HomeMy WebLinkAboutP-168-80 CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND 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-168-80
SUBJECT: Public Meeting
Application for Rezoning, Part Lot 21, Con. 2,
Darlington - Mr. S. Preston -- Z-A-1-4-4
Application for Site Plan Agreement, Part Lot 21,
Concession 2, Darlington - Mr. S. Preston -- S-P-1-4
Application for Rezoning, Part Lot 21, Con. 2,,
Darlington - Mr. & Mrs. T. Clark -- Z-A-1-4-5
BACKGROUND:
The attached report Number 161-80 was considered by the Planning
and Development Committee at the meeting of September 29, 1980 and tabled
in order that a public meeting might be convened.
Staff have forwarded copies of the proposed rezoning by-law to all
persons on the petition attached to Report 161-80 and have notified all
persons within 400 feet of the public meeting.
RECOMMENDATIONS:
That this report be received for information.
Respe fu y su tted,
DNS:lb D. . Smith, M.C.I.P.
October 1, 1980 Director of Planning ` � '
CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P., Director
IIAMPTON,ONTARIO LOB 1JO TEL. (416)263.2231
REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF SEPTEMBER
29, 1980.
REPORT NO. : P-161-80
SUBJECT: Application for Rezoning - Part Lot 21, Concession 7,
former Township of Darlington (Mr. S. Preston)
Z-A-1-4-4
Application for Site Plan Agreement - Part Lot 21, Con-
cession 7, former Township of Darlington
(Mr. S. Preston) - S-P-1-4
Application for Rezoning - Part Lot 21, Concession 7,
former Township of Darlington (Mr. & Mrs. T. Clark)
Z-A-1-4-5
BACKGROUND:
The aboved mentioned rezoning applications and the site
plan agreement application, apply to abutting properties on the north-
west corner of highway number 2 and the road allowance between lots 20
and 21 in the former Township of Darlington, as shown on the attached ~
existing land use map. Staff have dealt with the applications concurrently
as the properties fall under the "Major Open Space" designation of the
Regional Official Plan and may be rezoned as a "Special Purpose Commercial"
node under Section 8. 3.2.2 of that document.
Application Z-A-1-4-5 (Clark)
This application includes a request to amend the Darlington
Zoning By-law to rezone an existing single family residence on a 1,858.0
square metre (20,000 square feet) lot from "Agricultural" to "Commercial".
2 -
As reported in Staff Report P-121-80, the applicants have been operating
a hairdressing salon and travel agency from their residence and are now
intending to rezone this property in order to permit these uses.
The application.was circulated to the Durham Planning and
Works Department, the Durham Health Unit, Ministry of Transportation and
Communications, Ontario Hydro, Newcastle Works Department, Newcastle Fire
Department and the Long Range Planner for the Town of Newcastle.
The Durham Planning and Works Department submitted the following:
"Please be advised that the subject property is designated
"Major Open Space" in the Durham Regional Official Plan.
Notwithstanding policies under Major Open Space System,
Section 16.6.5 permits the continuation of existing uses
provided that such uses are compatible with surrounding uses.
Sewer and water services are not available in this area."
The Ministry of Transportation and Communications stated the following:
"No objection to rezoning application, applicant should be
made aware that some property will be required for future
widening of Highway #2."
The Newcastle Fire Department submitted the following:
"The Fire Department has no objection to the above appli-
cation. Class D Occupancy - Occupancy or alterations in
conjunction with "Requirements for Fire Safety within
floor areas".
The Long Range Planner advised the following:
"Proposed uses are not permitted within Major Open Space
Areas as defined by the Regional Official Plan. Section
16.6.5 would not apply in this case, bearing in mind re-
cent Ontario Municipal Board decisions on similar cases
of illegal non-conforming uses. Consideration of commercial
nodes as per Section 8. 3.2.2 would not apply since this is not
a special purpose commercial use and is illegal non-conforming.
If proposal is considered a home occupation, then a special
provision By-law might do so, as long as it specifies home
occupation and dial not give site a commercial status. This
would prevent future redevelopment for commercial uses which
should be discouraged along Highway #2 in this area. Recommend
application be denied.
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The following agencies had no objection to the proposed
rezoning:
Ontario Hydro
Durham Health Unit
Newcastle Public Works Department.
Applications Z-A-1-4-4 and S-P-1-4 (Preston)
Application Z-A-1-4-4 is a request to rezone a 3,000
square metre parcel (36, 860 square feet) of land to permit the estab-
lishment of a new and used car lot. The property is currently zoned
"Agricultural1t under the Darlington Zoning By-law, there is a single
detached residence on the property.
The application was circulated to the Durham Planning and
Works Departments, the Durham Health Unit, Bell Canada, the Ministry
of Transportation and Communications, Ontario Hydro, Newcastle Works
Department, and Newcastle Fire Department.
The Durham Planning Department submitted conflicting comments regarding
the conformity of the subject application with the Durham
Official Plan. As a result of our enquiries regarding the
conflict, a third letter was submitted, stating that if
Council deemed the proposal desirable consideration of
an existing node, and if the site were designed in compliance
with the Official Plan criteria regarding this type of con- ,
solidation, the application would comply with the policies
of the Plan. These letters have been attached for your
:information.
The Ministry of Transportation and Communicati_ons advised that Highway 2
is to be widened to four lanes abutting the subject lands and
that the road would likely be diverted approximately forty
feet north to correct the presently dangerous intersection
with the 10th line road at that location. It was noted that
they would have no objection to the proposed rezoning, provided
that access to the site is restricted to the 10th line.
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The Durham Health Unit, Ontario Hydro and the Newcastle Fire Depart-
ment indicated that they had no objection to the proposal.
Bell Canada did not reply to the circulation and is assumed to have
no comments.
The Newcastle Works Department submitted the following comments:
". . .tae advise that we have no objection to the rezoning.
However, access from the subject property on to the Road
Allowance between Lots 20 and 21 is not permissible. Any
possible access point on to the Road Allowance would not
have sufficient distance From the intersection".
The site plan agreement application, S-P-1-4 was circulated
to the Newcastle Fire Department, Newcastle Public Works, the Chief.
Building Official, the Treasurer and the Town Manager for comments.
The following responses were received:
Chief Building Official - No comment.
Treasurer - No objection.
Town Manager - No reply received. Assumed to have no
objection.
Fire Department
1) All maintenance buildings or repair garage in accordance
with fire safety design standards.
2) Access to all areas and buildings for fire equipment by
means of a street, private roadway or yard.
Newcastle Public Works
The proposed site plan has been discussed with Public Works
staff who have indicated that they are satisfied with the
redesign as requested by the Planning Department.
COMMENT:
As noted above, the rezoning applications and the site plan
application are being dealt with concurrently, as the properties fall under
the "Major Open Space" designation of the Regional Official Plan and may
- s -
be rezoned as a "Special Purpose Commercial" node under Section
8. 3.2. 2 of that document. Staff note that a site plan agreement is
required as a condition of development of the Preston property as a major
change in use is contemplated. In the case of the Clark application a
site plan agreement is not required as no new buildings or structures
are to be built, the commercial uses are proposed to remain within the
existing single family detached unit.
Staff note that in the case of the Preston property con-
flicting requirements were specified by the Ministry of Transport and
Communications and by the Newcastle Works Department. On the basis of
those comments (regarding access) planning staff requested revised site
plans from Mr. Preston showing common access with the commercial property
abutting the Preston property to the north. Staff have received and re-
viewed plans submitted in that respect and note that those plans meet
the Regional Plan requirements in respect of common access.
Staff note that the revised plans are contained within the
attached site plan agreement.
Staff feel that the proposed rezoning for Preston meets the
requirements of a "Commercial Node" as described in the Regional Official
Plan. As shown on the attached land use map, there are existing commercial
uses both east and north of the Preston property, if taken in combination
with the Clark application, a concentration of commercial uses related to
the highway may be developed. Staff do not support the development of
"strip commercial uses" along major highways or arterial roads. -However,
limited commercial development in the form of nodes allows for some commercial
development to take place while helping to overcome some of the problems
associated with linear commercial development.
(-7>
6 -
Staff have difficulty in supporting the request for rezoning
submitted by Mr. and Mrs. T. Clark in that the current use of the prop-
erty is not permitted. The Regional Official Plan does allow for the
rezoning of properties in order to permit their continued use, extension
or enlargement (Section 16.5.5) . It is the feeling of Newcastle staff
that that particular Section does not contemplate the rezoning of illegal
uses although Regional Staff have offered the opinion that Section 16.5.5
may be interpreted in that fashion. Due to the proximity of the Clark
property to the Preston property and the other commercial uses at that
intersection, staff feel that the existing uses may be recognized in
order to establish the westerly limit of the commercial node, and to
overcome possible future land use incompatibilities. Staff feel that
the Clark property should be specifically zoned to recognize the existing
uses only and note that any expansion will require further rezoning and
the execution of a site plan agreement providing for, among other matters,
the provision of common access.
It should be noted that the 10th line road intersection with
Highway 2 will be improved as a result of the reconstruction of Highway 2.
The current alignment of the 10th line road will be shifted easterly 50' _
to 100 feet to form a new angle of intersection with Highway 2. The parcel
created between the existing easterly property boundary of the Preston
property and the new road allowance may be incorporated into the Preston
site at some future time.
Finally, staff note that a petition has been receive din
respect of the rezoning for the Preston property, a copy is atttached for
Committee's consideration. In view of the petition, Committee may wish
i
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to convene a public meeting to hear the concerns of neighbouring
property owners. Staff request Committee's direction in that regard.
Failing direction in this regard, staff request Committee to consider
the following recommendations:
RECOMMENDATIONS:
It is respectfully recommended that the following resol-
ution be forwarded to Council for adoption:
"WHEREAS rezoning applications Z-A-1-4-4 and Z-A-1-4-5 may be inter-
preted as allowing for the consolidation of a commercial node at the
intersection of Highway 2 and the road allowance between Lots 20 and
21. in the former Township of Darlington, and
WHEREAS the Owners of the property subject to rezoning application
Z-A-1-4-4 will be entering into a site plan agreement adressing the
development of the property including common access with an abutting,
zoned commercial use,
NOW THEREFORE, BE IT RESOLVED THAT the Town of Newcastle approves the
requested rezoning applications and request the Clerk to prepare the
necessary by:-law for the execution of the site plan agreement with
Mr. S. Preston."
Respec fully submitted,
C �
DNS:lb D. N. Smith, M.C.I.P.
September 22, 1980 Director of Planning.
I
=MMIN Ih
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[WHANA April 20 , 1979 APR 25 "19
PLANTS OEPARTMEMr
I hjRg tYial
No Ic
('I I)kirlijim
PIMMMg
Department Mr. L. Kyistof, Planning Director,
Box 623 Town of Newcastle,
I nior i D(.
VVIIM)'. Hampton Municipal Office ,
Qnadi- ", N6A3 Hampton, Ontario
M16) NGS 7731
Dear Mr . Kristof :
Re : Application .for Rezoning
Your File : 7-A-1-4-4
Stewart Preston
Town of Newcastle (Darlington)
Further to your request for comments on the above-
referenced application , please be advised that the
subject site is designated "Major Open Space" in
the Durham Regional Official Plan . The proposal
does not conform.
With respect to Regional services, sanitary sewer
and water supply facilities are not available and
the Region has no plans to extend services to the
subject site . As a result, the site can only be
serviced by private installations .
We trust these comments will be helpful to your
evaluation of this proposal .
Yours very truly,
G.D . Cameron, Manager
Current Operations Branch
/
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» pLANNINO AmP oEv[L0pmEmT DEPARTMENT ww / n m,�AUAmS. mI | P./Cvwm,^.v»"
106 oowoomLxSnnwI:ro BOX 67:1 nmlo,.uw/^x^0 tm »x3 /k L wm) au /o/
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Nou1h 20 , 1979 .
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Mc . Stewart Prest.on , .
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]V 1rmmperauoe Streot , .
Box 189 � |
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Dowmanrilla / OnLariO.
. �
|)ear Mr , Preston : .
Re : Official Plan Amendment Application
'
Part [.oi 21 , Concession 2 , Loonez T*p , of Darlington
Town co_ Nc+x�eSth�!
Further to Your recent Official Plan /Uneo0m9nt application
received in this office on March ] (` , 1979 , our review of this
application Vou}(\ indicate that your proposal would not
require an amendment to either the Durham Regional Cfticial
Plan or the Official Plan of the former Planning Area of the
Township of Darlington. Section 8 . 3 . 2 ' 2' of the Durham Regional.
Official Plan wbLd) provides for L]hc development of uxiutioj
special purpose oononcrgiaI nodes would oppeor to permit -
the development of your Special Pui pose Commercial proposal
provided that such node is developed in accordance with
youd urban design principals . This interpretation has been
reviewed with staff of the Town of Nowcoatla who concur with ! |
\ /
this posiLion . '
`
As x result , we are returning your Official Plan Amendment
Application including the cheque for 0500 . and the accompanying
matezial , lE you have any questions regarding this matter ,
do not hesitate to contact this Department.
Yours very truly /
/
}. . Kotse[f , Manager
SLcat-,qic Planning Branch .
Attachment
c . c . L. Kristoff ,
?own of NcwcasLle
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1I O. P .A. Gen .
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May 11 1979 !'� LED
SAY 15 1979
,v PLA-NNINC WARWENT
Mr .. Don Smith ,
Planning Dit:e�::t:or , MOM OV NEUMISTLE
�„pal Irl .t Town of Newcastle ,
•,,m03 Hampton Municipal. Office,
105 cor n,.,t:: D, Hampton, Ontario.
1ti'llitlry, nlan0
,',mada,i IN 6A3
iJ'sl 661, ;'7a1 Dear Mr. Smith:
Re : Land Use Proposal
Part -Lot 21, Concession 2 ,
former Township of Darlington, Town of Newcastle
Further to our letters of March 20 , 1979 and April 20 ,
1979 , I would like to clarify some of the matters raised
with respect to the above issue .
The property in question is designated Major Open Space
System in the Durham Regional Official Plan and such
designation does not permit the use (s) proposed. My .
letter of March 20 , 1979 , should be clarified as
follows .
If the area municipal. Council deems it desirable as a
result of knowledge of the area and tho uses surrounding
the property in question, the Council may wish to zone
the property for the proposed use (s) in order to
consolidate the present special purpose: commercial use
to the north (towing service) with this proposal in
accordance with Section 8 . 3 . 2 . 2 of the Durham Regional
Official Plan .
This Section of the Plan indicates that such node is -ho
be developed in accordance with good urban design
Principles and with common :internal traffic circulation,
common ingress and egress for traffic, and access to
arterial roads only by service lanes or collector roads .
However, this interpretation has been given assuming
that there is an existing commercial strip.
If you have any further questions regarding this matter,
please do not hesitate to contact this Department,.
Yours very truly,
L. Kotsefi , 4anagel:,
Strategic Planning Branch.
r
R. R. 6 , Box 10 ,
Bowmanville, Ontario. L1C 3X7
August 20 , 1979 .
v
Mr. Don N. Smith, L' o ,
Director of Planning,Corporation of the Town of Newcastle,Municipal Building, � �
11ampton, Ontario. LOD 1JO
Dear Mr. Smith:
Enclosed you will find three copies of a Petition,
of which, we the neighbours of the property owned by Mr.
Stewart Preston, at the corner of Preston Road and Highway
#2 have signed.
We are all fully against this property becoming a
Car Lot.
Would you please see that these petitions reach any
other person that should have one other than yourself.
Yours truly, 7
To and Beatrice Clark .
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fix�n `a' �. 6- �3'.�t'a. Y' a °cam-. ,���:'i. .. i:.�,a',: sue'=.. .< x, - t r s `a`..$ ' m'S`"'MIMI"�?'
August 13, 1979.
TOO Tha TO of Newcatle
To Whom Xt Lla y nce:n
WE THE NEIGHBOURING PROPERTXES OF MR, STEWART PRESTON ON THE
CORNER OF HXGH-WAY 0 2 AND PRESTON R.D. 9 ARE OF THE UNDERSTANDING
THAT MR, PRESTON HJ%cil MADE APPLICATION FOR RE-7,0NING In-IIS PROPERTY
TO COIW-137RCXALq ZfXTH I'HE POSSIBILITIES OF IT BECOMING A CAR LOT,,
WE THE UNDERSIGN -60 ARE TOTALLY AGAINST T11IS:
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WIN "At In WM a a nmum 1,
THE CORPORATION OF THE
TOWN Or NEWCASTLE �l
By-law No. 80-
being a by-law to amend Restricted Area By-law
Number 2111 of the former Township of Darlington
WHEREAS the Council of the Corporation of the Town of Newcastle
ENACTS as follows:
1. Map 23 of Schedule "A" to By-law 2111, as amended, is hereby
further amended by changing to Special Provision By-law 80-
the zone designation of the lands designated "ZONE CHANGE TO
SPECIAL PROVISION BY-LAW 80- " and by identifying within the
said Special Provision Part 1 and Part 2 as shown on the attached
Schedule "X" hereto.
2. Section 13 of By-law Number 2111, as amended, is hereby further
amended by adding thereto the following subsection 'v' :
"(v) Part of Lot 21, Concession 2
Part 1
Notwithstanding any provisions of this By-law to the con-
trary, that portion of Lot 21 identified as Part 1. within
the lands designated as "SPECIAL PROVISION BY-LAW 80- " - ,
on the attached Schedule "A" hereto shall be used only in
accordance with the following provisions:
(1) Permitted Uses
(a) one single family dwelling, a new and used auto-
mobile sales and service outlet, and buildings and
structures accessory thereto.
- 2 -
(2) Zone Provisions
(a) Lot Area (minimum) 3072.0 m2
(b) Lot Frontage (minimum) 49.8 m
(c) Front Yard (minimum)
(i) Buildings 33.0 m
(ii) Display Area 6.0 m
(d) Interior Side Yard (minimum)
(i) Buildings 18.0 m
(ii) Display Area 3.0 m
(e) Exterior Side Yard (minimum)
(i) Buildings 7.7 m
(ii) Display Area 8.0 m
(f) Rear Yard (minimum)
(i) Buildings 15.0 m
(ii) Display Area 41.0 m
(g) Parking Spaces (minimum) 5
(h) Maximum number of automobiles
to be stored in the display area
at one time 30
Part 2
Notwithstanding any provisions of this By-law to the con-
trary, that portion of Lot 21 identified as Part 2 within
the lands designated as "SPECIAL PROVISION BY-LAW 80- "
on the attached Schedule "A" hereto shall be used only in
accordance with the following provisions:
(1) Permitted Uses
(a) one single family dwelling, which may contain a
hairdressing establishment and/or a travel agency
office.
1
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3 -
(b) buildings and structures accessory to the
single family dwelling on the tot.
(2) Zone Provisions
(a) Lot Area (minimum) 1858.0 m2
(b) Lot Frontage (minimum) 34.9 m
(c) front Yard (minimum) 17.0 m
(d) Interior Side Yard (minimum) .4 m
(e) Rear Yard (minimum) 1.9 m
i
(f) Parking Spaces 1 parking space per dwel-
ling unit and 1 parking
space per 9. 3 m2 of com-
mercial floor area.
3. This By--law shall come into effect on the date hereof subject
to the provisions of Section 32(25) 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
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THE CORPORATION OF THE
TOWN OF NEWCASTLE
By-law No. 80- 134
being a by-law to amend Restricted Area By--law
Number 2111 of the former Township of Darlington
WHEREAS the Council of the Corporation of the Town of Newcastle
ENACTS as follows:
1. Map 23 of Schedule "A" to By-law 2111, as amended, is hereby
further amended by changing to Special Provision By-law 80-
the zone designation of the lands designated "ZONE CHANGE TO
SPECIAL PROVISION BY-LAW 80- " and by identifying within the
said Special Provision Part 1 and Part 2 as shown on the attached
Schedule "X" hereto.
2. Section 13 of By-law Number 2111, as amended, is hereby further
amended by adding thereto the following subsection 'v' :
"(v) Part of Lot 21, Concession 2
Part 1
Notwithstanding any provisions of this By-law to the con-
trary, that portion of Lot 21 identified as Part 1 within
the lands designated as "SPECIAL PROVISION BY-LAW 80-13�
on the attached Schedule "A" hereto shall be used only in
accordance with the following provisions:
(1) Permitted Uses
(a) one single family dwelling, a new and used auto-
mobile sales and service outlet, and buildings and
structures accessory thereto.
1
- 2 -
(2) Zone Provisions
(a) Lot Area (minimum) 3072.0 m2
(b) Lot Frontage (minimum) 49. 8 m
(c) Front Yard (minimum)
(i) Buildings 33.0 in
(ii) Display Area 6.0 m
(d) Interior Side Yard (minimum)
(i) Buildings 18.0 m
(ii) Display Area 3.0 m
(e) Exterior Side Yard (minimum)
(i) Buildings 7.7 m
(ii) Display Area 8.0 m
(f) Rear Yard (minimum)
(i) Buildings 15.0 m
(ii) Display Area 41.0 m
(g) Parking Spaces (minimum) 5
(h) Maximum number of automobiles
to be stored in the display area
at one time 30
Part 2
Notwithstanding any provisions of this By-law to the coa-
trary, that portion of Lot 21 identified as Part 2 within
the lands designated as "SPECIAL PROVISION BOLAW 80-135"
on the attached Schedule "A" hereto shall be used only in
accordance with the following provisions:
(1) Permitted Uses
(a) one single family dwelling, which may contain a
hairdressing establishment and/or a travel agency
office.
4+A
3 -
(b) buildings and structures accessory to the
single family dwelling on the lot,
(2) Zone Provisions
(a) Lot Area (minimum) 1858.0 m2
(b) Lot Frontage (minimum) 34.9 m
(c) Front Yard (minimum) 17.0 m
(d) Interior Side Yard (minimum) .4 m
(e) Rear Yard (minimum) 1.9 m
(f) Parking Spaces 1 parking space per dwel-
ling unit and 1 parking
space per 9.3 m2 of com-
mercial floor area.
3. This By-law shall come into effect on the date hereof subject
to the provisions of Section 32(25) of the Planning Act.
BY-LAW READ A first time this 20th day of October , A.D. 1980,
BY-LAW READ A second time this 20th a y d of O A.D. 1980.
October
BY-LAW READ A third time and finally passed this 20th day of October
A.D. 1980.
G. B. RICKARD, Mayor
(seal)
J. M. MCILROY, Clerk
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THIS IS SCHEDULE 'X' TO BY-LAW 8O--L3',
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PASSED THIS 20th DAY OF October ,A. D. 19€ 0.
SPECIAL PROVISION BY- LAW 8O-__1_3A TO BY-LAW 2111.
720..04' 30" E 30.480 m
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ZONE CHANGE TO SPECIAL
PROVISION BY-LAW 80- 134 ;
Scal e 1:500 m
G.B.Rlckard,mayor
10 5 0 10 20 30m
(SEAL)
J.M.MCIlroy,Clerk