HomeMy WebLinkAboutPD-258-87DN : 258-87 J ~d )
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TOWN OF NEWCASTLE
REPORT File # ~~`_~j~~,:
Res. #~~ ~° :~
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By-Law #
("~7ING: General Purpose and Administration Committee
~~~ Monday, October 19, 1987
REPORT #: „n_,~Q_R~ FILE #: .~v 7-13
SUB,~CT: ONTARIO MUNICIPAL BOARD HEARING - TOWN OF NEWCASTLE
BY-LAW 87-g3 (OUR FILE: DEV 87-13)
RECOt~9MENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-258-87 be received for information.
BACKGROUND AND COMMENTS:
On July 27, 1987 the Council approved By-law 87-93 (copy attached) in respect of an
application for rezoning submitted by Mr. C.P. Swallow. Following review by the
Department, Report PD-112-87 was considered by the General Purpose and
Administration Committee at its meeting of April 21, 1987. Said report recommended
approval of a zoning by-law which would have the effect of permitting the severance
of one (1) lot with the retained and the severed parcel both containing an existing
residential dwelling. In lieu of the Staff recommendation, Resolution ~~GPA-368-87
was approved by the Committee, recommending to Council approval of an amendment to
the Zoning By-law to permit the creation of three (3) lots and further directing
Staff to prepare the necessary by-law amendment for Council approval.
At its meeting of July 20, 1987, the General Purpose and Administration Committee
considered Staff report PD-199-87 which indicated to Council that an appeal had
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REPORT NO.: PD-258-87 PAGE 2
been filed in respect of the Town's approval of By-law 87-93. As noted by the
Report, the sole issue is conformity with the policies of the Durham Regional
Official Plan which was the basis of Staff's original recommendation for denial
of the application as submitted. The Committee resolved to receive the Staff
Report and directed Staff to submit the Zoning By-law amendment to the Ontario
Municipal Board with a request that a Hearing be convened.
On September 30, 1987, the Town received notice of Appointment for Hearing with
the Ontario Municipal Board. In that regard, a Hearing has been scheduled for
November 12, 1987 at 10:30 a.m. in the Community Hall, Newcastle Village. In
view of Staff's position and previous recommendations, we would be unable to
appear at the Hearing in support of this by-law. Accordingly, in the absence
of a Council resolution providing further direction, the Town would be
unrepresented at the Hearing in which case, there is a distinct possibility the
appeal could be allowed and the By-law not approved.
The options available to Council are as follows:
1. request the Town Solicitor to appear on behalf of the municipality; and
2. request the applicant's Solicitor to appear before the Board on behalf of
his client and the Town in support of By-law 87-93•
I would note that, should the Town Solicitor be requested to attend given the
issue of Official Plan non-conformity, he may, very likely, be unable to do
little more than submit the by-law and request the Board to approve same. If
the applicant's Solicitor is requested to appear on behalf of the Town, I would
suggest that it be done at no cost to the municipality inasmuch as approval of
this by-law is of benefit only to his client and he will be attending the
Hearing in any event on his behalf.
Recommended for presentation
to the Committee
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4.,--Lawrence E a tseff
Chief Adm~Cn's rative Officer
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Attach.
October 1, 1987
~~~
NOTICE OF APPOINTMENT R 870415
ONTARIO MUNICIPAL BOARD HEARING Thursday, November 12, 1987
IN THE MATTER OF Section 34 of the
Planning, 1983
IN THE MATTER OF an application by
The Corporation of the Town of
Newcastle for approval of its
Restricted Area By-law 87-93
TAKE NOTICE THAT the Ontario Municipal Board has appointed Thursday,
the 12th day of November, 1987, at the hour of half past ten
o'clock (local time) in the forenoon, at the Community Hall, Highway
#2, Village of Newcastle, for the hearing of all parties interested
in supporting or opposing this application.
If you do not attend and are not represented at this hearing, the
Board may proceed in your absence and you will not be entitled to any
further notice of the proceedings.
In the event the decision is reserved, persons taking part in the
Hearing and wishing a copy of the decision may request a copy from the
presiding Board Member at the Hearing, or contact the Board's Offices.
The decision will be mailed when available.
Dated at the Town of Newcastle this First day of October 1987.
David W. Oakes, B.A., A.M.C.T., C.M.O.,
Town Clerk,
Ttiwn of Newcastle,
40 Temperance Street,
Bowmanville, Ontario.
L1C 3A6.
File: 60.35.347.
... tt h, . .
THE CURPUkATION UF.THE TOWN OF NEWCASTLE
BY-LAW NUMBER 87- 93
being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law
of the Corporation of the Town of Newcastle.
WHEkEAS 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, pursuant to Section 16.6.5 of the Durham Regional Official
Plan;
Nuw THEkEFUkE ttE IT RESULYED THAT the Council of the Corporation of the
Town of Newcastle enacts as follows:
1. Section 6.4 "SPECIAL EXCEPTIONS - AGRICULTURAL (A) 'LONE" of
ey-law 84-63 is hereby further amended by adding thereto the following new
Subsection 6.4.'16 as follows:
"6.4.26 AGRICULTURAL EXCEPTION (A-26) ZONE
Notwithstanding Section 6.1, those lands zoned "A-26" on the
Schedules to this 8y-law shall only be used for single family
dwellings and uses accessory thereto. The placement of all buildings
shall be in accordance with the provisions of Section 9.2 with the
following exceptions:
a) Lot Area (minimum) 2.0 hectares
b) Lot Frontage (minimum) ~ 100 metres"
2. Schedule "18" to By-law 84-63,.as amended, is hereby further amended
by changing the zone designation from "Agri cultural (A)" to "Agricultural
Exception (A-L6)", as shown on the attached Schedule "X" hereto.
'~ 3. This By-law shall come into effect on the date of passing hereof,
subject to the provisions of Section 34 of the Planning Act.
by-LAW read a first time this 11th day of
ksY-LAw read a second time this 11th day of
tiY-LAW read a third time and finally passed this
May 1987,
May 1987
May 1987
11th day of
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This , is Schedule ~"X" to By-law ~~~87- 93 ,
passed this >>th day ~ ofi..~.Y ,198~~? A.D.
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BLOOR STREET
® ZONING CHANGE FROM ' A' TO'A-26'
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PURPOSE AND EFFECT
The Purpose and Effect of By-law 87-93, is to amend Zoning
By-law 84-63, as amended, of the Town of Newcastle by
changing the zone designation of the lands identified by
Sohedui~e '~J4"~ her.etd~~from 4Agr.ioultural~i(~N)~" to~i"Agri~cu~tural
Exoeption (A-26)."
The subject by-law would permit the creation of three (3),
five (5) acre residential lots.
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