Loading...
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 I 1 V (�) 2 - 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 Vanhaverbeke was subsequently withdrawn.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 3 - 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 i i i 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