HomeMy WebLinkAboutPD-179-84 REPORT #6
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F THE TOWN OF NEWCASTLE
CORPORATION O ,
EDWARDS,M.C.I.P.,Director
PLANNING AND DEVELOPMENT DEPARTMENT T.T. TEL.(416)263.2231
HAMPTON,ONTARIO LOB 1J0
REPORT TO THE COUNCIL MEETING OF OCTOBER 22, 1984
REPORT NO.: PD-179-84
SUBJECT: TOWN OF NEWCASTLE ZONING BY-LAW 84-63
OUR FILE: Pl n 4.1
RECOMMENDATION:
It is respectfully recommended to Council that:
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1 . Staff Report PD-179-84 be received for
information; and
2. Staff be authorized to proceed with publication
of a Public Notice of a public meeting to be
held on December 3, 1984 in respect of the
* amendments identified by Attachment No. 1
hereto; and
3. That By-law 84-63 be forwarded to the Ontario
Municipal Board for approval , and the Board be
requested to convene a hearing in respect of
said by-law at the earliest possible date; and
° That Town Staff and the Municipal Solicitor be
authorized to attend such hearing and make
representation on behalf of the Town on all
such appeals unless otherwise previously
directed by Council resolution; and
(5411) - That the Town Solicitor be authorized to
request the Board to exercise its powers to
amend By-law 84-63 as may be necessary to
implement the Board's decisions in respect of �, ��
any, or all , appeals.
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REPORT NO. : PD-179-84
Page 2 I
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BACKGROUND AND COMMENTS:
As the Members of the Council are aware, on September 10,
1984 By-law 84-63 was given second and third readings. The
last date for filing of appeals was October 15,
1984, and in
that regard, the Town Clerk received eleven (11 ) letters of
appeal . In addition, Planning Staff received three (3)
requests for changes to the By-law which were not
submitted as formal appeals.
The following is a summary of the appeals filed and copies
of the referenced letters are available from the Planning
Department upon request but have not been included for the
sake of brevity.
1 . Two letters of appeal were received from Mr. M.
Asadoorian and Mr. K. Dawson in respect of the "C5"
zoning as it applies to the Moase property in Part of
Lot 34, Concession 2. These appeals indicate concern
with the possible expansion and enlargement of an exist-
ing Welding Shop, prematurity of the zoning, and
controls with respect to the provision of buffers.
Staff feel that these concerns have been addressed
through the by-law provisions and through a Site Plan
Agreement which has been registered against title of the
subject lands. We are therefore not recommending any
change to By-law 84-63 and recommend that this appeal be
forwarded to the Ontario Municipal Board for hearing.
2. A site specific appeal was received from L. Brown in
respect of the "A-14" zone designation of Part of Lot
24, Concession 5, geographic Township of Darlington.
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REPORT NO. : PD-179-84
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This appeal was submitted on the grounds of decreased
property value citing a previous "Cl " zoning as
contained in By-law 2.111 . Staff note that a commercial
use does not exist on the property at the present point
in time, and a commercial zoning would not be in
conformity with the Durham Regional Official Plan.
Staff are therefore not recommending an amendment to
By-law 84-63 and recommend that this appeal be forwarded
to the Ontario Municipal Board for hearing.
3. Two letters of appeal were received, from Mr. S. Stenger
and Mr. J. Dodds , in respect of the "RH-Residential
Hamlet" zoning for Part of Lot Concession 8,
geographic Township of Darlington. The subject lands
are occupied by a draft approved plan of subdivision
owned by 1927 Investments Limited. The reasons for
appeal are cited as impacts upon water supply,
elimination of prime agricultural land, increased
traffic, social impacts and inadequate fire and police
protection. Staff note that the lands subject to this
appeal are designated for residential development in the
approved Hamlet Development Plan for Enniskillen.
Proposed plan of subdivision 18T-81013 received draft
plan approval from the Regional Municipality of Durham
on May 28, 1984. The "RH" zone designation would
facilitate development of this approved plan of
subdivision. For this reason, Staff are not recommend-
ing an amendment to By-law 84-63 and recommend that the
subject appeals be forwarded to the Ontario Municipal
Board for hearing.
4. A letter of appeal was received from nine (9) residents
in respect of the "A-18" zone classification of Part of
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REPORT NO. : PD-179-84
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Lot 11 , Concession 5, geographic Township of Darlington
(Ullrich). The letter requests an amendment to By-law
84-63 to correct the description of the property as
shown on Schedule 1 and to apply a commercial
classification as opposed to an agricultural special
exception. In addition, the appellants request that a
specific exclusion for slaughter houses be incorporated ncorporated the
in the text of the by-law. Staff feel that
concern relative to the delineation of the lands is
valid and will be recommending an amendment to By-law
84-63. With respect to the second points,
that, although the existing operation is of a commercial
nature, it is located within an agriculturally
designated area. Our practice has been to recognize
such uses as agricultural special exceptions.
Similarly, the need for a specific exclusion is
questionable , inasmuch as a zoning by-law, by its vary
nature , lists only permitted uses. If a use is not
be
specifically included therein , then it must these
interpreted as being prohibited. Notwithstanding
comments, in the interests of resolving this appeal , we
recommend an amendment to By-law 84-63 be prepared to
facilitate the requests of the appellants.
5. A letter of appeal was submitted by eleven (11 )
households in respect of the "R3-6" zone classification
of Part of Lot 29, Concession 2, the former
appeal of
Newcastle (Kraayvanger). The reasons pp l re
cited as the incompatibility of townhouse units with
surrounding land uses , specifically single family
dwellings, the inadequacy of the frontage, resident
reliance on the existing zoning in making their
decisions to purchase, a potential hazard in respect of
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REPORT NO. : PD-179-84
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access to Highway #2, inadequate provisions for fire
removal ,protection and snow remo , and a reduction of privacy.
Staff note that the zoning of the subject lot is
consistent with the approved Official Plan of the
Newcastle Village Urban Area and that it has been
reviewed by all agencies having jurisdiction. In that
regard we are not recommending an amendment to By-law
84-63 and recommend that the subject appeals be
forwarded to the Ontario Municipal Board for hearing.
6. A letter of appeal was filed by St. Mary's Cement Co. in
respect of the "M3-1" zone classification of their
lands. Their letter of appeal requests that prior zone
provisions contained in By-law 2111 be repeated in
By-law 84-63 and specifically that transportation depot
and ready-mix concrete operations be specifically zoned,
and that residential uses, up to two (2) dwellings for a
manager, caretaker, watchman or other similar person
employed on the premises concerns and their families , be
included. Staff note that the "M3-1" zoning permits, in
addition to the extractive industrial uses, the
operation of cement manufacturing plant. Staff
interpret the by-law as including accessory
transportation depots as a permitted use and therefore,
do not feel that an amendment is essential in this
respect. Notwithstanding this, in the interest of
resolving the appeal , we are recommending approval of an
amendment which would specify that a transportation
depot and ready-mix concrete operation are permitted on
those lands specifically used for those purposes. With
respect to the inclusion of residential uses, we note
that the establishment of residential uses in industrial
areas is inconsistent with good Planning practice.
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REPORT NO. : PD-179-84 Page 6
However, given the size and nature of the particular
operation, it is not inconceivable that such residential
uses would be required. Similarly, we will prepare an
appropriate amendment with respect to this aspect of the
appeal .
7. A letter of appeal was received from the Solicitors for
Pythbow Developments Limited in respect of the "(H)C-5"
and "EP" zone classifications of their lands located in
Part of Lots 12 and 13, Broken Front Concession , former
Town of Bowmanville. Their reasons for appeal are:
a) that the I'M' zoning is not extensive enough to
permit a Shopping Centre;
b) that the lands should not be placed in a Holding
category since it is appropriate to proceed with the
development at this time;
c) the range of potential uses for an "EP" zone would
exclude the use of a portion of the lands for
parking; and
d) that the parking regulations in respect of shopping
centres do not provide sufficient definition to
permit them to ascertain the impact of this provision
upon their proposal .
Staff note that the subject lands are designated
"Special Purpose Commercial " by the Bowmanville Official
Plan and the Durham Regional Official Plan. Amendments
to these documents are presently before the Ontario
Municipal , and until such amendments are dealt with, we
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REPORT NO. : PD-179-84 Page 7
are not in a position to recommend any changes to By-law
84-63 in respect of this specific development proposal .
We therefore recommend that the subject appeal be
forwarded to the Ontario Muncipal Board for hearing .
8. A letter of appeal was received from the Canadian
Environmental Law Association on behalf of the Second
Marsh Defence Association in respect of the "A-8" and
"R4" zone classifications of Part of Lots 29 and 30,
Concession 3, geographic Township of Darlington
(Pollard). The reasons for appeal cited include concern
over storm water management , population and
environmental sensitivity of the subject lands. Staff
note that Council has previously approved the subject
proposal , and as such, are recommending that the appeal
be forwarded to the Ontario Muncipal Board for hearing.
9. A letter of appeal was received from the Regional
Municipality of Durham in respect of the following
items.
a) Section 3.9 - Holding Zone
Regional Staff indicate that present Official Plan
policies are not sufficient to facilitate use of the
Holding zone symbol . They note however, that they
are presently recommending an amendment to the
Durham Regional Official Plan which will remedy this
problem. The conformity of this section of the
by-law therefore will depend upon the final approval
of the proposed Official Plan amendment.
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REPORT NO. : PD-179-84
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b) Regional Staff indicate that the list of permitted
uses for the agricultural "A" and the agricultural
"A-1 " zones include converted dwellings which is
defined as, up to three (3) separate dwelling units.
Regional Staff have requested an amendment to
restrict the use of the dwelling units to persons
employed on the subject property consistent with the
policies of the Regional Official Plan. Staff
concur with the request and will be recommending an
appropriate amendment to By-law 84-63.
c) Regional Staff indicated a concern with respect to
retail sales and/or service establishments for motor
vehicle equipment and accessories being included as
a permitted use in Section 23.1. This use is not in
conformity with the industrial designation , and they
are requesting an amendment to substitute the words
"a motor vehicle repair garage" . Staff concur with
this request and recommend an appropriate
amendment be prepared.
d) Regional Staff have identified, on Schedule 1, three
(3) zone designations which they do not feel conform
with the Durham Regional Official Plan. These are
the "(H)M-1" zoning of Part of Lot 1 to 4, Broken
Front Concession, Darlington , the "RC" zone of Part
of Lots 22 and 23, Concession 3, Darlington, and the
"RC" zoning of Part of Lot 26, Concession 2,
Darlington. With respect to the "(H)M-1" zoning ,
Staff concur with the request and are recommending
an appropriate amendment to place the subject lands
in an agricultural zone. With respect to the
"RC-Rural Cluster" zones, we concur with the
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REPORT NO. : PD-179-84
Page 9 �
Region' s request that this zone designation be
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deleted until a review of the Rural Cluster policy
of the Regional Plan has been completed. An
appropriate amendment will be prepared.
e) Regional Staff have identified, on Schedule 3, four
(4) properties with which they have concerns about
the zoning designations. These are the IV" zoning
of the Bowmanville Cemetery, the "C5" zoning of Part
of Lot 15, Broken Front Concession, Darlington , the
"R3-3" zoning on the west side of Simpson Avenue
occupied by the Port Darlington Marina residential
development, and the zoning of lands occupied by
Plan of Subdivision 18T-82037 (Zakarow) . With
respect to the zoning of the Bowmanville Cemetery ,
Staff concur with the Regional requests and will
prepare an amendment to change the zoning to an
appropriate agricultural exception zone. With
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respect to the C5 ' Special Purpose Commercial zone,
Staff have prepared an appropriate amendment to
place these lands in an "M1 " zone. With respect to
the zoning of the Port Darlington Marina lands and
the Zakarow Plan of Subdivision, Staff are of the
opinion that, given Council 's previous approvals,
the zoning reflects Council 's intent. Council may
wish to consider use of the Holding symbol in order
to prevent development until such time as the
Regional concerns have been addressed. If so ,
specific direction should be provided.
f) Regional Staff have indicated that the "(H)RH"
zoning of lands within the Hamlets of Hampton, Maple
Grove, and Tyrone, is not in conformity with the
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IREPORT NO. : PD-179-84 Page 10
Durham Regional Official Plan , inasmuch hasDurhamHamlet
Development Plan and/or amendments to
Regional Official Plan would be rd in each
case. Staff have prepared the necessary amendment
to facilitate this change.
g) Regional Staff have indicated a concern th t the time
Pollard proposal would be premature until
as a Servicing Agreement has been executed.
placed i n
have suggested that the subject lands be
an "(H)R-4" zone. Staff note Council 's prior
oval of the subject zoning without such a
appr
restriction and the fact that another app eal has
It would
been filed relative to the subject lands. Ieal to
therefore be appropriate to forward this app
the Ontario Muncipal Board for hearing.
h) Regional Staff have expressed a concern with respect
to the wording of Section 12.3 dealing with
that the
municipal services.
They have suggested
wording be altered to include a reference to the
payment of Regional levies. Staff note that , during
the course of recent discussions with the Ministry
of Housing Staff, the use of such references was
discussed and rejected inasmuch as it constitutes
conditional zoning.
As indicated, in addition to the letters of appeal that were
filed, Staff received three requests with respect t to
changes. These were received from the Chairman of the
Bethesda Cemetery Board - Mr. Walter Loveridge, the Senior
Trumbley, and Halminen
Public Health Inspector - Mr. Board is requesting an
Homes. The Bethesda Cemetery
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REPORT NO. : PD-179-84 Page 11
amendment to the By-law to facilitate future expansion of an
existing cemetery. Staff have no difficulty with this
request and will prepare the necessary amendment.
Mr. Trumbley of the Regional Health Services Department has
pointed out that references to the Public Health Act within
the By-law should be changed to read Health Protection and
Promotion Act. Accordingly, Staff will prepare an
appropriate amendment.
Halminen Homes have requested that the interior sideyard
provisions for semi-detached dwellings, without an attached
garage, be reduced from 4.5 to 3.0 metres. Staff have
reviewed this request and note that By-law 84-63 reduced the
frontage requirements for semi-detached lots from 75 to 60
feet. As a result of this change, it is very difficult to
construct a semi-detached dwelling without an attached
garage and still comply with the by-law requirements. Staff
will therefore bring forward an amendment to By-law 84-63.
Staff would also note that as a result of the public review
process and the day to day application of By-law 84-63, a
number of other changes are in order. Staff have summarized
all proposed changes including those previously referred to
* on the enclosed attachment and will prepare the necessary
by-law amendment to implement these changes.
In order to expedite final approval of By-law 84-63, it
would be appropriate for Council to forward the by-law,
along with the appeals, to the Ontario Municipal Board, with
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REPORT NO. : PD-179-84 Page 12
a request that the Board convene a public hearing. It would
also be in order to publish a public notice and convene a
public meeting in respect of proposed amendments to By-law
84-63 in order to ensure that the public notice requirements
of the Planning Act are fulfilled , in respect of all
proposed changes, and to facilitate resolution of the
appeals.
Respectfu tted,
T.T. Edwards, M.C.I.P.
Director of Planning
TTE*jip
October 16, 1984
*Attach.
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ATTACHMENT NO. 1 TO STAFF REPORT PD-179-84
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1 . Section 2 - a)
Definition of WATER SUPPLY SYSTEM,
PRIVATE POTABLE change "Public Health Act" to "Health
Protection and Promotion Act".
b) Definition of PRIVATE CLUB, change to read "building
or land, gun clubs etc."
c) Definition of FLOOR AREA, TOTAL, exclude garages or
portions of dwellings not intended for habitation.
d) Add definition of FLOOR AREA TOTAL LEASEABLE to
read: "Shall mean Total Floor Area exclusive of any
internal common areas and/or common mechanical
or service rooms."
2. Section 3.7c.ii ) , in the 4th line add the words "has
access to" after the word "lot" , 5th line delete the
words "fronts on" and add the word "perpetual " after the
word "private", 6th line delete the first word "and" and
replace with the word "which".
3. Section 3.9 - delete the last paragraph, add references
to limit Agricultural use , to conservation and forestry
and farm uses, exclusive of livestock operations. Also
limit uses to existing residential uses not all existing
uses.
4. Section 3.14a. Residential Parking Apartments revise as
shown :
1 bedroom Apartment - 1 space per unit
2 bedroom Apartment - 1 .25 spaces per unit
3 or more Apartment - 1 .5 spaces per unit
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ATTACHMENT N0. 1 TO
STAFF REPORT PD-179-84
5. Section 3.14e. - Restrict residential unless they comply
with parking regulations.
6. Section 3.14e. - revise to include changes in use of
lot as well .
7. Section 3.18 - change "Public Health Act" to "Health
Protection and Promotion Act".
8, Section 6.1a. - change "converted dwelling" to
"converted dwelling containing no more than two (2)
units and occupied by persons employed on same lot or
members of the Owner's family".
9. Section 6.1b. - add "private kennels" as a permitted
use.
10. Section 6.1c. - delete this section in its entirety in
favour of the general provisions and a special provision
designation for Port Granby.
11 . Section 6.3g.
- add the following words to be an
existing non-complying lot and shall be subject to the
provisions of Section 3.6 hereto, and shall be deemed"
after the word "deemed" in the 7th line.
12. Section 6.4.1a. - change "converted dwelling" to
"converted dwelling containing no more than two (2)
units and occupied by persons employed on same lot or
members of the Owner's family" .
ATTACHMENT NO. 1 TO STAFF REPORT PD-179-84
13. Section 6.4.18 - Delete in its entirety and add a new
"C4" special provision to Section 19. Add a new section
as "A-18" to facilitate Bethesda and Bowmanville
cemeteries.
14. Add a new Section 6.4.20. Add new special provision
"A-20" for Port Granby to limit uses to conservation and
forestry.
15. Section 11 .2d.ii ) - delete the redundant words "seasonal
dwelling".
16. Section 12.2d. - reduce interior sideyard, on
semi -detached dwellings without an attached garage, to
"3.0 metres" and use wording consistent with "R2-2" zone
to prescribe sideyards.
17. a) Section 12.4.1 - change 92.1 " to "12.1 (a)" so as to
include places of worship.
b) Section 12.4.2 - change 12.1 " to "12.1 (a)" so as to
include places of worship.
18. Section 12.4.11 - change "12.1 " to 1112.211.
19. Section 13.2(c) - use wording consistent with "R2-2" to
prescribe sideyards.
20. Section 14.6.5 - change "14.4" to "14.3" .
ATTACHMENT NO. 1 TO STAFF REPORT PD-179-84
21. Section 16.1c. - in the 7th line delete the word
"adequately" and add the word "municipal" after the word
"by" , in the 8th line delete the words "adequate access"
and add the word "access" after the word "vehicular", in
the 9th line delete the word "adequate" and "lands" , and
add the words "in accordance with the requirements of
Section 3 hereof" after the word "provided" , in the 10th
line delete the words "will have adequate" and add the
words "of the lands will not impact upon adjoining lands
or streets" after the word "drainage".
22. Section 16.2b. - cross-reference floor area for
residential units to Section 15.2d.
23. Add a new Section 19.4.7 - add a new section to
incorporate a previously approved by-law.
24. Add a new Section 19.4.8 to recognize an existing
trailer sales and trailer camp operation.
25. Add a new Section 19.4.9 to incorporate former "A-18"
provisions as originally approved by By-law 75-80.
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26. Section 20.3c. - change the words "Public Health Act" to
read "Health Protection and Promotion Act".
27. Section 20.4.3 - change "20.1 " to 1120.211.
28. Section 20.4.7 - change "20.1" to "20.2".
ATTACHMENT NO. 1 TO STAFF REPORT PD-179-84
29. Section 2.5.4.1 - add residential use to maximum of two
(2) dwellings for caretaker etc. previously contained in
MQ zone in Darlington.
30. Add a new Section 2.5.4.2 to provide specific zoning for
transport depot and ready-mix concrete plan.
31 . Schedule 1
a) Delete "A-18" zone designation Part of Lot 11 ,
Concession 5, Darlington and replace with "C4-9" .
b) Add an "A-18" zone designation to the lands occupied
by the Bethesda Cemetery and the Bowmanville
Cemetery.
c) Change the "(H)Ml " zone designation north of the
Wilmot Creek Mobile Home Park to "A" to conform with
the Official Plan.
d) Delete the "RC" zone classification, Part of Lot 26,
Concession 2, Darlington and Part Lots 22 and 23,
Concession 3, Darlington to conform with the
Official Plan policies.
Schedule 2
a) Change the "(H)A" zone classification of the Port
Granby site to "A-20".
b) Change the "C4-14" zone designation of Part of Lot
24, Concession 8, Clarke to "C4-7" to correspond
with text.
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ATTACHMENT NO. 1 TO STAFF REPORT PD-179-84
31 . Schedule 3
a) Add an "M3-2" zone designation to the lands
previously zoned "MQ-1 " by By-law 2111 .
b) Change the "M2" zone designation on the Bowmanville
Cemetery to "A-18" .
c) Change the "R1 -12" zone designation of the lands
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bounded by Church, Silver and Temperance Street to
"C1 -1 " to reflect existing commercial uses .
d) Change the "C5" zoning of Part of Lot 15, B.F.C. ,
Darlington to "M1 " to conform with the Official
Plan.
Schedule 4
a) Add an "Rl " symbol to the lands to the north of the
"R1-11 " Special Provision to correct schedule.
b) Change the "HR-1 " zone for those lands located in
Lot 34, Concession 3, Darlington fronting on Nash
Road to "Rl " zone to reflect existing uses.
Schedule 5
a) Change the "(H)M1 " zone to "A" on those lands on the
west side of Toronto Street designated Major Open
Space by the Newcastle Village Official Plan.
b) Change the "A-11 " zone on Highway No. 2, Part of Lot
27, Concession 1 to "C4-8" to recognize existing
trailer sales and trailer park.
ATTACHMENT NO. 1 TO STAFF REPORT PD-179-84
31 . Schedule 7
a) Delete the "(H)RH" zone designation on the lands in
Part of Lot 17 and 18, Concession 5, Darlington,
Hamlet of Hampton to conform with the Durham
Regional Official Plan.
Schedule 10
a) Delete the "(H)RH" zone designation on the lands
located in Part of Lots 8 and 9, Concession 7,
Darlington, Hamlet of Tyrone to conform with the
Durham Regional Official Plan.
Schedule 18
a) Delete the "(H)RH" zone designation on Lot 19,
Concession 2, Darlington, Hamlet of Maple Grove to
conform with the Durham Regional Official Plan.
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A D D E N D U M TO REPORT NO. PD-179-84
COUNCIL MEETING OF OCTOBER 22, 1984
Following preparation of Staff Report PD-179-84, Staff
received a further submission from the Regional Municipality
of Durham in respect of Section 3.7d. of By-law 84-63. This
submission was received after the appeal date and expresses
concern about the wording of Section 3.7d. and requests that
the Section be amended to refer to existing lots of record
only.
Staff are not recommending the change to By-law 84-63
inasmuch as the wording of this Section was intended to
facilitate infilling on private roads and development within
areas covered by condominium plans or site plan agreements.
We respectfully suggest that control of severances rests
with the Land Division Committee and inasmuch as they are
charged with the responsibility of having regard for
official plan conformity, the zoning by-law need not unduly
restrict such development from occuring if, in the opinion
of the Land Division Committee, the merits of the individual
circumstance warrant approval having had regard for the
official plan policies. To change the wording would require
a rezoning application in such situations.
Staff would also note that an amendment to Schedule 2 is
required to correctly identify the limits of a property
which were previously zoned "Special Purpose Commercial " and
which are incorrectly shown on the map. This change effects
the "C4" zoning on Part of Lot 28, Concession 4, geographic
Township of Clarke as previously approved by By-law 84-71 .
This addendum is respectfully submitted for consideration as
part of rt PD-179-84.
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T.T. Edwards, M.C. I.P.
Director of Planning
TTE*iin