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P U B L I C M E E T I N G ;
Meeting: General Purpose and Administration Committee File 1~~~. 1~ g~/U~~~
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Date: Monday, March 15, 1993 Ses• t
PD-45-93 OPA 92-N/006 (Pln 11.10) t3Y-Law# .9~-~'T~
Report Fiie
Subject: OFFICIAL PLAN AMENDMENT IMPLEMENTING THE TOWN OF NEWCASTLE
MUNICIPAL HOUSING STATEMENT
oc~rnrr~er~ti n:
I is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-45-93 be received;
2. THAT Amendment #51 to the Official Plan of the Town of
Newcastle to incorporate revised policies on Housing be
approved as indicated in Attachment #1;
3. THAT the necessary by-law to adopt the above Official Plan
Amendment be passed and the amendment be forwarded to the
Ministry of Municipal Affairs;
4. THAT a copy of this report and Council's decision be
forwarded to the Region of Durham Planning Department; and,
5 THAT the interested parties -listed-in this report and any
delegations be advised of Council's decision.
1. BACKGROUND
1.1 The Provincial Policy Statement on Land Use Planning for
Housing requires municipalities to establish appropriate
policies, regulations, and approval procedures which will
create the opportunity for a variety of housing types to be
developed. One of the requirements of the Policy Statement
is for municipalities to re-examine their Official Plans and
Zoning By-laws in order to implement Provincial housing
policies.
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REPORT NO.: PD-45-93 PAGE 2
1.2 J.L. Cox Planning Inc., in conjunction with Town Staff,
recently completed the Town of Newcastle Municipal Housing
Statement which provided an analysis of the local housing
market and recommended a housing strategy to meet local
housing needs. This document was adopted by Council on
April 6, 1992 and due to concerns raised by the Ministries
of Municipal Affairs and Housing, a revised document was
adopted on November 9, 1992.
1.3 The Town of Newcastle Municipal Housing Statement
recommended various revisions to the Town's Official Plan
which would encourage the creation of an adequate and
accessible supply of housing that is affordable for all
residents.
2. PUBLIC NOTICE
2.1 Staff prepared a draft Official Plan Amendment incorporating
new housing policies and submitted the draft Amendment for
review to the General Purpose and Administration Committee
__at a__Pub is _Meeting__he d _ on ..July 6.,......19.92. ....Notice of_ the
Public Meeting was placed in the Bowmanville Statesman,
Courtice News, and the Orono Weekly Times on June 3, 1992.
No public submissions were received.
2.2 In accordance with the Town's procedures and the
requirements of the Planning Act, a notice for a second
Public Meeting was also placed in the Bowmanville Statesman,
Courtice News, and the Orono Weekly Times on February 3,
1993.
3. DESCRIPTION OF PROPOSED OFFICIAL PLAN AMENDMENT
3.1 Staff presented a report (PD-86-92) to the General Purpose
and Administration Committee concerning the proposed
Official Plan Amendment on April 6, 1992. A brief summary
cf the ~r~esed a:~:c::~te-~a-~~€cl?~~s.
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REPORT NO.: PD-45-93 PAGE 3
3.2 Addition to the Strategic Policies Section of the Official
Plan
3.2.,1 The Official Plan Amendment proposes that a new section
dealing with housing be added under the Strategic
Policies section. This new housing section outlines a
housing goal, housing objectives and specific overall
housing policies for the Town of Newcastle.
3.2.2 The main housing goal for the Town is to provide a
range of housing types, sizes, price and tenure
arrangements for households of differing socio-economic
characteristics.
The housing objectives for the Town include:
• maintaining an adequate supply of land for housing
purposes;
• providing a range of housing types;
• promoting residential intensification; and,
• monitoring the Policy Statement provisions.
3.3 Additions to the Residential Policies Section for Courtice,
Bowmanville, and Newcastle Villaae
3.3.1 A subsection will be added to the Residential Policies
section for each of the urban areas of Courtice,
Bowmanville, and Newcastle Village. These sections
will include polices on accessory apartments and
rooming, boarding and lodging houses.
4. AGENCY COMMENTS
4.1 The subject amendment was circulated to various agencies for
comment. The following agencies/departments offered no
objection to the amendment:
• Town of Newcastle Public Works
• Public School Board.
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REPORT NO.: PD-45-93 PAGE 4
4.2 The Town of Newcastle Fire Department had concerns regarding
means of egress which were addressed in the first Staff
Report (PD-158-92).
4.3 No comments were received from the Region of Durham Planning
Department.
4.4 The Ministries of Housing and Municipal Affairs requested
minor word changes to clarify the intent and meaning of the
policies. These have been incorporated. In addition, the
Ministry of Municipal Affairs had the following comments:
• The Province would like clarification on how the Town
intends to achieve a minium of 25% affordable housing
in accordance with the needs of its residents with a
medium density target of 30% and a high density target
of 10%.
Staff responded directly to the Ministry noting the
findings of the Municipal Housing Statement indicate
that the majority of housing units being produced in
the Town of Newcastle are considered to be affordable,
including low density residential-un-its (ie.,.....semi--
detached and small lot singles). Furthermore the .
Municipal Housing Statement indicates that 36.7% of the
units proposed at the end of 1990 were medium and high
density.
The Municipal Housing Statement also indicated that
affordable housing for individuals with incomes in the
20th to 100th percentile can be found in the Town of
Newcastle, particularly in the urban areas. More
housing units for people with incomes in the lower
percentiles should become available through
intensification efforts and non-profit housing.
Consequently, Staff believe the proposed amendment
adequately provides for housing to be constructed to
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1llCC~. ~.~1C 11CCUD Ut all iia.-.viu~ ~y'iv'.~33.
REPORT NO.: PD-45-93 PAGE 5.
• .The Province asked that the criteria for
intensification be relocated from the Official Plan to
the zoning by-law.
Certain parts of the intensification section were
removed from the recommended Amendment because of
duplication. The remaining sections, however, define
the permitted uses in Residential Areas and therefore,
need to remain in the Official Plan. The Town of
Newcastle Official Plan has policies for each urban
area and consequently, policies need to be added to
each urban area section which would permit, subject to
certain criteria, accessory apartments and rooming,
boarding and lodging houses. Appropriate
implementation details concerning these uses will be
detailed in the Zoning By-law.
• The Province requested clarification on the use of the
term "compatibility".
The section dealing with "compatibility" was reworded
to make it clearer. Furthermore, Section 2.1.4.2 was
added to the amendment which would provide the
necessary protection for historic neighbourhoods.
• The Province requested that policies concerning
monitoring and streamlining be included.
The housing amendment contains policies concerning
monitoring and streamlining under Sections 2.:1.4.3,
2.1.4.4, and 4.4.1.
5. STAFF COMMENTS
5.1 The Ontario Government has released legislation (Bill 90)
which would amend the Planning Act and the Municipal Act and
- would allow homeowners to create one apartment in their
house. The proposed legislation also allows homeowners to
work with municipalities to create garden suites or "granny
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REPORT NO.: PD-45-93 PAGE 6
flats" in their yards. The first reading of the draft
legislation (Bill 90) took place on October 29, 1992. The
Bill is expected to receive a second reading in the Spring
Session of the Legislature and then to be referred to a
Standing Committee for public hearings.
5.2 Staff presented a report (PD-198-92) concerning the draft
legislation on "Apartments in Houses" to the General Purpose
and Administration Committee on September 8, 1992. Staff
agreed with the principle of the proposed legislation, but
had a number of serious concerns including:
• potential negative impact on services if accessory
apartments are allowed "as-a-right" in-all residential
areas;
• inability of row/town houses to accommodate accessory
apartments which would lead to problems with on-street
parking;
• Development Charges Act restricts municipalities from
charging a levy on accessory apartments which would
place a burden upon municipalities to compensate for
any deficiencies caused by an increased population
_base
• there is no requirement that the second unit be
"accessory" or secondary to the main residential unit;
• inability of the Town to require additional parking
spaces for an accessory apartment; and,
• inability to distinguish among people will result in
the municipality not being able to ensure that garden
suites are restricted to the elderly and disabled
members of the same family.
5.3 The present Official Plan Amendment will be invalid if Bill
90 is adopted. Unlike Bill 90, the Town's proposed
Amendment will not allow accessory apartments "as-of-right"
in any residential area. It restricts accessory apartments
to single and semi-detached units only. It does not allow
second units in townhouses. The Amendment also requires
112~POwners to meet a number of criteria including parking
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REPORT NO.: PD-45-93 PAGE 7
access and lot size provisions. These provisions would
contravene Bill 90 and, if this Bill is passed, the
Municipality would be required to revise some sections of
the Amendment.
6. CONCLUSIONS
6.1 The Town of Newcastle Municipal Housing Statement identified
a number of changes that were required to the Official Plan
in order to implement the Provincial Land Use Planning for
Housing Policy Statement. These changes were incorporated
into an official plan amendment which has been circulated to
various public agencies for review and comment. A revised
official plan amendment incorporating the recommended
changes has been prepared.
6.2 Staff recommends that the Official Plan Amendment #51 be
adopted by Council and then forwarded to the Ministry of
Municipal Affairs for approval.
Respectfully submitted, Recommended for presentation
to the Committee
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Franklin Wu, M.C.I.P. Lawrence E. ~o'tseff
Director of Planning Chief Admin's'trative
and Development Officer
TH*DC*FW*df `
Attachment #1: Proposed Amendment
Attachment #2: By-law
Interested parties to be notified of Council and Committee's
decision:
5yvan Developments Limited Mr. Henry Alexander
Mr. Edmond Vanhaverbeke 3590 Trulls Road
85 King St. W., Unit 2 Courtice, Ontario L1B 1L2
Newcastle, Ontario L1E 2L2
Mr. Thomas Robinson Mr. Andy Van Lith
1617 Highway #2 R.R. #1
BoxA-3 Orono, Ontario LOB 1MO
CJ U.L ~11:C, V11~Q11V L1L G~.7
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AMENDMENT NO. 51 TO THE OFFICIAL PLAN
OF THE TOWN OF NEWCASTLE
PURPOSE: The Provincial Government adopted the Land Use Planning for Housing
Policv Statement on August 1, 1989. Under the Policy Statement,
municipalities which were identified as priority areas were expected to
establish appropriate policies, regulations, and approval procedures to
create opportunities for a variety of housing types to be developed.
The purpose of this amendment is to incorporate policies, into the
Official Plan of the Town of Newcastle which will encourage the creation
of an adequate and accessible supply of housing that is affordable for
all present and future residents of the Town.
BASIS: The Policy Statement identifies five main policies which must be
implemented by municipalities, as follows:
a) maintaining a supply of land for future residential use;
b) streamlining the planning process to reduce the time to process
residential applications;
c) providing for a range of housing types in new residential
development and residential intensification;
d) promoting residential intensification opportunities to increase the
supply of housing; and,
e) monitoring how the provisions of the Policy Statement are being
met.
In accordance with the requirements of the Provincial Policy Statement,
the Town of Newcastle adopted a revised Municipal Housing Statement
on November 9, 1992. This Official Plan Amendment is based on the
recommendations contained in the Town of Newcastle Municipal
Housing Statement.
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ACTUAL
AMENDMENT: The Official Plan of the Town of Newcastle is hereby amended as
follows:
1. By moving Section 2.1 (Zoning By-laws) and Section 2.2 (Site Plan
Control) to Section 4 (Implementation), and renumbering same as
Sections 4.5 and 4.6 respectively.
2. By renumbering Section 2.3 (Community Improvement) as Section 2.2,
and renumbering all subsections accordingly.
3. By adding a new section 2.1 as follows:
"2.1 HOUSING
2.1.1 GOAL
2.1.1.1 To provide for a range of housing types, sizes, price and
tenure arrangements. in order to provide residential
accommodation for households of diverse socioeconomic
characteristics.
2.1.2 OBJECTIVES
2.1.2.1 To maintain an adequate supply of land for housing
purposes.:..
2.1.2.2 To provide a range of housing types and tenure
throughout the Town to meet the housing requirements of
a changing population.
2.1.2.3 To maintain the present housing stock of the Town of
Newcastle.
2.1.2.4 To maximize the efficient use of land and buildings for
residential accommodation, consistent with good planning
principles.
2.1.2.5 To provide a greater range of housing options and
services within the Town for seniors, those with special
needs, and those requiring financial assistance.
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2.1.3 POLICIES ~ ~
2,1,3,1 Council, in cooperation with other levels of government,
shall encourage the provision of a diverse housing stock in
terms of type, tenure, density and cost relative to
household income and affordability throughout the Town.
2.1.3.2 The Town of Newcastle Municipal Housing Statement
establishes residential growth targets. Such targets shall
form the basis of municipal planning and capital budget
forecasting. The residential growth targets shall be subject
to the financial capabilities of the Town and shall be
updated at five year intervals.
2.1.3.3 It is Council's objective to achistle:t70%low'densityS20%
unit mix in the Town of Newca
medium density, and 10% high density. Notwithstanding
this provision, the housing mix of specific neighbourhood
planning units shall be determined on the basis of specific
area characteristics.
2.1.3.4 For each urban area, a minimum of 25% of all new
residential units shall be affordable as defined by
Provincial affordability criteria.
2.1.3.5 The provision of affordable housing shall not be limited to
one particular housing type, nor shall it be concentrated in
or excluded from certain neighbourhoods or urban areas.
2.1.3.6 Council shall encourage the production of rental
accommodation that is in keeping with the Municipal
Housing Statement target. In addition, the Town shall give
priority to development proposals that include provisions
for rental housing.
2.1.3.7 Council shall seek to maintain the following land supply
and housing unit supply targets:
a) At least a 3-year supply of a combination of draft
approved and/or registered lots and blocks in plans
of subdivision, calculated on a Town-wide basis;
b) A 2 year supply of land zoned for medium and high
n areas; and,
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c) A 15 year supply of serviceable residential land to
meet future housing requirements subject to the
financial capability of both the Region and the Town
to provide the necessary services.
2.1.3.8 Council shall encourage the use of vacant and under
utilized land and the redevelopment of existing buildings
as potential contributors to the future housing stock.
2.1.3.9 Council shall encourage mixed-use development by
permitting residential uses as part of a commercial
development, where areas of development or
redevelopment are zoned or designated for commercial
use.
2.1.3.10 Council shall encourage residential intensification in urban
areas which comply with the following criteria;
a) there is the physical potential to accommodate
intensification;
b) the existing infrastructure and services can support
new households; and,
c) there is a demonstrated demand for the type of
housing proposed
2.1.3.11 Council shall consider the housing requirements of special
needs groups throughout the Town. Housing for special
needs groups shall have regard for ease of access to
required support services such as community and medical
facilities, commercial areas, parks and open space and
availability of transit.
2.1.3.12 Council may consider pilot projects and innovative
housing developments, including garden suites.
2.1.3.13 Council shall encourage the development of non-profit
housing by co-operative and non-profit housing
organizations. Such developments shall conform to good
planning principles and the locational criteria for medium
and high density residential areas as specified in this Plan.
2.1.3.14 Council shall encourage the maintenance and preservation
~'f i) Cxialii ~y I wt~airiiy 3t6~k.
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2.1.3.15 In order to ensure an adequate supply of rental
accommodation in the Town, the conversion of existing
residential units to condominium tenure may be permitted,
provided the following conditions are satisfied:
a) the rental vacancy rate for the whole of the Town is
3 percent or higher for two successive surveys, as
determined in the bi-annual rental vacancy survey
undertaken by the Canada Mortgage and Housing
Corporation (CMHC);
b) the rental vacancy rate for the specific bedroom
types affected by such conversion is 2 percent or
higher;
c) the approval of such conversions to condominium
tenure does not result in the reduction of the
vacancy rate below 3 percent and 2 percent
respectively, in accordance with (a) and (b) above.
2.1:3.16 Applications under the Rental Housing Protection Act for
the conversion of rental units to condominium tenure shall
be accompanied by an analysis indicating that the
provisions of Section 2.1.3.15 have been met. In addition,
the applicant shall be required to enter into agreements
with the Town to satisfy the Town's requirements, financial
and otherwise.
2.1.4 IMPLEMENTATION
2.1.4.1 Council shall amend the Comprehensive Zoning By-law
and develop guidelines to ensure residential intensification
projects are similar in scale and character with the
surrounding neighbourhoods. The criteria to be
addressed shall include, but shall not be limited to the
following: building height, lot coverage and parking,
density and massing.
2.1.4.2 In neighbourhoods where there is a desire to preserve the
historic character of the dwellings, Council may require the
use of the site plan approval process to control external
changes to the dwelling and to ensure sufficient
landscaping and screening for parking is provided.
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2.1.4.3 Council is committed to the efficient processing of
subdivision, rezoning and site plan applications provided
such applications are within the portion of the urban area
included within the 10 year capital improvements forecast
of the municipality.
2.1.4.4 An annual housing report shall be prepared for
consideration by Council in order to monitor the progress
made towards fulfilling the Town's housing objectives.
This report shall include a review of the development
approval process with respect to timeframes for the
processing of applications.
2.1.4.5 In the preparation of Community Improvement Plans,
Council shall establish policies to preserve, restore and
rehabilitate existing housing stock."
4. In Section 4, by adding a new subsection as follows:
"4.4 OFFICIAL PLAN AMENDMENTS
4.4.1 When Council intends to adopt an amendment to this Plan,
Notice of the Public Meeting to consider the amendment shall be
provided at least (20) days prior to the Public Meeting, and any
person who attends the meeting shall be afforded an opportunity
to make representation in respect of the proposed amendment to
the Official Plan.
4.4.2 Notice of the Public Meeting under Section 4.4.1 shall be as
prescribed by the Planning Act, R.S.O. 1990, as amended."
5. By adding to the policies for the COURTICE URBAN AREA the
following new subsections to 6.1.2 (ii):
"e) Accessory apartments shall be permitted within a detached
house or semi-detached house subject to the following criteria:
- maximum of one accessory unit per dwelling;
- sufficient room for one parking space above and beyond
the parking requirement for the main dwelling;
- suitagiiity of roaa ana ariveway access;
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- suitability of the parcel of land in terms of lot size,
setbacks, side yards and landscaped open space to
accommodate an additional unit;
- structural suitability of the building to accommodate
alterations for an additional dwelling unit; and,
- compliance with the Zoning By-law, Ontario Building Code,
Fire Code, and all relevant municipal and provincial
standards.
f) Rooming, boarding and lodging houses shall be permitted
subject to the following criteria:
- suitability of the parcel in terms of lot size, setbacks and
side yards to accommodate more intensive use;
- proximity to retail and personal service facilities,
employment opportunities, parks and open spaces;
- provisions of adequate on-site parking and landscaping;
and,
- compliance with the Zoning By-law, Ontario Building Code,
Fire Code and all relevant municipal and provincial
standards.,,
6. By adding to the policies for the BOWMANVILLE URBAN AREA the
following new sub-sections to Section 7.2.1.2 (ii):
"e) Accessory apartments shall be permitted within a detached
house or semi-detached house subject to the following criteria:
- maximum of one accessory unit per dwelling;
- sufficient room for one parking space above and beyond
the parking requirement for the main dwelling;
- suitability of road and driveway access;
- suitability of the parcel of land in terms of lot size,
setbacks, side yards and landscaped open space to
accommodate an additional unit;
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- structural suitability of the building to accommodate
alterations for an additional dwelling unit; and,
- compliance with the Zoning By-law, Ontario Building Code,
Fire Code, and all relevant municipal and provincial
standards.
f) Rooming, boarding and lodging houses shall be permitted
subject to the following additional criteria:
- suitability of the parcel in terms of lot size, setbacks and
side yards to accommodate more intensive use;
- proximity to retail and personal service facilities,
employment opportunities, parks and open spaces;
- provisions of adequate on-site parking and landscaping;
and,
- compliance with the Zoning By-law, Ontario Building Code,
Fire Code and all relevant municipal. and provincial
standards."
7. By adding to the policies for the NEWCASTLE VILLAGE URBAN AREA
the following new sub-sections to Section 8.2.1.2 ii):
"e) Accessory apartments shall be permitted within a detached
house or semi-detached house subject to the following criteria:
- maximum of one accessory unit per dwelling;
- sufficient room for one parking space above and beyond
the parking requirement for the main dwelling;
- suitability of road and driveway access;
- suitability of the parcel of land in terms of lot size,
setbacks, side yards and landscaped open space to
accommodate an additional unit;
- structural suitability of the building to accommodate
alterations for an additional dwelling unit; and,
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- compliance with the Zoning By-law, Ontario Building Code,
Fire Code, and all relevant municipal and provincial
standards.
f) Rooming, boarding and lodging houses shall be permitted
subject to the following criteria:
- suitability of the parcel in terms of lot size, setbacks and
side yards to accommodate more intensive use;
- proximity to retail and personal service facilities,
employment opportunities, parks and open spaces;
- provisions of adequate on-site parking and landscaping;
and,
- compliance with the Zoning By-law, Ontario Building. Code,
Fire Code and all relevant municipal and provincial
standards."
IMPLEMENTATION: Provisions set forth in the Town of Newcastle Official Plan,
as amended, regarding the implementation of the Plan
shall apply in regard to this Amendment.
INTERPRETATION. Provisions set forth in the Town of Newcastle Official Plan,
as amended, regarding the interpretation of the Plan shall
apply in regard to this Amendment.
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 93-
being a By-law to adopt Amendment Number 51 to the Official Plan of the Town of
Newcastle.
WHEREAS Section 17(6) of the Planning Act, R.S.O. 1990, as amended, authorizes
the Town of Newcastle to pass by-laws for the adoption of or repeal of Official Plans
and amendments thereto.
WHEREAS the Council of the Corporation of the Town of Newcastle deems it
advisable to amend the Official Plan of the Town of Newcastle to incorporate revised
housing policies.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Town of Newcastle enacts as follows:
1. That Amendment Number 51 to the Official Plan of the Town of Newcastle,
being the attached Exhibit "A" and Explanatory Text, is hereby adopted.
2. That the Clerk of the Town of Newcastle is hereby authorized and directed to
make application to the Minister of Municipal Affairs for approval of the
aforementioned Amendment Number 51 to the Official Plan of the Town of
Newcastle.
3. This By-law shall come into force and take effect on the date of the passing
thereof.
BY-LAW read a first time this day of 1993,
BY-LAW read a second time this day of 1993.
BY-LAW read a third time and finally passed this day of 1993.
I
MAYOR
CLERK
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