HomeMy WebLinkAboutP-10-80 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 JANUARY 21, 1980.
REPORT NO: P-10-80
SUBJECT: Official Plan Amendment Application - Schweizer
File: 78-34/D
BACKGROUND:
On January 7, 1980, Committee resolution PD-15-80 was tabled
pending clarification by staff. Said resolution suggested that the
above noted applicant be refunded her application fee on the assumption
that her amendment application has been unnecessary. Upon investigation
of the matter, it was established that an application for an Official
Plan amendment had been filed with, and accepted by Durham Regional
staff. We note that an application fee of $300.00 was paid by the
applicant to the Region, of which, $150.00 was to be forwarded to the
local municipality to cover the costs of processing.
After processing the subject application, in accordance with
the established procedures, the Town advised the Region that it had
no objection to the proposed amendment. At that time, it was suggested
by Regional staff that an alternative to amending the Regional Plan
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would be to rezone the site as a consolidation of an existing commercial
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strip into a node. This was based on a desire to minimize the number
of special provision amendments being made to the Official Plan. In
that regard, the amendment was tabled at Regional Planning Committee
pending the passing of a by-law at the local level. This was done on
the understanding that should the rezoning fail, the applicant would
still have the option of pursuing the Official Plan amendment appli-
cation.
Inasmuch as the Schweizer rezoning was approved by Council on
October 9, 1979, the Official Plan amendment application became un-
necessary. Subsequently, Regional Council denied the amendment since
the applicant's request had been satifactorily dealt with through a
rezoning. Staff note that two objections to by-law 79-196 have been
received and that the said by-law will require approval by the Ontario
Municipal Board.
CONCLUSION:
It is apparent, from our review, that the amendment application
would only have been necessary if local Council was unwilling to con-
sider a rezoning in accordance with Section 8.3.2.2 of the Durham Regional
Official Plan. The fact remains, however, that this alternative solution
was not suggested until after the amendment application had been accepted
and processed. Under the circumstances, it does not appear that a refund
of the application fee is warranted since the funds received were, in
fact, utilized for application processing and public notices. However,
if the Committee seesmerit in seeking a refund for the applicant, then
we suggest that they recommend to Council that:
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1) The Region of Durham be requested to consider refunding
their portion of the application fee in the amount of
$150.00 for amendment application 78-34/D; and that
2) The Finance Committee be requested to consider refunding
the Town's portion of the application fee in the amount
of $150.00 for amendment application 78-34/D.
RECOMMENDATION:
That this report be received for information and appropriate
Committee action.
Respectfully submitted,
DNS:lb D. N. Smith, M.C.I.P.
January 9, 1980 Director of Planning