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HomeMy WebLinkAboutPD-129-83 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 COUNCIL MEETING OF SEPTEMBER 12, 1983 REPORT NO: PD-129-83 SUBJECT: SUBJECT OBJECTIONS TO BY-LAW NO. 83-95 BONDHEAD RESIDENTIAL CLUSTER OUR FILE: DEV 83-21 RECOMMENDATION: It is respectfully recommended that Council approve the following resolutions : 1 . That Staff Report PD-129-83 be received; and 2. That the attached amendment to By-law No. 83-95 be approved; and 3. That By-law No. 83-95 as amended, be forwarded to the Ontario Municipal Board for approval and that the Ontario Municipal Board be requested to approve same without recirculation or hold a hearing in respect of same at the earliest possible opportunity, bearing in mind that the provision of water services to Boulton Street is a priority of the Council of the Town of Newcastle and the Regional Municipality of Durham and that the subject by-law implements the provisions of the Durham Regional Official Plan with respect to the provision of water services within this area. BACKGROUND: On June 27th, 1983, Council considered and approved By-law No. 83-95 being a by-law to amend By-law No. 79-44 as amended to g permit residential infillin in the area designated as Bondhead by the Durham Regional Official Plan ' and to facilitate installation of water services to residents along Boulton Street. . . .2/ REPORT NO. : PD-129-83 Page 2 The subject by-law was circulated on July 13th, 1983 and prior to the last date for objection August 4th, 1983, the Clerk's Department received one letter of objection and one petition containing fourteen (14) signatures siting various objections to the proposed by-law. With respect to the * single letter, attached is a copy of our response to the objector's solicitor. With respect to the petition, on August 24th, 1983, the area Regional Councillor convened a meeting with a number of residents from the Bondhead area to discuss the objections in an attempt to clarify the purpose and effect of the zoning by-law and if possible resolve the concerns of the residents. At the said meeting it was indicated that most of the individuals who had signed the petition were in favour of withdrawing their objections based upon the explanations provided by staff. Subsequent discussions however, indicated that a number of the individuals would only be in favour of withdrawing provided an amendment was made to the by-law to identify fifty (50) as the maximum number of units permitted within this zoning area and to restrict the lot frontage to a minimum of sixty (60) metres or two hundred (200) feet. However, an evaluation of such a change indicated that the potential for creating new lots on an infill basis would be reduced from thirteen (13) to two (2) lots, thus circumventing the intent of the entire by-law. Further discussions between staff and residents indicated that many of the residents were no longer in favour of a sixty (60) metre frontage, but still objected to a forty (40) metre frontage and would prefer something in the order of fifty-three (53) metres (175 feet) . A further evaluation of this possibility, assuming the maximum number of road closures possible, indicated that a change of this nature could be accommodated and the objectives of the Official j Plan and the zoning by-law still achieved provided a frontage of fifty (50) metres (164 feet) were used. . . .3/ REPORT NO. : PD-129-83 Page 3 On September 8, 1983 two letters were delivered to the * Planning Department (copies attached) indicating in one case unconditional withdrawal of objections and in the other case withdrawal conditional upon a frontage of fifty-three (53) metres (175 feet) and lot area of 0.31 ha (0.78 acres) . Staff have reviewed the effect of these changes and are not in a position to recommend an amendment as requested inasmuch as such changes would undetermine the intent of the By-law. However, in view of the objections raised, staff are willing to recommend an amendment which would have the effect of placing a maximum on the number of lots possible within the Bond Head area as well as increase the lot frontage to fifty (50) metres (164 feet). While the by-law as amended, would not make as many of the existing lots legal , it does offer a reasonable solution to the concerns of the area residents. On that same point I would note that any existing lots do not comply, and that predate the by-law, would remain legally non-conforming. Staff note that without the unconditional withdrawal of all of the objectors, the By-law must be approved by the Ontario Municipal Board. Council may wish to consider recirculating the By-law if amended, however, staff feel that since the amendments are intended to address the concerns of the objectors, that the Board may be willing to dispose of any requirement for recirculation. Having considered all of the objections, staff have prepared * the attached by-law amendment and would recommend that it be approved by Council and forwarded to the Ontario Municipal Board forthwith accompanied by a request that the Board . ..4/ REPORT NO. : PD-129-83 Page 4 consider and approve By-law No. 83-95 as amended without recirculation of the by-law inasmuch as the proposed amendment has been made in the response to the objections of the residents of this area. Respec 1 tted T.T. Edwards, M.C. I.P. Director of Planning TTE*j i p *Attach. i * i i THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 83 - being a By-law to amend By-law No. 83-95 of the Corporation of the Town of Newcastle which by-law amends By-law No. 79-44, as amended, of the Town of Newcastle, to permit residential infilling in the area designated as Bondhead by the Region of Durham Official Plan and to facilitate installation of water services on Boulton Street in accordance with the provisions of said plan; WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend Restricted Area By-law No. 83-95, as amended of the Town of Newcastle; NOW THEREFORE, the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Section 2 to By-law No. 83-95 as amended, is hereby amended by adding to Subsection 1.1 "Defined Areas", the following sentence: "Notwithstanding any provision of this By-law to the contrary, the maximum number of lots permitted within the defined area shall be fifty (50)." 2. Section 2 to By-law No. 83-95 is hereby further amended by changing Subsection 1.3(b),"Lot Frontage Minimum" from forty (40) metres to fifty (50.0) metres. 3. This By-law shall come into effect on the date hereof, subject to the provisions of Section 39(11) of the Planning Act. BY-LAW read a first time this day of 1983. BY-LAW read a second time this day of 1983. BY-LAW read a third time and finally passed this day of 1983. MAYOR CLERK I I