HomeMy WebLinkAboutPD-11-89 DN: 11. 5(k)
TOWN OF NEWCASTLE
REPORT File #
Res. # -a�
__ By-Law #
MEETING: General Purpose and Administration Committee
DATE: Monday, January 9, 1989
REPORT #: PD-11-89 FILE #: PLN 8.6 & PLN 12.4
SUB.JECT: INTERIM CONTROL BY-LAW
COURTICE WEST - HIGHWAY #2 CORRIDOR STUDY AREA
FILES: PLN 8.6 AND PLN 12.4
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-11-89 be received; and
2. THAT the Interim Control By-law attached hereto be approved; and
3. THAT notice of the By-law be forwarded to affected property owners and
owners of properties within 120 metres of the area to which the by-law
applies pursuant to Ontario Regulation 405/83 made under the Planning Act;
and
4. THAT a copy of the by-law be forwarded to the Commissioner of Planning,
Region of Durham and to the Director of Plans Administration Branch of the
Ministry of Municipal Affairs.
1. BACKGROUND
1.1 As Council is aware, the Courtice West Highway No. 2 Corridor Study was
initiated by Council, initially to examine issues of streetscape design.
Subsequently, the Director of Planning and Development reported to Council
noting that streetscape design was insufficient to address the growth
problems being evidenced in this area. As a result, a more comprehensive
study was initiated to address a broader range of issues.
. . .2
REPORT 00.: PAGE 2
_______________________________________________________________________________
1.2 It is becoming increasingly apparent that landowners in the area are
proceeding with property development decisions which impact on the
purpose and intent of the Study. It had been hoped that landowners
would co-operate with the process now underway. As Council is aware,
the owners of the property komvu as the Tovmnlioe Centre proposal, are
now requesting that their applications be referred to the Ontario
Municipal Board. Other Dznpooeuto are requesting Staff to process
their applications prior to the completion of the Study. Other lands
are having buildings demolished or relocated in preparation for
development.
1.3 Staff has taken the view that these applications are premature at the
present time since the Study is in process. This position is most
effectiveII, enforced through the enactment of an Interim Control
By-law by {bouoiI.
2. INTERIM CONTROL BY-LAW
2.1 Section 37 of the 9Iauuiog Act empowers a municipality to pass an
Interim Control By-law for a period not exceeding one (I) year to
allow the municipality to freeze development until it has the
opportunity to undertake a Study to arrive at proper planning
policies. Extension for o second year is pecmiaoabIe.
2.2 This Interim Control By-law would ouDeroeed the existing zoning by-law
for the duration of this period.
2.3 The Interim Control By-law attached to this Report sets out clearly
that there abaII be no development or redevelopment including building
renovation, addition, conversion and enlargement within the area
covered by this By-law. Exceptions are made for landowners with
approved site plan agreements for projects currently under
development. A further exception is made for the demolition or
relocation of existing residential dvmeIIiuga and associated
structures.
REPORT 0O. : pD-]]-89 PAGE 3
_______________________________________________________________________________
2.4 The By-law defines the area affected as the lands designed for Special
Purpose Commercial use in the Official Plan. It was not considered
ueoeoaocy to apply the By-law to all lands within the Study Area an as
to not cause undue hardship to homeowners and other development
DroD000Io in the area.
2.5 Public meetings and prior notice are not required under the Planning
Act for the purpose of an Interim Control By-law. Regulations made
under the Planning Act do' however, require that notice of the by-law
be sent to all property owners affected and those property owners
within 120 metres of the lands identified in the Interim Control
By-law, The affected parties have 60 days to appeal such Interim
Control By-law to the Ontario Municipal Board.
Respectfully submitted, Recommended for presentation
to the Committee
'
oChief ---------------
Fcanklin Wo, M.C.Z.P. toeff
Direotoc of Planuiug 6 Developmeot &d in' trative Officer
DJC*FW+jip
*Attach.
December 20, 1988
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 89-
being an Interim Control By-law passed pursuant to Section 37 of the
Planning Act, 1983.
WHEREAS the Council of the Corporation of the Town of Newcastle, at its
meeting held on March 28, 1988, directed a Study be undertaken for the
Streetscape Design of Highway No. 2, east from Townline Road to
Centrefield Drive; and
WHEREAS an Official Plan Amendment has been submitted by Townline Centre
Inc. and Steven Komazec (File: 87-081/N) to request a "Local Central
Area" designation for certain lands along Highway No. 2, east of Townline
Road; and
WHEREAS Council has deemed that a more comprehensive study of the entire
area is necessary and at its meeting on September 13, 1988 authorized
Staff to make application to the Ministry of Municipal Affairs for a
Community Planning Grant for the purposes of funding the Study; and
WHEREAS the Council of the Corporation of the Town of Newcastle deems it
necessary to prohibit any further development and building activities in
the said area;
NOW THEREFORE the Council of the Corporation of the Town of Newcastle
enacts as follows:
1. Notwithstanding the provisions of Comprehensive Zoning By-law
84-63, the area identified as "Land Affected by By-law" as per the
attached Schedule "X" shall be subject to the provisions of this Interim
Control By-law. No person shall within the "Land Affected by By-law" use
any land, building or structure for any purpose other than for a purpose
for which the land, building or structure was lawfully used on January 16,
1989.
2. Notwithstanding Section 1 of this By-law, the following building
activities are permitted:
i) demolition or relocation of residential dwellings and
associated structures; and
ii) construction of all works in accordance with site plans
approved by the Town of Newcastle as of the date of the passing
of this by-law.
3. Schedule "X" attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of passing hereof,
and shall remain in effect until January 16, 1990.
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
PLANNING ACT, 1983
NOTICE OF THE PASSING OF AN INTERIM CONTROL BY-LAW
BY THE CORPORATION OF THE TOWN OF NEWCASTLE
TAKE NOTICE that the Council of the Corporation of the Town of Newcastle
passed By-law No. on the 16th day of January, 1989, under Section 37
of the Planning Act, 1983.
AND TAKE NOTICE that pursuant to Section 37(4) of the Planning Act, 1983, any
person or agency may appeal to the Ontario Municipal Board in respect of the
by-law by filing with the Clerk of the Corporation of the Town of Newcastle
not later than the 17th day of March, 1989, a Notice of Appeal setting out
the objection to the by-law and the reasons in support of the objection.
AND TAKE NOTICE that pursuant to Section 37(2) of the Planning Act, 1983, the
Council of the Corporation of the Town of Newcastle has the authority to
extend the period during which the by-law will be in effect to a total period
not exceeding two (2) years.
EXPLANATION AS TO PURPOSE AND EFFECT OF
INTERIM CONTROL BY-LAW NO. 89-
The Purpose and Effect of this By-law is to prohibit the use of land, building
or structures within the affected area generally described as being lands
along the Highway #2 Corridor, east of Townline Road and west of the Farewell
Creek, shown as such on the schedule attached to this By-law for any purpose
other than one for which it was lawfully used on January 16, 1989. Two
exceptions are permitted. The first is the demolition or relocation of any
residential dwellings and associated structures in the affected area. The
other exception is for properties with approved site plan agreements between
the Corporation of the Town of Newcastle and the respective landowners.
Council has directed, by resolution, a Study be undertaken in respect of land
use planning policies for the affected area.
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DN: pass
PLANNING ACT, 1983
NOTICE OF THE PASSING OF AN INTERIM CONTROL BY-LAW
BY THE CORPORATION OF THE TOWN OF NEWCASTLE
TAKE NOTICE that the Council of the Corporation of the Town of Newcastle
passed By-law No. on the 16th day of January, 1989, under Section 37
of the Planning Act, 1983.
AND TAKE NOTICE that pursuant to Section 37(4) of the Planning Act, 1983, any
person or agency may appeal to the Ontario Municipal Board in respect of the
by-law by filing with the Clerk of the Corporation of the Town of Newcastle
not later than the 17th day of March, 1989, a Notice of Appeal setting out
the objection to the by-law and the reasons in support of the objection.
AND TAKE NOTICE that pursuant to Section 37(2) of the Planning Act, 1983, the
Council of the Corporation of the Town of Newcastle has the authority to
extend the period during which the by-law will be in effect to a total period
not exceeding two (2) years.
EXPLANATION AS TO PURPOSE AND EFFECT OF
INTERIM CONTROL BY-LAW NO. 89-
The Purpose and Effect of this By-law is to prohibit the use of land, building
or structures within the affected area generally described as being lands
along the Highway ##2 Corridor, east of Townline Road and west of the Farewell
Creek, shown as such on the schedule attached to this By-law for any purpose
other than one for which it was lawfully used on January 16, 1989. Two
exceptions are permitted. The first is the demolition or relocation of any
residential dwellings and associated structures in the affected area. The
other exception is for properties with approved site plan agreements between
the Corporation of the Town of Newcastle and the respective landowners.
Council has directed, by resolution, a Study be undertaken in respect of land
use planning policies for the affected area.
DN: int/c
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 89-
being an Interim Control By-law passed pursuant to Section 37 of the
Planning Act, 1983.
WHEREAS the Council of the Corporation of the Town of Newcastle, at its
meeting held on March 28, 1988, directed a Study be undertaken for the
Streetscape Design of Highway No. 2, east from Townline Road to
Centrefield Drive; and
WHEREAS an Official Plan Amendment has been submitted by Townline Centre
Inc. and Steven Komazec (File: 87-081/N) to request a "Local Central
Area" designation for certain lands along Highway No. 2, east of Townline
Road; and
WHEREAS Council has deemed that a more comprehensive study of the entire
area is necessary and at its meeting on September 13, 1988 authorized
Staff to make application to the Ministry of Municipal Affairs for a
Community Planning Grant for the purposes of funding the Study; and
WHEREAS the Council of the Corporation of the Town of Newcastle deems it
necessary to prohibit any further development and building activities in
the said area;
NOW THEREFORE the Council of the Corporation of the Town of Newcastle
enacts as follows:
1. Notwithstanding the provisions of Comprehensive Zoning By-law
84-63, the area identified as "Land Affected by By-law" as per the
attached Schedule "X" shall be subject to the provisions of this Interim
Control By-law. No person shall within the "Land Affected by By-law" use
any land, building or structure for any purpose other than for a purpose
for which the land, building or structure was lawfully used on January 16,
1989.
2. Notwithstanding Section 1 of this By-law, the following building
activities are permitted:
i) demolition or relocation of residential dwellings and
associated structures; and
ii) construction of all works in accordance with site plans
approved by the Town of Newcastle as of the date of the passing
of this by-law.
3. Schedule "X" attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of passing hereof,
and shall remain in effect until January 16, 1990.
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