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Home My WebLink AboutPD-121-85 FI L Re Nn....:.:- 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 GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF SEPTEMBER 3, 1985 REPORT NO. : PD-121-85 SUBJECT: AMENDMENT TO ZONING BY-LAW 84-63 SPECIAL EVENTS - SECTION 3.22(c) OUR FILE: Pln. 4.1 RECOMMENDATION: i It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-121-85 be received; and * 2. That Staff Report PD-77-85 (copy attached) , be lifted from the table and dealt with at this time. i BACKGROUND AND COMMENTS: On June 3; 1985, the General Purpose and Administration Committee * considered Staff Report PD-77-85 (copy attached) in respect of the proposed repeal of Section 3.22(c) of By-law 84-63. That report was tabled for two (2) months to allow investigation into other matters relating to this issue. It was Staff's understanding that the tabling motion was intended to permit Mr. Coombes to submit an application for rezoning which has not been i done to this date. Staff note, however, that we have received * the attached letter from Mr. Coombes' Solicitor and a copy of the * Staff' s response is included herewith. i . . .2 .f CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1J0 TEL.(416)263-2231 August 15, 1985 Pocock, Rogers, O'Callaghan Continental Court Building Suite 5064 3080 Yonge Street TORONTO, Ontario M4N 3N3 ATTENTION: Mr. Ian MacF. Rogers Q.C. Dear Sir: RE: THISTLE VALLEY PARK - "TRACTOR PULL" JAMES COOMBES OUR FILE: Pln. 5.1 CLERK'S FILE: 60.35.6 I am in receipt of a copy of your letter dated July 15, 1985 to the Town Clerk. I note therein your client's position with respect to the use of his lands and the Town' s Zoning By-law. In that regard, I note that By-law 84-63, which contains the questionable Section 3.22(c), was approved by Council of the Town of Newcastle on September 10, 1984. The Board Order in respect of appeals thereto was issued on July 19, 1985. Your letter indicates that Mr. Coombes wishes to be permitted to use the land for Tractor Pulls and that that use had been in existence for the past five (5) years. I note that I am not aware of any authorization granted by the Municipality for those Tractor Pulls and can confirm that the predecessor zoning to By-law 84-63 did not permit the use of the lands for those purposes. The first attempt to sanction the use, that I am personally aware of, was made by Mr. Coombes pursuant to the provisions of the new by-law and Section 3.22(c) . That section was of general application and it is my recommendation to Council that it be repealed as ultra vires. I do not believe that there is any responsibility upon the part of the Municipality to pass a Zoning By-law to permit this use which does not enjoy a legal non-conforming status. Should Council approve By-law 85-57 to repeal Section 3.22(c) of By-law 84-63, the effect of same would not be limited to special events proposed by Mr. Coombes, but to all special events. . . .2 r POCOCK, ROGERS, O'CALLAGHAN BARRISTERS AND SOLICITORS JOSEPH A.POCOCK,O.0 IAN MACF. ROGERS,O.C. TELEPHONC:(416) 482-6155 JOHN E O'CALLAGHAN CONTINENTAL COURT BUILDING COUNSEL SUITE 5064 JONATHAN H.MARLER 3090 YONGE STREET TORONTO,CANADA M4 N 3 N 3 July 15 , 1985 r 40 \ David Oakes, Esq. �` 6' i Clerk k/ Town of Newcastle Municipal Offices Newcastle, Ontario LOA 1HO Dear Mr, Oakes: \� RE: Thistle Valley Park James Coombes We are solicitors for the above, who owns Thistle Valley Park located on part of Lot 8 Concession in the former Township of Darlington. As you know, on the application of Mr. Coombes made by letter of February 21, 1985, at a meeting of Council held on March 11, 1985, pursuant to S . 3 . 22 (c) of By-law 84-63 permission was granted to hold a Tractor Pull at the park on June 22, and 23, 1985 , After receiving a letter from solicitors for a neighbouring owner, Lorne Lodge, alleging that the exempting clause providing for special events was illegal and, apparently after consulting its own solicitors , Council passed a resolution at a meeting held on April- 22, 1985, declaring -that the authorization to hold a Tractor Pull is "denied" . Presumably by such resolution the intention of Council is to rescind its earlier authorization rather than deny it. Mr. Coombes was informed of this by your letter dated April 23, 1985 and also of Council ' s intention to repeal S . 3 . 22 (c) . Mr. Coombes has been charged with a contravention of the zoning by-law. The hearing of this case has been adjourned until September, we understand. C C fo(4 ) POCOCK, ROGERS, O 'CALLAGHAN - 2 - July 15, 1985 At a public hearing held by Council to consider the proposed re- pealing by-law, Mr. Coombes attended together with other citizens to oppose the repeal, at which time Council tabled the matter. It has been suggested by your Planning Department and by the Mayor, we understand, that Mr. Coombes make application for an amendment to the By-law to authorize the specific use of the Park for purposes of a Tractor Pull and similar activities . Mr. Coombes does not feel that it is incumbent upon him to apply for an amendment, but rather it is up to Council to amend the By-law on its own initiative. Acting on the advice that the provision respecting temporary uses was illegal, we feel that it is Council's responsibility to replace it with a provision that it is legal under the Planning Act, 1983. The position is not that Mr. Coombes is asking for a new use to be made of his property, but to be allowed to continue to use"'park for this special event as it has been used for the past five years under the authorization granted from time to time under S . 3 . 22 (c) of the By-Law. It would seem unfair, we wish to point out, that Mr. Coombes should be asked or expected to bear the expense of a formal amendment application in the circumstances. As you know S. 38 of the 1983 Act specifically authorizes by-laws respecting temporary uses for periods of up to three years. This pro- vision would seem to be appropriate statutory authority for Council to enact such by-law. We would ask that this request be put before Council and that we be notified of the meeting at which it is to be dealt with. Yours very truly, POCOCK, ROGERS, O'CALLAGHAN IMR:efw - i .1111 ,. ;^ • - i--` . . _..-- L' an i ^FILE-—� l !� �• Mr. Ian MacF. Rogers, Q.C. August 15, 1985 Paget You refer to Section 38 of the Planning Act, 1983 which authorizes temporary use by-laws and, while I would agree that provides statutory authority for Council , it is incumbent upon your client to make application for an amendment to the by-law at which time his proposal would be subject to a review by the Staff of the Town subject, of course, to compliance with the provisions of the Regional Official Plan which would permit such a use provided that it is compatible with its surroundings. I note for your information that, while it is my preference that a clause similar to Section 3.22(c) be contained in the by-law, it is obviously without legal authority and as such, should be repealed. As you are aware, Council tabled the matter for two (2) months at its meeting of July 3rd, 1985 and inasmuch as the next meeting of Council is not until September 3rd, 1985, that will be the date that By-law 85-57 is considered. Should you wish to appear as a delegation to Council , 1 would suggest that you contact the Clerk' s Office prior to August 28, 1985 in order to be placed on the agenda. I trust that the foregoing information is of assistance. Yours truly;- , J T.T. Edwards, M.C.I.P. Director of Planning TTE*jip I i I i i� C REPORT NO.: PD-121-85 Staff feel that it would be appropriate to lift PD-77-85 and deal with same at this time. Respectfully_ submitted, T.T. Edwards, M.C.I .P. Director of Planning TTE*j i p *Attach. August 15, 1985 Solicitor: Pocock, Rogers, O'Callaghan Continental Court Building Suite 5064 3080 Yonge Street TORONTO, Ontario M4N 3N3 ATTENTION: Mr. Ian MacF. Rogers, Q.C. I i i