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HomeMy WebLinkAbout75-48 . . . THE CORPORATION OF THE TOWN OF NEWCASTLE By-Law No. 75-48 A BY.LAW TO AMEND ZONING BY-LAW NUMBER 2111 OF THE FORMER TOWNSHIP OF DARLINGTON WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend By-Law Number 2111; NOW THEREFORE, the Council of the Corporation of the Town of Newcastle ENACTS as follows: 1. Key Map 22 of Schedule "A" to By-Law Number 2111 as amended by By-Law 75-27 is hereby further amended by changing to Rl the zone symbol of the lands designated "ZONE CHANGE TO Rl" on the attached Schedule "A" hereto. 2. This By-law shall became effective on the date hereof, subject to receiving the approval of the Ontario Municipal Board. This By-Law read a first and second time this 16th day of June .........., 1975. ................ 16th June This By-Law read a third time and passed this ............ day of ........~...I 1975 ~ G.B. Rickard & ~ Mayor Seal ~t:&- Gertrude E. Gra Deputy Clerk - , . e / / ( . oJ I Zone Change To HI .~. SCHEDULE 1t.A. n TO BY-LAW NO. 75-48 Former Township of Darlington TOWN OF NEWCASTLE I 1 t : ' -', J "'_~\ -- 01 At" " \ " "'-i- ", ~ , ~ _.~- I .-._____. L , \ -'-'--'''-. I --... I I' ".......,. I I---:.~-=- I ,I ! I ~ I o -- -; -t.-:-/ R2 o . - 1 A- -, . f t This is Sch(~c>.::",'AH 1'R2. ( --- - . - ._. . T ('; :"j \' - l :':1 ~,..t :-J /'~ ~} t. -}, 8 It.ll.;;;11 ~_... 1i ... - --. ,> ~.~-~~~=-- , . I PaCsr'('~ ....'),--,L) ^"""'" ':::,. ;. 11 ~..d '~r-d<_' . ... . . . ~'._. -. ..i I d ~ .' . ~ ..\ .. __ i 1 a yo" . ........, 1 ~ : ~11~y~ ~ ", . I!'" R, ,) - ,., I ) , p ...1\ ~~~ --- -- ----- t, 11 i ,r'-- . ~_._, . ~ -.-- .~/ - .q ~~.c;.b.- ,-- ... fObn,'/''': ,", nrr"-' . .' j; " \ '... 0, fa ..., ---=-1 . ! i '<A I ., /I~\ ,( '-; \.. j \. . . / " J .-~-' .. - ~ -ilL , f f ~ "!_.. ,- --_.,~ ""N(.... ;~...... ~,IG..'..."CO l'D .". 11(1 , , Ai" ,- .~ Ontario Municipal Board 416/965-1908 Form R-6 r The Clerk Town of Newcastle 40 Temperance St. BOWMANVILLE, Ontario. LlC 3AG L Quote File Number R 751984 July 2, 1980 180 Dundas 81. West Toronto, Ontario M5G 1 E5 - - Dear Sir: Enclosed is documentation as follows: . o o Copy of Decision dated Duplicate Original of Decision dated o Board's Order made June 25, 1980 r:J Appointment for Hearing Yours truly, ...,.... SFH:ak Enclosure '" ( C. Saruyama Supervisor Planning Administration . RECEIVED .HJL 4 1:;1/jU TOWN OF NEWCASTLE ..,. ~ . . . # BEFORE: A.H. AMELL, Q.C. Viae-Chairman - and - C.G. CHARRON, Q.C. Member 1'\ ~ ~ ~GllR' Ontario R 751984 Ontario Municipal Board IN THE MATTER OF Sea~lon 3S of The Planning Aa~ (a.s.o. 1970, a. 349), -an4- IN THE MATTER OF an applioation by The Corpora~ion of 1:11e Town of Newcastle for approval of i~s Restria~ed Area By-law 75-48 ) ) ) ) ) ) ) Wednesday, the 25th day of June, 1980 No objections to approval having been received .a required, THE BOARD ORDERS tha~ By-law 15-48 is hereby approved. j "'fi /;' r Il~ /;;'8 I, />1 .r<-.,.. 'J !J~ SECRETARY > 1 flL(>'c'"~1 /{, '" O. i. No....E?...::-l:~.::1....... folio NO',...........~.............. JUL 2 19~O •R ��' A751081 W Onta rio Ontario Municipal pal Board TRn IN THE MATTE R OF Section 42 of The Planning Act (R.S *Oo- 1970, as amended, and FT , �. ; .,. � .� _ IN THE MATTER OF an The appeal by n T e Corporat ion of the Regional''.'' Municipality of ' Du g rharn,: from a decision of the Regional Muni - Municipality o f . Durham Land Division Committee C0UN,SE-L S.K. Jain _ for The Corporation of the Regional Muni cipalit of Durham Y . E.G. McNeely,•C.' --` Q for Town of Newcastle . ,, astle DECISION OF THE BOARD del ' Zvere d b W.T. • LliRIVES This hea.ring was held on the 20th � day of, January, , 19769 _and upon the completion of the hearing_it was indi sated t - o - counsel present that the decision relating to thy. s ' �• h e ars. ng . would be held until By-law y law 7had been received by ."this Board for approval, pp I am now informed that this h _ as been. done and willro - p teed to deliver my decision. . The appeal i s -takenMunicipality' . by the Regional of Durham against a decision of the Land Division Committee `dated the _23rd day of June, 19750 ThisParticular decision sion covers an appy icatil by Yugo' s Construction COMan ' p y Ltdo , to create 4 lo sepa.r .t ,,� .a -t - 3 t _ , 3 of which would have frontage g on Hancock Road and the fourth on Nash Road,' The lands From which these lots would be created are part of Lot 26 Concession 2 , formed In the y Township of' -Darlington , and now in the Town of Newcastle ,,f 1 MAN - A 751081 2 one The lands are covered by an Official Pian which l designates the subject ct as urban an re sldential . This plan was approved by the Minister on- October 3]., 1960. There is also a land use by --law in effect ct w . hich up until Apr•ll 7th, 1975 � f zoned the lands as R2 but By-law75­�27Y which was approved by this Board in September 1 h p 975 , changed the zone from R2 to "D" which i s a deferred development' zone,,, This new permitted land use requires 1 0 � 5 Feet of frontage and 57, 000 square f eet o f area fore c l a h lot.' It was for this � reason that the by-law was amended b75--48- Y $Y-1 law which r, places the four' propose q lots in a R zone . The subject lands 'also lie within -the th • - e boundare s of an area known as the Courti ce Study Areawhich is more particularly shown in Exhibit #2 . In this' � 'interesting , connection, it i s to note the explanatorynote which accompanied �By-law 75--27 when it was being circulated* The following • is extracted from that note. ; In order to implement ement these . p policies of the Di st ri ct Plan and to ensure that development will not take place with the Courti ce Area which would adversely ' . Y affect the 'planning studies being carr led out under the Ontario Housing J ,Action Program, the Council of the Corporation of the Town of Newcastle has deemed it advisable to • amend Zoning* By-law 2111 to Y place all currently . undeveloped lands in the Courtice Area in a Development (D) Zone." The p o sit ion taken by the planning staff of the Region is that because this i sn a environmental study. area , particular attention should be paid to any, further residential dent i a1development until the studies are complete-, The planner givin evidence on behalf half of the Reglon, pointed out that there i s alreadyr . a great deal of scattered ' evelopment in the area and - thi s would only add to it . He 11 ` 1. .i • �� .� 3 A 7 51081 also stated that in his opinion p the lands should be developed by alan of p subdivision and that the a • ppli cat�.on was contrary to certainrovi • ` • p sions of the Offlclal Plan. .The one.rovi sion p which he emphasized appears un . pp der Section (7a) Consents . Pol 1 cy and reads as foil • ,ws: In no ,case • should more than one .-, consent to separate a residential lot be. allowed for a propertyit as e x�, st e d at the .. date of adoption o tf this off ' Plan, �� czal The Town of Newcastle was represented at the hearing.'' by Mr. McNeely, and support s the de csi on made b th . y e Land Division Committee in. creat i.ng these 4 lots* The planningdirector of the Town of Newcastle stated at the hearing that in h' • . g his opinion, the. subject, lands should be' developed for sing gle family housing. He p ofnted _ p out that there is -.already considerable residential al develo menu i p n the area \and that • he could ' see� . no benefit from haven re " st ga g ered plan of subdivision, Mr. Mark Tomina who i� s a principal of Yugo, s Construction Company L imi't e d and the original applicant. to the Land Division Committee► stated that he had purchased the lands' , _ i n question in t 66 wi ; 9 th a view of developing t - p g hem. At the time he purc�-jased the property . p p y un til April 7th, 197.5 r the - . t lands were zoned R2. He stated ated that he was unaware that, .the zoning on tris lands had been changed by By -1.. 75 -2'� r although it is noted thath t e date of his appllcat *ion to the . p ;Committee i s also dated April 7 , 1975, the same day that Council-gave M 3rdreadingto the b Y law. It was alsopointed out that Mr. Tomina has . alread Y received one : severanCe f ram• h�.s orig�.nal holdings in lg7 • 3. This, of course brings g into grave doubt whether in it -this -application does conform• Wzth the Official Plan . that sec t�. on of the Con sent s• Pol �. cy which has already . a } been quoted in this decision d I o nott- however , intend- to rel' • ©n this • y particular subsection in reachin decision* • lir. Tomii.na is a developer p and either personally or .jointly with his wife still owns some 15 acres more or. less ' why, ch adjoin the subject land s. There is therefore always the Possibilitythat he rn , may wish t o further di V' i de the remaining land s ' at some future date I, therefore, accept the A argument of the. Region that the proper wayto p the lands is by way of a registered . plan of subdivision .and.`. having reached this conclusion it is nOt necessary to go into other planning _ }� g aspe ct s which raised at the hearing. In these circumstances therefore., the appeal is, I allowed and the decision of the Land Division committee is I set aside. The application cat ion i s re AA fused. . DATED at Toronto , this 26th da . . Y of October, x.9760, W. T .: SHRIVES Milk A' 1 I i h 1 Y, .0. 7519804 011tar, 10 Ontario Municipal Board IN THE PLATTER OF Section 35 of The Planning Act (R.S.O. 1970, co R9), and - IN THE MATTER OF an' application by The Corporation of the Town of Newcastle for approval of its Restricted Area By-law 75-48 B E F 0 R E : . ., ? .,i1.,,`1171 .11� N T DAE*��l C!U - --------- A*H* ARRELL, Q. C. y q Vice -Chairman and WedneBday, the 25th day C.G. CHARRON, Q.C.of June, 1980 Member No objections to approval having been received as required; THE BOARD OPR-HERS that By-law 75-48 is hereby approved, SEC R.ETARY