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Home My WebLink AboutP-166-80 CORPORATION OF THE TOWN OF NEWCASTLE PLAN NINGAND DEVELOPMENT DEPARTMENT D.N.SMITH,M,C.I.P.,Director HAMPTON,ONTARIO LOB 1JO TEL. (416)263-2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF OCTOBER 9, 1980. REPORT NO. : P-166-80 SUBJECT: Rezoning Application No. Z-A-3-12-8 -- Vanhaverbeke Part Lot 28, Concession 1, former Township of Clarke Conformity with Durham Regional Official Plan BACKGROUND: On June 16, 1980 Town Council passed By-law 80-77 rezoning a 778. 7 square metre parcel of land on Part of Lot 1, Block 1, in the former Village of Newcastle. The by-law was proposed under Section 16.6.5 of the Regional Official Plan which permits the continuation, expansion or enlargement of existing uses. The proposed by-law recog- nized an office, a retail commercial establishment and a dwelling unit in a non-residential building as the existing uses to be enlarged. The proposed by-law 80-77 was forwarded to the Regional Planning Department for the preparation of an Affidavit confirming conformity of the parcel with the Regional Official Plan. By way of correspondence dated July 14, 1980 (copy attached), the Commissioner of Planning for the Regional Plan- ning Department indicated that he could not certify by-law 80-77 as being in conformity with the Regional Official Plan as the proposed uses were "generalized", kPi IV la' 2 - COMMENT: In order to correct the apparent deficiency in by-law 80-77, staff hereby propose , a new by-law identifying the existing uses on the subject property in additional detail. Staff have contacted the Regional Planning Department and the owner of the property as to the form of the by-law; both parties concur with staff's proposal. RECOMMENDATION: That this Report be received and that the attached by-law be forwarded to Council for approval at the next regular meeting. Respectfully submitted, ko�lc DNS:lb D. N. Smith, M.C.I.P. October 1, 1980 Director of Planning CORPORATION OF THE TOWN OF NEWCASTLE - i 9 40 TEMPERANCE STREET � h BOWMANVILLE, ONTARIO L1C3A6 TELEPHONE 623-3379 September 10, 1980. SEP TOWN Of MAKASTU, Dr. M. Michael , M.C. I .P. , Commissioner of Planning, The Regional Municipality of Durham, Box 623, 105 Consumers Drive, Whitby, Ontario. L1N 6A.3. Dear Dr. Michael : Re : By-law 80-77 E. Vanhaverbeke This is to advise you that your letter dated July 14, 1980, was submitted to Council at its meeting on September 8, 1980, and was referred to the Planning and Development Committee. We shall advise you of any further action taken. Yours very truly, Joseph M. Nlo-Ilr , A.M.C.T. , Town Clerk. cc : Don Smith, Director of Planning JMMCl/ms COMMUNICA'T'IONS D - 14 Direction July 14, 1980 pURHAM Mr. J .M... McIIroy Clerk ' Town of Newcastle The Regional 40 Temperance Street Municipality Bowmanville, Ontario of Durham L1C 3A6 Planning Department Dear Mr. McII roy: Box 623 105 Consumers Dr. Re: By-law 80-77 Whitby, Ontario Canada,UN6A3 E. Vanhayerbeke (416)666-7731 Town of Newcastle Dli. M. R. MICHAEL, M.C.i.P. Further to your request for a Schedule 3 certifying the conformity Commissioner of Planning of the above noted By-law to the Official Plan, I wish to advise that we cannot comply with your request. Please refer to our correspondence of June 15, 1979 (copy attached) in which we commented on the application for rezoning. You will note that it was our understanding that the rezoning was to permit the expansion of the existing commercial use along with the continuation of the .existing residential use. This being the case a zoning by-law could be passed in accordance with Section 16.6.5 of the Durham Plan. By-law 80-77, however, proposes generalized uses which would allow development of uses beyond that which is presently existing. We interpret that such a by-law cannot be passed in accordance with Section 16.6.5. Consideration of this by-law, therefore would have to take place within the context of the "Main Central Area" policies in the Durham Plan within which the subject site is located. In this regard, in accordance with Section 8.2.3.1 of the Durham Plan, a District Plan is to be prepared for the Main Central Area to detail , among other things, the land uses and the limit of the Central Area. Such District Plan has not been prepared. For this reason, I cannot certify the referenced by-law. Should you wish to discuss this matter further, please do not hesitate to contact me. Yours very truly, _ t RECEIVED FDr. M. Michael , M.C.I .P. JUL 16 1360 :JJ I TOWN OF NEWCASTLE cc: Don Smith, Planning Director P' v Junco 15,'. 1979 y i Mr. D. Pi anni ng Di rector, Town of Nowcastio, t I 40 Temperance Street: Smmanvillep Oaata $oo LIC HE I):1}. { ` 1 1 y KIN ". Dear Smith g fl' � t rr By, aw l ;y F�1_11W rvt tit 1, ir`r i� ''trt' {t) 1v'�' 5`�. r�4"J cia�� t ewcud, � ��t��gt •• 'a ).• n^�o ' 1 t d'11 t rr�� {t\+t � ( t 1 ' m.m,y`.eew.�m V 6'fdl/�Al��s�lJb.C♦l:+r ..nwm-o- im/+ituAw �nv.+e prix j �1, s! i �' 4 MIT too!: l •:.'_a4 �.I.,..•. 1-Y�lb ,::Sn"�' 4lpi)yl .t ..,,.T. f •,r ,. •7R. �..•, i 1.1 lo -response to your request we wish tun provide you with the °w 'i ♦ ;; w e : rye •li`I i 9t=,' 4 Tho subject site is desigmated wMain Central Area' Wthe .,_ Durham Regional, Official Plau. Personal and business ery ce and office service and commercial- uses are permitted. The expat sjon. of the existing commercial use along with the continuation of the existing re idantiai use may be permitted in accor cat�cr with ection 16.6.5 of the Durham Regional Official Plan. WI th respect to t1m pr•ovi siern of Regional services, muni c:Wl sanitary and water supPlY faciit:ie� are• ada iiahle on the . Baldwin Street and King Street: frontages of the subJect site,, In vies the commercial nature of the proposed rezon.In the'N . are no financial- Planning implications with respect tra 1the curfe"t develot'jaient policies OUPS Region. youiz qyY } 1 1 current Operations ons�Du anch. HCA cc: E o G� Crawlord, Works r - 2 - 1.1 Defined Area The area subject to this Special Condition is shown cross-hatched with the figure 3 encircled on the attached Schedule "A" hereto. 1.2 Permitted Uses No person shall use any of the lands in the defined area, or erect, alter, or use any building or structure on such lands for any purpose except one or more of the following uses, namely: - a office - a dwelling unit in a non-residential building 4. This By-law shall come into effect on the date hereof, subject i_ions of Section 35 (10) of the Planning Act. BY-LAW READ a first time this day of , A.D. 1980. BY-LAW READ a second time this day of , A.D. 1980. BY-LAW READ a third time and finally passed this day of A.D. 1980. G. B. RICKARD, Mayor (seal) J. M. McILROY, Clerk i I I I I THE CORPORATION OF THE TOWN OF NEWCASTLE By-law Number 80-135 A By-law to amend Restricted Area By-law Number 79-44, as amended, of the former Village of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend Restricted Area By-law Number 79-44, as amended, of the former Village of Newcastle. NOW THEREFORE the Council of the Corporation of the Town of Newcastle ENACTS as follows: 1. By-law Number 80-77 is hereby repealed. 2. Schedule 'A' to By-law 79-44, as amended, is hereby further amended by changing to C3 the zone designation of those lands designated "ZONE CHANCE TO C3" on the attached Schedule "X" Hereto, and by adding to the lands so indicated cross hatching and the figure 3 encircled. 3. Schedule 'B' to By-law 79-44, as amended, is hereby further amended by adding thereto the following Special Condition 3, as follows: "SPECIAL CONDITION 3 The lands shown on Schedule "A" cross hatched and marked with the figure 3 encircled shall be subject to the special regulations hereinafter contained and where there is any conflict between the regulations hereinafter set out and any provision of By-law 79-44, then the provisions of this Special Condition shall apply, but in all other respects, the provisions of By-law 79-44, as amended, shall apply. l 2 - 1.1 Defined Area The area subject to this Special Condition is shown cross-hatched with the figure 3 encircled on the attached Schedule "A" hereto. 1. 2 Permitted Uses No person shall use any of the lands in the defined area, or erect, alter, or use any building or structure on such lands for any purpose except one or more of the following uses, namely: a business office a dwelling unit in a non-residential building. 4. This by-law shall come into effect on the date thereof, subject to the approval of The Ontario Municipal Board. BY-LA14 READ a first time this 20th day of October A.D. 1980 BY-LAW READ a second time this 20th day of October A.D. 1980 BY-LAW READ a third time and finally passed this 20th day of October, A.D. 1980. C. B. Rickard, Mayor J. M. McIlroy Clerk THIS I SCHEDULE >C� TO BY- .AW 80-_ f--� 135 PASSE D THIS DAY 0F A. D. 1980 ( KING STREET ) ROAD ALLOWANCE BETWEEN CONC. 1 and 2 N 72°05'20"E 20-12m W L�J EXISTING C3 rry o ZONING o Q � .- c\j 0 co N f— O J Z _ W o ' LLJ m o� 0 0 W z z m W a � TO 'C 0 J U N 750 54 E f n ( 20 17rn Ir- - '- -- G.D.Rlckard ,Mayor 0 5 10m 5 J,M N1cIIroy ,cIerk ^� 33 11,1""32 31 30 29 26 27 26 25 � I I i i 7( I 7, ' F �Ay - t � NLVkJCA ' f 1, f. } t 1 ) SUBJECT SITE B.F N I j i KEY MAP for BY-LAW 80-_U5__ . FORMER VILLAGE OF NEWCASTLE Scale I: 20 000