HomeMy WebLinkAboutPD-131-86 REPORT #3
TOWN OF NEWCASTLE
u REPORT File # 46., 35 .
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By-Law #,�'6 (
MEETING: Council
DATE: Monday, May 1.2, 1966
REPORT #: PD-131-66 FILE #: Pin 4.1
SUBJECT: APPEAL BY REGIONAL MUNICIPALITY OF DURHAM
TO ZONING BY-LAW 86-41
RECOMMENDATIONS:
It is respectfully recommended to Council the following:
I. THAT Report PD-131-86 be received; and
* 2. THAT the attached by-law to amend By-law 86-41 be approved; and
* 3. THAT the attached by-law to amend By-law 84-63 in respect of lands located in
Part Lot 29, Concession 2, geographic Township of Clarke be forwarded to
Council for approval at such time as the necessary Official Plan Amendment
has been approved by the Regional Municipality of Durham; and
4. THAT the Regional Municipality of Durham be advised of our actions and
requested to withdraw their objection to By-law 86-41 forthwith; and
5. THAT the Ontario Municipal Board be advised of these actions and requested to
approve By-law 86-41, as amended, at the earliest possible opportunity.
. . .2
REPORT NO.: Pp-1.31-86 Page 2
BACKGROUND AND COMMENTS:
At the Council meeting of March 24, 1986, Zoning By-law 86-41 was
approved by Council . Said by-law outlined numerous amendments to By-law
84-63, the Town's Comprehensive Zoning By-law. The last date for filing
appeals in respect of said by-law was April 28, 1986. As a result of the
circulation of the by-law, the Regional Planning Department filed a
Notice of Objection to Paragraph 18 of the By-law which had the effect of
rezoning Part of Lot 29, Concession 2, geographic Township of Clarke from
"Agricultural Special Exception One (A-1.) " to "Rural Cluster (RC) ". The
area subject of the proposed amendment is currently occupied by numerous
non-farm residential dwellings with limited opportunities for infilling
between the existing non-farm residential development and the Canadian
Pacific Railway which forms the northern boundary of the Newcastle
Village Small Urban Area.
Consideration for including this within the Zoning By-law as a
residential Node or Cluster arose from a request by residents in that
area for extension of municipal water service north beyond its present
terminus along Regional Road No. 17. Subsequently the Regional Public
Works Committee resolved to take no action in respect of the requested
extension. Notwithstanding this, the Regional Planning Department is
processing an amendment to the Durham Regional Official Plan as a result
of Council ' s request to provide for such an extension. Staff proposed
this rezoning pursuant to the provisions of Section 1.6.6.5 of the Durham
Regional Official Plan in order to recognize an existing residential Node
or Cluster. The Region is objecting on the basis that the area is
designated "Permanent Agriculture Reserve" by the Durham Regional
Official Plan and that the proposed zoning change would be premature
until the proposed Official Plan Amendment has been dealt with by
Regional Council .
. . .3
REPORT NO.: PD-131-86 Page 3
While Staff feel that Section 16.6.5 of the Durham Regional Official Plan
would permit us to zone to permit the continuation, expansion or
enlargement of an existing residential rural Cluster, we do not wish to
see the balance of the by-law amendments delayed pending the necessary
Ontario Municipal Board hearing. We are therefore recommending that this
section of the By-law be deleted and that a separate by-law dealing with
this question be approved by Council at such time as the Region has dealt
with the necessary Official Plan Amendment.
Respectful 1-y-s-ubmi tted,
T.T. Edwards, M.C. I.P.
Director of Planning
TTE*j ip
*Attach.
May 6, 1986
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 86-
being a By-law to amend By-law 86-41, as amended, of the Corporation of the
Town of Newcastle.
WHEREAS the Council of the Corporation of the Town of Newcastle deems it
advisable to amend By-law 86-41, of the Corporation of the Town of Newcastle;
NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the Town of
Newcastle enacts as follows:
I. Paragraph 18 of By-law 86-41 is hereby deleted in its entirety.
X '
2. Schedule "X-5" to By-law 86-41 is hereby deleted in its entirety.
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, 1983. -
BY-LAW read a first time this day of . 1986
BY-LAW read a second time this day of 1986
BY-LAW read a third time and finally passed this day of
1986.
MAYOR
CLERK
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 86-
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 it
advisable to amend By-law 84-63, as amended, of the Corporation of the Town of
Newcastle;
NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the Town of
Newcastle enacts as follows:
I. Schedule 2 of By-law 84-63 is hereby amended by changing to "Residential
Cluster (RC)" zone, the zone designation of the lands so indicated'bn Schedule
"X-1" attached hereto.
2. This By-law shall come into effect on the date of passing hereof subject
to the provisions of Section 34 of the Planning Act, 1983.
BY-LAW read a first time this day of 1986
BY-LAW read a second time this day of 1986
BY-LAW read a third time and finally passed this day of
1986.
MAYOR
i
CLERK
i
i
This is Schedule"X- 1" to By-law 86 - ,
passed this day of , 1986 A:D.
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