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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. i I . . .2 i 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. i 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 . . .3 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, i T.T. Edwards, M.C.I .P. Director of Planning TTE*jip *Attach. February 28, 1985 i 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. I MAYOR CLERK I I I i l 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. C a� 0 Z 3 a o o '�' 0L c Q ro N_ 0 J Li,N C 132.17 N.70051'20'1E. m N.g3 ag U ' \ 3 0 Q 0 ? O �i� / sso- ss, so. / I (SEAL) N 34.08 204'49 401 HIGHWAY 890 w 08 ZONE CHANGE TO "EP-2 G.B. Rickard, Mayor ZONE CHANGE TO "C 51' J 0 25 50 100m ' 1 D.W. Oakes, Clerk 50"' 10 `� 0 250 500, Key Map -Former Town of Bowmanville 200 LOT 16 LOT 15 LOT 14 LOT 13 LOT 12 LOT I I LOT 10 LOT 9 LOT 8 L f SUBJECT .40, SITE � Z 0 Z w I_ 1 cr M I 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. CL c a� O 0 Z 3 � o o � Oro M z r � C Q N mJ v o N N 132.17 N.70°51'20°E. 3 0 M S2 a� \ 3 0 Q -0 0 0 So 70 ss. so, 204.49 HIGHWAY 401 (SEAL) N a90 o8. w 08 ZONE CHANGE TO EP-2 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 - ol� Liu C� SUBJECT .401 SITE _ o o: U_ Uj I i O I � � � m 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