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HomeMy WebLinkAboutPD-85-87,,,~....m„~, w ~,~ - ~' ~, TOWN OF NEWCASTLE /'~, 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 ` ~ '- :~, a ~9AF~ l 197 ~~ k ~t~" i ~t ^~~i,r [:. -mot E ~ ~ ~ d~. PSG $i'I Cis! is 1" ~ r... rt, ~~~EZr, u~€,;r,l=~~~i~~ru~~ 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 Cc) i . .; ~ ~ , ~ '`3 `987 `` DURHAM March 2, 1987 ~ .r~ TOWN .t.~~~4N~11N f NF~vtA~r[~ J . _ c ~ ..l 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. t~\ ~~c~-, 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