HomeMy WebLinkAboutPD-178-86 TOWN OF NEWCASTLE
REPORT
File # �,�•���=
Res. #
-- - By-Law #
MEETING: General Purpose and Administration Committee
DATE: Monday, July 7, 1986
REPOT #: PD-178-86 FILE #: DEV 85-36
W&JECT: OBJECTION TO BY-LAW NO. 86-62; BEING A BY-LAW
TO REZONE CERTAIN LANDS IN PART LOT 12,
CONCESSION 2, FORMER TOWN OF BOW MANVILLE
OUR FILE: DEV 85-36 CLERK'S FILE: 60.35.261
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-178-86 be received; and
2. THAT the following resolution be adopted by Council and forwarded to the Ontario
Municipal Board, together with a copy of By-law No. 86-62 and the Registered
Development Agreement between the Town and the applicant:
"WHEREAS the Council of the Town of Newcastle has approved By-law No. 86-62 to
amend Zoning By-law 84-63, as amended, being the Town 's Comprehensive Zoning
By-law as a result of their consideration of an application for such an
amendment, submitted by the property owner;
AND WHEREAS the effect of By-law No. 86-62 was to change the zone designation
of the land subject to By-law No. 86-62 from "General Commerci al (Cl) " to
"Urban Residential Exception (R4-6 )" Zone to permit the use of the subject
lands for a thirty-three (33) unit apartment building;
AND WHEREAS By-law No. 86-62 has been approved in conformity with the
applicable policies of the Durham Regional Official Plan and Amendment No. 4
to the Official Plan for the Bowmanville Urban Area;
AND WHEREAS an objection to By-law No. 86-62 has been filed with the Clerk of
the Town of Newcastle;
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REPORT NO.: PD-178-86 Page 2
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BE IN NOW THEREFORE RESOLVED THAI' the Town of Newcastle hereby
requests the Ontario Municipal Board to convene any required public
hearings in respect of By-law No. 86-62 at the earliest possible
opportunity"; and
3. Furthermore, that Town Staff and/or the Town Solicitor be hereby
authorized to represent the municipality at any such hearing that may
be convened.
BACKGROUND AND COMMENT:
On May 12, 1986, Council approved By-law No. 86-62 to rezone a 0.24 hectare �
parcel of land on Queen Street in Bowmanville to permit the development of a
thirty-three (33) unit apartment building proposed by Veltri and Son
Limited. phis By-law was approved in compliance with the applicable !
policies of the Durham Regional Official Plan and Amendment No. 4 to the
Official Plan of the Bowmanville Urban Area. Amendment No. 4 to the
Bowmanville Official Plan was approved on April 23, 1986 and has been
forwarded to the Minister of Municipal Affairs for approval .
The appeal period for By-law No. 86-62 expired on June 16, 1986 and one
objection, being from the Region of Durham, was received. The basis of the
Region' s objection is that the owner of the property has not as of yet
satisfied the Region's requirements for the proposed development and
therefore, the proposal has been deemed to be premature. The Region has
indicated that the appeal will be withdrawn upon execution of an agreement
between the Owner and the Region.
In recent discussions with Town Staff, Regional Planning Staff have
indicated a concern with respect to the payment of Regional Development
Charges. Town Staff have advised the Region that the Town will endeavor to
include within the Town 's Development Agreement with the applicant, a clause
requiring the payment of Regional Charges prior to the issuance of a
building permit for the proposed development. Such a clause has been
included in the Development Agreement (Section 16 ) which was forwarded to
. . .3
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REPORT NO.: PD-178-86 Page 3
* the applicant; a copy of said Agreement is attached hereto. The Agreement
has not been registered as of the writing of this Report. However, Staff
expect that the Agreement will be registered within the near future.
I
In consideration of the above, Staff therefore recommend that By-law No.
86-62 and a copy of the registered Development Agreement between the Town
and the applicant be forwarded to the Ontario Municipal Board for a hearing.
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Respectfully syrbmi"tted,
rr
T.1 . Edwards, M.C.I .P.
Director of Planning
JAS*TTE*j ip
*Attach.
June 24, 1986
cc: Mr. M. Vel tri
Veltri and Son Limited
1038 Pinetree Court
OSHAWA, Ontario
L1K 1P4
cc: Region of Durham
Planning Department
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER H6-62
"
being a By-law to amend By-law 84-63, as amended, of the
Corporation of the Town of Newcastle.
WHEREAS the Council of the Corporation of the Town of Newcastle deems f
it advisable to amend By-law 84-63, as amended, of the Corporation of
the Town of Newcastle.
i
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of
the Town of Newcastle, enacts as follows:
1 . Section 15.4, is hereby amended by adding thereto, the
tollowing new Subsection 15.4.6 as follows:
"]5.4.fi URBAN RESIDENTIAL EXCEPTION (R4-6) ZONE
Notwithstanding Section 15.2, those lands zoned "Ra-6" on the
Schedules to this by-law shall be subject to the following zone
regulations:
i
a) Density (maximum) 140 units per hectare
b) Yard Requirements (minimum)
i ) Front yard 10.5 metres
ii) Interior Side yard 9.0 metres
iii) Rear Yard 10.5 metres
c) Dwelling Unit Area (minimum)
i) One Bedroan Owel ling Unit 4F square metres
d) Building Height (maximum) 20 metres
2. Schedule "3" to By-law 84-63, as auiecded, is hereby further
amended by changing to "RA;-b" the zone designation of the lands
indicated as "ZOME CHANGE To R4-6" as indicated on the attached
Schedule "X" hereto.
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, subject to the provisions of Section 34 of the Planning AcL. {
BY-LAW read a first time this 12th day of May 19RA
BY-LAW read a second time this 12th day of May 1986
BY-LAW read a third time and finally passed this 12th day of
Mdy ?986.
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This is Schedule "X" to Byvb 86- 62
passed this 12L11 day of aj_ 1986 A.D.
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