Loading...
HomeMy WebLinkAboutP-148-79CORPORATION 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 � C�) REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF August 23, 1979. REPORT NO.: P-148-79 SUBJECT: Official Plan Amendment Application - Part Lot 26, Con. 2, former Township of Darlington Tomina - Our File: 79-27/D BACKGROUND: In April 1975, Mr. Tomina submitted an application for consent to create five residential lots. The Land Division Committee granted approval of the application in June of 1975. This approval was subse- quently appealed by the Region of Durham and the appeal granted by the Ontario Municipal Board on the basis that a plan of subdivision was re- quired. In June 1975, the Town passed by-law 75-27 which had the effect of placing a large number of Courtice properties within a "D -Deferred Develop- ment" zone. This by-law thereby removed an "R -2 -Residential" designation from Mr. Tomina's property. This by-law was approved by the Ontario Municipal Board in September 1975. Subsequent to adoption of by-law 75-27, the Town passed by-law 75-48, which lifted the "D" zoning from Mr. Tomina's lands and replaced it with an "R-1, Residential" zoning. This zoning would permit the construction of four single family detached dwellings. It is - 2 - noted, however, that this by-law has not received Ontario Municipal Board approval pending resolution of outstanding issues related to Referral R-51, its subsequent withdrawal and the current application for an Official Plan Amendment. In early 1977, Mr. Tomina filed a subdivision application with the Ministry of Housing which proposed to develop two acres for four residential lots. However, in January, 1978 he was advised by the Ministry that the application could not be processed further due to the then pending Ontario Municipal Board hearings and the outcome of Referral R-51 which had been filed in October 1977. COMMENTS: In May of 1979, Town staff prepared Report P-62-79 which dealt with various Ontario Municipal Board Referrals of the Durham Regional Official Plan, among which was R-51. Staff recommended that the Town support the Regions position on that referral and that all previous actions to the contrary be rescinded. Subsequent to that recommendation being adopted, discussions were held between Regional staff, Town staff and the applicant relevant to a resolution of the matter prior to the Board Hearing. As a result of these discussions, Council adopted resolution C-780-79 which adopted a Planning and Development Committee recommendation that if the applicant were to withdraw the objection to the Regional Official Plan and seek an amendment permitting his proposal, as an exemption to the Open Space Designation, then the Town could support said amendment in its comments to the Region. On July 5, 1979 the Town received, from the Region, an application for amendment to the Regional Official Plan covering the subject lands and requesting the Town's comments. This application was circulated to the Town's Public Works and Community Services Departments. The following is a summary of their comments: Public Works - The comments on the original subdivision application remain applicable and are as follows: 1. That the owner enter into an agreement with the Town; 2. That the owner grant to the Town ten (10) feet along the south side of Nash Road. and ten (10) feet along the east side of Hancock Road, for road widening purposes. 3. That all grading and drainage be to the satisfaction of the Director of Public Works. Community Services - No comments. Our review of these comments reveal no major problems or objections to the proposal. However, a main point of contention is the fact that the subject lands are presently designated as Major Open Space by the Durham Regional Official Plan and approval of this proposal could repre- sent a precedent for similar proposals. Notwithstanding this obvious conflict with the intent of the Durham Regional Official Plan, the site is presently designated as Residential by the Darlington Official Plan which could be construed as a commitment to development of these lands, even though the Regional Official Plan prevails in the event of such a conflict. - 4 - CONCLUSION: Bearing in mind the implications of this proposal relative to the intent and policies of the "Major Open Space" designation of the Durham Regional and the Council's most recent position on this matter; the Planning and Development Committee may recommend to Council that the Town support this application, inasmuch as the applicant has with- drawn his objection to the Regional Official Plan and submitted an appli- cation for an amendment, consistent with the Town's stated position. If the Planning and Development Committee is satisfied that amend- ment application 79-27/D should be approved, it would be appropriate to recommend approval of the amendment application to the Region and to advise Mr. Tomina that Town of Newcastle staff will proceed with the processing of the subdivision plan on his property. RECOMMENDATION: That the Planning and Development Committee consider recommending Official Plan amendment application 79-27/D for approval. Respectfully submitted, V// 4� 0 /2 e TTE:lb D. N. Smith, M.C.I.P. August 14, 1979 Director of Planning (.iL)MM11(4I C'/1'1' I OR 1 //1 1 C. C. Mr. J. M. Mcllroy INR)lijvNIJON Ontw* Office of the Ministry Minister of Housing July 31, 1979 Mr. K. C. Andrews Secretary Ontario Municipal Board 180 Dundas Street West Toronto, Ontario M5C 1E5 Dear Mr. Andrews: Hearst Block Queen's Park Toronto Ontario M7A 2K5 416/965-6456 Re: Resumption of a request to refer part of the Official Plan for the Durham Regional Planning Area under section 44(a) as requested by Mr. L. Michaels on behalf of Mr. M. Tomina. Objection File No: 79-R51 OMB File No: R-781167 Our File No: OPC-0010 This is further to my letter of April 26, 1978 referring these lands as requested by Mr. L. Michaels. I have now received a letter from Mr. Ralph S. Jones on behalf of Mr. Mark Tomina stating that his client is 110 longer interested in pursuing the objection. I, therefore intend to take this matter back from the board so that I may make a decision prior to the board's decision. Enclosed are the following documents relating to the referral: 1. Copy of a letter from Mr. L. Michaels dated October 24, 1977 which originally requested this referral. 2. Copy of a letter from Mr. R. S. Jones dated June 19, 1979, withdrawing the request for referral. (Continued) RECEIVED r err �r, Vit; AUG 7 1979 - 2 - Mr. K. C. Andrews I hereby inform the board of my intention to resume consideration of this matter under section 44(a) of The Planning Act. Please return any documents related to this referral to the Official Plans Branch of this ministry. Yours sincerely, Claude F. Bennett Minister Attachment c.c. Minister's Office Mr. C. W. Lundy Clerk Regional Municipality of Durham Dr.. M. Michael Commissioner of Planning Regional Municipality of Durham Mr. Ralph S. Jones Jones and Jones Barristers, Solicitors & Notaries 130 King Street East Oshawa, Ontario L1H 1B6 Mr. J. M. McIlroy Clerk Town of Newcastle Mr. D. Smith Director of Planning Town of Newcastle