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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