Loading...
HomeMy WebLinkAboutPD-15-92 THE CORPORATION OF THE TOWN OF NEWCASTLE DN:APP-OP.GPA REPORT Meeting: General Purpose and Administration Committee File# —fic Date: Monday, January 6, 1992 Res. # By-Law Report#: P11%-4-&-ao_2 File #: OPA 92-N/002 Subject: PROCEDURES RELATED TO THE APPROVAL OF AMENDMENTS TO THE OFFICIAL PLAN OF THE TOWN OF NEWCASTLE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-15-92 be received; and 2 . THAT the by-law attached hereto as Attachment No. 1, being a by- law to provide for the General Purpose and Administration Committee or any subsequent standing Committee of Council, to conduct public meetings and hearings as required by the Planning Act, 1983 in the place and stead of Council, be APPROVED. 1. As a result of a recent amendment to the Regional Municipality of Durham Act, the area municipalities in Durham Region must now adopt all amendments to their local Official Plans. Previously, Regional Council adopted all amendments by by-law and forwarded them to the Ministry of Municipal Affairs. 2 . Certain procedures must be put in place to enable the Town to effectively deal with applications to amend the Town's Official Plan, specifically the forum for the holding of the Public Meeting to consider a proposed amendment to the Official Plan. 3 . Section 17 (3) of the Planning Act, 1983 , specifies that Council hold the Public Meeting to consider a proposed amendment to an Official Plan. It has been the Town's practice pursuant to By- law 81-143 , to have the General Purpose and Administration Committee hold any statutory Public Meetings required under the REPORT PD-15-92-90 PAGE 2 Planning Act. However, the authority for Committee to hold the statutory public meeting in respect of amendments to the Town's Official Plan has not yet been delegated to Committee. 4. Guidelines provided by the Ministry of Municipal Affairs indicate that Council may pass a by-law pursuant to Section 106 of the Municipal Act to delegate the authority to hold a hearing to a Committee of Council. Staff has prepared a by-law (Attachment No. 1) which would have the effect of delegating the authority for the holding of public meetings or hearings related to all matters under the Planning Act, 1983 . This by-law would clarify the authority related to planning matters already vested in the General Purpose and Administration Committee by By-law 81-143 . Upon Council adoption of this by-law, all hearings required to be held by Council may be held instead by Committee. The adoption of this by- law however, would not prevent Council from holding hearings if so desired. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I.P. L renc Kotseff Director of Planning Chief A A nistrative and Development Officer JAS*DC*FW*df 18 December 1991 Attachments No. 1 Proposed By-law ) � 73 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 92- being a by-law to provide for the General Purpose and Administration Committee to conduct hearings in the place and stead of council. WHEREAS the Planning Act 1983 requires the Council of a municipality to hold public meetings or hearings at which interested parties may make representation in respect of zoning by-laws, official plans, community improvement plans, and amendments thereto, before the necessary by-law is passed by Council. AND WHEREAS Section 106 of the Municipal Act, R.S.O. , 1980 as amended, permits the Council of a municipality to pass a by-law providing for a committee of the Council to hear such parties or afford them an opportunity to be heard in the place and stead of Council. AND WHEREAS Council has adopted By-law 81-143 that establishes the Terms of Reference of the General Purpose and Administration Committee and empowers it to consider all planning matters related to official plans, zoning, and special studies. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Where, the Council of the Corporation of the Town of Newcastle (hereinafter called the "Council") is required by the Planning Act, 1983 to hold a public meeting or a hearing before enacting or adopting a zoning by-law, official plan, community improvement plan, or amendments thereto, the General Purpose and Administration Committee (hereinafter called the "Committee") may, in addition to other duties assigned by the Council, hear such parties or persons or afford them an opportunity to make representation in the place and stead of Council. 2. Upon the conclusion of the public meeting or the hearing conducted by the Committee under this by-law, the Committee shall, as soon as practicable, make a written report to Council summarizing the evidence and arguments presented by the parties, the findings of fact made by the Committee and the recommendations, if any, of the Committee, with reasons therefore, on the merits of the application in respect of which the public meeting or the hearing has been conducted. 3. After considering the report of the Committee, Council may thereupon in respect of such application, pass any by-law that it might have passed had it conducted * the public meeting or the hearing itself. 74 PAGE 2 BY-LAW read a first time this day of , 1992. BY-LAW read a second time this day of , 1992. BY-LAW read a third time and finally passed this day of 1991. MAYOR CLERK fi �} r-