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Home My WebLink AboutP-150-79CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D. N. Smith, M.C.I.P., Director HAMPTON, ONTARIO LOB IJO TEL. (416) 263-2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF August 23, 1979. REPORT NO.: P-150-79 SUBJECT: Application for Rezoning Number Z -A-1-12-3 Part of Lot 15, Concession 6, former Township of Darlington - Cedar Park PAOur_unrrnm. By-law 77-84, which was approved by Council on November 21, 1977, amended the Darlington Zoning By-law by changing the zone designation of a 28 acre parcel of land in part of Lot 15, Concession 6, from "Open Space" to "TC -1", to permit the development of 100 camp lots on the site. Thirty-three letters of objection to the By-law were submitted in response to the normal circulation of the By-law, and an Ontario Municipal Board hearing of these objections was held on January 16, 1979. At the hearing, a representative of the majority of the objectors expressed their willingness to withdraw their objections to the rezoning if the controls permitted by Section 35(a) of the Planning Act were included -in-the By-law. The Town, by resolution PD -587-78, had supported such an amendment. For this reason, the Ontario Municipal Board member, in is verbal decision, stated that he could not approve By-law 77-84 as - 2 - submitted, but would recommend its approval, without further cir- culation or public notice, if the By-law were amended to apply the provisions of Section 35(a) of the Planning Act to the site. The attached By-law 79-10, which amended By-law 77-84 by applying the provisions of Section 35(a) of the Planning Act to the site, was approved by Council on February 12, 1979, and subsequently submitted to the Ontario Municipal Board for approval. However, in the interim, the Supreme Court of Ontario, in the case of the Canadian Institute of Public Real Estate Companies vs. the City of Toronto, ruled that a By-law which simply applied the provisions of Section 35(a) of the Planning Act, without specifying how each would be applied, was not valid. As a result of this decision, the Ontario Municipal Board returned By-law 79-10 to the Town, ruling that it did not adequately apply the provisions of Section 35(a). Because this decision of the Supreme Court of Ontario removed an important device for the control of development in prezoned areas, Ministry of Housing staff began work on an amendment to the Planning Act to enable a municipality to require a site plan agreement as a con- dition of development of specified areas or zones simply by designating those areas or zones as "Site Plan Control Areas". This amendment to the Planning Act was approved by the Ontario Legislature on June 22, 1979. COMMENT: The attached By-law amends By-law 77-84 by designating the "TC -1" zone as an area of site plan control. - 3 - RECOMMENDATION: It is respectfully recommended: 1. That the attached By-law 79- be forwarded to Council for approval, and 2. That the said By-law be submitted forthwith to the Ontario Municipal Board for approval. Respectfully submitted, NJF:lb D. N. Smith, M.C.I.P. August 15, 1979 Director of Planning. _i_(L t,Uli1'yl)!�_/'►'7OP! t)I?_fA11E TONIN 01_ NEI CASTLE By -Law No, y7.81 Bain) ;:a by.laaw to amend RustTic ed Area BY -L w Number 2.111 of the former Township of Dnr.tint;r_;>n, ns arnc ncicad, � rl ' 111 ER.N, the Council Of the Cc rporat ion of the 'f'a. wn of Newcastle deems it expedient to amend Restricted Arca By -Law Number 21 1 1 Of the former Township of Darlington, as amended; NOW THEREFORE, the Council of the Corporcat.Torr of the Town of Newcastle ENACTS as fol 11ws ; l i I 1, ;sect:'ion 110 of Restric'tud Area By -Law Number 2111, as amended, is hereby Anrtherr ar endh'd by adding thereto the following subsection (3), entitled "Speci.aa.11. Provisions".- i SPECIAL PROVISIONS Not:wi.t:h:"tand:inn any provision Of ,Section .11lt(l) to the contrary, the parcel of land lo"tcc! as l.: t I; , Concussion t, and designated ITC -11 on the attached Schedule "Y .hereto shall be used for a maximum of one hundred (100) camp .lots only and may ,.also by used for the purpose of a private park, provided that: no buildings or permanent structures may be, eructed within the fill and construction limits of the Boa,rananvi l ►c_, Creek, as designated in the Ceintral Lake'Ontario Conservation Authority's Flood Plain M,:appi.np withouit the written consent of they Cent rnl Lake Ontario Conservation Aul huri.ty" Key Map 13 of Schedule "A" to By -Law 2.1.11, as ,_amended, is hereby further anionded nY chanpinp tO IT -1 Zhu ;sone designation of the lands designated "ZONE CHAAU,' '1'O 'I'Q & on the attached Schedule "X" hereto, ' K This Hy. -11 w Shall rums; in" Offect or the date hereof, subjcct to recoivinp thu approvNI of the nntarip Municipal Board. hy-LAN READ a first q,, -1''t Nuvumbe]7 BY-LAW REM) a Socond time this dayNovember .......... ...... A.T, 1977. BY-LAW READ n third timu and finally pas,, this/4. � day of lVt? AJ,. 1977. G.B. Rickard Nic j 111 a o(DI HZ) aMF C IMI:: D !.! I.. F"A,Sm31- .) THIS A. D. 19717. ( sEAL) QC CIO concession 6 CHANGE T O e�\:/' `4� �.�..,.��m.......�.v.�.�3�� d j fill®g SCALE I N FEE °Ir, ,,;x -4 PIP', TIONT OP TH!, T(,V1 31P Ey-law Nunber 79-10 Q BY -law to Inend BY -law 77-84 of the Town; oil Nowcastle being a By-law to amend R I Optricted Area By -low Numbei^ 2111, as usended, of the former Township of Darlington! WHRIAS Go Council of the Corporation of the Town of Newcastle has Wroved BY—law 77-04; and RHMAS Uy Wario blnicipEl Board, cognizant of thy interests cf th,-,, objecLars to the By-aawl has expressed an unwillingness to approve By—law 777A as submitted, and has suggested that the Council of the Town of Newca3tlo nmend said By—law to WAY the provisions of Section 35(a) or the flanniw Ac to the subject lands. N10,11 the (W uncil of the Corporation of the Town of Newcastle WAST3 as follows; 1. Section I of it; 77-84 is hereby amended by adding thereto, after the =Ws INUtnut the written ccnaent of the Central Lake Ontario Won.orvKnon Whorityr the follcwing: "ann ProWed further that no building Pezuit shall be issued it, respect of the subject lands until the owner of the said Innds has unt"PW into a development agreauent, as deocribed in Section 35(a) of Ve PAwmiHg Act, with the Corporation of the Town of Newcastle, 2, This Et—law shall come into effect on the date hereof, subject to receiving Lho arproval of the Ontario Municipal Board. BY—WS UKID a first, second, and third time 8nd finally passed this 12th day of February A.D. 1979. Mayor APYROY, Clerk AT I i "Mmf Nrk