HomeMy WebLinkAboutPD-195-91 THE CORPORATION OF THE TOWN OF NEWCASTLE
DN: NOTREZAP.GPA
REPORT
c
Meeting: General Purpose and Administration Committee File #
Date: Monday, September 9, 1991 Res.
By-Law#
Report#: PD- 195-91 File #:
Subject:
NOTICES OF REZONING APPLICATION
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-195-91 be received;
2 . THAT the decision of Council and a copy of the report be forwarded
to Luba Samochin, R.R. #1, Bowmanville, LlC 3K4
1 . BACKGROUND
1. 1 Luba Samochin appeared as a delegation before Council on July 29,
1991, requesting review of the 4001 radius circulation
requirements .
1 .2 Council subsequently referred the matter to staff for a report.
2 . REGULATION MADE UNDER THE PLANNING ACT
2 . 1 Ontario Regulation 404/83 made under the Ontario Planning Act 1983
sets out in detail as to the manner under which notices of public
meeting of a rezoning application are to be served. In essence,
notices MAY be given as follows:
a) "by personal service a prepaid first class mail to every owner
of land in the area to which the proposed by-law would apply,
and within 120 metres (400 feet) of the area to which the
proposed by-law would apply, as shown on the last revised
assessment roll of the municipality and
11 E'YCL E R(& PA".
PAPER RECYCLE
RREI-rulaf—RICIELIEPAPEn
REPORT PD-195-91 PAGE 2
b) "by posting a notice of the meeting, clearly visible and
legible from a public highway . . . . " .
2 .2 In addition, the regulating also indicates that the municipality
may give notice by publication in local newspapers which have
sufficient general circulation.
3. CURRENT TOWN'S PRACTICE
3 . 1 For rezoning applications where a zoning change on the zoning
schedule (map) is required, Town staff is adhering to the
regulations noted in paragraph 2 . 1 of this report.
3 .2 For rezoning applications which affect changes in the text of the
by-law or where the entire neighbourhood or community is affected,
notice will be placed in local newspapers .
4. COMMENTS
4 . 1 It should be noted that the Regulations noted above are Provincial
regulations applying to all municipalities in Ontario.
4 .2 Although the Regulations are quite specific, there is no
prohibition against local municipalities which choose to serve
notice in local newspapers IN ADDITION to mail and sign notices .
However, such practice is not recommended for spot rezoning
applications due to cost implications . Such newspaper notices cost
the Town $800 . 00 per application. In 1990, the Town processed 84
rezoning applications for public meeting. Such practice would cost
the Town $67 ,200. 00.
4 .3 As far as the 120 metre radius is concerned, the Regulation does
not appear to provide any prohibition against the local
municipalities if they choose to increase the limit. While it
appears a simple change, it does have drawbacks . Firstly,- the
municipality must be consistent in its approach in setting the
limits of circulation of notice. This means apply the same
circulation limits to all applications regardless of the location
of the rezoning land. , --
REPORT PD-195-91 PAGE 3
If the land in question is located within an urban area, where most
rezoning applications are originated, the municipality can run into
tremendous costs of mailing of notices. The average cost of
mailing notices for a rezoning application in an urban area is
about $300. 00 - including postage, materials and staff time. Any
increase of the radius by 100 feet would approximately double the
cost. Another difficulty rests with the determination of the
limits. Is 500 feet, 600 feet or 800 feet sufficient? What would
be the rationale for the chosen limit?
4 .4 Staff is not in favour of changing our current practices in serving
notices of rezoning applications and is of the opinion that
compliance with Provincial Regulations would be the best policy.
4 .5 In the case of the Kennedy Youth Service application, it is a spot
rezoning application and notices were sent to property owners
within 400 feet in total compliance with Provincial Regulation.
Subsequent to the public meeting, there appears to be widespread
concerns from residents throughout a wider area of the Town. As
a result, staff will be placing newspaper notices in the future for
this application as extra notification. In addition, property
owners within 400 feet plus those persons who appeared as
delegations at the last public meeting will also be notified.
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C. I .P. Lawrence Kotseff
DIrector of Planning Chief A i istrative
and Development Officer
FW*ld
*Attach
29 August 1991