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HomeMy WebLinkAboutPD-52-88 DN: 52-88 C�l TOWN OF NEWCASTLE REPORT File # Res- �. By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, March 7, 1988 REPORT #: Pp-52-88 _ FILE #: PLN. 4.1 SUBJECT: AMENDMENT TO BY-LAW 84-63 SPECIAL PURPOSE COMMERCIAL NODE COURTICE URBAN AREA RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-52-88 be received; and 2. THAT Staff be authorized to proceed with the necessary notification in respect to the attached proposed amendment to By-law 84-63. BACKGROUND AND COMMENT: On February 16, 1988 Staff received the attached correspondence from Mr. and Mrs. Hayward whose residence is located on the north side of Highway No. 2 just east of Varcoes Road in the Courtice Urban Area. Their correspondence indicates that, as a result of the approval of By-law 84-63, they are concerned that the intent of the previously approved Zoning By-law for this area (By-law 81-124, as amended) could be circumvented. A second letter was also received in this respect and is also attached hereto. In that regard, Staff reviewed the provisions of By-law 84-63 to ascertain if this, in fact, was a possibility. As noted in the Hayward's letter, the present Zoning . . .2 REPORT 00. : PD-52-88 PAGE 2 _______________________________________________________________________________ By-law repeated the minimum lot areas and frontage requirements as contained within By-law 8I-I24, as amended, but because the Zoning By-law did not delineate specific blocks, it altered inadvertently the intent of the zoning regulations for this area. Accordingly, and bearing in mind the intent of the Official Plan that requires consolidation of parcels of land within this area prior to commercial development occurring and, which further requires the maintenance of the existing residential character of the area until an appropriate consolidation of gmcnele has occurred, we are recommending that the attached by-law be processed as an amendment to By-law 84-63. In accordance with the standing / Council direction to continually review By-law 84-63, Staff have initiated a circulation in respect of this proposed amendment and have tentatively scheduled a Public Meeting for May 16' I988. Respectfully submitted, Recommended for presentation to the Committee r~ __ - ------------------ T.T. Edwards, M.C.I.P. Lawze e Kotaeff Director of Planning Chief oiatrative officer TTD*jlp *Attach. , February 19, 1988 CC; Mc. 6 Mrs. Balnvocd . B.D. #6 BOyMQ\0VILL8' Ontario LlC 3K7 R. R. #6, Bowmanville, Ontario L 1 C 3K7 February 16, 1988. T. Edwards, M.C. I .P. , Director of Planning and Development, The Municipality of the Town of Newcastle, 40 Temperance Street , Bowmanville, Ontario L1C 3A6 Dear Mr. Edwards: Re: By-Law 84-63, Location Part Lot 34, Concession 2, (Former Township of Darlington) The particular area is located on the north side of No. 2 Highway and east of Varcoes Road (on Darlington Blvd. ) . The chronology of events commenced in February 5, 1958 to maintain a residential area since that date. By-Law 82-36 was the culmination of the amended By-Law 81-124, was to amend Restricted Area By-Law 2111 in conformity with Durham and Darlington Official Plans. This was satisfactory to the residents of the affected residents at this time. It was unnoticed that By-Law 82-36 was modified by By-Law 84-63 which deleted Blocks 1 , 2, and 3, but included the minimum lot areas and frontages which changed the intent of 82-36. Mr. Frank and Mrs. Alice Hayward, who have led the attempt to maintain this as a residential area due to Mrs. Hayward's physical condition, would therefore request the reinstatement of the conditions of By-Law 82-36 and to include Blocks 1 , 2 and 3. This confirmation of our verbal request is respectfully requested by Yours very truly, V � �I- JQ 1�1 ,•�f j::r Bowmanv i 1 le, Ontario � •; !� L I C 3K7 .. DEB 1988 February 16, 1988. �r6i T. Edwards, M.C. I .P. , Director of Planning and Development, The Municipality of the Town of Newcastle, 40 Temperance Street , Bowmanville, Ontario L1C 3A6 Dear Mr. Edwards: Re: By-Law 84-63, Location Part Lot 34, Concession 2, (Former Township of Darlington) The particular area is located on the north side of No. 2 Highway and east of Varcoes Road (on Darlington Blvd. ) . The chronology of events commenced in February 5, 1958 to maintain a residential area since that date. By-Law 82-36 was the culmination of the amended By-Law 81-124, was to amend Restricted Area By-Law 2111 in conformity with Durham and Darlington Official Plans. This was satisfactory to the residents of the affected residents at this time. It was unnoticed that By-Law 82-36 was modified by By-Law 84-63 which deleted Blocks 1 , 2, and 3, but included the minimum lot areas and frontages which changed the intent of 82-36. Mr. Frank and Mrs. Alice Hayward, who have led the attempt to maintain this as a residential area due to Mrs. Hayward's physical condition, would therefore request the reinstatement of the conditions of By-Law 82-36 and to include Blocks 1 , 2 and 3. This confirmation of our verbal request is respectfully requested by Yours very truly, DN: B/LAW ` CF/l THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 88- being a By-law to amend By-law 84-63, as amended, of the Corporation of the Town of Newcastle. WHEREAS on the 29th day of March, 1982, Council of the Town of Newcastle passed By-law 81-124, as amended, in order to define areas and establish zone provisions to patrol the development of a Special Purpose Commercial Node in conformity with the Durham Regional and Darlington Official Plans; AND WHEREAS in view of the fact that the intent of said By-law 81-124, as amended, inadvertently altered by approval of By-law 84-63, Council now deems it desirable to further amend By-law 84-63; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Section 20.4.3 of By-law 84-63, as amended, is hereby further amended, by adding thereto, the following Subsection (c): "(c) For the purposes of this "Special Purpose Commercial Exception (C5-3) Zone", the consolidation of the lots identified in the 1987 Roll Book as Numbers 010-070-07500, 010-070-07400, 010-070-07305, 010-070-07300, and 010-070-07200 shall be required as a prerequisite to development of said lots for commercial purposes". 2. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Section 35 of the Planning Act. BY-LAW read a first time this day of 1988 BY-LAW read a second time this day of 1988 BY-LAW read a third time and finally passed this day of 1988. MAYOR CLERK