HomeMy WebLinkAboutPD-197-91 THE CORPORATION OF THE TOWN OF NEWCASTLE
DN:AMEN-OPA.GPA REPORT
Meeting: General Purpose and Administration Committee File# A9_at-PJ
Date: Monday, September 9, 1991 Res. #
By-Law
Report#: PD-197-91 File#: Pln 1. 1 #
Subject: PROCEDURES FOR AMENDMENTS TO THE TOWN OF NEWCASTLE OFFICIAL PLAN
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-197-91 be received;
2 . THAT the by-law detailing the fee schedule for various types of
applications to the Department of Planning and Development,
attached hereto as Attachment No. 1, be APPROVED.
3 . THAT a copy of this report and Council's resolution be forwarded
to the Region of Durham Planning Department.
1. BACKGROUND
1. 1 On June 27, 1991, the Regional Municipality of Durham Act was
amended to, among other things, delete Sections 68 and 69 .
Staff Report PD-182-91 brought this matter to the attention
of the General Purpose and Administration Committee. As a
result of this amendment, the area municipalities in Durham
Region must now adopt all amendments to their local official
Plans . Previously, Regional Council adopted all amendments by
by-law and forwarded them to the Ministry of Municipal Affairs
for approval.
1.2 On July 31, 1991, and August 22, 1991, Town Staff met with
Staff from the Ministry of Municipal Affairs, the Region and
other area municipalities to review the implications of the
recent changes to the Durham Act. The major issues reviewed
were as follows :
public notice requirements for official plan amendments
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REPORT NO. : PD-197-91 PAGE 2
procedures for submission and circulation of applications
which require amendments to both the local plan and the
Regional Official Plan
action required in respect of applications to amend the
local Official Plan on which local Council has already
made a decision but Regional Council has not
1. 3 As a result of these meetings and Staff's further review, the
following matters are reviewed in this report:
Procedures for new applications to amend the Town of
Newcastle Official Plan
Current Applications with a Town recommendation but not
considered by Regional Council
Revisions to the schedule of Application Fees
2 . PROCEDURES FOR PROCESSING OFFICIAL PLAN AMENDMENT APPLICATIONS
2 . 1 Three types of Official Plan Amendment applications have been
identified. The procedures for each type of applications are
discussed in greater detail below.
2 .2 Type 'A' - Applications to Amend the Durham Regional Official
Plan only
2 .2 . 1 The procedures in respect of Type 'A' applications will remain
essentially unchanged from those that are currently in place.
The application will be received by the Region and circulated
to the area municipality for internal circulation. Council
will only need to provide a recommendation to the Region on
Type 'A' applications .
2 . 3 Type 'B' - Applications to Amend the Town of Newcastle
Official Plan only
2 . 3 . 1 Applicants will now be required to complete an application
form and submit it directly to the Town, along with an
application fee. The Planning Department will circulate the
application to all relevant internal and external agencies for
comment, including the Region of Durham. Council must hold a
REPORT NO. : PD-197-91 PAGE 3
Public Meeting to consider a proposed amendment to the
Official Plan, and is now required to pass a by-law to adopt
the amendment. This by-law, together with all necessary
supporting documentation, is to be forwarded to the Ministry
of Municipal Affairs within a specified time period.
2 . 3 .2 Staff are currently preparing an application form and
procedures in respect of submitting and processing
applications to amend the Town of Newcastle Official Plan. It
is expected that these procedures will be modified as Staff
gain experience in the processing of these applications .
2 .4 Type 'C' - Applications to Amend Both the Durham Regional
Official Plan and the Town of Newcastle Official Plan
2 .4 . 1 The procedures for this type of application have provoked the
most discussion among Regional and area municipal Staff and
have yet to be finalized. The Region's preference would be to
have joint applications submitted at their office, with the
Region undertaking a joint circulation of both amendment
applications . The Region would forward agency comments to the
area municipalities . The Region is also proposing that joint
applications be assigned common file numbers to be assigned
by the Region.
2 .4 . 2 In reviewing the Region's suggested approach, Staff note that
the authority to amend the Town's Official Plan is now vested
with the Town. In this respect, the Town should maintain
control over circulation and all other aspects related to
applications to amend the Town's Official Plan. This is
particularly important given the supporting documentation
which must be submitted in a timely fashion to the Ministry
of Municipal Affairs . As well, the nature of the amendment to
the Regional Plan could differ from the amendment to the local
plan. There could also be some difficulty in collecting the
Town's application fee if the application was to be submitted
to the Region rather than the Town.
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REPORT NO. : PD-197-91 PAGE 4
2 .4 . 3 The Region has suggested that the joint circulation of
official plan amendments would eliminate some duplication of
work. However, Staff anticipate that, in most cases, the Town
would be able to circulate the official plan amendment
application together with the related application to amend the
Zoning by-law.
2 .4 .4 The procedures for processing Type 'B' applications would also
apply to applications to amend the Town's Official Plan where
a Regional Plan amendment is required. Council would submit
a recommendation on the related amendment to the Regional
Official Plan in accordance with existing procedures.
However, it has not yet been determined whether the local plan
amendment would be approved before or after the related
amendment to the Regional Official Plan. Staff are discussing
this matter with the Region and the Ministry.
2 .5 Public Meetings
2 .5 . 1 It has been the Town's practice to provide public notice and
to hold public meetings in respect of applications to amend
the Town's Official Plan, although we have not been required
to do so by the Planning Act. In most cases, the public
meeting in respect of the Official Plan Amendment application
has been held in conjunction with the required public meeting
for the related rezoning application.
2 .5 .2 However, Section 34 of the Planning Act requires Council to
hold a public meeting to consider the zoning proposal as early
in the process as possible. On the other hand, Section 17(2)
requires Council to hold a public meeting to consider the
proposed official plan amendment. The Ministry of Municipal
Affairs has indicated that "the statutory public meeting (in
respect of an official plan amendment application should be
held) at a later point in the process in order to ensure that
those attending are presented with an accurate and staff
recommended version of a proposed amendment which reflects all
or the majority of revisions which may have occurred over the
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REPORT NO. : PD-197-91 PAGE 5
duration of the processing. To obtain public input into the
preparation of such an amendment, a non-statutory public
meeting is often held" .
2 .5 . 3 Given these differing requirements, Staff anticipate that, for
a given development application, it will be necessary to hold
separate public meetings for the rezoning application and the
official plan amendment application. As well, Staff are
currently discussing the matter of the public meetings with
legal counsel and will report back to Council.
3 . REVISIONS TO THE APPLICATION FEE SCHEDULE
3 . 1 Attachment No. 1 to this report is a by-law to adopt a new fee
schedule for applications received by the Planning Department.
This by-law would replace By-law 91-2 adopted by Council on
January 14, 1991. The fee schedule has been modified to add
a reference to an 'Official Plan Amendment Application' . The
current Regional fee of $2,000 .00 is recommended. Staff note
that revised procedures necessitate that the Notice of Public
Meeting be advertised in various newspapers (minimum of two)
resulting in a considerable expense.
3 .2 In addition, the various fees for rezoning applications have
been increased to more accurately reflect the true costs of
circulating applications, mailing and/or advertising Public
Notices .
4 . EXISTING APPLICATIONS &
4 . 1 There are a number of applications to amend the Town of
Newcastle Official Plan which have been recommended for
approval by Town Council, but which were not dealt with by
Regional Council prior to the enactment of the amendment to
the Regional Municipality of Durham Act. The applications on
which Council has recommended approval are as follows:
OPA 89-069/N United Counties Holdings: Extension of
Commercial Area (Bowmanville)
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REPORT NO. : PD-197-91 PAGE 6
OPA 90-045/N Carnovale: High Density Residential
(Bowmanville)
OPA 90-059/N Town of Newcastle: Orono Secondary Plan
OPA 90-089/N Town of Newcastle: Courtice West
Neighbourhood
OPA 90-103/N Town of Newcastle: Maple Grove Secondary
Plan
OPA 91-006/N Lloyd Stephenson: Commercial (Newcastle
Village)
The recent amendment to the Durham Act now necessitates the
Town to schedule official public meetings and confirm its
previous decisions by by-law.
Public meetings to deal with these applications will be
scheduled immediately but the earliest possible available date
for Council to dispose of these application will be 1992 due
to notice requirements and no further Council meetings
(working meeting) between October 15, 1991 and the first
working meeting of the new Council in 1992 . By-laws to adopt
the amendments will be forwarded for Council's consideration
at that time.
4 .2 Council has recommended to the Region that the following
applications be denied:
OPA 90-016/N Zygocki: Medium Density Residential
(Bowmanville)
OPA 90-025/D/N Vanstone Mill: Residential Component
(Bowmanville)
No further action is required for this second category of
existing application other than the Town Clerk will be
required to forward a letter to the Ministry of Municipal
Affairs advising of Council 's position on these applications.
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REPORT NO. ; PD-197-91 PAGE 7
5. SUMMARY
5 . 1 It should be noted that the recent changes to the Durham Act
was made with no apparent consultation with the Region and the
area municipalities . As noted in this report, there are major
implications to the Town of Newcastle. While the changes now
give the area municipality more planning approval power, there
appears to be little or no consideration given to the
operational adjustments that are required by the Town. Be it
as it may, the Town has no choice in the subject matter and
staff will continue to liaise with Ministry and Region
Planning Staff to ensure the smooth transition of the transfer
of this planning function to the Town.
Respectfully submitted, Recommended for presentation
to the Committee
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Franklin Wu, M.C. I .P. L wrent4in-istrative
Kotseff
Director of Planning Chief
and Development Officer
JAS*DC*FW*df
*Attach
30 August 1991
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Attachment No. 1
DN: FEES.BL
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 91-
being a By-law to prescribe a Fee Schedule for the processing of various applications made in
respect of planning and development matters.
WHEREAS Section 68, Subsection 1 of the Planning Act, 1983,provides that by-laws may be passed
by the Council of a Municipality to prescribe a tariff of fees for the processing of applications made
in respect of planning matters;
WHEREAS the Council of the Corporation of the Town of Newcastle deems it necessary to
prescribe a Fee Schedule to meet the anticipated cost to the Municipality in respect of the
processing of each type_of application provided for in the Schedule of Fees;
NOW THEREFORE, the Council of the Corporation of the Town of Newcastle, pursuant to Section
68, Subsection 1 of the Planning Act, 1983, enacts as follows:
1. The following Fee Schedule shall apply for the specified applications submitted in respect of
the following:
A. Official Plan Amendment Application $2000.00
B. Rezoning Application
a) to implement a Subdivision $1500.00
b) with site plan approval $1000.00
C) rezoning only $ 700.00
C. Site Plan Application
a) agreement required $600.00
b) plans approval only $ 300.00
c) amendment to agreement/plan $200.00
D. Neighbourhood Plan Amendment Application $ 600.00
E. Minor Variance Application $ 160.00
F. Subdivision Agreement Clearance Letter $ 30.00
G. Zoning Clearance Letter $ 30.00
H. Application to remove Part Lot Control $ 300.00
I. Miscellaneous Clearance Letters $ 30.00
(including outstanding work orders, building
compliance, property standards etc.)
J. Application involves review under E.P.A. and/or $10,000.00
E.A.A. process (additional fee)
2. For the purpose of Paragraph 1, all reference to plan of subdivision includes plan of
condominium.
3. All fees are non-refundable after seven (7) days of submission. At any time, if an
application is deemed not necessary by the Director of Planning and Development, the fee shall be
refunded to the applicant,
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4. By-law 91-2 is hereby repealed,
6. This By-law shall come into effect on the date of the passing hereof.
BY-LAW read a first time this day of 1991.
BY-LAW read a second time this day of 1991.
BY-LAW read a third time and finally passed this day of 1991.
MAYOR
CLERK
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