HomeMy WebLinkAboutP-22-80 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 February 18, 1980.
REPORT NO. : P-22-80
SUBJECT: Objection filed in respect of By-law 79-72 by the
Central Lake Ontario Conservation Authority
BACKGROUND:
The attached By-law 79-72 was approved by Council on July
30, 1979. This By-law amended the Restricted Area (Zoning) By-law
of the former Township of Darlington by changing the zone designation
of a 300 foot portion of the road allowance between concessions 3 and
4 extending west from the road allowance between Lots 4 and 5 from
"unimproved road" to "Class A Public Street". The proposed amendment
would have permitted the erection of buildings and structures on existing
lots fronting on the subject road allowance section. The By-law originated
from resolution W-134-79, which stated:
"THAT Report No. 154 be endorsed and the subject road,
in Lot 5, Concession 4, of the former Township of
Darlington, be designated as an Improved Road, westerly,
to the limits of that part of the road which is presently
maintained, and that By-law 2111 be amended accordingly."
According to the Ontario Municipal Board's revised rules of
procedure, the By-law was circulated to affected property owners within
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400 feet of the subject road segment.
As a result of this circulation process, objections to the
By-law were filed by Edmund Vanhaverbeke and by the Central Lake
Ontario Conservation Authority. The objection filed by Mr. Vanhaverbeke
was subsequently withdrawn.
The property abutting this portion of the road allowance between
concession 3 and 4 is contained within the proposed limits of the Stephen's
Gulch Conservation Area, and the Conservation Authority is concerned that
the redesignation of this road allowance would permit development of
these abutting properties, thereby possibly hindering the acquisition
of land for this proposed Conservation Area.
As a result of this concern, staff of the Conservation Authority
has requested the repeal of the said By-law 79-72.
COMMENT:
Conservation Areas, such as Long Sault, provide an excellent
range of alternative recreational opportunities for the residents of
the Town; and it is suggested that all possible measures, which are not
contrary to the interests of the Town or its residents, be taken to ensure
the availability of this type of facility.
For this reason, staff has no objection to the approval of Central
Lake Ontario Conservation Authority's request for the repeal of By-law 79-72.
RECOMMENDATION:
It is respectfully recommended:
1. That Council approve the request of the Central Lake
Ontario Conservation Authority and repeal By-law 79-72; and
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2. That the attached By-law 80- be forwarded to
Council for approval.
Respectfully submitted,
NJF:lb D. N. Smith, M.C.I.P.
February 6, 1980 Director of Planning
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THE CORPORATION OF THE
TOWN OF NEWCASTLE
By-law Number 80-20
A By-law to Repeal By-law Number 79-72 of the
Corporation of the Town of Newcastle, being a
By-law to amend Restricted Area By-law Number
2111, as amended, of the former Township of
Darlington.
WHEREAS the Council of the Corporation of the Town of Newcastle
deems it advisable to repeal By-law 79-72 of the Corporation of the
Town of Newcastle.
NOW THEREFORE the Council of the Corporation of the Town of Newcastle
ENACTS as follows:
1. By-law 79-72, being a By-law to amend Restricted Area By-law
Number 2111, as amended, of the former Township of Darlington,
is hereby repealed.
2. This By-law shall come into effect on the date hereof, subject
to receiving the approval of the Ontario Municipal Board.
THIS BY-LAW READ a first time this 2i day of February A.D. 1980.
THIS BY-LAW READ a second time this Zr" t day of February , A.D. 1930.
THIS BY-LAW READ a third time and finally passed this 2 ? �_day of February
A.D. 1989.
(seal) G. B. RICKARD, Mayor
J. M. McILROY, Clerk
rA
.uOu las y. Barter My File No. 083078
Barrister and Solicitor
P.O. BOX 339
22 KING STREET EAST
BOWMANVILLE, ONTARIO November 12th, 1979
L1 C 31_1 (416) 623-2525
Mr. Joseph M. McIlroy
Town Clerk
CORPORATION OF THE TOWN OF NEWCASTLE
40 Temperance Street
BOWMANVILLE, Ontario
L1C 3A6
Dear Mr. McIlroy:
Re: ESTATE of TERRY DONOGHUE, application for
by-law change 79-72, change of designation
of road allowance between Concession 3 & 4,
to Class "A" Public Street by-law amended
being #2111 to irove road
I thank you for your letter of October 25th, 1979,
setting out the C.L.O.C.A. objection, and the copy
of letter of your Director of Planning in response
thereto.
I have written to C.L.O.C.A. adding my request that
the objection be withdrawn and repeating the points
made by the Director of Planning of the Town;
however, Mr. Campbell advised me November 9th, 1979 ,
by telephone, that, at the present time at least,
C.L.O.C.A. is not planning to withdraw the objection.
Accordingly, the Town should not waste any further
time and should proceed to place the matter for
approval before the Ontario Municipal Board, even
with the objection outstanding.
The Estate has signed a conditional offer to sell
the property closing January 25th, 1980, with a time
limit regarding the obtaining of a building permit
(requiring the O.M.B. approval) by December 15th,
1979 .
Yojftls very tr 1
DOUGLA J. BARgEIS ��-(9 's
: j s r�(i�! .�
cc: Mr. D. Smith
Director of Planning ' '
*; Tilo No. 083078
Pabruary -113-.Si1 1980
f Czl
77r ^+. Smith ',;' � yir`,,,ice,•:
Director of Planning
OT?M OF NEWCASTLE
'Planning and Develop ment Department
W?rPOL"a,. Ontario
Dear .Mr� Skitips
Re: ESTATE of MRR_ Y DONOGHUE
nn r.pPlicati.on for by-law change 7 2,
change of dasi2natian of allnvannn
batwaen ConCession 3 and 4, to Cl os
"A" Pu?olic Street by-law amended, being
2111 to improve road
You will recall my acting for the Estate of Terry
Donoghue pertaining to the sale of Part r-ot 5,
Con.cassion 4, Geographic Township of Darlington,
regarding which a by° .mu, 79-72 s,a been pa,--3sed by
the 'mown of Newcastle as recommanded by you;~
Committee.
However, the by-law had not been submitted If-or
approval to the Ontario Municipal Board bccause of
the outstanding objection of the Central, Lah—_e
Ontario Conservation. Authority
i4y client, the said astate, has now entered into an
Agreement to sell the land and p?:emisas to the said
Central Lake: Ontario Conservation Authority- a .6-x i
of the sale is that the Torn of Newcastle rescind
the said by-law.
1 would appreciate yoar advice to one that in these,
circ7mistances you agree to proceed to recorzamend that
your 'Coaxarmittae reco�end to Council that the by-law
be resc:indad - as it is no longer in time ini-.0-rest of
the estate that the by-law be put through, and as the
C.L.O.C. . is still outstanding.
'The closLa. g of the transaction, is scheduled for
March 211-".-., 1980, and is conditional upon the said
by-law being rescinded priow to closing
m ®nt°L�
iz- 9
Tot Mx D. W. With February 13th, 1980
Rn- Estata of Taxry Donoghue Page 2
1 look forward to hearing from YOU-
Yours very truly,
J. BARBER
; j S
ccz Mr. .n fir H. McIlroy
CM Central Lake Ontario conservation Authority
cc�Z Tir. & Mrs Tinatte ptpar
cc: Mx. & Mxs. Carl Brunt
Mr. jAba Donoghue