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4 9
CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT L.L. KRISTOF, M.C.I. P., Director
HAMPTON, ONTARIO LOB 1JO TEL. (416) 263-2231
TO: Chairman and Members of the REPORT NO: P-1-79
Planning & Development Committee DATE: January 31, 1979
SUBJECT: Ontario Municipal Board Hearing, By-law Number 78-85,
Mrs. Mickle
1. Background
The attached By-law Number 78--85, amended the Darlington
Zoning By-law by changing the zoning of Part of Lot 14, Concession
8, from "Greenbelt" to "R3". This By-law was approved by Council on
September 8, 1978.
Ontario Municipal Board regulations require that such a zoning
By-law amendment be circulated to the owners -of properties lying within
400 feet of the subject property, and that these owners be given 21 days
to file an objection to the By-law. A list of property owners was pre-
pared, using roll numbers obtained from the assessment mapping, and the
By-law was circulated by the Clerk's Department. No objections were
received within the stipulated 21 day time period, and the By-law was
approved by the Ontario Municipal Board on November 1, 1973.
After the By-law had received Ontario Municipal Board approval,
it was discovered that the owners of two properties immediately adjacent
to the land to be rezoned were not included in the circulation list.
-2 -
(This omission occurred as a result of the Assessment Mapping prepared
by the Provincial Assessment Department, which did not identify these
two parcels as separate properties but rather showed them as forming
part of the lands to the north.) One of these property owners advised
the Ontario Municipal Board that she had not received notification of
the proposed By-law amendment, and that she would have objected had she
been so notified.
Because the Municipality had not circulated the By-law in accord-
ance with its regulations, the Ontario Municipal Board, on November 28,
1973, rescinded the order approving the By-law. A hearing has been
scheduled for February 28, 1979 to hear the residents' objections to
the By-law.
2. Comments
The subject lands were zoned "Greenbelt" in the Darlington Zoning
By-law before the actual extent of the flood plain had been determined.
The floodplain mapping prepared for the Central Lake Ontario Conservation
Authority revealed that a portion of this property was indeed outside
of the floodplain of the Bowmanville Creek. We assume that, had this
mapping been available at the time the Darlington Zoning By-law was
under preparation, the portion of the site lying above the flood line
would have been zoned "R.3".
We also note that the Central Lake Ontario Conservation Authority
did not object to By-law 78-85. Since the By-law conforms with the
Durham Official Plan and is outside of the flood plain, we see no reason
why the By-law should not be approved.
N
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3. Recommendation
It is recommended that Planning staff and the Town Solicitor
be authorized to appear at the Ontario Municipal Board hearing of
February 23, 1979, in defense of By-law 73-35.
Respectful y submitted,
NJF:lb Leslie L. Kristof, M.C.I.P.
Director of Planning &D elopment
7
THE CORPORATION OF THE TOWN
OF NEWCASTLE
BY-LAW NUMBER 78- 85
A By-law to amend Restricted Area By-law
Number 2111 of the former Township of Darlington
WEREAS the Council of the Corporation of the Town of Newcastle deems
it advisable to amend Restricted Area By-law Number 2111, as amended,
of the former Township of Darlington.
NOW THEREFORE the Council of the Corporation of the Town of Newcastle
ENACTS as follows:
1. Map 9 of Schedule "A" to By-law 2111, as amended, is
hereby further amended by changing to R3 the zone desig-
nation of the lands indicated as "ZONE CHANGE TO R3" oh
the attached Schedule "X" hereto.
2, This By-law shall come into effect on the date hereof,
subject to receiving the approval of the Ontario Municipal
Board.
BY-LAW READ a first time this..1.1.*,day of.., sep,tember,,,......... A.D. 1978
BY-LAW READ a second time this. Jlt�...day of Sep,treAb x ............. A.D. 1978
BY-LAW READ a third time and finally passed this.. ?af.day of septe;nber.,,, „ 0
(Seal)
G. B. RICKARD,/Mayor
C L
J. M. MCI)toy, Clerk
SCHE DUL F tt x It
N
CONCESSIONS 7 and 9
mZone change to R .3'
THIS IS SCHEDULE
X To BY-LAW78_
THIS —17ch DAY OF' _tet:A
. - -i PASSE()
•�• 1978. j
Scale in feet 1$i= 50'
C. 0'' 20- 40
60`60 80
G.B. RICKAR,
Mayor
J M. M_C1 LRC (.itrk__.._
70135
Ontario Municipal Board
IN THi', jNIATTE1 OF oll 35
of The Planning Ict (R.S.O.
I T1 : C, - 3
97
- and -
IN THE J,1ATTL,R OF an.
by The Goriaration of tho Town
of "Cwco: tic For nalwoval of
ALs HostrIctud Arca my -mw 78-8,'j
APPOINTMENT FOR HWING