HomeMy WebLinkAboutPD-205-89DN: DONDEB
TOWN OF NEWCASTLE
REPORT File #6 C). 116
Res. #
By-Law #
MEETING: General Purpose and Administration Committee
DATE: Tuesday, September 5, 1989
REPORT #: PD 205-89 FILE #: 18CDM87-014, DEV 86-75
SUBJECT: ONTARIO MUNICIPAL BOARD HEARING
REFERRAL OF PROPOSED PLAN OF CONDOMINIUM
DON DEB CONSTRUCTION LIMITED
FORMER TOWN OF BOWMANVILLE
OUR FILE: 18CDM-87-0141 DEV 86-75
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report P D-205-89 be received for information.'
1. BACKGROUND:
1.1 At the General Purpose and Administration Committee Meeting of February 15,
1988, Committee approved the following recommendation:
"THAT Report PD-43-88 be lifted from the table and received;
AND THAT the recommendations contained therein be denied".
Council at their meeting of February 22, 1988, endorsed the above resolution.
1.2 Staff Report PD-43-88 was prepared at the request of Committee and Council in
consideration of the application submitted by Don Deb Construction Limited
requesting condominium approval.
PAGE 2
I~3 Staff previously submitted for consideration Staff Report PD-3-88,
recommending that the Region of Durham be advised that the Town of Newcastle
has no objections to the approval of Plan of Condominium 18C0M-87-0I4.
Committee and Council referred Report PD-3-88 back to Staff for review; and
requested that Don Deb Construction be asked to have a representative make o
presentation to explain their objectives in changing their proposal from
rental to condominium. Furthermore, that the Durham Region Planning
Department be requested to have a representative present to explain to the
Committee the situation respecting rental housing in Durham Region.
1.4 Regional Planning Committee and Council in considering the application for
Condominium approval, endorsed a recommendation at their April 20, 1988
meeting that the application be denied inasmuch as the proposal did not
conform to Regional policy regarding onoveznioo of rental housing to
condominium.
1.5 By correspondence dated September 29" 1988, Staff were advised that the
application has been referred to the Ontario Municipal Board for disposition
thereof.
2. STAFF COMMENTS:
2.1 it is Staff's understanding following discussions with Regional Planning
Staff that a hearing has been scheduled to start on September 18, 1989.
Furthermore, Regional Staff will be in attendance in consideration of
Regional Council's position.
2.2 It has been the position of the previous Planning Director as referenced in
Report PD-3-88 and PD-43-88, that an application for condominium approval
has always been a possibility and in fact, the site plan agreement contains
provisions requiring the 0nuec to pay cash-in-lieu of parkland dedication in
the event the project becomes condominium.
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REPORT 00,: pD_205_89 PAGE 3
3.3 The Director re-examined this issue and is of the opinion that the proposed
condominium application complies with the Provincial definition for
condominium conversion. The Provincial definition under the Rental Housing
Protection Act states: "if at the date of the condominium application not
more than boIf of the units in the property have ever been occupied as rental
units other than by persons who have in good faith, entered into an agreement
or option to purchase their units, then the rental property would be
exempt." The condominium application was received by Regional Planning Staff
November 27, 1987. The building permit was not issued until May 5, 1988.
2.4 It should be noted that the 1977 Region policies for conversion in part
states that "no conversions from rental in the Region be approved.
Secondly, that once a building permit has been issued for any apartment
project which were not subject to a prior Condominium Agreement the project
will be considered rental.
,
2.5 The Region conversion policies is contrary to the Provincial definition and
the Director is of the opinion that the Provincial definition will prevail in
such a conflict. This opinion is supported by the Town's legal counsel.
3. CONCLUSION:
3.1 Due to the interpretation and position taken by the Director, it is concluded
the evidence provided to the Ontario Municipal Board will be contrary to
Council decision on this matter and therefore, the Director should not be
present at the Board's Hearing.
3.2 The Director strongly suggests Council not to participate in this Hearing as
the issue is primarily a dispute between the owner and the Region with
respect to the Region's policies. Furthermore, we understand the Region will
have full representation before the Board to defend its case.
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REPORT 0D.: PD-2O5-89 PAGE 4
_______________________________________________________________________________
3.3 Should Council decide to yuzooe this matter, it is suggested an outside
Planning Consultant be retained.
Respectfully submitted,
Franklin Wu, M.C.Z.P.
Dlceoboc of Planning 6 Development
IDT*777bb
*Attach.
August 8' 1989
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Recommended for presentation
to the Committee
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THE CORPORATION OF THE TOWN OF NEWCASTLE ,
BY -LAW NUMBER 89-
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 in accordance with application DEV 87 -82 to permit the '
development of eighteen (18) industrial lots.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the.
Town of Newcastle enacts as follows:
1. Schedule "3" to By -law 84 -63, as amended, is hereby further amended
by changing the zone designation from "Holding - Light Industrial ((H).M1) ".'
and "Holding - General Industrial ((H) M2)" to "Light Industrial (Ml)" arid'.
"General Industrial (M2)" Zone as shown on the attached Schedule "A" hereto.
2. Schedule "A" attached hereto shall form part of this By -law.
3. This By -law shall come into effect on the date of passing hereof,
subject to the provisions of Section 35 of the Planning Act. '
BY -LAW read a first time this day of 1989
BY -LAW read a second time this day of 1989
BY -LAW read a third time and finally passed this day of
1989.
MAYOR • ':
CLERK • ' '