HomeMy WebLinkAboutPD-40-85 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 SPECIAL COUNCIL MEETING OF MARCH 4, 1985
REPORT NO. : PD-40-85
SUBJECT: REGIONAL MUNICIPALITY OF DURHAM APPEAL OF
ZONING BY-LAW 84-63
OUR FILE: Pln. 4.1
RECOMMENDATION:
It is respectfully recommended:
1 . That Report PD-40-85 be received; and
* 2. That Staff be authorized to submit the attached draft
by-law amendment for consideration by the Ontario
Municipal Board at the Hearing commencing March 11 ,
1985 in respect of By-law 84-63 upon receipt of the .
Region's written Withdrawal of Appeal in respect of
Section 3.9 of By-law 84-63; and
3. That Town Staff be authorized to advise the Ontario
Municipal Board that the Town of Newcastle does not
oppose the "Residential Cluster-RC" zoning on Part of
Lot 22, Concession 3, geographic Township of
Darlington and subject to the Ontario Municipal Board
ruling would be willing to repeal By-law 84-156.
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REPORT NO. : PD-40-85 Page 2
BACKGROUND AND COMMENTS:
As the Members of Council are aware, one of the outstanding
appeals in respect of By-law 84-63 was submitted by the Regional
Municipality of Durham relative to the provisions of Section 3.9
in respect of Holding Zones. While Staff have, in the past,
recommended a number of amendments to Section 3.9 of By-law 84-63
at the request of the Region of Durham, notwithstanding these
previous amendments the Staff of the Regional Planning Department,
after consultation with Staff of the Ministry of Municipal Affairs
and Housing have requested a further revision to this section of
the By-law. The requested amendment would, in the opinion of
Regional Staff, better secure the Region 's position relative to
Development Agreements and Development Charges. While Town Staff
do not share the Region's concerns relative to the present wording
of the by-law, in the interest of resolving this issue, we are
again prepared to recommend the requested revision to Council .
In that regard, Staff have prepared a draft by-law amendment
suitable for submission to the Ontario Municipal Board as part of
the Town's response to the outstanding Regional appeal . Staff
* are, therefore, requesting authorization to submit the attached
draft by-law amendment to the Ontario Municipal Board, and that
the Board be requested to amend By-law 84-63 accordingly upon
receipt from the Regional Municipality of Durham of their
withdrawal of their appeal filed in respect of Section 3.9.
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As Council may also recall , one of the Region 's other appeals was
in respect of the "Residential Cluster Zoning" in Part of Lot 22,
Concession 3, former Township of Darlington. In response to that
appeal , the Town passed By-law 84-156 on January 28, 1985. The
last date for filing of appeals was March 4, 1985 and, in that
regard, one appeal was filed by Mr. W. Mills. Mr. Mills is
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REPORT NO. : PD-40-85 Page 3
objecting to the change from "RC-Residential Cluster" to
"A-Agricultural" on the basis that the previously proposed zoning
would have completed an existing residential node or cluster in
the vicinity of the Maple Grove West Public School and that
development is physically limited on the east by the Ontario Hydro
powerline right-of-way. When the Region's appeal was originally
considered, Staff were directed by Council to review the matter
further with the Region in an effort to retain this area as
"Residential Cluster". However, as a result of those discussions,
Staff had to reluctantly concur with the Regional position based
upon a strict interpretation of the Regional Plan in respect of
infilling.
In this regard, Staff note that our original recommendation was
for approval of a "Residential Cluster" zone and we would not be
in a position to strongly argue the case on behalf of the Region
of Durham. We, therefore, see this as a matter best resolved at
the Ontario Municipal Board with the onus being placed on the
Regional Planning Staff to make a case in favour of the change in
zoning to "Agricultural ".
Staff would, therefore, suggest that the Town offer no opposition
to retention of the "Residential Cluster" zoning with our position
in respect of By-law 84-156 being, simply, that the by-law was
passed in response to the Regional appeal based upon the Regional
Staff interpretation of the Official Plan.
Respectf a 7itted,
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T.T. Edwards, M.C.I .P.
Director of Planning
TTE*jip
*Attach.
February 28, 1985
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 85-
being a By-law to amend By-law 84-63, as amended, of the Town of
Newcastle.
WHEREAS the Council of the Corporation of the Town of Newcastle
deems it advisable to amend By-law 84-63, as amended.
NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of
the Town of Newcastle enacts as follows:
1. Section 3.9 "Holding Zone", as amended, is hereby further
amended by deleting the word "and" following the word "lands" in the
seventh line and replacing same with a "comma", and by deleting the
words "and/or the Regional Municipality of Durham" in the last line
and replacing same with the words "and the Owner has satisfied all of
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".
2. This By-law shall come into effect on the date of passing
hereof, subject to the provisions of Section 34 of the Planning Act.
BY-LAW read a first time this day of 1985
BY-LAW read a second time this day of 1985
BY-LAW read a third time and finally passed this day of
1985.
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MAYOR CLERK
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ATTACHMENT 1
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 85-
being a By-law to amend By-law 84-63, as amended, of the Town of
Newcastle.
WHEREAS the Council of the Corporation of the Town of Newcastle
deems it advisable to amend By-law 84-63, as amended.
NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of
the Town of Newcastle enacts as follows:
1. Section 5.2 Special Exceptions - Environmental Protection (EP)
Zone, as amended, is hereby further amended by adding Subsection
5.2.2 as follows:
"5.2.2 ENVIRONMENTAL PROTECTION EXCEPTION (EP-2) ZONE
Notwithstanding Section 5.1 , those lands zoned EP-2 on
the Schedules to this by-law may, in addition to the
uses permitted in the Environmental Protection (EP)
Zone, be used for a parking area."
2. Schedule "3" to By-law 84-63, as amended, is hereby further
amended by changing the zone designation from "(H)C5"-Special Purpose
Commercial and "EP"-Environmental Protection to "C5"-Special Purpose
Commercial Zone and "EP-2"-Special Exception Environmental Protection
Zone as indicated on the attached Schedule "X" hereto.
3. This By-law shall come into effect on the date of passing
hereof, subject to the provisions of Section 34 of the Planning Act.
BY-LAW read a first time this day of 1985
BY-LAW read a second time this day of 1985
BY-LAW read a third time and finally passed this day of
1985.
MAYOR CLERK
This is Schedule "X" to By-law 85 - ,
passed this day of A.D. 1985.
Road Allowance Between Broken Front Concession And Concession 124,(4Q
ase Line )
220.67 N. 72° 5 E.
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G.B. Rickard, Mayor ZONE CHANGE TO "C 51'
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Key Map -Former Town of Bowmanville
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ATTACHMENT 2
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 85-
being a By-law to amend By-law 84-63, as amended, of the Town of
Newcastle.
WHEREAS the Council of the Corporation of the Town of Newcastle
deems it advisable to amend By-law 84-63, as amended.
NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of
the Town of Newcastle enacts as follows:
1. Section 5.2 Special Exceptions - Environmental Protection (EP)
Zone, as amended, is hereby further amended by adding Subsection
5.2.2 as follows:
"5.2.2 ENVIRONMENTAL PROTECTION EXCEPTION (EP-2) ZONE
Notwithstanding Section 5.1 , those lands zoned EP-2 on
the Schedules to this by-law may, in addition to the
uses permitted in the Environmental Protection (EP)
Zone, be used for a parking area."
2. Schedule "3" to By-law 84-63, as amended, is hereby further
amended by changing the zone designation from "EP"-Environmental
Protection to "(H)C5"-Special Purpose Commercial Zone and
"EP-2"-Special Exception Environmental Protection Zone as indicated
on the attached Schedule "X" hereto.
3. This By-law shall come into effect on the date of passing
hereof, subject to the provisions of Section 34 of the Planning Act.
BY-LAW read a first time this day of 1985
BY-LAW read a second time this day of 1985
BY-LAW read a third time and finally passed this day of
1985.
MAYOR CLERK
This is Schedule "x" to By-law 85 - ,
passed this day of A.D. 1985.
Road Allowance Between Broken Front Concession And Concession I ( Lase Line )
220 67 N. 72 024 45 E.
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204.49 HIGHWAY 401
(SEAL) N a90 o8.
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G.B. Rickard, Mayor ® ZONE CHANGE TO "(H)C5'�
WIN iiiiiiiiiiiiiiiii�illill-
0 25 50 loom��
50m 10
D.W. Oakes, Clerk
0 250 500m
Key Map -Former Town of Bowmanviile
200
LOT 16 LOT 15 LOT 14 LOT 13 LOT 12 LOT I I LOT 10 LOT 9 LOT 8
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 85-
being a By-law to amend By-law 84-63, as amended, of the Town of
Newcastle.
WHEREAS the Council of the Corporation of the Town of Newcastle
deems it advisable to amend By-law 84-63, as amended.
NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of
the Town of Newcastle enacts as follows:
1. Section 3.9 "Holding Zone", as amended, is hereby further
amended by deleting the word "and" following the word "lands" in the
seventh line and replacing same with a "comma", and by deleting the
words "and/or the Regional Municipality of Durham" in the last line
and replacing same with the words "and the Owner has satisfied all of
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".
2. This By-law shall come into effect on the date of passing
hereof, subject to the provisions of Section 34 of the Planning Act.
BY-LAW read a first time this day of 1985
BY-LAW read a second time this day of 1985
BY-LAW read a third time and finally passed this day of
1985.
MAYOR CLERK