HomeMy WebLinkAboutPD-39-85 4
CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director
HAMPTON,ONTARIO LOB UO TEL.(416)263.2231
REPORT TO THE SPECIAL COUNCIL MEETING OF MARCH 4, 1985
REPORT NO.: PD-39-85
SUBJECT: COMPREHENSIVE ZONING BY-LAW 84-63
APPEAL BY PYTHBOW DEVELOPMENTS LIMITED
OUR FILE: Pln 4.1
RECOMMENDATION:
It is respectfully recommended -to Council the following:
1 . That Staff Report PD-39-85 be received; and
* 2. That the Staff be authorized to submit the attached
draft by-law amendments for Ontario Municipal Board
consideration in response to the appeal submitted by
Pythbow Developments Limited in respect of By-law
84-63.
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REPORT NO. : PD-39-85 Page 2
BACKGROUND AND COMMENTS:
Among the appeals submitted in respect of By-law 84-63 was an
objection filed by Pythbow Developments Limited to the "Special
Purpose Commercial " zoning and the "Environmental Protection"
Zone as contained within said by-law. As a result of the Ontario
Municipal Board Hearing held in November of last year and the
decision of that Board dated February 11 , 1985, the Official Plan
designation of "Special Purpose Commercial " was confirmed and
thus, the zoning as contained within By-law 84-63 is in
conformity therewith.
By letter of February 11 , 1985, the Solicitor for the appellant
requested the lifting of the (H) Holding prefix and an adjustment
to the "Environmental Protection" zone boundary as a condition of
withdrawing their appeal . The (H) Holding prefix is intended to
ensure that a site is adequately serviced prior to development
occurring. Since the site can now be serviced by municipal water
and sanitary sewer, the appellant requests -the deletion of this
(H) Holding provision. Similarly, the limits of the
"Environmental Protection" zone reflect the Regional Floodplain
for the Bowmanville Creek, however, through prior approvals
issued by the Central Lake Ontario Conservation Authority, an
adjustment to this line has been granted and the appellant is
requesting that this be reflected in the zone boundary.
Staff have no difficulty with this request and have drafted an
* amendment to By-law 84-63 (Attachment 1) which we would propose
to submit to the Ontario Municipal Board at the Hearing
commencing on March 11 , 1985.
. . .3 j
REPORT NO. : PD-39-85 Page 3
However, Regional Planning Staff have verbally expressed a
concern with respect to the lifting of the Holding prefix. In
that regard, Staff and the applicant's solicitor are attempting
to resolve this conern prior to the Hearing. If unsuccessful , it
would necessitate resolution of the Pythbow appeal by the Ontario
Municipal Board. This, then, becomes an issue relative to
Regional servicing policies and Staff do not propose to support
one side or the other. We have, however, prepared an alternate
By-law amendment should Pythbow not be able to convince the Board
that the Regional requirements are inappropriate. (Attachment 2)
It is the Staff recommendation that the Town of Newcastle offer
no objection to the removal of the Holding prefix; and that Staff
submit, to the Board, the attached draft By-law amendments for
consideration during the course of the Hearing.
If Council concurs with this approach, it would be appropriate to
approve the Staff recommendations.
Respectful 'tted,
T.T. Edwards, M.C.I.P.
Director of Planning
TTE*jip
*Attach.
February 25, 1985
cc: J. Goldenberg
Fogler, Rubinoff
Suite 1400
150 York Street
TORONTO, Ontario
M5H 3T1
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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.
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MAYOR CLERK
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This is Schedule "X" to By-law 85- ,
.passed this day of A.D. 1985.
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220.67 N.72024'45 E.
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G.B. Rickard, Mayor ZONE CHANGE TO "C 5°
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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.
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MAYOR CLERK
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This is Schedule "X" to By-law 85- ,
passed this day of A.D. 1985.
Rood Allowance Between Broken Front Concession And Concession I ( Qase Line)
220.67 N.72024'45'E.
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G.B. Rickard, Mayor ZONE CHANGE TO °(H)C511
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D.W. Oakes, Clerk 5om 10
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Key Map -Former Town of Bowmanvllle T
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