HomeMy WebLinkAboutPD-297-87DN: 297-87
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TOWN OF NEWCASTLE
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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:
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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
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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
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