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PD-126-87
6 =~~~ ,,,.r ...,~i~u w TOWN OF NEWCASTLE REPORT File # -,3~ Res. # ~- ~~~~ By-Law # hEETI~: General Purpose and Administration Committee ~~~ Monday, May 4, 1987 REPORT #: PD-19F-f~7 FILE #: DEV 86-81 SUB.~CT: FIRST PIONEER PETROLEUMS LTD. PART LOT 11, CONCESSION 1, FORMER TOWN OF BOIi~IWVILLE OUR FILE: DEV 86-81 CLERK'S FILE: 60.35.336 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-126-87 be received; and 2. THAT Council resolve as follows: "WHEREAS the Council of the Corporation of the Town of Newcastle has denied application DEV 86-81, to permit a convenience store as an additional use, due to non-conformity within the Town of Newcastle's Official Plan; AND WHEREAS Borden and Elliot, counsel to Pioneer Petroleums Limited, has filed an appeal to the Council denial of application DEV 86-81 alleging that the proposed rezoning is within the intent of the Town's Official Plan; NOM THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle authorize Planning Staff and the Town's solicitor to attend the Ontario Municipal Board Hearing in support of Council's decision." BACKGROUND AND COMMENT: On March 9, 1987 the Council denied an application to rezone a parcel of land in Part of Lot 11, Concession 1, former Town of Bowmanville (114 Liberty Street). This application requested a rezoning to permit the redevelopment of the subject lands to include a convenience store as a listed permitted use. ...2 REPURT NO.: PD-126-87 Page 2 The application was circulated to various technicial agencies and the negative comments which were received could have been addressed through the Site Plan process. The concerns raised by the Planning Department regarding the Official Plan were the determining factor in the Staff recommendation and Council's decision. To this, was added the concerns raised by the residents of the area. Accordingly, Staff is requesting that Planning Staff and the Town's solicitor be authorized to attend the Ontario Municipal Board Hearing in support of Council's decision. Respectfully submitted, . war s, Director of Planning Recommended for presentation to the Committee awrenc otse Chief i 'strati ve Officer ~~J TFC*TTE*jip *Attach. April 21, 1987 .~ - ~~J CAB( E ADDRESS 'BESK TELEPHONE !4161 593-5511 TELEX 06226678ETOR DIRECT DIAL TELECOPIER 14161 593-2919 (GROUPS 1.2.31 14161 593-2923 (GROUPS 2.31 B v ELLIOT OC PARTNER EMERITUS W L N SOMERVILLE OC R C MEECN OC U A L BRITNE LL OC K W SCOTT OC //~/~)J 'y/'/~~J~// O M HwRLEV OC l U HOLDING OC GARTH MANNING OC W R HURRAY OC /~~ ~~~ WL~iE~T./I~ // n J MUNN UC G CIHRA OC R A STRw DIOTTO OC J D HYLTON OC EJ[fi•( ~ O BROOMS OC J H McC Mc HAIR J PERRY BDROEN OC JORDAN DIMOFF OC R lEE w0005 5 B SCOTT OC T A SWEENEV MORTON G GRO44 OC U I. MACDONAl.D OC L A WRIGHT J F T WARREN H J B A DICNIE O C // I''/~'' ~/~~(////~J~ G t THOM PSON A W OUGH TRED B LISOW SKI W PAUL MCCARTEN GJ~O v~1~Cf ~J~Ei%RLLT/V~// Clcl~llF/jLf~LP P R BRwUND E A AVERS OC OONNAC CAPPON W T PASNBY G U U 5 FE RGUSON G E PETCN LORNE H SALTMAN R A APPLEDAUM W J M: NEILL B C KEITH S N IC2KOVIT2 ELLEN M MACDONALO i P BATES R P HUTCHISON J F MANN RANOALL SCOTT ECHLIN W D T CARTER M J OERMER STANLEY B BUSH R W KITCHEN l1~1~/J~/J EVA M %RASA S F WAOUC M l LANG P G FINDLAV ~~/ E~~•^'~""~~" M B SHOPIRO B H BRESNER E N SCHNEIOER G B MORAW ETZ R B BELL MwRGUERITE MOOHEY M K MIKE LV EY W O R BEAMISN c//`~on/' JEf FRly L DAVIES' R M SNIFF T G ANDREWS ANNEC CORBETT /('L/ J( J M M FO% B D MULRONEY A L J PAGE LARISSA V TKACNENKO SEAN wEIR F 4 CALLAGHAN C N CHORICN HEATHER J LAING ILSA GFEENBLATT LINDSAVA NISTROP T O BUCKLEY J F L McAROLE J J MORRIS R B REYNOLDS CNRISTOPNER D BREDT MARK OwV15 wENDrJ EARLE SEAN L GOSNELL JAMES W NARBELL DANIELR NORCNIK G A Mw AVwRA ROSA LIND MORROW M M M O DONNE LL A A SANFI LIPPO l DAVlO SCHAIDER WINNIEC W TSE DAVID R WOODS MARK A BARUZZI DORIS : BAUGHAN JEFFREY N •ER LIN[R CATHERINL E BRAY ERIN J COFFEY JULIE K NANNAFORO R S RU SSEIL R H SNABAN R W TRAVES CAROL E OERK CLARE M GAUDET DAPHNE G JARVIS VIRGINIA KENT LEMON CEGII-IA M McMAHON FERGUS C OOONNELL SUSAN M SHAW COUNSEL C N MORAW ETZ OC •MEM.tR O1 rH[.wR Of CwLIFDRNI• DENNI$ O CON NOR OC OATENT AMD TRADE MARK ~OV NS[L JOHN P SAN DE RSON OC G JAMS M BMfARN lTANL [Y M MAKUCH PLEASE REFER TO-. ELW: Harbell ~ ~ ~ _ +~~~ --~-r DIRECT LINE: 593-2933 April 9, 1987 ~ i,.~,V+ I~ ~~ ~ ~ ~ :,W~ Ontario Municipal Board ~ !-:~:; `'. ?it 180 Dundas Street West ' ~"`(} "~ ~ ~ ~ Toronto, Ontario ~;'j'r,, l~ L- ~ ~ •'~ '~:,,1 j ~,F,; : : , ~ ' . ". t, MSG lE5 !~Y ~[~ f _._ _ _. a ._ ~_.~I I i.~ ~.-(, Attention: Mr. J. Malcolm, Secretary APR j 4 1981 P ~~k OF ~1EdVCASttF Dear Mr. Malcolm: ~~[ttill'VG ~"=~Hfly~~NT Re: First Pioneer Petroleums (Central) Limited Part of Lot 11, Conc. 1, former Town of Bowmanville, Town of Newcastle -Application 60.35.336 We are Counsel to Pioneer Petroleums Limited, the owner of this property. Pioneer has made an application to the Town of Newcastle to rezone the property in order to pert~it the additional use of a convenience store on the site. Council of the Town of Newcastle refused the application for rezoning on March 10, 19$7. Pursuant to section 34 (11) of the Planning Act, we hereby appeal the decision of the Council of the Town of Newcastle and request that a hearing be held by the Board on this matter. It is our opinion that Council's refusal to permit a convenience store as a use in addition to the existing gas bar on the site is not based on good planning. The proposed rezoning is within the intent and spirit of the Town's Official Plan and should be approved. The size of the property is sufficiently large to accommodate a convenience store in addition to the existing gas station use and to provide sufficient parking for the proposed convenience store. ... 2 :M ( dlr. J. Alalcolm, Secretary - 2 - April 9, 198? The Town of Bowmanville is a growing community that requires more convenience stores. This store will help to serve the need of the growing community of local residents in the immediate surrounding neighbourhood. Enclosed is our firm cheque in the amount of $125.00 for the filing fee. We will be pleased to provide the Board with all material that it requires. Your co-operation in this matter is appreciated. Yours very truly, BORDEN & ELLIOT ~y , ~.1„cL/ ~~ James W. Harbell ~'" JWH/fib i Encl. ~ c.c. Clerk / ~- Town of Newcastle --` DL•'LIVERED BY COURIER .6~ ~~l ©I~~'F~IC3EJT'IOt~d „ r„t` ;, ,., , ~ _ . ,. I _ ~Y~-9 • i I ' ~-