HomeMy WebLinkAboutPD-257-86 TOWN OF NEWCASTLE /
t REPORT File #
Res. #
By-Law #
(STING: General Purpose and Administration Committee
DATE: Monday, November 3, 1986
REPORT #: PO-257-86 FILE #: DEV 86-21
aRJECT: OBJECTION TO BY-LAW NO. 86-116; BEING A BY-LAW TO REZONE CERTAIN
LANDS IN PART LOT 28, CONCESSION 5, FORMER TOWNSHIP OF CLARKE (MONO)
OUR FILE: DEV 86-21; CLERK'S FILE: 60.35.293
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-257-86 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 86-116:
"WHEREAS the Council of the Town of Newcastle has approved By-law No. 86-116
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. 86-116 was to change the zone designation
of the land subject to By-law No. 86-116 from "Urban Residential Exception
(R1-2) Zone" to "Urban Residential Exception (R1-13) Zone" to permit the
development of three (3) residential lots on private water services;
AND WHEREAS By-law No. 86-116 has been approved in conformity with the
applicable policies of the Durham Regional Official Plan;
AND WHEREAS an objection to By-law No. 86-116 has been filed with the Clerk of
the Town of Newcastle;
BE IT NOW THEREFORE RESOLVED THAT the Town of Newcastle hereby requests the
Ontario Municipal Board to convene any required public hearings in respect of
By-law 86-116 at the earliest possible opportunity"; and
. . .2
REPORT NO.: PD-257-86 Page 2
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 April 4, 1986, the Planning Department received an application submitted
by Floyd Nicholson Construction Limited to rezone a 1 .104 hectare parcel of
land located in Part Lot 28, Concession 5, former Township of Clarke
(Orono) , to permit the development of three (3) residential building lots
with private water supply. The zoning in effect at the time (R1-2) requires
new development to be serviced by municipal water.
In accordance with departmental procedures, the proposed rezoning
application was circulated to all affected Town Departments and outside
agencies for their comments. The Region of Durham Works Department was
unable to advise at the time, if sufficient capacity existed in the
municipal water system to service the proposed lots. The Region of Durham
Health Unit originally recommended denial of the application for three (3)
lots due to lack of area for sewage disposal , but indicated no objection to
the development of the one existing lot on private water services.
Staff forwarded Report PD-150-86 to the General Purpose and Administration
Committee meeting of June 2, 1986. The Public Meeting with respect to the
rezoning application was also held on June 2, 1986. An area resident
representing other property owners in the area spoke in opposition to the
proposed rezoning. The applicant's solicitor requested that the matter be
tabled pending further dialogue with the Regional Health Unit. Committee
resolved (Resolution #GPA-541-86) that the application be tabled for further
dialogue. On June 9, 1986, Council subsequently endorsed the Committee's
decision (Resolution #C-497-86).
. . .3
REPORT NO. : PD-257-86 Page 3
On July 21, 1986, the Town received a letter from the Region of Durham
Health Unit advising that the rezoning application had been re-investigated,
and approval for three (3) lots recommended conditional upon certain
requirements with respect to the wells and septic systems being registered
on title of the subject lots. Staff forwarded Report PD-199-86 to the
September 2, 1986 Committee meeting recommending approval of a by-law to
rezone the subject lands which would permit the development of three (3)
lots on private water services. Committee resolved (Resolution #GPA-771-86)
to approve the recommendation in the Staff Report, and on September 8, 1986
Council approved By-law No. 86-116 to rezone the subject lands.
Staff note that the Health Unit' s concerns with respect to requirements
being registered on title were included by Staff in the Town' s Conditions of
Approval on the related Land Division applications.
As the result of the Town Clerk 's circulation of By-law No. 86-116, one
* letter (attached) in objection to the by-law was received prior to the
expiry of the appeal period on October 14, 1986. The letter expresses a
concern with the increased potential for flooding resulting from the
construction of septic systems on the lands subject of By-law No. 86-116.
Planning Staff are satisfied that the concerns related to the servicing of
the proposed lots have been adequately addressed through the Region of
Durham Health Unit' s review of the rezoning application, and note that the
rezoning only changes the provision of water supply to the subject lands and
not the manner of sanitary waste disposal . Staff further note that the
objectors did not appear as a delegation at the Public Meeting in respect of
the rezoning, nor did they contact Town Staff to express their concerns with
the application.
. . .4
REPORT NO.: PD-257-86 Page 4
It is therefore recommended that Council adopt a resolution to forward
By-law No. 86-116 to the Ontario Municipal Board for a hearing.
Respectf mitted,
T.T. Edwards, M.C. I.P .
Director of Planning
JAS*TTE*jip
*Attach.
October 22, 1986
CC: Floyd Nicholson Construction Ltd.
R.R. #4
LINDSAY, Ontario
K9V 4R4
CC: Mr. & Mrs. D. Gordon
Pigott Lane, Box 143
ORONO, Ontario
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THE CURPURATION OF THE ]OWN OF NEWCASTLE
BY-LAW NUMBER 86- 116
being a by-law to aaiend By-law 84-63, the Comprehensive Zoning
By-law of the Corporation of the Town of Newcastle.
WHEREAS the Council of the Corporation of the Town of Newcastle deems
t. .
it advisable to amend by-law 84-63, as amended, of the Corporation of
the Town of Newcastle. 3-
NOW THEREFURE BE IT RESULVEO THAT the Council of the Corporation of
the Town of Newcastle enacts as follows:
1. Schedule "13" to By-law 84-63, as amended, is hereby further
amended by changing to "R1-13" the zone designation of the lands
indicated as "ZONE CHANGE TO R1-13" on the attached Schedule "X"
hereto.
2. Schedule "X" attached hereto shall form part of this by-law.
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.
BY-LAW read a first time this 8th day of September 1986
BY-LAW read a second time this 8th day of September 1986
BY-LAW read a third time and finally passed this 8th daffy of
September 1986.
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