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HomeMy WebLinkAboutPD-189-89l •1 111ILREW111WOMMUMM t (`MEETING: General Purpose and Administration Committee DATE: Monday, July 17, 1989 T #: PD- 189 -89 FILE #: DEV 86 -76 W&ECT: REMOVAL OF "HOLDING (H)" SYMBOL FROM "((H)C1)" LANDS APPLICANT: 790255 ONTARIO LIMITED AND 803647 ONTARIO LIMITED (FORMERLY PINETREE DEVELOPMENT CO.) PART LOT 30, CONCESSION 2, FORMER TWP. OF DARLINGTON FILE: DEV 86 -76 RECOMMENDATIONS: File Res. # 8y -Law #® It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 189 -89 be received; 2. THAT the rezoning application submitted by Pinetree Development requesting the removal of the "Holding (H)" symbol from the subject lands within Part Lot 30, Concession 2, former Township of Darlington, to permit the development of a commercial building on municipal services be APPROVED and the by -law attached hereto be forwarded to Council for approval; and 3. THAT the applicant be so advised. 1. BACKGROUND 1.1 In December, 1986, the Planning and Development Department received an application submitted by Pinetree Development Co. Ltd. requesting the removal of the "Holding (H)" symbol from lands within Part lot 30, Concession 2, former Township of Darlington. The purpose of the application was to ...2 J99 7 REPORT NO.: PD-189-89 facilitate the development of a commercial shopping centre at the intersection of Trulls Road and Highway No. 2 in Courtice. 1.2 Council by resolution, at their meeting of January 12, 1987, endorsed a recommendation that Report PD-3-87 be received; and that the application submitted by Pinetree Development Co. Ltd. on behalf of Justin Holdings Ltd. to remove the "Holding (H)" symbol on a 6.417 hectare parcel of land located in Part Lot 30, Concession 2, former Township of Darlington to permit the development of a commercial building on municipal services be received and referred to Staff for processing and a subsequent report. 2. COMMENTS 2.1 The subject property is presently zoned "Holding - General Commercial ((H)Cl)" within By-law 84-63, being the Town's Comprehensive zoning By-law. The "Holding (H)" symbol can be removed upon Council being satisfied that the uses to be permitted will be adequately serviced, have adequate access, and will be used for the purposes intended by the by-law. 2.2 Additionally and prior to the removal of the "Holding (H)II symbol the Regional Municipality of Durham is to be satisfied with respect to the provisions of sewer and water services and Regional Roads and the Owner is to enter into any necessary agreements with either the Town or the Region of Durham. 2.3 A Site Plan Agreement between the Town of Newcastle and 567292 Ontario Limited was completed and registered on title August 6, 1987 in respect of the Pinetree Development Co. lands. 2.4 By correspondence dated June 14, 1989, Staff was advised by Irving Gleiberman, Solicitor for 790255 Ontario Limited and 803647 Ontario Limited that the Region of Durham and his clients have entered into 5 99 15 ...3 REPORT 08.: pD-189-89 PAGE 3 ______________________________________________________________________________ a Servicing Agreement for the subject lands. This was confirmed by Regional Staff and accordingly, the Region's requirements with regard to services therefore have been satisfied. 2.5 Staff would note for Committee's information that pocooaut to Section 35 of the Planning &ot' a by-law amendment to remove the "Holding (B)" symbol is not subject to the normal appeal period afforded to a standard rezoning application and shall be deemed final and binding should Council grant approval of same. 2.6 In consideration of the onnxneuta noted above, Staff would have no objection to the removal of the "Holding (H)II symbol as shown on the attached by-law and schedule. Respectfully submitted, Franklin Wu, M.C.I.P. Director of Planning & Development IJ}T*FW+ '' *Attach. June 28' 1989 Recommended for presentation to the Committee Chief Admi istrative Officer INTERESTED PARTIES TO BE NOTIFIED OF COMMITTEE'S AND COUNCIL'S DECISION: Irving Qleibecosxu Barrister and Solicitor Suite 505 IIIO Sheppard Avenue East WILL{0VDALE' Ontario M3K 2W3 y WEEND10JIM PURPOSE AND EFFECT BY -LAW 89- FILE: DEV 86 -76 The PURPOSE AND EFFECT of By -law 89- is to amend Zoning By -law 84 -63, as amended, of the Town of Newcastle by changing the zone designation of the .lands identified by Schedule "A" hereto from "Holding - General Commercial ((H)Cl)" to "General Commercial (Cl) ". The subject By -law would permit the development of a Commercial Shopping Plaza. �y> I i THE CORPORATION OF THE TOWN OF NEWCASTLE BY -LAW NUMBER 89- being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law of 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 Commercial Shopping Plaza (File: DEV 86 -76). NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Schedule "4" to By -Law 84 -63, as amended, is hereby further amended by changing the zone designation from "Holding - General Commercial (H)C1" to "General Commercial (Cl)" Zone as shown on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall form part of this By -law. 3. This By -law shall come into effect on'the date of.passing hereofr subject to the provisions of Section 35 of the Planning Act. BY -LAW read a first time this day of 1989 BY -LAW read a second time this day of 1989 BY -LAW read a third time and finally passed this day of 1989. MAYOR CLERK 599 18 ,mm This is cheule "A" to By-law ,. passed this day of ,1 A.D. N78°29'45 °E Al so 0� 0 h N <O 2 Go �f cli to D 0 _OD T_. O LOT .50 CONCESSION. 2 a. Z o Y 88.700 N70037'40"E T {-( 108•¢ N 70° 37 4010 �� E "_ a� z MZONING CHANGE FROM 1(H)C11 TO1C11 O SO 100 200. - Mayor 30 100 LOT 31 LOT 30 LOT 29 NASH ROAD R1 EP Rl RI R4 i R1 I EP . R� (H)R4 k GHwgY Z Ivq R 9 N W U EP RI R1 EP cc 00 Rb5 (H)R1 W 2 EP 8 a R33 0: C I R2 -2 i COURTICE Clerk