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HomeMy WebLinkAboutPD-176-84 (b) 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 NOVEMBER 5, 1984 REPORT NO. : PD-176-84 SUBJECT: PROPOSED AMENDMENT TO THE DURHAM REGIONAL OFFICIAL PLAN - HOLDING SYMBOLS IN ACCORDANCE WITH THE PROVISIONS OF SECTION 35 OF THE PLANNING ACT (1983) RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following : 1 . That Report PD-176-84 be received; and 2. That the Regional Municipality of Durham be advised that the Town of Newcastle has no objection to the proposed amendment to the i Durham Regional Official Plan in respect of the use of Holding symbols subject to incorporation of the modifications proposed by Staff Report PD-176-84. ...2 U cb� REPORT NO. : PD-176-84 Page 2 BACKGROUND AND COMMENT: On September 19, 1984 Town Staff met with Staff of the Durham Regional Planning Department to discuss Town of Newcastle Zoning By-law 84-63. Also present at that meeting was a representative of the Ministry of Municipal Affairs and Housing. At that time a possible concern was identified relative to By-law 84-63 and the need for an amendment to the Durham Regional Official Plan to facilitate use of the Holding provisions which were incorporated into By-law 84-63 in accordance with the intent of the Planning Act. As a result of those discussions, Regional Staff indicated that they would initiate preparation of such an amendment and, on October 16, 1984, Commissioner's Report 84-178 was considered and approved by the Regional Planning and Development Committee. Following therefrom, the Town of Newcastle was requested to provide formal comments in respect of the proposed amendment. In that regard, the proposed amendment was prepared in close co-operation with Town Staff and we are generally satisfied that the form of the amendment will achieve our objectives relative to use of the Holding symbol in By-law 84-63. We would suggest , however, that a further condition be imposed relative to removal of the Holding symbol to ensure "that the lands and proposed uses will be adequately protected from any physical or man-made hazards or conditions associated with the lands". This condition would be appropriate in those instances where flood limits, steep slopes, or landfill may affect the use of lands. .. .3 I REPORT NO. : PD-176-84 Page 3 Staff are, therefore, recommending that the Region be advised that the Town has no objection to the proposed Official Plan Amendment subject to the foregoing modifications. Respectfully submitted, T.T. Edwards, M.C.I.P. Director of Planning TTE*j i p October 12, 1984 WIN)) ourH. — b) Planning Department Commissioner's Report to Planning Committee Report No. 84-178 Date: October 16, 1984 SUBJECT USE OF THE HOLDING SYMBOL IN ACCORDANCE WITH THE PROVISIONS OF SECTION 35 OF THE PLANNING ACT (1983) RECOMMENDATIONS I. THAT the Planning Committee authorize staff to advertise in the appropriate newspapers that the Planning Committee and Regional Council will be considering an amendment to the Durham Regional Official Plan in accordance with Appendix I to Commissioner's Report No. 84- 178; and 2. THAT Commissioner's Report No. 84-178 be forwarded to the area municipalities for input. REPORT 1. The Durham Regional Official Plan presently contains provisions which allow lands to be zoned for agricultural use or placed in a holding category until such time as the Council of the local municipality is satisfied that development can proceed in accordance with their designated use. This traditional approach to zoning land where the specific use of land is not known is still valid. 2. Section 35 of the Planning Act, 1983 contains a new provision which enables a local municipality to zone to. identify precise uses that are ultimately intended for specific lands but to delay the actual development of the lands until identified conditions are met. This is accomplished by using the holding symbol "H" or "h" in conjunction with a specific zoning category in a zoning by-law. 3. Before a municipality can utilize this new provision, the Planning Act requires that the municipality have Official Plan policies relating to the use of the holding symbol . This is necessary because the passing of a by-law to remove the "H" or "h" symbol is not subject to the same appeal process as a regular zoning by-law amendment. The policies, therefore, serve to inform the public regarding how they may be affected by the use of the symbol . i i 27 Commissioner's Report No. 84-178 Page 2 lb� 4. The Town of Newcastle is presently in the process of preparing a comprehensive zoning by-law for the municipality and wishes to take advantage of this provision in the new Planning Act. Newcastle, however, does not presently have complete Official Plan coverage and, therefore, cannot satisfy the policy requirement. In a meeting attended by staff from the Town, the Ministry of Municipal Affairs and Housing, and the Region, Ministry staff suggested that it would be appropriate to amend the Durham Regional Official Plan to address this provision of the Planning Act. This would enable the Town of Newcastle to proceed with the preparation of the by-law and would also allow other local municipalities to take advantage of this provision prior to inclusion of appropriate policies in the respective local official plans. 5. It is noted that an amendment to the Durham Regional Official Plan to include polices with regard to the use of the holding symbol will not preclude the inclusion of similar policies in the local official plans if the respective municipalities so desire. 6. A proposed amendment is attached as Appendix I . /Gu Dr. M. Michael , M.C. I.P. NC/LK Commissioner of Planning Attachment: Appendix I RECOMMENDED FOR PRESENTATION TO COMMITTEE D. R. Evans, P. Eng. C.A.O. I 28 Cb) APPENDIX I TO COMMISSIONER'S REPORT NO. 84- 178 PROPOSED AMENDMENT TO THE DURHAM REGIONAL OFFICIAL PLAN PURPOSE: The purpose of this amendment is to address the provisions of Section 35 of the Planning Act, 1983 which enables the use of the holding symbol in a zoning by-law. BASIS: The proposed policies serve to notify the public regarding the use of the holding symbol in conjunction with a zoning classification. ACTUAL The Durham Regional Official Plan is hereby amended by adding .AMENDMENT: new paragraphs to the end of Section 16.6.4 such that the policy now reads as follows (new paragraphs underlined): "16.6.4 No provision of this Plan shall be deemed 'to require the Councils of the area municipalities forthwith to zone all lands in the planning area in order to permit immediate development of such lands for their designated use. Some of the areas designated for particular uses in this Plan may, in the zoning by-law, be zoned for agricultural use or placed in a holding category, pending their being zoned for their designated uses at such time that the Council of the respective area municipality is satisfied that the resulting development will be adequately serviced and will not be premature, provided that any such agricultural or other holding by-laws: a) Shall not freeze the use of the subject lands but shall permit a limited range of uses compatible with the provisions of this Plan; and b) Shall establish conditions for removing the holding category in order to permit development in accordance with the designated use in the applicable official plan and/or the zoning by-lAw. In addition, in accordance with Section 35 of the Planning Act, 1983, the Council of a local area municipality, when passing zoning by-laws, may, by the use of the holding symbol "H" or "h", in conjunction with any use designation, specify the use to which lands, buildings or structures may be put at such time in the future as the holding symbol is removed by amendment to the by-law. ^ n _ 2 _ The symbol may be utilized in situations where the specific use of land has been determined in accordance with the provisions of this Plan but the details of development remain outstanding. These may include situations where plans of subdivision or development proposals have been approved subject to conditions The use of the symbol in such circumstances will serve to prevent or limit the use of land in order to achieve orderly or phased development and to ensure that matters such as servicing, roads, design, financial considerations, and any other requirements that the Councils having ,jurisdiction may hav(i, have been provided to their satisfaction. When the Council of a local municipality passes a_ by-law utilizing the symbol `H` or `h` to place land in a holding category such by-law shall specify the uses that may be permitted while the holding symbol is in place. Generally, such uses shall be limited to existing uses or other uses such as agriculture in conformity with this Plan as the Council of the local municipality deems appropriate under the circumstances. Prior to passing "b -law to remove the holding symbol , the Council of the local municipality shall ensure that: a) the development is consistent with the orderly and phased development of the municipality; b) the owner has satisfied all of the requirements of the local municipality and entered into any necessary agreements in this regard; and C) the owner has satisfied all the requirements of the Regional Municipality of Durham with respect to the provision of sewer and water services and regional roads and entered into any necessary agreements in this regard. I 30