood Development Plan the subject
lands are identified as being within the "Gateway Commercial
Area" and further designated as a "Mixed Use Area" in Amendment
10 to the courtice West Neighbourhood Plan. The policies are
similar and consistent with those contained in the modification
of Amendment #41 to the Town's Official Plan. The proposal
conforms to the Neighbourhood Plan.
7. ZONING
7.1 The current zoning on the subject property is "Special Purpose
Commercial Exception (C5-3)". This special exception zone
category would permit all the uses in the parent "C5" zone.
These use however, would not permit the residential component of
the application or the office commercial uses, hence this
application to amend the zoning by-law.
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REPORT NO.: PD-83-93
PAGE 6
8. AGENCY COMMENTS
8.1 In accordance with departmental procedure the subject application
was circulated to a number of agencies and departments for
comment.
8.2 The Public Works Department reviewed the subject application in
conjunction with the supporting documentation submitted (traffic
study and stormwater management report) and advised they have no
objection in principle with this development. Staff have
reviewed the stormwater management options and have no objection
to either option. Should the second option, proposing a storm
sewer easement from King Street to the Creek be implemented, the
easement must be located abutting the future park as outlined in
neighbourhood plan Amendment #10 (PD-80-93). Furthermore, the
final design of the storm sewer must be such that it is capable
of accommodating all upstream development in accordance with the
Town approved neighbourhood plan.
Public Works further advised that should the application be
approved the applicant will be required to bear the costs (100%)
of any works required on Varcoe Road necessitated as a result of
this development as well as a road widening on said road. That
any lands beyond the Ministry of Transportation road allowance
required for a sidewalk on King street be dedicated to the Town.
The future sidewalk shall be located 1.5 m from the curb line and
0.75 m from the property line. The proponent is responsible for,
pipe crossing agreement and encroachment permits from M.T.O. and
access permits from the Town. Furthermore, a lot grading plan
must be prepared to the satisfaction of the Director of Public
Works and include relevant information required from other
reviewing agencies (ie. C.L.O.C.A. and M.N.R.).
8.3 The Community Services Department staff reviewed the subject
ap~~ication and provided no objection in principle to the
development advising that the proposed population may be
accommodated in the existing cherryblossom Parkette and a future
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PAGE 7
REPORT NO.: PD-83-93
park north of Nash Road and west of Varcoe Road. community
Services staff further advised they require cash-in-lieu of
parkland be calculated on the basis of 1 ha per 300 dwelling
units for the residential component and a 2% dedication for the
retail and office commercial component. The applicant must
provide indoor and outdoor recreational opportunities on site for
future residents. The applicant is to provide safe access to the
parkette from the apartment and furthermore, that the site plan
reflect the streetscape approved in the courtice Corridor study
Landscape Plan.
8.4 The Fire Department advised that response will be from station
#4, courtice. Concern was expressed regarding the location of
available fire hydrants, either on the south side. of King street
or at the north east corner of King street and Varcoe Road.
private hydrants are recommended in the area of the north west
and south east corners of the property. The location of parking
spaces, directly in front of the proposed retail stores provides
restricted accessability, this will be further reviewed through
the site plan approval process.
8.5 The public School Board has advised that the 110 units proposed
would generate 35 students at S.T. Worden P. s. which is
currently over capacity with four portables on site. Although
the school board staff provided no objection, they require
sidewalks be constructed on Varcoe Road as a condition of
approval. planning staff note, this requirement will be reviewed
further with public Works staff in light of the Development
Charges By-law.
8.6 The Separate School Board's review of the proposal also raised no
objections. students from this development will attend Mother
Teresa Elementary School in courtice, while secondary students
bussed to st. stephen's in Bowmanville.
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REPORT NO.: PD-83-93
PAGE 8
8.7 Central Lake ontario conservation Authority Staff have reviewed
the application and supporting documentation and are prepared to
support the proposal in principle. The applicant in conjunction
with other land owners along King Street, at the request of
CLOCA, undertook a study to address the cumulative impacts of the
developments on an outfall to the Farewell Creek. CLOCA supports
option #2 presented in the report which proposes that the
outfall, just west of the watercourse, be enclosed. The
municipality will be required to accept an easement over the
enclosed storm sewer proposed south of King Street. site
specific details regarding on-site stormwater management are
still being reviewed and will be incorporated in comments on site
plan approval.
8.8 Ministry of Natural Resources Staff requested a preliminary
stormwater drainage and erosion control report prior to
commenting. Such a report was submitted and found to be
acceptable in principle. As such conditions of approval were
forwarded to be incorporated in the Town's site plan agreement.
The applicant must detail for the Ministry's approval a final and
to be implemented report describing, the intended means of
conveying stormwater flow form the site in accordance with
provincial policy, and the means whereby erosion and
sedimentation and their effects will be minimized on the site
during and after construction in accordance with provincial
policy.
8.9 The Ministry of Transportation provided no objection in principle
to the development. Ministry Staff advised that the proposed
single access location was acceptable as per the latest
submission. However, all new multiple family
residential/commercial buildings require a minimum setback of
16.4 (54 feet) from property line abutting King street. This is
discussed in the Staff comments. The stormwater
management plan, including the construct
outfall, is considered acceptable.
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REPORT NO.: PD-83-93
PAGE 9
8.10 Region of Durham Planning Staff provided comments based on the
proposals conformity with Amendment #41 as approved by Local and
Regional Council. It was noted that any zoning by-law amendment
passed prior to Ministry approval of the Amendment #41 should be
passed pursuant to section 34(19) of the Planning Act,1983, as
amended.
8.11 Region of Durham Works Staff advised that municipal water and
sanitary sewer is available on both Varcoe Road and King Street.
Any existing service connections which are not required to
service the proposal must be abandoned to the satisfaction of the
Region.
9. STAFF COMMENTS
9.1 The submission proposes to develop 929 sq/m of office commercial
and 3717 sq/m of retail commercial floor space as well as 110
apartment units over 9136 sq/m of floor area. This application
was filed in consideration of, and in conformity with the
policies contained in Amendment #41. The retail market analysis
prepared by Clayton Research, supported the proposed retail floor
space within the context of Amendment #41. The application is
also supported by the work being completed in The Commercial
Hierarchy Study by Arthur Anderson and Associates.
9.2 Staff has reviewed the application in consideration of the
policies contained in the modification to Amendment #41, as per
report PD-80-93. The modification to Amendment #41 allows a
maximum of 8000 sq/m of retail commercial floor space in Policy
Area "C", which includes the subject property. This has been
reduced by 6000 sq/m from the original Amendment #41. As a
result, a reduction to the retail commercial floor space
contained within this proposal is appropriate. The subject lands
are the largest consolidate land parcel in Policy Area "c" and as
staff can a maximum retail commercial floor
space of 3200 sq/m down from 3717 sq/m as proposed, while
maintaining the office commercial at 929 sq/m.
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REPORT NO.: PD-83-93
PAGE 10
9.3 Staff have discussed some of the proposed modifications to
Amendment #41 with the applicant. Specifically, the bonusing
provision that would allow the residential building to increase
from 5 to 7 storeys, which has been eliminated. In lieu of this
change, the modification contained in report PD-80-93 will allow
the residential component of a proposal, in Policy Area C, to
achieve a maximum height of 6 storeys. Should the proponent wish
to pursue the possibility of increasing the building height to
six storeys, a rezoning application will be required.
9.4 The amended Gateway Official Plan policies, dealing with the
Court ice corridor area stress the importance of creating an
attractive environment for pedestrians, siting of buildings in
such a manner which will clearly define edges of streets, and
providing pedestrian amenities and appropriate landscape features
between buildings and public walkways. As such staff have
stressed a street front oriented building is required at the
Varcoe Road and King Street intersection. This is contrary to
Ministry of Transportation comments, although consistent with the
Ministry's own "Transit supportive Land Use Planning Guidelines"
as released in April of 1992. Said policy documents strongly
encourages street front oriented buildings, creating a more
pedestrian and transit supportive streetscape.
9.5 The applicant submitted a traffic study in support of the
application which dealt with access, trip distribution, on-site
queuing and parking requirements. Although the applicant
proposed two access points on King Street, the Ministry of
Transportation has recommended that one access only be permitted
for the development. Through the rezoning application, the
applicant requested parking requirements be reduced by 33 spaces
for the office component. Staff are not able to support this
request and the applicant is required to re-examine the layout of
the proposal to provi~e adequate parking. As a result the
proposed amending by-law does not provide for a reduction of the
parking requirements.
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REPORT NO.: PD-83-93
PAGE 11
9.6 The landscaping for the development will be revised through final
site plan submission to conform with the Council approved
Landscaped Design Guidelines. Mixed commercial/residential
developments require 4.5 m landscaped strip abutting public roads
and parks and a 3.0 m strip abutting residential areas. Further
landscape details such as species type, size and number will be
established at a latter date. The proponent will also be
responsible for contributing to the King street and Varcoe Road
streetscape improvements as per council resolution from approval
of the Corridor study.
10. CONCLUSION
10.1 In consideration of the comments contained within the report, the
supporting documentation submitted by the applicant, the
Commercial Hierarchy study prepared by Arthur Anderson and
Associates, and the modification to Official Plan Amendment #41,
as contained in PD-80-93, staff would have no objection to
council adopting the attached zoning by-law amendment, subject to
the by-law being passed pursuant to section 24(2) of the Planning
Act, which means the by-law could not come into effect until all
amendments to the Regional Plan, Local Plan and the proposed
modifications thereto are approved by the Ministry of Municipal
Affairs.
Respectfully submitted,
Recommended for presentation
to the Committee
cJr~,-O~.~,
Franklin W,-M.C.I.P.
Director of Planning
and Development
(
CP*FW*ld
*Attach
11 May 1993
ATTACHMENT #1
ATTACHMENT #2
ATTACHMENT #3
ATTACHMENT #4
- Key Map ,
- Location Map
- Preliminary site Plan
- zoning By-law Amendment
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REPORT NO.: PD-83-93
PAGE 12
Interested parties to be notified of council and committee's decision:
Rosebridge Newcastle Inc.
4300 Steeles Avenue West
unit 17
WOODBRIDGE, ontario
L4L 4C2
David Johnston Architect Inc.
1110 Sheppard Avenue East
NORTH YORK, ontario
M5N 1T9
Attn: David Johnston
Cathie Percewicz
19 Cherry Blossom
COURTICE, ontario
Bill Lambert
34 Cherryblossom Crescent
Courtice, ontario.
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DN: BYLAW91. 022
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 93-___
being a By-law to amend By-law 84-63, the comprehensive Zoning By-
law for 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 84-63, as amended, of the
Corporation of the Town of Newcastle to permit the development of
a mixed-use development having a maximum retail floor area of
3200sq/m (DEV 91-022) .
WHEREAS said by-law is passed pursuant to section 24 (2) of the
Planning Act, R.S.O. 1990, chapter 13. and shall not come into
effect until such time as all applicable Official Plan Amendments
have been approved by the Ministry of Municipal Affairs.
NOW THEREFORE BE IT RESOLVED THAT the council of the corporation of
the Town of Newcastle enacts as follows:
1. section 16.5 "Special Exceptions - General commercial (C1)
Zone" is hereby amended by adding thereto, the following new
special Exception 16.5.11 as follows:
"16.5.11 General commercial Exception (C1-11) Zone
Notwithstanding the provisions of section 16.1, 16.2 and 16.3,
those lands zoned (C1-11) on the schedules to this By-law
shall be subject to the following zone regulations:
a) Permitted Residential Uses
i) apartment dwelling units as part of a building
containing permitted non-residential use(s) .
b) Permitted Non-Residential Uses
i)
ii)
iii)
iv)
v)
vi)
vii)
viii)
ix)
xi)
xii)
assembly hall;
bakery shop;
bank of financial establishment, business,
professional or administration office;
day nursery;
dry cleaners distribution centre;
eating establishment;
eating establishment, take-out;
laundry - coin operated;
library;
medical or dental clinic;
parking lot;
Place of entertainment;
~) 8 9
xiii)
xiv)
xv)
xvi)
xvii)
xviii)
xix)
xx)
xxi)
xxii)
xxiii)
- 2 -
Place of Worship;
printing or publishing establishment;
private club;
retail commercial establishment;
school, commercial;
service shop, light;
service shop, personal;
shopping centre containing any of the uses
listed in this section;
supermarket;
theatre; and
veterinary clinic.
Regulations for Residential Uses
i) Front Yard (minimum)
ii) Exterior Side Yard (minimum)
iii) Interior Side Yard (minimum)
iv) Rear Yard (minimum)
v) Building Height (maximum)
vi) Dwelling units (maximum)
c)
8.5 metres
8.5 metres
16.5 metres
16.5 metres
5 storeys
110 units
d) Regulations for Non-Residential Uses
i) Exterior Side Yard (minimum) 4 metres
(maximum) 7 metres
ii) Front Yard (minimum) 4 metres
(maximum) 7 metres
iii) non-residential uses within residential buildings
shall comply with the residential regulations set
out (c) above.
iv) retail floor space (maximum) 3200 sq/m
v) office and personal service floor space
(maximum) 929 sq/m
vi) percentage of retail floor space within a building
or structure containing a residential component
shall not exceed 66% (2100 sq/m) of maximum retail
floor space permitted in this zone.
2. Schedule "4" to By-law 84-63 as amended, is hereby further
amended by changing the zone designation from "Special Purpose
commercial Exception (C5-3)" to "Holding - General Commercial
Exception ((H)C1-11)" as illustrated on the attached Schedule
"A" hereto.
3. Schedule "A" attached hereto shall form part of this By-law.
4 .
This By-law shall come into effect on
hereof, subject to the provisions
Planning Act.
the date of the passing
of section 34 of the
:J 90
- 3 -
BY-LAW read a first time this
day of
BY-LAW read a second time this
day of
,BY-LAW read a third time and finally passed this
1993.
MAYOR
CLERK
1993.
1993.
day of
j. 91
.J
This is Schedule "A"
passed this~day
to
of
By-law 93-_,
, 1993 A.D.
~ ZONING CHANGE FROM 'C5-3' TO'(H)CI-II'
0 10 20 40m
1"""\".-- I
Mayor 20 15 10 5 0 Clerk
LOT 35 LOT 34 LOT 33
_,~,QQU~I!CE,_,,___,,__,__,__,__,_,_,_,_,_,~,
o 80 100
Po'.._ -
150m
200 300m
,
:J92