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HomeMy WebLinkAboutPD-204-84 4 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1JO TEL.(416)263.2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF DECEMBER 17, 1984 REPORT NO. : PD-204-84 SUBJECT: PROPOSED AMENDMENT TO DURHAM REGIONAL OFFICIAL PLAN TO PERMIT THE DETAILING OF USES AND BOUNDARIES WITHIN LOCAL OFFICIAL PLANS AND/OR DISTRICT PLANS - FILE: 84-17/D RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-204-84 be received; and 2. That the Region of Durham be advised that the Town of Newcastle has no objection to the proposed Official Plan Amendment 84-17/0 regarding the detailing of uses and boundaries for Hamlets within local plans; and 3. That a copy of Staff Report PD-204-84 and Council 's decision be forwarded to the Region of Durham. . ..2 F� REPORT NO. : PD-204-84 Page 2 BACKGROUND: On September 27, 1984, the Town received notice from the Region of Durham of a proposed amendment to the Regional Official Plan regarding the detailing of Hamlet boundaries and landuses within local plans. Currently, the Regional Official Plan states that the limits and detailing of landuses in Hamlets shall be undertaken in a development plan ; however, the Official Plan further states that once such a development plan has been adopted, the relevant parts of any approved local Official Plan shall be repealed. The Region has indicated that some area municipalities wish to be able to provide details of hamlet boundaries and internal landuses and policies within their local Official Plan. The benefit of such an approach would be to have amendments which affect hamlets subject to the public notice and appeal mechanisms for Official Plan amendments. The * proposed amendment (attached) would result in the insertion of a new policy into the Regional Official Plan which states that, at such time as a Hamlet Development Plan is adopted, details related to such matters as the boundary, internal landuses or policies may be included by amendment into an existing Official Plan and/or District Plan at the discretion of the area municipality. The proposed amendment further states that such detailing in the local Official Plan is not a prerequisite to passing a Zoning By-law to allow the development of the Hamlet. COMMENT: As indicated earlier, the major benefit of the proposed amendment would be to have an amendment application subject to the full public notice and appeal procedure for Official . ..3 REPORT NO. : PD-204-84 Page 3 Plan amendments as required by the Planning Act. The Town' s current practice is to require the party applying to amend a Hamlet Development Plan to post a public notice on the subject property advising of the amendment application; as well , the Town holds a Public Meeting with respect to the subject application. However, inasmuch as Hamlet Development Plans do not come under the purview of the Planning Act, no appeal is possible to a decision of Council . The major disadvantage of the proposed amendment would be that a Hamlet Plan amendment would require the approval of the Ministry of Municipal Affairs and Housing inasmuch as it would be an amendment to an Official Plan. This could result in considerable time delay. The current approval procedure is for the Town to forward a proposed amendment to Regional Council for comment prior to it being considered and approved by Town Council . Staff note that the amendment as proposed by the Region of Durham is sufficiently flexible so as to allow an area municipality to decide whether or not to incorporate Hamlet Development Plans into their local Official Plans and/or District Plans. The preparation of a District Plan for the Town of Newcastle is included in the Planning Department Work Program for 1984 and 1985. Staff will be considering, during the preparation of the District Plan, whether or not to incorporate into the Plan the landuse designations and policies of the five (5) existing Hamlet Development Plans, and landuse designations and policies for other Hamlets within the Town. ...4 REPORT NO. : PD-204-84 Page 4 It is therefore recommended that the Region of Durham be advised that the Town of Newcastle has no objection to the Official Plan Amendment which would permit the incorporation of Hamlet Development policies into local Official and District Plans. Respectfull -tt d, T.T. Edwards, M.C.I.P. Director of Planning JAS*TTE*jip *Attach. December 5, 1984 APPENDIX I TO COMMISSIONER'S REPORT NO. 84-164 PROPOSED AMENDMENT TO THE DURHAM REGIONAL OFFICIAL PLAN PURPOSE: The purpose of this amendment is to allow an area municipality, at its discretion, to include within local official plans and/or district plans, details relating to the boundary and internal land uses of hamlets for which a development plan has been prepared. BASIS: Section 10.4.2.1 of the Durham*Regional Official Plan presently indicates that the limits and detailing of land uses in hamlets shall be undertaken in a development plan. Furthermore, once such a development plan has been adopted, in order to avoid confusion and policy conflicts, the relevant parts of any approved local official plan shall be forthwith repealed. Some area municipalities are desirous of providing details of the boundary, internal land uses or policies dealing with the hamlet within an adopted area municipal official plan. This would allow an appeal mechanism when such an official plan amendment is approved rather than at the time of zoning by-law amendment which is currently the practice. ACTUAL The Durham Regional Official Plan is hereby amended by adding a AMENDMENT: new paragraph to the end of Section 10.4.2.1 such that the policy now reads as follows (new paragraph underlined) : "10.4.2.1 The delineation of the limits of and the detailing of land uses ,in Hamlets shall be undertaken in a development plan adopted by the Council of the respective area municipality prior to major new development taking place. However, -if such new development is in conformity with the policies of an existing approved official plan for that Hamlet and with the policies of Sections 10.4.1.2 or 10.4.1.4 of this Plan, the preparation and adoption of a Hamlet development plan need not be a prerequisite for such new development. Also, if a respective area municipality adopts a Hamlet development plan for a Hamlet now covered by an existing approved official plan, the relevant part of the existing approved official plan shall be forthwith repealed by by-law and a related restricted area (zoning) by-law may be adopted in accordance with the adopted development i . plan. i 3 Furthermore, upon the adoption of a development lan, it1 details related to such matters as the boundary. internal land uses or policies governinq the development of the Hamlet may be included by amendment in an existing official plan and/or district plan at the discretion of the council of the respective area municipality; such details shall not be a prerequisite to passing a restricted area (zoning) by law to allow development of the Hamlet in accordance with the provisions of this Plan IMPLEMENTATION: The provisions set forth in the- Durham Regional Official Plan, as amended, regarding the implementation of the Plan shall apply in regard to this amendment. INTERPRETATION: The provisions set forth in the Durham Regional Official Plan, as amended, regarding the interpretation of the Plan shall apply in regard to this amendment.