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Home My WebLink AboutPD-279-90 TOWN OF NEWCASTLE RICE.GPA REPORT File # b Res. # By-Law # 20— METING: General Purpose and Administration Committee DATE: Monday, September 17, 1990 RENT #: PD-279-90 FILE #: DEV 90-075 (X/REF: DEV 90-064) Sl1UCT: REMOVAL OF (H) HOLDING SYMBOL APPLICANT: JANET LOCKHART RICE PART LOT 10, CONCESSION 1, FORMER TOWN OF BOWMANVILLE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-279-90 be received; 2 . THAT the rezoning application submitted by Janet Lockhart Rice, requesting the removal of the "Holding (H) " symbol from the subject lands within Part Lot 10, Concession 1, former Town of Bowmanville be APPROVED and the attached by-law forwarded to Council for approval; and 3 . THAT the applicant be so advised. 1 . BACKGROUND: 1 . 1 In July, 1990, the Town of Newcastle Planning and Development Department received an application for Site Plan approval submitted by John Moses of Nowski Partners Architects on behalf of Scott's Food Services . The circulation process of the proposed site plan has been finalized and Staff anticipate the execution of a Site Plan Agreement in the near future. . . .2 599 Off; REPORT NO. : PD-279-90 PAGE 2 1.2 However, the zone category on the portion of the subject property that the applicant intends to utilize as parking in order to facilitate the proposed expansion, is "Holding- General Commercial ( (H)C1) " . Therefore, the applicant has applied to rezone that portion of the subject property in order to remove the "Holding (H) " symbol and implement the proposed site plan. 2 . AGENCY COMMENTS: 2 . 1 In accordance with departmental procedure both the proposed site plan and the proposed zoning amendment application were circulated to various agencies . The Town of Newcastle Community Services Department, the Town of Newcastle Fire Department and the Town of Newcastle Public Works Department all had no objection to both the removal of the "Holding (H) " symbol and the site plan approval application. The Regional Planning Department and the Regional Works Department have yet to respond to the application to remove the "Holding" symbol. However, both of these departments indicated no objection to the proposed site plan. 2 .2 Nevertheless, the Planning and Development Department notes for the Committee and the applicant's information that should additional or larger municipal water and sanitary sewers be required, the Regional Works Department will require detailed site servicing drawings . 3. COMMENTS: 3 . 1 The subject property is currently zoned "Holding-General Commercial ( (H)C1) " . The "Holding" symbol can be removed by Council provided that Council is satisfied that the use or uses to be permitted will be adequately serviced, have . . .3 5P) U / REPORT NO. : PD-279-90 PAGE 3 adequate access and will be utilized in accordance with the Town's Comprehensive Zoning By-law. 3 .2 Staff note for the Committee's information that the removal of the "Holding" symbol is necessary in order for the Site Plan approval process to be finalized since the presence of the "Holding" symbol precludes the issuance of a building permit. 3 . 3 In addition, the Committee should be aware that pursuant to Section 35 of the Planning Act, a by-law amendment to remove the "Holding" symbol is not subject to the normal appeal period afforded to a standard rezoning application and accordingly, shall be deemed final and binding should Council grant approval of same. 3 .4 In consideration of the comments noted above, Staff would have no objection to the removal of the "Holding (H) " symbol as shown on the attached by-law and schedule. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. L' wrenc Kotseff Director of Planning Chief � inistrative and Development Office, WM*FW*jip *Attach 6 September 1990 . . .4 REPORT NO. : PD-279-90 PAGE 4 INTERESTED PARTIES TO BE NOTIFIED OF COUNCIL AND COMMITTEE'S DECISION: Janet Lockhart Rice John Powell Rice 65 Concession Street West BOWMANVILLE, Ontario L1C 1Y7 John Moses Nowski Partners Architects 6 Lansing Square Suite 101 WILLOWDALE, Ontario M2J 1T5 Lorne McRae Scott's Food Services 2000 Jane Street WESTON, Ontario M9N 2V2 � i� `l �JQ DN: RICE.BYL THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 90- 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 in accordance with application DEV 90-075 to implement the development of an 88.64 square metre addition to the eidsting 116.36 square metre take-out restaurant. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Schedule "3" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: Bolding- General Commercial ((H)Cl)"to"General Commercial (Cl)" 2. Schedule "A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof,subject to the provisions of Section 35 of the Planning Act. BY-LAW read a first time this day of , 1990 BY-LAW read a second time this day of , 1990 BY-LAW read a third time and finally passed this day of 1990 MAYOR CLERK `� 99 1 U This is Schedule "A" to By-law 90- , passed this day of , 1990 A.D. KING STREET E. N 74032'00°E H 20'23 N N N N M , O '0 LO/7- /0 W CONC. 1 �' W 00 ry V_ O It 3 0 W P Z N74032'00°E 20.223 y v zo U) 0 N M Z �O N74032 00 E 20'217 ® ZONING CHANGE FROM '(H)CI' TO ' C1 ' ® ZONING TO REMAIN ' C I 0 5 10 20 30m mayor 10m86420 C18r4C LOT 11 LOT 10 LOT 9 LCONCES Rq-1 C2 EP Aye .�y N R1 W qya RI• � I tt1 � % = w ♦ 4 q� R3 ._ 4 ya RI-24 (H) Z EP I .1 +A� C, O CI C1 R4 RI-3 R1 \.\ G C1.. 1 J "C1 N a a C1-3 W 1 V A / Z 1 5 5 E R3- •f RI.2 BOWMANVILLE SUBJECT SITE 681�Ti�m 60m 0