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HomeMy WebLinkAboutP-123-79 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D. N. Smith,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1JO TEL. (416)263-2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF August 9, 1979. REPORT NO. : P-123-79 SUBJECT: Solina Hamlet Development Plan Town of Newcastle - File: O-D-22 BACKGROUND: In February of 1978, Council adopted a District Plan for the Hamlet of Solina in accordance with the provisions of the Durham Regional Official Plan. The Council of the Regional Municipality of Durham subsequently approved the plan and passed By-law 47-78 which adopted Amendment 10 to the Official Plan for the former Township of Darlington. This Amendment was then forwarded to the Ministry of Housing for approval; however, in April of 1978 the Minister of Housing approved the Durham Regional Official Plan with modifications. The effect of this was to eliminate the need for an amendment to the local Official Plan if a hamlet development plan was adopted by the local Municipality in conformity with the policies of an existing approved Official Plan and Sections 10.4.1.2 and 10.4.1.4 of the Durham Regional Official Plan. The Solina Hamlet Plan conforms to these requirements and replaces and V 0i . ( ) - 2 - supplements portions of the existing Darlington Official Plan. In that regard, the relevant portions of the Darlington Official Plan should be repealed by Regional By-law, specifically the land use desig- nations for that hamlet. COMMENTS: In May of this year while attempting to ascertain the present status of Amendment 10, we were advised by Mr. R. Dolan of the Ministry of Housing that the amendment had not and would not be approved inasmuch as it was no longer a requirement of the Durham Regional Official Plan. He has since suggested that since the District Plan for the hamlet of Solina was being administered as a development plan, that the by-law adopting said plan should be amended to remove references to "District Plan" and replace them with "Development Plan" references. This amended by-law should also delete that section adopting the plan, leaving a by- law which only adopts Amendment 10 to the Darlington Official Plan. The purpose of the new by-law would, therefore, be to delete specific land use designations for Solina and replace them with a hamlet designation for which a development plan has been adopted. CONCLUSION: Since the approved District Plan for Solina is presently being administered as a Hamlet Development Plan, it is appropriate that proposed Amendment 10 to the Darlington Official Plan be approved in order to close our file. RECOMMENDATION: That the Planning and Development Committee recommend to Council the following: - 3 1. That this report be received; and that 2. The Region of Durham be requested to take any action necessary to resume active consideration of Amendment 10 to the Official Plan for the former Township of Darlington, inasmuch as said amendment is still necessary. Respectful submitted, TTE:lb D. N. Smith, M.C.I.P. August 1, 1979 JQY- Director of Planning THE CORPORATION OF THE V11 - M TOWN OF iYEV CASTLE C!el-tified True Copp Of Resolution # C-78-107 Ia1 caps tJr,�b 27Th d$y o� February . 1978 Moved by Councillor Dykstra, seconded by Councillor Allin. THAT the Plaruiing and Development Committee Chairman's Report of meeting held on January 23rd, 1978 be adopted except 1Eor Item Ado. ;8. "CARRIED" Certified True Copy of Resolution ;IC-78-108 passed on the 27th day of February, 1978. Moved by Cocincillor Dykstra, seconded by Councillor Holliday. 'MT Item No. 8 of the foregoing Report be approved, "CARRIED" b Certified True Copy Seal ` _--"-- J.M. McIlroy C c� T111'; Pf"'G.CO NAT, MUN.I:C,: f t)Ar,1'L'Y OL,' DUItIINII V i E - e4) Being a By-law to adopt and forward to the Minister_ of Iious:ing f_or approval the attached Exhibit 'A' being a Plan for the hamlet of Solina, which constitutes part of the District Plan for the District` Planning Arita of the Town of Newcastle, Regional Municipality of Durham, and th:� attached Exhibit 'B ' being Amendment Number 10 to the Official Plan for than portion of the Durham Planning Area which on the 31st day of L>e ..ember 1973 comprised the Township of Darlington. WHEREAS Section 61 (2) of the Regional Municipality of Du .-ham Act in part authorizes the Council of the Regional Municipality of Durham to pass a By-law to adopt and forward to the Minister of llc',.sing for approval a District Plan for .the District Planning Area . WHEREAS the Regional Municipality of Durham Act and the Pl,:nnincj Act as amended, authorizes the Regional Municipality of Durham to pass by-laws for the adoption of an Official Plan and amc-ndments thereto. NOW THEREFORE BE IT ENACTED AND IT IS HEREBY ENACTED as a E>y-law of the Regional Municipality of Durham through its Council the reof as follows: 1- That the attached Exhibit 'A' containing POLICIES AND Ii_ LJEIENTATION SECTIONS and Map Schedule 'A' for the Hamlet of Solina c'a'-st?tutzng Part of the - District Planning Area of the Town of NCI,,castle is hereby adopted. r---� 2 . That Amendment Number 10 to the Official Plan for that pa.':' Z:ion of the Durham Planning Area which on the 31st day of December 1973 comprised the Township of Darlington., being the attached Exhibit containing policies and Map Schedule 'A' , is hereby adopted- 3 .. That the Clerk of the Regional Municipality of Durham is hes: 'by authorized and directed to .Forward to the Minister of Housing for approval the above--mentioned Plan for the Hamlet of Solina being Pa!­-- of the District Plan of the Distri-3t Planning Area of the Town Of 1ewcastle and Amendment Number 10 to the Official Plan for that portion of the Durham Planning Area which on the 31st day of December comprised the Township of Darlington-" This By-law shall come into force and take effect on the din. l passing thereof . BY-)SAW read a first time this 1973 05 03. BY-] A6•v read a second time this 1978 0503. BY-9 AW read a third time and finally passed this 1978 05 03, Chairman Clerk ,l THE REGIONAL MU1NIcIPALITY 0 DURHAM t 1 ALANNING AND DEV'ELOPMEN'T DEPARTMENT 'N': F r(. MCAC)APAS, NI-C.1.P./Cominiss„�nt•r \ 105 CONSUMERS DROVE;P.O. BOx 623 V'/HtTBY,ONTAR10 t 1N GA3 TEL (416)669 7731 COMMISSIONER' S PEPORT NO. 78-107-P °:I`C Chairman and Members„ DATE : 1978 04 11 Planning and Development Committee SU 3JECT: DISTRICT PLJ�,N FOR T:?E H-IMLET OF SOLINA, TOWN OF NE'WCASTLI:, ,, AND AMENDME14T #10 TO THE OFFICIAL PLAN OF THE FORMER PLANNING AREA OF THE TOWNSHIP OF DARLINGTON (O. P.A. 165) 1U]:,OMMENDATION : a) THAT the Clerk be authorized to advertise in the appropriate newspapers that a meeting of Regional Council will be he-.(l on 1978 05 03 , at 10 : 00 in the Council Chambers to discu.:s the proposal. for Part of the District Plan for the District Planning Area of the Town of Newcastle - Hamlet of Solinz� . b) 'THAT Part of the District Plan for the District Planning Area of the Town of Newcastle - Hamlet of Solina, attach( ti to Commissioner ' s Report No. 78-107-P be displayed prior to the public meeting of 1978 05 03 . c) THAT Part of the District Plan for the District Flannina Area of the To(.,an of Newcastle -- Hamlet of Solina, be adopted and that the appropriate by-law be passed and tha•_ AMendment No. 10 to the Official Plan of the former Plannina Area of the Township of Darlington (O.P.A. 165) be appro,,;ed and that the appropriate by-lac.; be passed. d) THAT recommendation c) be forwarded to Council at its mec'ting on 1973 05 03 . REiG'OPT: Part of the District Plaii for the District Planning Area of the Tovrn of Newcastle - Hamlet_ of Solina was submitted on 1977 10 20 , to tht Council of tht, Tc>'stn of Newcastle fer apprc:val , REGIONAL MUNICIPAILF OF DURHAM DIEPARTtAmcr OF PLANNING AND DEVELOPMENT Report No. 78-10 7-P-cont'd. 2 Atta,ched is a COPY Of Part of the District Plan for .tha District Planning Area of the Town of Newcastle - Harrilet of Solina (Exhibit 'A' ) and a COPY of Amendment No . 10 to the Official Plan of the Former Planning Area of the Township Of Darlington (Exhilbit 'B ' ) . On 3.978 02 27, t1ie Council of the Town Of Newcastle adopted the essence of the above District Plan, the resolution of which is attached. Attachments H . McAdams , M.C.I .p . Commissioner of Planning & Develv)pmer't E h i 1) !_t PART OF TIIE DISTRICT PLAN FOR THE DISTRICT PLANNING AREA OF THE TOWN OF NEWCASTLE: IlAMLET OF SOLsINA t2EGIONAL MUNICIPALM"t OF DURHAaM PART OF THE plip DISTRICT "'�If OF TJ1E TOWN OF NEWCASTLE HAMLET OF' 'SOLINA This Plan as been prepared in compliance with Section 10 . 4 . 2 . 1 (if the Official Plan of the Regional Municipality of Durham which requires that "The delineation of the limits of and the 6etailiAg of land uses in Hamlets shall be undertaken in a development plan adopted by the Council of the respective area municipality prior to major new development taking place . " The following text and Schedule 'A' cOnstitute Part of the Dint- ict, Pl�n for the District Planning Area of the Town of Newcastle ant shall be used in conjunction with the Official Plan of the Reqi( jai Municipality of Durham. I . POLICIES 1. 1 In accordance with Section 10 . 4 . 2 . 1 of the Durham Regional Plan , the areas in the north half of Lots 23 , 24 and 25 , Concession V and part of the south half of Lots 23, 24 and 25 , Concession VI in the former Townskip of Darlington as shown on Schedule 'A' delineate the: extent of Hamlet Plan Area . 1 . 2 Any adjustment to the Hamlet Plan Area boundary as delineated on Schedule 'A ' shall require an amendment to this Plan . 1 . 3 In addition to Section 10 . 4 . 1 . 1 of the Durham Regional Plan, the Predominant use Permitted within the Hamlet Plan Area shall he for single family residences . in addition home OccuPatiOos which do not create a nuisa: ae through noise , smell, unsightly storage or traffic mal he allowed . 1 . 4 In accordance with senLion 30 . 4 - 1 . 1 of the Durhaj- Regional Plan , areas designcled on Schedule 'A' as Commercial may also be daveloped for convenience commercial uses which cOmPlwmenL the character of the Hamlet . 1 . 5 Notwithstanding Section 10 . 4 . 1 . 1 of the Durham Regional Plan, industrial uses shall not be permitted within ty, Hamlet Plan Area . 1 . 6 Schedule 'A' indicates the maximum number of total residential units which may he allowed in the Areas Proposed for Expansion . These are as follows : 2 A A id Vit Area B 14 Area C Area D 6 res;idential units 9 re-,; Idcntial units 1. 7 The stagiricj of no,,,✓ resid(,ntil� l units to be built the Areas Proj-_),D!,ed for F'Xpan=; ioli shall be determined the Council of 1-he To�an of llq'c-,.,rcastle and may have a maximum of se,,,el, units -1111111a11y . Once the maximum number of lots indicatcl, within any Area Propose,:! for Expansion has been developed , the. number of lots can be reviewed and the Plan amended at that time . 1. 8 The minimum lot size for new residential units within the Area Proposed for Expansion shall be approximately 3/4 acres and shall:: a) meet the requirements of the Ministry of the Environment jis from time to time and as administered by the Medical officer of Health or otherwise ; and b) ensure that a reserve area is' regained for the re- construction of the tile field. 9 With the except-ion of the Areas Proposed for Expa:isicn , infilling may occur within tho Hamlet Plan Area 3',IbjE,'C!-- to the following conditions : a) that the proposed development shall not adversely affect adjacent wells and septic tanks ; b) that no permanent. structures or septic tanks and ti1e beds are located in the Area Subject to Development Restrictions as designated on Schedule 'A ' ; and c) that the recuirements of the Ministry of the Ervironm Tit as amended from time to time and as administered by t :e Medical Officer of Health or otherwise are satisfioc . 1 . 1-0 In addition to Section 1 . 3 the areas designated an Sc1-(-_,.:uJ(. 'A ' as Community Facility may be dOVelooed for such uses as community centres , parks , libraries and other Similar uses . 2 , IMPLEMENTATION- 2 . 1 The present architectural char,ictor shall be comp- ] emen te and onhancoil wlicre -1rifilling new development (-)cclir in the Ham_L t . 2 . 2 The Town of Newcastle sh<-_ill encourage tree planti,,g and tree preservation sr) that all areas are provided with a _L sufficient number of trees to maintain a high standard ol: amenity and appear(­ince. 2 . 3 An annual monitoring program sli,ill he administered by th,', Town of Newcastle., and tl 2 P•Iedicai Officer of Health and shall include : 3 a) an appraisal of t:h� c tir uin<j availability of yroc K water supplies W the Pxinting residents as well depletion of the grout d water er acquifer which may an c, '1F caused by new developn ent or otherwise; and b) a sampling of the quaii ty of the ground-water supply with respect to any contamination _ 2 . 4 In the event that the monitoring program descrioed in 2 . .i, indicates that prohlems h<avc oc cured with regard to tl,r, availability cf ground water supplies and/or the duality of the ground water supply , as a rOsul.t of new develop- ment, then no further devalopment shall be permitted within the Hamlet Plan Area or any part thereof which is considered _likely to be affected by the problem so indicated.. 2 . 5 The precise limits of the Area Subject to Development Restrictions shall be deline,:at.ed in the zoning by-law. k*� 4 TW.,.��..,.,.......,.......,.,... ................,..................... .... i - - ! — —--- 1 _ __--- -- -- iT1 -- C 1 { iz �---•..m� t�! ''L i t I s 6Ih oncession Rd rl �`;� 31 cI 6 g -- -- --- u , ..,. : .,,_...........................................................• •....._...I..i.......,...,.,................,.....,................ ......,,:. ,.,...._,...F _ _ �e>=ND FART OF THE DISTRICT ."LAN FOR THE " d� 7 PL AN IDI STRICT PLANNING AREA OF THE SCHEDULE TOWN OF NEWCASTLE A i HAMLET OF SOLING TO EXHIBIT CC- -T, r.iCam I AS ADOPTED BY THE COUNCIL OF THE REGIONAL THIS M_ FORKS 'APT OF THE DISTRICT MUNICIPALITY OF DURHAM ON Mqy E,197E R;-AN FOR THE DISTRICT FLANNINC AREA M 7 OF iN i01 E " OF N[WCASTL.E AIVO MUST .rK++S BE RE AO IN CONJUNCTION WITH THE WRITTEN TF:7CT AND THE DURHAiU REGIONAL PLAN. Exhibit 'B ' AMENDMENT NO. 10 TO THE OFFICIAL PLAN OF THE FORMER PLANNING -AREA OF THE TOWNSHIP OF DARLINGTON NOW PART OF THE DURHAM REGION PLANNING AREA This Amendment was adopted by the Council Of the Regional Municipality of Durham, y By-law i m n accordance- with the provisions of Section 17 of The Planning Act, R.S _©. 1970 and under Sections 60 and 61 oC Bill 162 - An Act to Establish the Regional l'Tunicipaljti of Durham, on the raay Chairman _ Clerk 11mnrlm �ni J , . l U t , U,�, �, '(4� Olfici��l 1 l ��i� ofd t1c1/ former Planll i ng Area of the Township of Darlington. P� rpose of Amendment This Amendment deals with the deletion of the map reference to Solina on Schedule 'A' Land Use and Roads , and the addition of. the reference to hamlet district plans as required by Section. 10. 4 . 2 . 1 OE the Durham Regional PiL,n . Lccation This Amendment deals with those lands comprising the Hamlet of Solina tieing part of the north half of Lots 23 , 24 and 25 , Concession V and part of the solatt) half of Lots 23 , 24 and 25 , Concession VI , former Planning Area of the Township of Darlington as shown on Schedule 'A' attached. B:: sis The Durham Regional Plan (approved by the Minister on 1978 '03 17) identifies the residential settlement of Solina as a "Hamlet" . A Plan which constitutes part of the District Plan for the District Planning Area of the Town of Newcastle has been prepared. It is therefore the purpose of this Amendment to indicate in the Official Plan of the former Planning Area of the Township of Darlington those hamlets for which a District Plan has been prepared. r� foal The Official Plan of the former Planning Area of the Township of Darlington is hereby amended by: (1) Deleting the "Residential Suburban, Greenbelt , Commercial and School" designations from Schedule 'A' Land Use and Roads for the Hamlet of Solina and replacing it with the symbol " as shown on Schedule 'A' attached; (2) Adding the following- to the legend as shown on Schedule 'A' attached. : "Hamlets for which District Plans have been prepared" , and (3) Ad,.ing a new section follc_ing Section 4 (3) as follows : " (4 ) The provisions of this Plan shall not apply to those Hamlets identified by the symbol " * " on Schedule 'A' as amended. " I � IS'A1BOL 'I; 1 l�• til • �'JLP I' , J'I I, �I � 1� ' 1 • -- - - l_ - - —��—' _ � SCUD-�`.` � ;i 7y it _ •� t.\ .� i � li .. r `.r, - __ I��� V,JAf, �. f � r i it �' � I � j`! /' If L�• .� . r i Y Ilj `J it :~ v.• F *t..;i �j zoo fe f ` SCHEDULE 'A' TO EXHIBIT 'B ' Amendment No. LAND USE AND ROADS ��� to the Official Plan of the former. DARLINGTON PLANNING AREA Planning Area of the TowLr1sh, InI t of Darlington. , Hd�LE:T FOR WHICH A DISTRICT PLare HAS BEEN PREPARED �� AcSd To LNq,end