HomeMy WebLinkAboutPD-169-90 Addendum UNFINISHED BUSINESS
TOWN OF NEWCASTLE
°! t REPORT
Res. #
-- t_-�• By-Law #
MEETING: Council
DATE: Monday, May 14, 1990
REPORT #: ADDENDUM TO FILE #:
D-169-90
SUUCT: ST. MARYS CEMENT,
RECOMMENDATIONS:
It is respectfully recommended to Council the following:
1. THAT Addendum to Report PD-169-90 be received;
2 . THAT recommendations contained in Report PD-169-90 be
APPROVED; and
3 . THAT Paragraph 5 . 3(c) of Report PD-169-90 be amended as
follows:
"Within five (5) years from date of this agreement, St.
Marys shall construct and complete along the easterly
limit of the existing dock either an earthern berm or
barrier fence. The location, dimensions, type,
materials, and planting details in respect of both the
earthen berm and barrier fence to the satisfaction of the
Director of Planning and Development are to be provided
by St. Marys Cement within six (6) months of the date of
this agreement. The berm or barrier fence shall not be
less than five (5) metres in height. The performance
obligation of the berm or barrier fence and landscaping
works are to be secured by an irrevocable and
unconditional Letter of Credit in the amount of
$250,000 .00 which will contain provisions for annual
adjustment in accordance with the Southam Construction
Index and be in a form acceptable to the Treasurer of the
Town. "
. . . 2
ADDENDUM TO REPORT PD-169-90 PAGE 2
REPORT:
1 . At its meeting held on May 7, 1990, the General Purpose and
Administration referred Report PD-169-90 to Council for
consideration. In addition, Committee directed two matters
be reviewed and reported back. The two matters are:
a) Interim Control By-law; and
b) evaluation of St. Marys Cement proposed alternative of
building a barrier fence in lieu of a berm.
2 . On the issue of Interim Control By-law, Section 37( 1) of the
Planning Act states as follows:
"37( 1) Where the council of a local municipality has, by
by-law or resolution, directed that a review or
study be undertaken in respect of land use planning
policies in the municipality or in any defined area
or areas thereof, the council of the municipality
may pass a by-law (hereinafter referred to as an
Interim Control By-law) to be in effect for a period
of time specified in the by-law, which period shall
not exceed one year from the date of the passing
thereof, prohibiting the use of land, buildings, or
structures within the municipality or within the
defined area or areas thereof for, or except for,
such purposes as are set out in the by-law" .
3 . Subsequent to consultation with the Town's solicitor, Staff
is of the opinion that an Interim Control By-law on the St.
Marys Cement "dock" is not warranted at this time for the
following reasons:
a) Town Council has not by either a resolution or by-law,
directed a review or study be undertaken in respect of
land use planning policies on any portion of St. Marys
Cement lands . This is a prerequisite to the passing of
an Interim Control By-law.
. . .2
ADDENDUM TO REPORT PD-169-90 PAGE 3
b) Staff do not believe that a review or study of land use
policies respecting the existing St. Marys Cement lands
is needed at the present time. A review of the
appropriate land use policies that should be incorporated
in an amendment to the Official Plan as it will apply to
the existing dock and the Crown water lot is being
undertaken by Town and Regional Staff in order to
evaluate St. Marys Cement's applications for Official
Plan and Zoning By-law amendments . At the present time,
since the acquisition of the Crown water lot by St. Marys
Cement has not been completed and title remains vested
in the Crown, an Interim Control By-law to prevent the
construction of buildings or structures on this lot
pending completion of Town and Regional review of the
Official Plan and Zoning By-law Amendment applications
is not needed at this time.
4. On the issue of providing barrier fencing in lieu of an earth
berm, Staff have no difficulty in accepting such alternative
provided that the location, height, type, material, colour of
the fence, and landscaping details are provided to the
satisfaction of the Director of Planning and Development.
5 . In order to provide flexibility to St. Marys Cement, Staff
suggest that St. Marys Cement be required to construct and
complete either a berm or a barrier fence within five (5)
years from the date of the agreement.
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C. I.P. , , Lawrence E. Kotseff
Director of Planning Chief Administrative
and Development Officer
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