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HomeMy WebLinkAboutPD-297-87DN: 297-87 ,,,.r. x~„~ ,,,, TOWN OF NEWCASTLE ~ ~b) REPORT File #~,(~~~. Res. # By-Law # hEFTING: General Purpose and Administration Committee DATE: Monday, December 7, 1987 REPORT #: PD-297-87 FILE #: DEV 87-52 SUB,~CT: REZONING APPLICATION - D. & M. PORTER PART LOT 23, CONCESSION 2, DARLINGTON BY-LAW 87°146 FILE: DEV 87°52 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: .l. THAT Report PD-297-87 be received; and 2. THAT Staff be provided with further direction. BACKGROUND AND COMMENT: On September 14, 1987 Council approved By-law No. 87-146 to amend the Town's Zoning By-law. Staff Report PD-225-87, copy attached, recommended denial of the application as submitted, as the proposed rezoning did not conform with the policies of the Region of Durham Official Plan. On October 9, 1987 the Town received, from the Region's Commissioner of Planning, a statement of non-conformity with the applicable Official Plan. This letter is considered an appeal of By-law 87-146 and must therefore be dealt with by the Ontario Municipal Board pursuant to the provisions of Section 34 (18) and 34 (21) of the Planning Act. Staff would note for the Committee's consideration that the options available to Council are as follows: ...2 ~~b~ REPORT NO.: PD-297-$7 PAGE 2 1. Repeal By-law 87-146. 2. Submission of the By-law to the Ontario Municipal Board with a request that the Hearing be convened. Staff would note that we could support Option No. 1, but would be unable to support Option No. 2 due to the issue of Official Plan conformity. Staff note that a recent Ontario Punicipal Board Hearing in respect of a similar situation resulted in the repeal of a Town By-law due to non-conformity with the Official Plan (Swallow). Accordingly, Staff requests Council's direction in respect of this matter. LDT*TTE*jip *Attach. November 10, 1987 CC: Mr. & Mrs. D. Porter R.R. #2 BOVdMANVILLE, Ontario L1C 3K3 Recommended for presentation to the Committee Lawrence E otseff Chief Adm' '~trative Officer THE CORPORATION~F THE TOWN OF NEWCASTLE BY-LAW NUMBER 87- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law of the Corporation of the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Town of Newcastle. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows 1. Section 7.3 "SPECIAL EXCEPTIONS - RURAL CLUSTER (RC) ZONE" of By-law 84-63, as amended, is hereby further amended by adding thereto the following new Subsection 7.3.8 as follows; "RURAL CLUSTER EXCEPTION (RC-8) ZONE Notwithstanding Sections 7.1 and 7.2, those lands zoned RC-8 on the Schedules to this By-law shall be subject to the following zone regulations; a) Permitted Uses (i) a single detached dwelling and accessory building(s) or structure(s) with the exception of a swimming pool; and (ti) a home occupation use in accordance with the provisions of Section 3.10. b) Lot Area (minimum) 2140 square metres" 2. Schedule "2" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A)" to "Residential Cluster Exception (RC-A)" Zone as shown on the attached Schedule "X" hereto. 3. Schedule "2" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A)" to "Residential Cluster (RC)" Zone as shown on the attached Schedule "X" hereto. 4. Schedule "X" attached hereto shall form part of this By-law. 5. This ey-law shall come into effect on the date of passing hereof, sub,~ect to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 1987 BY-LAW read a second time this day of 1987 BY-LAW read a third time and finally passed this day of 1987. MAYOR Zcb> This is Schedule "X" to B.y-law 87--^ passed this day of ,1987 A.D. ® ZONING CHANGE FROM 'A' TOIRC-8' ® ZONING CHANGE FROM'AI TO'RCI Mayor c 0 10 EO 40 00 IOOm EOm 10 0 26 25 24 23 22 21 20 19 18 17 rn I M 3 1 r~ v . I I A' ° ~ O EP I I A ~ I K I V A ffK~~ I A c HASH ROAD •N ~ ~ EP A I ~' SCHEOUIE 50~ C Q I I (MAPLE GROVE) ~ N ' N I ^ a I z ~ ~ Z h1 I z I z ~ I ~ I ~^ B 100R STREET I / ~ x ~p I Y ( ~ ~ o A I I ,N I J~ 1 M2 i I A Former Township of DARLINGTON 0 0 W 0 J Clerk o zeo seo boom aoo® ~, T ~b> BLOOR STREET