HomeMy WebLinkAboutPD-108-88 DN: 108-88
TOWN OF NEWCASTLE -°
REPORT File #�.6
7 j�J� �� Res. # 3 %r
By-Law # '� y
MEETING: General Purpose and Administration Committee
DATE: Monday, May 16, 1988
REPORT #: PD-108-88 FILE #: PLN 4.1 & DEV 88-23
SUBJECT: AMENDMENT TO BY-LAW 84-63
SPECIAL PURPOSE COMMERCIAL NODE
PART LOT 34, CONC. 2, COURTICE URBAN AREA
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-108-88 be received; and
2. THAT the amendment to By-law 84-63, to consolidate specifically identified
parcels of land prior to commercial development being permitted, be
approved.
BACKGROUND AND COMMENT:
As the Members of Committee may recall, at the meeting of March 7, 1988, Resolution
#GPA-130-88 was approved authorizing Staff to proceed with the necessary
notification in respect of an amendment to By-law 84-63, as amended.
As noted in Report PD-52-88 (attached hereto) , Staff received correspondence from
Mr. & Mrs. Hayward whose residence is located on the northeast corner of Highway
No. 2 and Varcoe Road; the area in question. The basic concern of the residence is
that the intent of By-law 81-124 could be altered as a result of the Town's
Comprehensive zoning By-law 84-63 being approved.
. . .2
REPORT NO. ; PD-108-88 PAGE 2
_______________________________________________________________________________
Staff would note for the Committee's information that on March 39, 1983, Town
Council passed By-law 81-134, being an amending By-law to Restricted By-law 2II1
of the former Township of Darlington. By-law 8I-I34 defined areas and
established zoning provisions in the form of Blocks, to control the development
of a Special Purpose Commercial Node which would bring development in conformity
with the policies of the Durham Baginoml official Plan and the Darlington
Official Plan. Specifically, the zone provisions would delineate the lot areas
and frontage of Blocks 1,2 and 3. Block l would have a minimum lot area of
7000sq.m. and frontage of 75 metres. While Blocks 2 and 3 would have a minimum
lot area of 3500 og.m. and 30 metres of frontage respectively.
Within Dmoiog By-law 84-63, as amended, the subject lands are zoned as ''8peoimI
Purpose commercial Exception (C5-3)" zone. This zone is subject to a minimum
lot area of 7000 og.m. and a minimum frontage of 75 metres. Give this, 8y-law
84-63, does not delineate the specific blocks for development, and in
consideration of the lot area and frontage requirements in By-law 84-63v it
would appear then, that Blocks 3 and 3 of By-law 81-124 moot develop as one �
Block in wcdoer to comply with the requirements of By-law 84-63 and thus be in
conformity with the official Plan policies.
Respectfully submitted, Recommended for presentation
to the Committee
`. /
--\��------T-�-��r-------- -_r-------- -------------
L.D. Taylor Lawrence E. Kqltseff
Deputy Director of Planning Chief &dmiu o8cative Officer
r �
CRVmLDT* 'ip
*Attach.
May 4/ 1988
CC: Mc. 6 Mrs. Hayward
B.R. #6
B0WMANVILLBv Ontario
LlC 3K7
Mr. G Mrs. Gearing
R.R. #6
B{WMA0VZLLE' Ontario
LlC 3K7
DN:. B/LAW
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;
NOVI 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) :
s
"(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
I
I
DN: 52-88
y �"""K �•.. TOWN OF NEWCASTLE
'�`•E ? REPORT File #
Res_ #
By-Law #
M ETING: General Purpose and Administration Committee
DATE: Monday, March 7, 1988
i"
IMPORT #: pn-52-aa FILF #: PLN.. 4.1
SMJECT: 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.
I
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.
I
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 NO. : PD-52-88 PAGE 2
------------------------------------------------------
By-law repeated the minimum lot areas and frontage requirements as contained
within By-law 81-124, 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 parcels 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, 1988.
Respectfully submitted, Recommended for presentation
to the Committee
L 61
T.T. Edwards, M.C.I.P. wren e it Kotseff
Director of Planning Chief A inistrative Officer
TTE*jip
*Attach.
February 19, 1988
CC: Mr. & Mrs. Hayward
R.R. #6
BOWMANVILLE, Ontario
L1C 3K7
i
I
i
DN: B/LAW
THE CORPORATION OF THE TOWN OF NEWCASTLE
i
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,
I 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.
i
MAYOR
CLERK
R. R. y6,
Bowmanville, Ontario
L1C 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.
I
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, r
Gr
R. R. #6 ,
Bowmanvi l le, Ontario
L I C 3 K 7 1888
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
LlC 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.
I
This confirmation of our verbal request is respectfully requested
by
Yours very truly,
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CONCESSION 2
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THIS IS SCHEDULE X-1- TO BY-LAW 81 — 124 ,
PASSED THIS 21St DAY OF September D 1981
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D.W.Oak es" Clerk
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