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Home My WebLink AboutPD-167-88 DN: 167-88 A, Fpeer .�er '" TOWN OF NEWCASTLE REPORT File # e) _gs Res. # �. By-�aw # MEETING: Council DATE: Monday, July 25, 1988 REPORT #: PD-167-88 FILE #: SUBJECT: PLANNING STUDY OF AREA BOUNDED BY DARLINGTON PROVINCIAL PARK, DARLINGTON GENERATING STATION, LAKE ONTARIO AND HIGHWAY NO. 401 AND INTERIM DEVELOPMENT CONTROL BY-LAW RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report PD-167-88 be received; and 2. THAT Planning Staff be directed to commence a Study of the land use planning policies for the Area generally bounded by Darlington Provincial Park, Darlington Generating Station, Lake Ontario and Highway No. 401; and 3. THAT the Interim Control By-law attached hereto be passed; and 4. THAT Notice of the by-law be forwarded to property owners within the affected area and within 120 metres of the area to which the by-law applies pursuant to Ontario Regulation 405/83 made under the Planning Act, 1983; and 5. THAT a copy of the by-law be forwarded to the Commissioner of Planning, Region of Durham and to the Director of Plans Administration Branch of the Ministry of Municipal Affairs; and 6. THAT a copy of this Report be forwarded to the Region's Commissioner of Planning. . . .2 / / REPORT 0O. : lD+'I67-88 PAGE % ------------------------------------------------------------------------------- I. INTRODUCTION: 1.1 The area generally bounded by Highway No. 40I, Lake Ontario, Darlington Provincial Pack and Darlington Generating Station has been designated as "Special Study Area #lln in the Durham Regional official Plan since it's approval by Regional Council in 1976. Section 15.1I of the Cmcbam Regional Plan states that "careful study is required in order to determine compatible land ooea in the ocean. 1.2 The entire Study Area is of crucial significance to the Town. Changes in land use can be expected in the immediate future. It is urgent that both the Town and the Region have appropriate laud use planning policies in respect to the Study Area to ensure their interests will be secured when changes occur. Recently, I have written the Region reiterating the Town's desire to have a study undertaken for Special Study Area #ll immediately. Since the Town has the responsibility to prepare m District Plan and of passing of Zoning By-Iow" it is also both appropriate and necessary for the Town to study its land use planning policies for the Study Area. 2. NEEDS FOR THE STUDY / 2.1 The proposed Study Area is in close proximity to the urban areas of Oshawa and Courtice. Apart from the auto auction operation and the service station, the area is predominantly agricultural. 2^2 Within the last few years, there have been uOmecooa enquiries from industries and developers no to the possibility of developing this Area for a variety of uses. High land nuot and shortage of industrial laud elsewhere in Durham Region have increasingly rendered this Area eoDeoially attractive for development. | ! REPORT NO. : PD-167-88 PAGE 3 -------------------------------------------------------------------------------- 2.3 The Area posessess excellent exposure to Highway No. 401, a condition often sought by proponents for such uses as hotel, office, and prestigious type industrial developments. Highway No. 401 and Courtice Road Interchange provide excellent access to this area. All of these conditions collectively created development pressure which should be dealt with by the Town in a reasonable manner. In this regard, the Town should now address the overall future planning for this area and an immediate study must be undertaken. 2.4 In addition, Council will recall that in my report with respect to comments on the Region's Discussion Paper on Industrial Policy Review, I have highlighted that the Town will have an industrial land shortage problem in five (5) years time if no action is undertaken to maintain a continuous supply of industrial land in the Town. Staff believe that this area has good potential to bring in additional industrial land and firmly believe that it is timely to commence study of this area. i 3. PASSING OF AN INTERIM CONTROL BY-LAW 3.1 In order to ensure that inappropriate uses will not prejudice the continuing availability of now existing planning options during the study period, it is prudent that Council pass an Interim Control By-law covering the Study Area. 3.2 The legislative authority to pass an Interim Control By-law is contained in Section 37 of the Planning Act which allows the municipality to restrict development during the period when the Interim j Control By-law is in effect. The Planning Act stipulates that the By-law can only be in effect for a period of one (1) year. Council, however, can, by by-law, extend the effective period for a second year. .. .4 I REPORT 00. : 9D-167-88 PAGE 4 _______________________________________________________________________________ 4. CONCLUSION: 4.1 When the recommended Study of land use planning policies for the Study Area has been completed and proposed laud use policies have been adopted by Town Council, the policies will be recommended to the Region either as m District Plan or as an amendment to the Regional Official Plan. 4.2 Upon endorsement by Council of the recommendations contained herein, Staff will commence the study immediately and will be advising Council from time to time as to the progress of the Study. Respectfully submitted, Recommended for presentation to the Committee 41nrative______________ Frouhliu Wu Lawceu aeff Direotoc of PIaooiog & Developneut Cbief 7d h Officec FW*jiD *Attach. July IO, 1988 PLANNING ACT, 1983 NOTICE OF THE PASSING OF AN INTERIM CONTROL BY-LAW BY THE CORPORATION OF THE TOWN OF NEWCASTLE TAKE NOTICE that the Council of the Corporation of the Town of Newcastle passed By-law No. on the 25th day of July, 1988, under Section 37 of the Planning Act, 1983. AND TAKE NOTICE that pursuant to Section 37(4) of the Planning Act, 1983, any person or agency may appeal to the Ontario Municipal Board in respect of the by-law by filing with the Clerk of the Corporation of the Town of Newcastle not later than the 23rd day of September, 1988, a notice of appeal setting out the objection to the by-law and the reasons in support of the objection. AND TAKE NOTICE that pursuant to Section 37(2) of the Planning Act, 1983, the Council of the Corporation of the Town of Newcastle has the authority to extend the period during which the by-law will be in effect to a total period not exceeding two (2) years. EXPLANATION AS TO PURPOSE AND EFFECT OF INTERIM CONTROL BY-LAW NO. 88- The Purpose and Effect of this By-law is to prohibit the use of land, buildings or structures within the affected area generally described as being bounded by the Darlington Generating Station, Darlington Provincial Park, Lake Ontario and Highway No. 401, shown as such on the schedule attached to this By-law for any purpose other than one for which it was lawfully used on July 25, 1988. As an exception, an addition to the existing auto auction building may be constructed and used provided that it does not exceed 200 of the floor area contained in the existing building. Council has directed, by resolution, a study be undertaken in respect of land use planning policies for the affected area. i DN: INT/C THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 88- being an Interim Control By-law passed pursuant to Section 37 of the Planning Act, 1983. WHEREAS the Council of the Corporation of the Town of Newcastle, at its meeting held on July 25, 1988, directed a Study be undertaken for the Area generally bounded by Darlington Generating Station, Darlington Provincial Park, Highway No. 401, and Lake Ontario; and WHEREAS the Council of the Corporation of the Town of Newcastle deems it necessary to prohibit any further development and building activities in the said area; NOW THEREFORE the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Notwithstanding the provisions of Comprehensive Zoning By-law 84-63, the area identified as "Land Affected by By-law" as per the attached Schedule "X" shall be subject to the provisions of this Interim Control By-law. No person shall within the "Land Affected by By-law" use any land, building or structure for any purpose other than for a purpose for which the land, building or structure was lawfully used on July 25, 1988. 2. Notwithstanding Section 1 of this By-law, an addition to the building located on that portion of the land to which this by-law applies which was used for auto auction purposes on July 25, 1988 and is zoned "M-2" under By-law 84-63, may be erected and used for auto auction purposes provided the "floor area", as defined in By-law 84-63, which is contained in the addition does not exceed twenty percent (20%) of the floor area contained in the aforesaid building. 3. Schedule "X" attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of passing hereof, and shall remain in effect for a period of one (1) year from the date of passing hereof. BY-LAW read a first time this day of 1988 BY-LAW read a second time this day of 1988 BY-LAW read a third time and finally passed this day of i i 1988. MAYOR CLERK i • • QA -n �• ��ll BL - - Oo Mel T7 M AM DO • • w. y - --- • � �� • ��"iii ice / • Z/�