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HomeMy WebLinkAboutPD-161-82 4 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 12, 1982 REPORT NO. : PD-161 -82 SUBJECT: OBJECTION TO BY-LAW 82-105, BEING A BY-LAW TO REZONE CERTAIN LANDS IN PART OF LOT 8, CONC. 7, HAMLET OF TYRONE - CLERKS FILE: 60.35.168 PLANNING FILE: Z-A-1-11 -12 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-161 -82 be received; and 2. That the following Resolution be adopted by Town Council and submitted to the Ontario Municipal Board along with By-law 82-105. "WHEREAS the Council of the Town of Newcastle has approved By-law 82-105 to amend By-law 2111 , as amended, as a result of their consideration of an application for such an amendment submitted by the respective property owners; AND WHEREAS the effect of By-law 82-105 will be to change the zone designations of the lands subject to By-law 82-105 from "R2-Residential " to "Special Provision By-law 82-105" to permit the development of seven (7) single family residential lots created by approved plan of �� subdivision 18T-77067; r t Report No: PD-161 -82 . ../2 AND WHEREAS By-law 82-105 has been approved in conformity with the applicable policies of the Durham Regional Official Plan; AND WHEREAS the principle of the development of the land subject to By-law 82-105 for residential purposes has been established in the Tyrone Hamlet Plan and with the approval of draft plan of subdivision 18T-77067; BE IT NOW THEREFORE RESOLVED that the Town of Newcastle hereby requests the Ontario Municipal Board to approve By-law 82-105 notwithstanding the objection received and further requests the Ontario Municipal Board to convene any required public hearing in respect of By-law 82-105 at the earliest possible opportunity; and Further hereby authorizes Town staff and/or the Town Solicitor to represent the Municipality at any such hearing that may be convened. BACKGROUND: On June 3rd, 1982, the owners of the land affected by By-law 82-105 applied for an amendment to By-law 2111 , as amended, of the former Township of Darlington. The purpose of the application was to implement approved draft plan of subdivision 18T-77067, the purpose of which was to permit the creation of seven (7) single family residential lots on a 2.83 hectare (6.99 acre) parcel of land in the Hamlet of Tyrone. The proposed By-law amendment would allow a "Special Provision By-law" for this site to allow the development of the lots. i Report No: PO-161 -82 .../3 The application was circulated by Town staff and comments received during circulation were detailed in Report PD-125-82. The staff recommendation contained in Report PD-125-82 was that a By-law amendment be forwarded to Council for approval . Staff Report PD-125-82 was endorsed by General Purpose and Administration Committee Resolution GPA-918-82, and zoning by-law amendment 82-105 was adopted by Council on July 28th, 1982. COMMENTS: As a result of the Clerk's circulation of By-law 82-105, one letter of objection was received. This letter, dated * September 13th, 1982, as attached, was submitted by Mr. and Mrs. Edward Ryzek, the owners of property adjacent to the subject lands. The objections set out by the subject letter are as follows : - the subject rezoning will reduce the value of Mr. Ryzek 's property; - the subject rezoning will destroy the peace and quiet Mr. Ryzek and his wife have enjoyed since purchasing their property thirteen years ago; - the subject rezoning will increase the flow of traffic and consequently increase the risk of accidents; - the subject rezoning will increase the incidence of vandalism in the area; Report No: PD-161 -82 /4 j - many of -the homes will be left vacant because of high commuting costs and high mortgage rates. In summary, Mr. and Mrs. Ryzek are objecting to the development of the subject lands. However, the principle of the development of these lands for residential purposes has been established by the Tyrone Hamlet Plan and by the approval of draft plan of subdivision 18T-77067. Staff must, therefore, recommend that By-law 82-105 be forwarded to the Ontario Municipal Board for approval . Respectfu ted T. T. Edwards, M.C. I.P. Director of Planning JAS*TTE*mjc S tember 23, 1982 R rSEP 14 IV F XCrJCAS1UV R.R. #5 DENARTMENr Bowmanville, Ontario L1C 3K6 September 13, 1982 Corporation of the Town of Newcastle Office of the Town Clerk 40 Temperance Street Bowmanville, Ontario L1C 3A6 Attention: Mr. David W. Oakes, A.M.C.T, Dear Sirs: - Re: Restricted Area By-Law No. 82-105 To Rezone Lands Situate at Part of Lot-.._, Cone. 7, former Darlington. My wife and I both object to the rezonin; of the above mentioned property for the following reasons: 1. It will devaluate our property. 2. It will destroy the peace and private whi4�h we iseeked when we purchased the property and have enjoye�T �e11r---'t-�}�y��rs, 3. It will increase flow of t ;"&,a"1soquetit!li-Aiereasing risk of accidents. I 4. It will increase vandalism 5. With the inflationary condi ions people-QUP hn' d commuting to be more costly than anticipated, a1 11 rtga'96 money will create situations whereby the home -vscant-;- Please feel free to contact me 8187 should you wish to discuss this farther. incerely, ER:lm Edward Ryzek,