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HomeMy WebLinkAbout74-231:?J 0 MUNICIPAL PLANNING CONSULTANTS CO. LTD. April 17, 1974 400 Mount Pleasant Road, Toronto, Ontario. PN: 4440 THE TOWN OF NEWCASTLE Consultants' Report No. 2 RESTRICTED AREA BY -LAW NUMBER 73 -15 OF THE FORMER CORPORATION OF THE VILLAGE OF NEWCASTLE 1. TERMS OF REFERENCE We were requested by Mr. Howden to examine Restricted Area By -law Number 73 -15 for the former Corporation of the Village of Newcastle as to its suitability for adoption. 2. OBJECTIONS Approximately 30 objections were registered against By -law No. 73 -15, subsequent to its circulation to all ratepayers. Of these objections, over half of them involved request for pre - zoning or a lack of understanding of the By -law. Explanations of the objections have been provided. Seven of the objections contained valid requests for amend- ments to By -law No. 73 -15. Drafts of the By -laws required to amend By -law No. 73 -15 have been prepared and twenty -five (25) copies are herewith enclosed. Five objections involve lots that were approved by Council but may or may not have been registered in the Registry or Land Titles Office (Section 9:12). Amendments could be in order once further information is available. It is recommended that a meeting be held with the objectors, at which time the reasons for Council either supporting or rejecting their objections will be given, and the objectors requested to with- draw his /her objection. (1) Once By -law No. 73 -15 and its amendments have been passed and the meeting held, the By-law should be submitted to the Ontario Municipal Board for approval. JWM /bc Encl. Respectfully submitted, MUNICIPAL PLANNING CONSULTANTS CO. LTD. (Ms.) Jean W. Monteith, B.E.S. (2) AN EXPLANATORY NOTE TO BY -LAW NUMBER E. Carveth, 268 Yonge Blvd., Toronto, Ontario. M. G. Wallace 105 Park Drive, Toronto, Ontario. MAW 2N8 H. G. Walton -Ball, 327 Rose Park Drive, Toronto 7, Ontario. E. M. Connery, 26 Underhill Drive, Suite 215, Don Mills 400, Ontario. Following the circulation of By-law No. 73 -15 to all ratepayers and interested parties, written objections were submitted by the per- sons listed above, objecting to By -law No. 73 -15, all on similar grounds. The objections are related to the fact that the RR Zone in the Bond Head area is of insufficient depth to allow for infilling despite the fact that these persons may own sufficient land with suf- ficient frontage. It is recommended that Plate A of By -law No. 73 -15 be amended to create properly sized RR Zones, wherever possible, throughout the Village. This amendment would affect Mill Street, Clarke Street, and the south side of Highway No. 2. Draft April 17, 1974. THE CORPORATION OF THE TOWN OF NEWCASTLE BY -LAW NUMBER A By -law to amend By -law Number 73 -15 WHEREAS the Council of the Corporation of the Town of Newcastle has received a request to amend By -law Number 73 -15, to change the depth of the Rural Residential Zone (RR) to permit infilling. AND WHEREAS the Council of the Corporation of the Town of Newcastle has given consideration to the request, which is in con- formity with the intent of the Official Plan, now deems it advisable to amend By -law Number 73 -15. NOW THEREFORE the Council of the Corporation of the Town of Newcastle ENACTS as follows: 1. Plate 'A' to By -law Number 73-15 is amended by changing to RR the zone symbol of the lands designated "ZONE CHANGE TO RR" on the attached Schedule 'A' hereto. 2. This By -law shall become effective on the date hereof sub- ject to receiving the approval of the Ontario Municipal Board. THIS BY -LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED ON THE DAY OF , A.D., 197 . (SEAL) Mayor Clerk 28 II L of 28 CON I l Lake Ontario 26 THIS IS SCHEDULE "A" TO BY - LAW NO PASSED THE DAY OF 1197 SCHEDULE "A" TO BY- LAW N®. TOWN OF NEWCASTLE Lot 26 CON II ING STREET HIGHWAY NO 2 f!17;1!!!lW I CON' I ZONE CHANGE TO RR SCALE IN FEET MAYOR 800 0 800 1600 DWG NO 4440 -1 CLERK MUNICIPAL PLANNING CONSULTANTS CO, LTD AN EXPLANATORY NOTE TO BY -LAW NUMBER Seldon Parker, Tampa Farms Ltd., via E. R. Lovekin, Attorney, Box 9, Newcastle, Ontario. Following the circulation of By -law No. 7315, the person listed above has objected to the Bylaw as the property in question was not properly zoned. The C2 Zone, on the south side of Highway No. 2, in lot 29, was intended for the Parker Tampa Farms. However, the Land Use Map did not show the farm equipment dealership in its proper location and thus the error in zoning. The Council of the Corporation of the Town of Newcastle has given the written objection serious consideration and deems it advisable that the By --law be amended to delete the C2 Zone in question in lot 29 and relocate it in its proper location in lot 30. Draft April 17, 1974 THE CORPORATION OF THE TOWN OF NEWCASTLE BY -LAW NUMBER A By -law to amend By -law Number 73 -15 WHEREAS the Council of the Corporation of the Town of Newcastle has received a notice of objection, subsequent to the circulation of By -law No. 73 -15, insofar as to change the zoning of the subject lands from RU to C2 due to an error in the location of the C2 Zone. AND WHEREAS the Council of the Corporation of the Town of Newcastle has given the objection serious consideration, now deems it advisable to amend By -law No. 73-15. NOW THEREFORC the Council of the Corporation of the Town of Newcastle ENACTS as follows: 1. Plate 'A' to By --law Number 73 -15 is amended by changing to C2 the zone symbol of the lands designated "ZONE CHANGE TO C2" on the attached Schedule 'A' hereto. 2. Plate 'A' to By -law Number 73 -15 is amended by changing to RU the zone symbol of the lands designated "ZONE CHANGE TO RU" on the attached Schedule 'A' hereto. 3. This By -law shall become effective on the date hereof sub- ject to receiving the approval of the Ontario Municipal Board. THIS BY --LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED ON THE DAY OF , A.D., 197 . (SEAL) Mayor Clerk DWG NO 4440 -2 Lot 30 Concession KING STREET SCHEDULE A TO BY- LAW NO. TOWN OF NEWCASTLE Lot 29 II HIGHWAY NO 2 Concession ZONE CHANGE TO - ZONE CHANGE TO THIS IS SCHEDULE "A" TO BY- LAW NO PASSED THE DAY OF 1197 I SCALE IN FEET MAYOR 200 0 200 400 CLERK MUNICIPAL PLANNING CONSULTANTS CO, LTD AN EXPLANATORY NOTE TO BY -LAW NUMBER Mr. M. R. Walton, Newcastle, Ontario. Following the circulation of By-law No. 73 -15, the person listed above has objected to By -law No. 73-15 in regard to the zoning of lots 5 and 7 and the unnumbered lot on Mill Street West Side, north of the Town Hall. As the existing use of lot 7 is a (duplex) two family residen- tial dwelling, but has been zoned R1, it is suggested that the By -law be amended to change lot 7 from Rl to R2. Draft April 17, 197+ THE CORPORATION OF THE TOWN OF NEWCASTLE BY -LA14 NUMBER A By -law to amend By -law Number 73 -15 WHEREAS the Council of the Corporation of the Town of Newcastle has received a notice of objection, subsequent to the circulation of By -law No. 73 -15, insofar as to change the zoning of lot 7 on Mill Street from Rl to R2. AND WHEREAS the Council of the Corporation of the Town of Newcastle has given the written objection serious consideration, now deems it advisable to amend By -law Number 73 -15. NOW THEREFORE the Council of the Corporation of the Torn of Newcastle ENACTS as follows: 1. Plate 'A' to By -law Number 73 -15 is amended by changing to R2 the zone symbol of the lands designated "ZONE CHANGE TO R2" on the attached Schedule 'A' hereto. 2. This By-law shall become effective on the date hereof sub- ject to receiving the approval of the Ontario Municipal Board. THIS BY -LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED ON THE DAY OF , A.D., 197 . (SEAL) Mayor Clerk OWG NO 4440 -3 w w H z f-- Icr- 0 z SCHEDULE "All TO BY- LAW NO. TOWN OF NEWCASTLE WILMOT STREET L o t 28 CON II KING STREET HIGHWAY F- i ZONE CHANGE TO R2 THIS IS SCHEDULE "A" TO BY- LAW NO PASSED THE DAY OF ,197 MAYOR CLERK NO 2 SCALE IN FEET 200 0 200 400 MUNICIPAL PLANNING CONSULTANTS CO LTD. AN EXPLANATORY NOTE TO BY-LAW NUMBER Bell Canada, Canada Life Building, Toronto, Ontario. MSG 1R7 Following the circulation of By -lav No. 73 -15, the person listed above has objected to the By -law on the grounds that the definition for Public Authority does not clearly include Bell Canada. It is suggested that the By -law be amended by changing the defi- nition for Public Authority to read: "...and any telephone company or Ontario Hydro.91 Draft April 17, 1974 THE CORPORATION OF THE TOWN OF NEWCASTLE BY -LAW NUMBER A By -law to amend By-law Number 73 -15 WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend By -law Number 73 -15, as amended. NOW THEREFORE the Council of the Corporation of the Town of Newcastle ENACTS as follows: 1. That Section 10.101 of By -law No. 73 -15 is hereby amended by adding to the end of the definition of Public Authority: "...and any telephone company or Ontario Hydro." 2. This By -law shall become effective on the date hereof sub- ject to receiving the approval of the Ontario Municipal Board. THIS BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED ON THE DAY OF , A.D., 197 . (SEAL) Mayor Clerk Objections from: Charles and Jacqueline Cooper via E.R. Lovekin, Attorney Box 9 Newcastle, Ont. John &rthur Adams Andrew Street, Newcastle, Ont., personally and via E.R. Lovekin, Attorney Ruby Brunt via E.R. Lovekin, Attorney Box 9, Newcastle, Ontario Marjorie Pascoe, via E.R. Lovekin, Attorney Box 9, Newcastle, Ont. Donald Lake and Beverly Lake via E.R. Lovekin, Attorney Box 9, Newcastle, Ont. The persons listed above, have objected to the By -law 73 -15 on the basis that the Council of the Village of Newcastle and in some cases, the Land Division Committee as well, gave approval to the creation of lots which are of less area and /or frontage than required by the By -law. Section 9;12 of the By -law allows lots of less area and /or frontage to used and a building or structure erected, altered or used on such small lot, provided all other requirements of the By -law are complied with and the lot must be held under distinct and seperate ownership from abutting lots as shown by a registered conveyance in the records of the Registry or Land Titles Office. However, should the persons listed above not have their lot(s) registered and they have the approval of Council then the By -law should be amended in the form of an exception to section 9:12 for the lots in question. However, if the lots are registered and are zoned and are the required size (as in the case of perhaps M. Pascoe and Lake) but are not shown as individual lots on Plate A then no amendment would be needed to the By -law. An amendment to the By -law would be required only where the lots were of less area and/or frontage, were approved by Council but were not registered in the Registry Office. 11. 3: L A N D U S E P O L I C Y 3.2 SPECIAL USE AREA (cont'd) g. DETAILED DELINEATION In the absence of more detailed floodline, swamp or valley contour mapping, the boundaries of the Special Use Area, as shown on Sche- dule "A ", shall be used as guides for the provisions in the imple- menting Restricted Area By -law. When more detailed mapping becomes available, the Village of Newcastle will amend the Plan and the implementing Restricted Area By -law, as required. Building set- backs will be imposed from the Special Use Area in relation to the extent and severity of the hazards. h. ZONING Special Use Areas shall be zoned in a separate classification in the implementing Restricted Area By -low. 3.3 RECREATIONAL Land designated as Recreational is intended primarily for parks and recreational purposes. The Recreational lands shall be divided into three sub - classifications; Local /Neighbourhood, Community and Sub - Regional Parks. The general principles to be considered in the develop- ment and control of the use of such lands are as follows: a. USES PERMITTED - LOCAL/NEIGHBOURHOOD PARK The Local /Neighbourhood Parks are open spaces primarily located within areas of residential development which tend to serve the residents of a specific area. The uses permitted shall be limited to parks and playgrounds that serve, predominantly, the neighbour- hood residents including passive and active recreational activities such as outdoor sports, landscaped or natural open space areas and accessory uses such as parking lots, accessory park buildings or other uses incidental to the Neighbourhood Recreational use. b. USES PERMITTED - COMIUNITY AND SUB - REGIONAL PARK The Community and Sub - Regional Parks are open spaces which, by reason of their location, their existing use or potential for development, tend to serve the general population of the whole Planning Area or in sone instances to serve a more extensive pop - ulation than the Planning Area residents, or to serve a specific purpose. The uses permitted shall include parks and playgrounds that predominantly serve the Village residents, including passive and active recreational activities such as outdoor and indoor sports, picnic areas, botanical gardens and landscaped or natural 10. 3: L A N D U S E P O L I C Y 3.2 SPECIAL USE AREA (cont'd) d. FLOOD CONTROL Whenever any flood control or other works are undertaken which re- sult in changes in the areas designated as Special Use Areas, such changes will be incorporated on Schedule "A" by an amendment. e. LAND UNDER PRIVATE OWNERSHIP Where any land designated as Special Use Area is under private ownership, this Plan does not intend that this land will neces- sarily remain as such, indefinitely, nor shall it be construed as implyiU_that_ such areas are free and open _to-the general — public or will be purchased by the Village of Newcastle or_other_public agency. An application for the redesignation of the Special Use Area for other purposes may be given due consideration by the Village after taking into account: i. the existing environmental and /or physical hazard(s); ii. the potential impacts of these hazard(s); an iii. the proposed methods by which these impacts may be over -- comp: in a manner consistent with accepted engineering techniques and resource management practices; iv. that a full engineering report indicates the hazard(s) will not be transferred to another area; and V. tho entire cost of the proposed remedial works will be borne by the developer. There is no public obligation, however, either to redesignate or to purchase any land if there is an existing or potential hazard that would be difficult or costly to overcome. f. LAND DEDICATED UNDER THE PLANNING ACT Where new developmnnt is proposed on a site, part of which has physical or environmental hazards, such hazard lands shall not necessarily be acceptable as part of the 5 percent dedication for Open Space under The Planning Act. All lands dedicated to the Village shall be conveyed in a physical condition satisfactory to the Village. Where an open watercourse is involved, adequate space shall be provided for maintenance and operations. 9. 3: L A N D U S E P O L I C Y 3.1 GENERAL The land resources of the Newcastle Planning Area shall be developed in accordance with the land use pattern shown on the Land Use and Roads Plan, Schedule "A ", and the policies contained within this Official Plan. The Land Use and Roads Plan establishes the pattern of development by dividing the Planning Area into ten basic land use classifications, namely: Special Use Area, Recreational, Residential, Deferred Residen- tial, Estate Residential, Community Facility, Commercial, Industrial, Deferred Industrial and Rural. The policies governing the use of the lands within these classifications are described in the following sub- sections. 3.2 SPECIAL USE AREA Land designated as Special Use Area is land having inherent environmental hazards such as flood susceptibility, poor drainage, organic soils or other physical conditions and limitations. Land so designated is intended R primarily for agriculture preservation, conservation or recreation. The general principles to be considered in the development and control of the use of such land are as follows: a. USES PERMITTED The uses permitted shall be limited to agriculture or nurseries, conservation, wildlife areas, public or private parks, golf courses, boat launching facilities or other outdoor recreational activities. b. BUILDINGS AND FILL No buildings of a permanent nature except for restrooms, shelters or similar uses, nor the placing or removal of fill of any kind, whether originating on the site or elsewhere, shall be permitted Tin the Special Use Area except in accordance with the regulations of the Local Conservation Authority. Where no Conservation Authority regulations exist, the Village of Newcastle will seek the technical advice of the appropriate Provincial Authority when dealing with development proposals for such areas. Buildings or structures re- quired for flood control or other conservation or public projects will be permitted. c. PARKING FACILITIES When recreation or conservation projects are designed for public or private use, adequate automobile parking areas shall be estab- lished and access points to parking areas shall be designed in such a manner that they will minimize the danger to vehicular and pedestrian traffic. Objection from: M. H. Wynn via Slemin, Wynn, & Lawrence 90 Nelson Street Brantford, Ontario N3T 5S7 the person listed above has objected to By --law 73 -15 on 4 points. 1. The southern portion of the property of the Objector has been designated OS -1, the Zone given to land with an environmental hazard. No dock or boat house would be permitted in this zone without permission of the local Conservation Authority. The relevant Official Plan policies on Special Use Lands has been attached. 2 &3. Objections 2 and 3 seem to be related to a mis- understanding of the RU- 1Zone. The 1,500 Ft. provision applies to the area surrounding the RU -1 Zone located south of Highway N6. 401, north of Foster Creek and east of the road allowance between lots 30 and 31. 4. This objection relates to the RU Zone south of Metcalf St. Any other Zone Classification would constitute pre - zoning as this is a Restricted Area By -law. Objection from: Sam Cureatz Lot 26, B.F. November 8, 1973 The property of Mr. Cureatz has been zoned OS -1 which is a Open Space Zone with Environmental Control Lands on it or hazard lands. Mr. Cureatz states that there are single- family homes within this zone. The Existing Land Use Survey and Aerial Photograph did not show any homes within this area. If they are within the OS -1 zone they are within a flood plain and their use as single- family dwellings should not be encouraged to continue. Objection from; S. Crookall Newcastle, Ontario. The person listed above has objected to the By -law as part of their property is zoned OS, however, the objection does not state where property in question is located. Objection from: E. G. Hay R.R. #3 Newcastle, Ontario. The person listed above has objected to the By -law 73 -15. The objection is difficult to understand, however any use which exists at the date of passing regardless of the zoning may continue as specified under section 9.13. Any area that does not have the desired zone for future plans will be amended only when the development plans have been approved. Objection from: Mrs. I. Wright Mill Street South R.R. #3, Newcastle, Ontario. The person listed above has objected to the By -law 23 -15 because of the size of lots required for a single- family dwelling house in an R U Zone. Objector used provision (L) of Plate D as her argument for reducing lot required for a house in the R U zone. However basic lot size related to provision (L) is 30,000 sq. ft. The 25 acre requirement is not the land needed for septic tank purposes but is used as a deterent for strip development in the un- built -up portions of the Village. Should a proper plan of subdivision be submitted and approved there are portions of the R U Zone which could be amended to Rl, R2, R3 or ER. Objection from: E. Walton Ball P.O. Box 404 Don Mills, Ontario The person above has objected to the By -law as he would like to see an expansion of the RR zone in the Bond Head Area. However any further expansion of this zone would not be in conformity with the fact that it is a Restricted Area By -law ah d does not Pre -Zone land, except for minor infilling. Objection from: Bowmanville Construction Ltd. J. Dejoy E Vierhont Newcastle, Ontario The persons above have objected to the By -law in regard to the corner lot size. They have a revised draft plan of subdivision which they believed met all of Planning Boards' standards, however they state they were not informed of the 8,400 sq. ft. requirement of a corner lot. By -law could be amended as an exception to Section 9.12. Objection from: M. Cobbledick via E. R. Lovekin, Attorney Box 9, Newcastle H. W, Hill 216 Lorne Ave. Newmarket, Ontario L3Y 4K2 A. Allison; S. Cureatz via E. R. Lovekin, Attorney Box 9, Newcastle S. Guj da via Swartz & Swartz, Soliciters 22 King Street W. Oshawa, Ontario Wil - Swar Enterprises Ltd. via Swartz & Swartz, Soliciters 22 King Street W. Oshawa, Ontario Goldstein Investments Ltd. via Peter DeMarcio Ltd. Real Estate Broker Suite 219 1315 Finch Ave. W. Downsview, Ontario Jack Jacobsen Construction Ltd. Brock Road North Pickering, Ontario E. R. Lovekin Box 9 Newcastle, Ontario LOA 1HO The persons listed above, have objected to the By -law 73 -15 on the basis that the Zone presently governing their land does not allow them to develop their land in the future as they had planned. These objectors are basically requesting Pre - Zoning and, as this is a Restricted Area By -law based on existing lamd use, their requests for a change in Zoning should be met only when an approved plan exists for the property in question. Many of the lands in question, have been classified in the Official Plan for the future uses desired by the Objectors, however, their lands should not be Zoned for the proposed use until the proposals have final approval. Objections from P. G. Grandfield 55 Lincoln Square Brantford, Ontario E. Duncan 44 Ridge Drive Toronto 7, Ontario The persons listed above are objecting to By -law 73 -15 on the ground that a portion of their property ( the land along Lake Ontario) has been Zoned OS-1 which is the Zone given to Special Uses Areas or areas having some environmental hazard. Permission would have to be obtained from the Conservation Authorities prior to the erection or construction of any building or structure in the OS -1 Zone. 1 would suggest that the By -law not be ammended. Objections from: Mr. & Mrs. Guy Roland Dallaire Walton Park Mill Street Newcastle, Ontario The persons listed above have objected to By -law 73 -15 in regard to the zoning of his property. Any use that exists at the date of passing of this By -law is permitted to continue as per Provision 9:13. However much of the Trailer Park is in flood plain or a Special Use Area and any further expansion or development on the OS -1 land would require the permission of the Conservation Authority.