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TOWN OF NEWCASTLE
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R E P O R T File # ~~ ~-
Res. # °~~ - -~"",~
By-Law #
I(~: General Purpose and Administration Committee
DATE: Monday, April 6, 1987
T #: PD-85-87
FILE #: I)FV f~6-65
CT: ROMAN CATHOLIC EPISCOPAL CHURCH
PART LOT 27, CONCESSION 2, NEWCASTLE VILLAGE
TOWN OF NEWCASTLE ZONING BY-LAW 87-2
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1.
THAT Report PD-85-87 be received; and
2.
THAT Council resolve as follows:
"WHEREAS the Council of the Corporation of the Town of Newcastle has passed By-law
87-2, being an amendment to the Town of Newcastle Comprehensive Zoning By-law 84-63,
as amended;
AND WHEREAS said by-law amendment has the sole purpose of increasing the residential
density of the development permitted by By-law 84-63 on the subject lands by a total
of three (3) units;
AND WHEREAS the Regional Municipality of Durham has filed an appeal to By-law 87-2
alleging prematurity of said development;
AND WHEREAS it would appear that the actions of the Regional Municipality of Durham
are intended solely for the purposes of delay;
NUW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of
Newcastle hereby petitions the Ontario Municipal Board to dismiss the ap pe al of the
Regional Municipality of Durham without hearing and to forthwith approve By-law 87-2
of the Corporation of the Town of Newcastle"; and
...2
" ~~
REPORT NO.: PD-85-87 Page 2
3. THAT in view of the number of appeals filed by the Regional
Municipality of Durham with respect to rezoning applications, the
Ontario Municipal Board is hereby requested to consider the validity
of such appeals, bearing in mind, the intent of same is delaying
development until payment of Regional levies has been made.
BACKGROUND AND COMMENTS:
On January 26, 1987 the Town of Newcastle passed By-law 87-2 in respect
of a proposal to permit the development of three (3) dwelling units in
the existing church on the subject lands. As noted previously, the
proposed rezoning was intended to increase the density of the development
by a total of three (3) additional units. The subject lands are zoned
"Urban Residential Type One Exception (R1-1)" by By-law 84-63 and have
developed in accordance with the site plan agreement as entered into.
During the course of circulating the subject application, there was no
particular concerns identified which could not be resolved through the
Site Plan process and amendment to the existing development agreement.
As Cornmittee may recall, the development agreement requires that, prior
to the issuance of building permits, the Town will require written
confirmation that the developer has satisfied the requirements of the
Region of Durham in respect of Regional services to be constructed. This
clause provides the Region with a further opportunity to collect any
levies as a condition of issuing connection permits.
Notwithstanding the foregoing, the Region filed an appeal with the Clerk
on March 2, 1987. Staff are extremely concerned by this action in that
it will result in a further delay to the owners who are anxious to
proceed. It is Town Staff's opinion that the appeal is meant solely for
...2
~~J'\~~
REPURT NU.: PD-85-87
Page 3
the purposes of delay in order to secure payment of Regional levies and not
related to any planning issue. Consequently, we recommend that the Board be
petitioned to dismiss the appeal without hearing and furthermore, approve
By-law 87-2.
In view of this appeal and past similar appeals which have been filed by the
Region, it would seem appropriate for the Town to request the Ontario
Municipal Board to consider the validity of such appeals. Each appeal filed
results in a cost to the municipality and, in our opinion, each appeal of
this nature is unnecessary due to the fact that the Town would not issue
building permits pursuant to Site Plan Agreements until such time as the
Region's financial considerations are secured.
LDT*TTE*jip
*Attach .
March 19, 1987
Recommended for presentation
to the Committee
(r~;
-Lawrence otse
Chi of A~dmn ni strati ve Officer
DURHA~/l
The Regional
Municipality
qt Durham
Clerks Department
605 Rossland Road East
P.O.Box 623,
Whltby, Ontario
Canada, L1N SA3
x$16) 66$-7711
CW. IIJNDY, A.MC.T
Regional Clerk
February 26, 1987 ` ~ '- :~,
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Re: Town of Newcastle Zoning By-law #87-2 -Roman Catholic
Episcopal Corporation
Mr. Oakes, the Planning Committee of Regional Council
considered the above zoning by-law of your municipality and
at a meeting held on February 25, 1987, Council adopted the
following recommendations of the Committee:
"a) THAT Zoning By-law #87-2 of the Town of Newcastle be
deemed to be premature and the Commissioner of Planning
be authorized to file an appeal with respect to the
By-law;
b) THAT Regional staff be authorized to make representation
before the Ontario Municipal Board; and
c) THAT the appeal be withdrawn upon execution of a
servicing agreement between the owner and the Region."
Would you kindly draw the decision of Regional Council to the
attention of your Council and appropriate staff.
'~.
C.W. Lundy, A.M.C.T.
Regional Clerk
CWL:ns -
cc: M.R. Michael, Ca~~iiniss~ioner of Planning
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DURHAM March 2, 1987 ~ .r~ TOWN
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The Regional Mr. David W. Oakes B.A., A. M.C.T., C.M.O.,
Municipality ~
of Durham Town C1 erk
Planning Town of Newcastl e
pepartment Municipal Offices
eoX s23 40 Temperance Street
,os consumers Dr, Bowmanvi l le, Ontario
Whitby, Ontario
Canada, L1N 6A3 L IC 3A6
. (416) 668.7731
DR, M, R, MICHAEL, M.C.hP, Dear Mr. Oakes:
Commissioner of Planning
Re: Appeal of Zoning By-Law 87-2 by the Region of Durham
Part of Lot 27, Conc. 2
Former Village of Newcastle
Town of Newcastle.
This is to serve as notice of appeal under Section 34(18) of the
Planning Act 1983, to the passing of the above-noted zoning
amendment.
A copy of Commissioner's Report No. 87-39 to the Region's Planning
Committee, documenting the Region's objection to this by-law has
been enclosed.
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The recommendations made by Planning Committee on February 17, 1987
have been confirmed by Regional Council on Wednesday, February 25,
1987. The Regional Clerk, Mr. C. Lundy, ~vill confirm Regional
Council's decision on this matter.
Yours very truly,
Dr. M. Michael,.M.C.I.P
Commissioner of Planning
:cc
(712)
cc: S. Jain, Regional Solicitor
T. T. Edwards, Planning Director, Town of Newcastle
G. Crawford, Regional Works Department