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.
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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.
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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
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