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HomeMy WebLinkAboutPD-228-90 REP ORT # b TOWN OF NEWCASTLE € '� t EEWAY.COU REPORT File # /9,///. Res. # By-Law # MEETING: Council DATE: June 25, 19 9 0 REPORT #: PD-228-90 FILE #: � �: IDENTIFICATION AND PROTECTION OF NORTH/SOUTH FREEWAY CONNECTION IN NEWCASTLE FILE: PLN 23.5.2, PLN 8.6.3 RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report PD-228-90 be received; 2 . THAT the By-law attached hereto be approved; 3 . THAT notice of the By-law _for 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 Report PD-228-90 be forwarded to the Commissioner of Planning, Region of Durham, the Director of Plans Administration Branch of the Ministry of Municipal Affairs, and the Regional Director for Central Region of the Ministry of Transportation. 1. BACKGROUND 1. 1 On July 3, 1989, the General Purpose and Administration Committee received Report PD-171-89 . The Report noted that the Ministry of Transportation had examined the need for additional north/sough connections between Highway 401 and the proposed Highway 407 , The Ministry recommended a north-south freeway connection in the vicinity of Regional Road 34 (Courtice Road) . REPORT NO. : PD-228-90 PAGE 2 1.2 Regional Staff, in consultation with Town Staff, identified three alternatives which may accommodate the appropriate road system through this corridor. The alternatives are hereto attached. 1. 3 In order to preserve alternative 2 as a viable option, and ensure that development activity did not jeopardize or adversely impact the impending 'Route Alignment Study' by the Ministry of Transportation, the Council of the Town of Newcastle passed interim control By-law 89-124 . This By-law prohibits development in the area north of Highway 401 and east of Regional Road 34 and remains in effect until July 10, 1990 . 1.4 As Interim Control By-law 89-124 is about to expire,the Region of Durham Planning Department has advised the Town of Newcastle that since the previously identified alignment options still appear viable, it would be prudent if the Town would extend By-law 89-124 for another year. 1.5 The Ministry of Transportation has recently prepared the draft terms of reference for an appropriate route alignment study, which is expected to commence shortly. A preliminary meeting with municipal staff on the terms of reference for such a study was held on Friday, June 22, 1990 . 2. CONCLUSION 2 . 1 The development of a north-south connector freeway is considered vital to the overall functionality of the transportation system and to the Town's future. In particular, this will be important to the Town's economic development prospects . It considerably enhances the future REPORT NO. : PD-228-90 PAGE 3 It considerably enhances the future of the Courtice Industrial Park. All efforts should be made to ensure that the route selection process is not hampered by any further constraints than those existing presently. 2 .2 Section 37 of the Planning Act empowers a municipality to pass an Interim Control By-law for a period not exceeding one ( 1) 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 a second year is permissible. The attached By-law will extend Interim Control By-law 89-124 for an additional year. 2 . 3 Public meetings and prior notices 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 set to all property owners affected and those property owners within 120 metres of 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 Franklin Wu, M.C.I.P. Lawrence E. Kotseff Director of Planning ( Chief Administrative and Development ` r Officer JB*DC*FW*df *Attach 20 June 1990 REPORT NO. : PD-228-90 PAGE 4 Interested parties to be notified of Council and Committee's decision: Mr. D.P. Garner Ministry of Transportation 3rd Floor 5000 Yonge Street Toronto, Ontario. M2N 6E9 H. Dalkie Manager, Transportation Planning Region of Durham Planning Department f o 9041NAl iN I Rao HAMPTON r J MI ELL C TA TON R��o ALTERNATIVE 1 t 1 7 *Y <• MA 1, ROAD1 *f ^ W r? at o o G. H0. LEGEND Freeway to Freeway Connection cNR (On New Alignment) LAKE ONTARIO -� Connection to Hwy 407 i � w SOI IN IN ROAD HAMPTON . I ALTERNATIVE 2 CDRNERS TAVN ROAD I i x NA RoAo C j REG. R0. , 1 �- J I 1 = CPR i a LEGEND d Freeway to Freeway Connection cNR (On New Alignment) LAKE ONTARIO Connection to Hwy 407 o • t INAI CO N ROAD 4� HA MITCHELL NERS TAUNTON Ro - _ ALTERNATIVE 3 � 1 0 "A314 ROAOi ° z v W PEG. 90. J i LPR � � 1 LEGEND � a °« Freeway to Freeway Connection cNR (On New Alignment) LAKE ON TAR/0 -�- Connection to Hwy 407 I i DN:FREEWAY.BYL 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 25th day of June 1990, 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 24th day of August 1990, 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 By-law 89-124 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. The Purpose and Effect of this By-law is to extend the period during which By-law 89-124 will be in effect. The Purpose and Effect of By-law 89-124 is to prohibit the use of land, building or structures within the affected area generally described as being lands immediately east of Regional Road 34 (Courtice Road), north and south of Baseline Road, shown as such on the schedule attached to this By-law for any purpose other than one for which it was lawfully used on July 10, 1989. The Route Selection Study for the north/south freeway connection between Highways 401 and 407 in the vicinity of Regional Road 34 will be initiated shortly by the Ministry of Transportation in co-operation with the Region of Durham and the Town of Newcastle. One of the study alternatives includes an interchange with Highway 401 in the immediate vicinity of Regional Road 34. THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 90- being a By-law of the Corporation of the Town of Newcastle to amend By-law 89-124 WHEREAS the Council of the Corporation of the Town of Newcastle deems it necessary to extend the effective period of By-law 89- 124, being an Interim Control By-law for the Area generally bounded by Highway 401, Regional Road 34, C.P.R. and the line between east and west halves of Lot 28, Concession 1, Darlington; NOW THEREFORE BE IT RESOLVED the Council of the Corporation of the Town of Newcastle enacts as follows: 1. THAT By-law 89-124 be amended by deleting the date 'July 10, 1990 ' from Paragraph 3, Line 2 and inserting thereto the date 'July 10, 19911 . 2 . This By-law shall come into effect on the date of passing hereof. BY-LAW read a first time this 25th day of June 1990 . BY-LAW read a second time this 25th day of June 1990 . BY-LAW read a third time and finally passed this day of June 1990 . MAYOR CLERK DN:FREEWAY.BYL PLANNING ACT, 1983 NO`T'ICE OF THE PASSING OF AN INTERIM CONTROL BY-LAW BY THE CORPORATION OF THE TOWN OF NEWCASTLE TARE NOTICE that the Council of the Corporation of the Town of Newcastle passed By-law No. on the 25th day of June 1990, 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 24th day of August 1990, 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 By-law 89-124 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. The Purpose and Effect of this By-law is to extend the period during which By-law 89-124 will be in effect. The Purpose and Effect of By-law 89-124 is to prohibit the use of land, building or structures within the affected area generally described as being lands immediately east of Regional Road 34 (Courtice Road), north and south of Baseline Road, shown as such on the schedule attached to this By-law for any purpose other than one for which it was lawfully used on July 10, 1989. The Route Selection Study for the north/south freeway connection between Highways 401 and 407 in the vicinity of Regional Road 34 will be initiated shortly by the Ministry of Transportation in co-operation with the Region of Durham and the Town of Newcastle. One of the study alternatives includes an interchange with Highway 401 in the immediate vicinity of Regional Road 34.