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HomeMy WebLinkAboutPD-167-85 lU C k> TOWN OF NEWCASTLE s REPORT File # o135. 25� Res. # By-Law # MEETING: General Purpose and Administration Committee/Council Meeting DATE: November 4, 1985 REPORT #: PD-167-85 FILE #: DEV 85-25 SUBJECT: REZONING APPLICATION LINCHRIS HOMES LOT 35, CONCESSION 2, DARLINGTON RECOMMENDATIONS: 1. THAT Report PD-167-85 be received; and * 2. THAT the attached by-law to amend By-law 84-63, as amended, be approved. BACKGROUND AND COMMENT: I On October 28, 1985, Council approved By-law 85-124 in respect of a proposed commercial development at the corner of Glenabby Drive and Townline Road, Lot 35, Concession 2, Darlington. Said by-law expanded the list of permitted uses for the site as well as i established reduced yard requirements for any building to be located on the site. Following approval of the by-law, Staff became aware that, not only had one of the proposed commercial uses been deleted, but that the minimum landscaped open space requirement and maximum floor area requirement had also been left unaddressed. .. .2 REPORT NO. : PD-167-85 Page 2 Inasmuch as By-law 85-124 added a new special exception to the Neighbourhood Commercial zone, where the by-law is silent on any matter, the provisions of the "C'L" zone come into play. In this instance, a conflict would exist between the provisions of the "C2" zone and the proposed site plan relative to landscaping and maximum floor area. It is, therefore, appropriate to repeal the defective * by-law and replace same with a corrected version which is attached hereto. Respectf y tted, T.T. Edwards , M.C.I .P. Director of Planning TTE*jip *Attach. October 30, 1985 � - Applicant: Mr. Keith McDowell R.R. #2 CLAREMONT, Ontario LOH lEO i I i I i i i THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 85- being a By-law to amend By-law 84-63, as amended, 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. NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the Town of Newcastle enacts as follows: 1. By-law 85-124 of the Corporation of the Town of Newcastle is hereby repealed. 2. Section 17 "NEIGHBOURHOOD COMMERCIAL (C2) ZONE" is hereby amended by adding thereto the following: "17.5.1 NEIGHBOURHOOD COMMERCIAL (C2) ZONE i) Notwithstanding Section 17.1, those lands zoned C2-1 on the Schedules to this by-law may, in addition to the other uses permitted in the C2 Zone, be used for the following uses: i) business, professional or administration office; ii) day nursery; iii) dry cleaners distribution centre; iv) eating establishment; take-out; v) laundry; coin-operated; vi) library; vii ) medical or dental clinic; viii) private club; ix) retail commercial establishment. ii) Notwithstanding Section 17.3, those lands zoned (C2-1) on the Schedules to this By-law shall be subject to the following zone regulations: a) Rear yard (minimum) 1.2 metres b) Interior Side yard (minimum) 1.2 metres c) Landscaped Open Space (minimum) 10 percent d) Floor Area (maximum) 1,115 square metres 3. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing to "C2-1" the zone designation of the lands indicated as "ZONE CHANGE TO C2-1" as indicated on the attached Schedule "X" hereto. 4. Schedule "X" attached hereto shall form part of this by-law. 5. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Section 34 of the Planning Act. I BY-LAW read a first time this day of 1985 BY-LAW read a second time this day of 1985 BY-LAW read a third time and finally passed this day of 1985. MAYOR CLERK This is Schedule "X" to By-law 85- , Passed this day of , 1985 A.D. LOT 35 , CONCESSION 2 N 790,32150"E Qco 67-55 M w ,� _. .. Z 3 J N 3 3 " 8 o = N 71035'30"E 49.91 17,57 N 77033'10"E GLENABBEY DRIVE ® ZONE CHANGE TO " C 2-1 11 0 5 10 20 30m Mayor 10m 2 0 Cleric LOT 35 LOT 34 LOT 33 LOT 32 LOT 31 LIJ RI :y 1 R33 (H)R1 a 1i RZ R2.2 kE2P I L-nJ (H)RI m I( I EP(MR1 :D a N cn (H)R1 , Z 10 � R1 II 1 IU " A iC) w A I I I Z f 1 (H)R1 1 �- BLOOR STREET — COURTICE 0 50100 WO '°°m 50. i