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Home My WebLink AboutPD-212-871„~" uYa IIIK/ ,w~ T04JN OF NEt~'CASTLE NEETII~: General Purpose and Administration Committee DATE: Tuesday, September 8, 1987 T #: PD-212-87 FILE ~: 87-14/N, 2.2.1(4) & DEV 87-27 CT: OFFICIAL PLAN AMENDMENT APPLICATION - FILE: 87-14/N NEIGHBOURHOOD DEVELOPMENT PLAN AMENDMENT APPLICATION - FILE: 2.2.1(4) REZONING APPLICATION - FILE: DEV 87-27 PART LOT 35, CONCESSION 2, DARLINGTON (COURTICE) APPLICANT: BIWAY STORES, PROVENZANO & CHOLONIUK RECOh9h1ENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-212-87 be received; and 2. THAT Amendment No. 4 to the Cour•tice West Neighbourhood Development Plan and the * by-law to amend By-law 84-63, attached hereto as Attachments No. 1 and 2 respectively, be for•war•ded to Council for• approval in accordance with Resolution #GPA-532-87; and 3. THAT a copy of Council's decision be for•war•ded to the Region of Durham, the applicant and the interested parties indicated hereto. ,~ (k) BACKGROUND AND COMMENTS: On June 15, 1987, Committee considered Staff Report PD-160-87 which dealt with the applications for• Official Plan Amendment, Neighbourhood Development Plan Amendment and rezoning submitted by Bi-way Stores, Provenzano & Choloniuk to establish a Local Central Area in Part Lot 35, Concession 2, Cour•tice. Committee and Council approved the ...2 ~~k~ REPORT NO.: PD-212-87 Page 2 recommendations in the Staff Report which were as follows: "1. THAT Report PD-160-87 be received; and 2. THAT Counci 1 give consi der•ati on to waiving the r•equi r•ement for• the pr•epar•ation of a retail analysis for• the proposed Local Central Area as given by Section 6.5.3(iii) of the Town of Newcastle Official Plan in respect of the applications for• Official Plan and Neighbourhood Development Plan amendments and rezoning submitted by Bi-way Stores, Provenzano and Choloniuk; and 3. THAT Counci 1 pr•ovi de appr•opr•i ate di r•ecti on to Staff i n respect of Recommendation No. 2; and 4. SHOULD Counci 1 choose to waive the r•equi r•ement for• the pr•epar•ati on of a retail analysis, that the Region of Durham be advised that the Town of Newcastle has no objection to the approval of Official Plan Amendment Application 87-14/N to designate a "Commercial Node" in Part of Lot 35, Concession 2, Cour•tice Urban Area pursuant to Section 8.3.2.2 of the Durham Regional Official Plan; and 5. THAT the application to amend the Cour•tice West Neighbourhood Development Plan OP 2.2.1(4) and rezoning application DEV 87-27 be approved; and 6. THAT Amendment No. 4 to the Cour•tice West Neighbourhood Development Plan and By-law 84-63, attached hereto as Attachments No. 1 and 2 respectively, be for•war•ded to Council for• approval at such time as the related Official Plan Amendment application has been approved by the Region of Durham; and 7. THAT a copy of Council's decision be for•war•ded to the Region of Durham, the applicant and the interested parties indicated hereto." On August 18, 1987, the Planning Department received from the Regional Planning Department a copy of their draft r•epor•t to Planning Committee on the subject Official Plan Amendment. The r•epor•t stated it was determined that the Amendment application, or• proposed designation to a Commercial Node, is unnecessary based on Section 6.5.2iv)c) of the Town of Newcastle Official Plan. This section states that: "Nothing within this Plan zoning to per•mi t the con existing commercial uses or• enl ar•gement wi 11 have sur•r•ounding lands or• the Plan." shall be deemed to prevent Council from tinuation, expansion or• enlargement of provided that such existing uses, expansion no adverse effect on the present uses of implementation of the provisions of this ...3 REPORT NO.: PD-212-87 ~~~' Page 3 Based on the inter•pr•etation that the proposed development conforms to the above policy, Regional Planning Staff ar•e recommending to their Planning Committee that an arendment i s not r•equi r•ed. Town Staff have expressed certain r•eser•vations with respect to this inter•pr•etation. However, the Regional Commissioner of Planning has assured Staff that a statement of conformity will be provided for• the related zoning * by-law amendment. Accordingly, it is recommended that the attached by-law to amend By-law 84-63, be for•war•ded to Council for• approval. Recommended for• presentation to the Committee ~~ ~~ ~- JAS*TTE*jip *Attach. August 19, 1987 CC: Mr•. D.G. Biddle & Associates 96 King Street East OSHAWA, Ontar•i o L1H 1B6 Mr•. A. Fish, President c/o Bi-way Stores Ltd. Head Office, 115 Commander Blvd. SCARBOROUGIi, Ontario M1S 3M7 Mr•. Otto Provenzano 309 Kendalwood Road WHITBY, Ontario L1N 2G2 Mr•. Leo Choloniuk c/o Valeo Fabrics Ltd. 1415 King Street East OSHAWA, Ontario L1K lA4 Mr•. Joel Hirsh Mandel, Hirsh & Bines Bar•r•i ster•s & Sol i ci tors Suite 218, 180 Steel es Avenue West THORNHILL, Ontario L4J 2L1 L r•ence o se ~• Chief Adm ~ 'st •ati ve Officer ~(k~ i THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 87- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law of the Cor•por•ation of the Town of Newcastle. WHEREAS pursuant to Section 6.5.2(iv) of the Town of Newcastle Official Plan, the Council of the Cor•por•ation of the Town of Newcastle deems it advisable to amend By-law 84-63, as amended, of the Cor•por•ation of the Town of Newcastle. NOW THEREFORE BE IT RESOLVED THAT the Council of the Cor•por•ation of the Town of Newcastle enacts as follows: 1. Schedule "4" to By-law 84-63, as amended, is hereby fur•ther• amended by changing the zone designation from "Special Purpose Commercial (C5 )" to "General Commercial (C1)" as shown on the attached Schedule "X" hereto. 2. Schedule "X" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 1987 BY-LAW read a second time this day of 1987 BY-LAW read a third time and finally passed this day of 1987. ~~T~his is Schedule ~"X" to By-law 87- , passed phis day , of ,1987 A.D. ~"8zz46''~~~~N~GHwAY 990 N o 2 . o J ~ ~ 69.(108 ~.~ YO. '^.` F I• A O I ~ I. .~.•NO. .'• I~ 8 ° ~ L ~ ~ ~dCi~i/ ~ ~ ~ ~ y ~ j ~~c~~~ ZONING CHANGE ~ ~ ~ ~ ' ` .- FROM' C 5' TO ~ C 1' ., ~+b ~ 1 ' a. ~ . i ~ &~ ~ ~ ~w [Y 3 ~ -~ - I t~ ~ , N Q b o _ y~ ~9 Vi.~~O yy 3 ® \~. • • +'~ N 82~5~0o e. ~ p o .. ~'g53 ~ N MeyOr Nee 4800"f'-a Z Cleric ® SUBJECT 'SITE LOT 35 LOT 34 LOT 33 ~ RI NASH ROAD o J W)R1 w ~ ~~ ~ ~ b & _ ~ ~ ' ~.~ C5.3 R2 Rra N C5 ~ C5 ~ HWY N 2 --~. c5 R,1 ~R~ R, I (H)R1 ~ v o •, a z ' o UJ HIRI, J R~ ~ . U 3 EP R1 ' I HIRI ~~. 0 60100 200 300m .000RTICE.. ,O, 60m ~c~)