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Home My WebLink AboutPD-152-85 - i 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 GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF OCTOBER 21, 1985 REPORT NO. : PD-152-85 SUBJECT: OFFICIAL PLAN AMENDMENTS - TOWN OF NEWCASTLE OUR FILE: 85-33/ND/NB/NV RECOMMENDATION: i It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-152-85 be received; and 2. That the Regional Planning and Development be advised that the Town of Newcastle is opposed to the modification summarized by Section 4.3i ) of Commissioner' s Report 85-175 and that the Town requests the Committee to delete, in its entirety, Section 1.14 of Amendment No. 22 to the Darlington Official Plan as recommended by the Commissioner's Report 85-175 and to substitute for Map "A" referenced therein, the proposed Schedule "A" as submitted by the Town of Newcastle by letter dated July 23, 1985; and 3, That Regional Planning Committee be requested to consider a further modification to the proposed Amendment No. 22 to the Darlington Official Plan to add thereto a new Section 2.1.3 as follows: "Council may, by by-law passed pursuant to Section 34 of the Planning Act, 1983, authorize the temporary use of land, building or structures for any purpose otherwise prohibited by this Plan or by by-law, provided that Council .. .2 REPORT NO. : PD-152-85 Page 2 is satisfied that such temporary use is compatible with the surrounding uses and is not located on highly productive agricultural lands. A by-law authorizing a temporary use shall define the area to which it applies and specific the time period for which the authorization shall be in effect. Said time period not to exceed three (3) years from the date of passing of such a by-law". BACKGROUND AND COMMENT: As the members of Committee will recall , on July 22, 1985, Council approved a number of proposed amendments to the Darlington Official Plan, the Bowmanville Official Plan and Newcastle Village Official Plan and forwarded same to the Region of Durham for approval . On September 6, 1985, Staff received a preliminary draft of the Regional Planning Commissioner's Report in respect of the subject amendments, which report proposed a number of modifications to the amendments. These modifications were reviewed with Regional Planning Staff at a meeting convened on September 12, 1985 and Staff agreement was reached in respect of the majority of the proposed modifications with the remaining unresolved issue being the status of the proposed landuse schedule. As approved by Council , the proposed amendment included a landuse schedule which repeated for the most part, the landuse designations contained in the Regional Official Plan and identified areas of the Town for which greater detail was provided on other schedules to the Plan. The modification proposed by Regional Staff would make the landuse schedule an information map only, and as such, it would not form part of the Official Plan. . ..3 REPORT NO. : PD-152-85 Page 3 By letter of September 24, 1985, Staff reaffirmed of the Town's position with respect to including Schedule "A" as part of the Plan and registering opposition to the proposed modification. At the Regional Planning Committee meeting of October 15, 1985, Commissioner's Report 85-175, in respect of the subject Official Plan amendments, was considered. Said report proposed a this modification to the Town' s amendments which effectively removed Schedule "A", the landuse structure plan, from the amendment and proposed its inclusion for information purposes only. Inasmuch as Staff felt that this was a substantive deviation from the Town' s intent, we attended the Regional Planning Committee meeting and requested that the matter be tabled to permit Council of the Town of Newcastle an opportunity to review the proposed modification and provide a formal response to same. This request was accepted by the Planning Committee and the matter has been tabled pending receipt of Council 's comments. In this regard, Staff would summarize the issue as being one of differing Planning philosphy. Regional Staff feel that a landuse structure plan, as proposed by the Town, represents a unnecessary duplication of Map "A5" to the Durham Regional Official Plan. Town Staff, on the other hand, are of the opinion that detailed landuse designations should be the sole responsibility of the local municipality and, therefore, should form an integral part of a local Official Plan. In fact, Section 16.4.2 of the Regional Official Plan clearly indicates that Council , of an area municipality, must have regard for the detailed pattern of landuses among other things when preparing an Official Plan. While Staff acknowledge that, the proposed landuse schedule duplicates designations contained within the Regional Plan, it is our intention, as part of our ongoing work program, to recommend further amendments to the local Official Plan, as provided for by .. .4 C C� REPORT NO. : PD-152-85 Page 4 the Regional Official Plan, which amendments would further detail the Town' s Policies in respect of specific landuse designations which, in our opinion, should be identified by a schedule to the Plan and form part of the Plan. Following this approach could ultimately result in the repeal of certain portions of the Regional Official Plan as they are replaced by the detailed provisions of a local plan. Inasmuch as it is Staff's opinion that a Regional Official Plan should provide generalized landuse designations and policies to provide guidance to local municipalities, consistent with Section 16.4.2 of the Regional Official Plan, we cannot support a modification to the local plan which would further erode local jurisdiction and autonomy in respect of Planning matters. Based upon the foregoing, Staff recommend that the Region of Durham Planning and Development Committee be advised that the Town does not support the proposed modification to Amendment No. 22 to the Darlington Official Plan as summarized by Section 4.3(i ) of Commissioner' s Report 85-175, and that Section 1.1.4 of proposed Amendment No. 22 to the Darlington Official Plan be deleted and that Schedule "A" as proposed by the Town of Newcastle be substituted for the Map "A" as proposed by Regional Staff. In addition to the foregoing, Staff would also recommend that a further modification be considered by Regional Planning Committee in order to add a new Section 2.1.3 to the proposed amendment in respect of "Temporary Use" by-laws. In that regard, it would be desirable to include, within the Strategic Policy section, a policy authorizing Council to pass Temporary Use By-laws as permitted by the Planning Act, 1983. By letter of October 10, 1985, Staff have submitted a proposed wording to the Region as follows: . . .5 REPORT NO. : PD-152-85 Page 5 "Council may, by by-law passed pursuant to Section 34 of the Planning Act, 1983, authorize the temporary use of land, building or structures for any purpose otherwise prohibited by this Plan or by by-law, provided that Council is satisfied that such temporary use is compatible with the surrounding uses and is not located on highly productive agricultural lands. A by-law authorizing a temporary use shall define the area to which it applies and specific the time period for which the authorization shall be in effect. Said time period not to exceed three (3) years from the date of passing of such a by-law". It would be appropriate for Council to endorse this request in order to expedite certain applications for temporary use zoning currently under consideration by the Town. Respectfully submitted, A/J, T.T. Edwards, M.C.I .P. Director of Planning TTE*j i p October 15, 1985