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Home My WebLink AboutPD-188-84 G K° Q CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1,10 TEL.(416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF DECEMBER 3rd, 1984 REPORT NO. : PD-188-84 SUBJECT: AMENDMENTS TO COMPREHENSIVE ZONING BY-LAW BY-LAW NO. 84-63 FILE: Pln 4.1 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-188-84 be received; and 2. That the proposed amendments to By-law 84-63, * included as Attachments No. 1 through 6 inclusive, be approved; and 3. That the Region and applicants be advised that, failing execution of appropriate agreements with the Region in respect of Plan of Subdivision 18T-82037 (Zakarow), the Port Darlington Marina condominium proposal and the Pollard apartment proposal , that the Town will undertake a By-law amendment to add the (H) Holding symbol to the subject lands. . ..2u 4' 0 REPORT NO. : PD-188-84 Page 2 BACKGROUND AND COMMENTS: At the Council meeting of October 22, 1984, Council considered Staff Report PD-179-84 in respect of proposed amendments to By-law 84-63, the Town 's Comprehensive Zoning By-law. Report PD-179-84 outlined various proposed amend- ments to the Town' s Zoning By-law and a number of appeals which had been filed with the Clerk prior to the last date of appeal . i As a result of Council 's consideration , Resolutions #C-686-84 through #C-689-84 inclusive where approved , authorizing Staff to proceed with Public Notices and to forward By-law 84-63 to the Ontario Municipal Board for hearing in respect of submitted appeals. * Pursuant to Council direction, the attached Public Notice was published on October 31 , 1984 outlining the proposed changes. Staff note that, in addition to the changes proposed by Staff Report PD-179-84, notice was also given with respect to two (2) additional corrections. The first to adjust the zone boundary of Part of Lot 28, Concession 3, and the second to recognize the existing use of Mosport Park. Following Council 's consideration of Report PD-179-84 and initial preparation of this report, Staff received two (2) further pieces of correspondence dated November 5, 1984 (received November 15, 1984) dated November 14, 1984 (received November 15, 1984) from the Regional Municipality of Durham, pertaining to previously submitted concerns (see attached). These letters note that Town Council did not consider amendments to the by-law in the following areas, namely: . ..3 a REPORT NO. : PD-188-84 Page 3 1 . Draft Plan of Subdivision 18T-82037 - Zakarow, the Port Darlington Marina proposal , the Pollard proposal , Section 12.3 (servicing provisions) , and Section 3.7d) (frontage on private roads). As Committee may recall , Staff acknowledged the Region 's concerns noted above, within Staff Report PD-179-84 indicating, that in Staff' s opinion, amendments would not reflect the Town' s position on these matters. In each case, the applicants are negotiating agreements with the Region. The zoning does, however, conform with the Official Plans in effect. Development cannot proceed in the absence of Regional Agreements, therefore, we feel that the requested amendments could add a further element of delay to these projects. If suitable agreements are not worked out by the time the appeals are heard, Staff would suggest that the Town undertake the requested amendment to add the (H) Holding symbol to the lands in question. It is noted within the Region' s letter dated November 14, 1984 that the Region 's reports dated October 15,16,2.2 and November 5, 1984 were provided to the Town as part of their responsibilities in monitoring the conformity of Zoning By-laws. Furthermore, the Region acknowledges that once Town Council has dealt with the proposed amendments to the By-law, Regional Staff intend to report to Regional Council on the outstanding issues , and at that time, Regional Council may withdraw any, or all of theses objections. 2. With respect to the correspondence dated November 5, 1984, Regional Staff is requesting that the following sentence be added to the end Section 5d) within their correspondence dated October 15, 1984. .. ..4 REPORT NO. : PD-188-84 Page 4 "We suggest that the entire area covered by the draft plan of subdivision be placed in appropriate holding zones". Section 5d) as revised, would read as follows : "West side of Liberty Street, north of Meadowvale Boulevard, Bowmanville. This area is covered by Draft Plan of Subdivision File: 18T-82037 which has been submitted to the Region. Since there may be changes made to the Plan of Subdivision prior to draft approval and arrangements have not been made for the provision of Regional services to the site, the delineation of the Rl , R2(H) , R4 and (H)C1 zones is premature. We suggest that the entire area covered by the draft plan of subdivision be placed in appropriate Holding zones ." The Region acknowledges that this addition is intended to clarify their position and indicate that the Region has no objection to Draft Plan of Subdivision 18T-82037 provided that satisfactory arrangements are made for the provision of Regional services. The Holding symbols may be removed following execution of a Servicing Agreement between the Owner and the Region. Staff would note for Committee's consideration that the public notices which Staff received authorization to proceed with for a public meeting to be held on December 3, 1984, in consideration of the amendments identified on Attachment No. 1 to Report PD-179-84, did not include the placement of a (H) Holding Symbol on the lands covered by the Draft Plan of Subdivision 18T-82037. Staff note that this clarification is consistent with the Regional Staff position in respect of this subdivision as previously expressed. In that regard, Town Staff are suggesting an amendment only if the applicant has not finalized an agreement with the Region by such time as the matter comes up for hearing. On November 21 , 1984, a further letter was received by Staff * (attached) . This letter confirms that, with the exception of the three referenced development proposals and a proposed .. .5 REPORT NO. : PD-188-84 Page 5 deletion in respect of Section 3.9, all of their concerns have been satisfied. With respect to the three proposals, Staff have already suggested a means of dealing with this concern. With respect to Section 3.9, Ministry of Housing Staff have indicated that the sentence in question should be deleted in favour of a policy statement in the Official Plan. For that reason, Staff are not recommending any change to the proposed amendment. In order to minimize possible delays should appeals be filed in respect of any of the proposed amendments, Staff have attempted to segregate, where possible, unrelated changes to the By-law through preparation of separate amendments. The proposed amendments to By-law 84-63 are included as Attachments 1 through 6 inclusive, and Staff respectfully recommend that they be forwarded to Council for approval . Res pec , i tted, T.T. Edwards, M.C.I.P. Director of Planning i TTE*jip *Attach. October 31 , 1984 CORPORATION OF THE TOWN OF NEWCASTLE PUBIC NOTICE TO ITS CITIZENS AMENDMENTS TO THE TOWN OF NEWCASTLE'S COMPREHENSIVE ZONING BY-LAW 84-63 Pursuant to Section 34(12) of the Planning Act and in accordance with Regulation 404/83, notice is hereby given of a Public Meeting to be held Monday, December 3rd, 1984 in respect of proposed amendments to By-law 84-63, the Town's Comprehensive Zoning By-law. The subject amendments are: 1 ) to correct technical errors including errors in cross references of section numbers, omissions, and references to provincial legislation. 2) to provide further clarification with respect to definitions of "Private Clubs" and "Total Floor Area". 3) to revise parking requirements in respect of "apartments" and "changes in use of buildings or lots". 4) to respond to appeals and submissions received prior to the October 15, 1984 expiry date for appeals to By-law 84-63. 5) to bring zone classifications into conformity with the applicable approved Official Plans and to reflect existing uses for the lands indicated on the following Schedules to By-law 84-63: Schedule 1 : Part Lots 1 - 4 inclusive, B.F.C. - change (H)M1 to A Part Lot 26, Concession 2 - change RC to A Part Lots 22 & 23, Concession 3 - change RC to A Part Lot 6, Concession 5 - change A-1 to Special Exception for Bethesda Cemetery i Part Lot 11 , Concession 5 - change A-18 to Commercial Special Exception Schedule 2: Part Lots 2 & 3, B.F.C. - change (H)A to Agricultural Special Exception Part Lot 24, Concession 8 - correct Commercial Exception numbering Part Lot 28, Concessions 3 & 4 - correct C4 zone boundaries Part Lots 33, 34 & 35, Concession 9 - add Agricultural Special Exemption to recognize Mosport Park Schedule 3: Part Lot 13, B.F.C. - change M3-1 to M3-2 i Part Lot 15, B.F.C. - change C5 to Ml Part Lot 8, Concession 1 - change M2 to Agriculture Special Exception for Bowmanville Cemetery Part Lot 12, Concession 1 - change R1-12 to C1-1 I I E Public Notice Page 2 Schedule 4: Part Lot 34, Concession 3 - change (H)R1 to R1 Schedule 5: Part Lot 25, Concession 1 - change A-11 to Commercial Special Exception Part Lots 31 & 32, Concession 1 and B.F.C. - change (H)Ml to A Schedule 7: Part Lot 17, Concession 5 - change (H)RH to A-1 Schedule 10: Part Lots 8,9 & 10, Concession 7 - change (H)RH to A-1 Schedule 18: Part Lot 19, Concession 2 - change (H)RH to A Copies of the proposed By-law amendments, explanations and details of properties affected may be obtained , during normal office hours, from the offices of the Planning and Development Department, Scugog Street , Hampton. Further information may also be obtained by calling the Planning and Development Department at 623-3379 EXT. 47 or 263-2231 . The Public Meeting required pursuant to Section 34(12) of the Planning Act will be held as follows : TIME: 9:30 a.m. PLACE: Courtroom #2 Bowmanville Courthouse 132 Church Street, Bowmanville DATE: Monday, December 3rd, 1984 i This meeting shall be open to the public and any person who attends shall be afforded an opportunity to make representation in respect of the proposed amendments. T.T. Edwards, M.C.I.P. Director of Planning Planning Department HAMPTON, Ontario Date of Publication