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HomeMy WebLinkAboutP-95-80 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 JUNE 9, 1980. REPORT NO. : P-95-80 SUBJECT: Attached Correspondence from Jarvis, Blott, Fejer, Pepino re; Town of Newcastle By-laws 79-44 and 80-4 BACKGROUND: The attached correspondence was received from the Clerk's Office on May 12, 1980, with a request that a Report be forwarded to Planning Committee and Council addressing the concerns raised in res- pect of the zoning by-laws mentioned. COMMENTS: Staff have replied directly to Ms. N. Jane Pepino in respect of her concerns, a copy of staff's letter of May 12, 1980 is attached for information. Staff believe that their reply is self-explanatory and note that with the passage of by-laws 79-44 and 80-4, that Ms. Pepino's concerns are no longer relevant. Staff suggests that this Report be received for information. RECOMMENDATION: That Planning and Development Committee recommend to Council that this Report be receivedfor information. Respectfully submitted, DNS:lb D. N. Smith, M.C.I.P. May 12, 1980 Director of Planning a y Telephone(416)484-1771 JARVIS -BLOTT FEJER PEPINO Site 400 Barristers Solicitors Canada Square R.E.Jarvis,Q.C. A.S.Blott,Q.C. 2200 Yonge Street B.W. Feje'r N.J.Pepino Toronto,Ontario L.J.Darkes P. J.Devine M4S 2C6 Counsel: J.Spence Stewart,Q.C. Please refer to file no, 50/076 May 9th, 1980 Mr . J. M. McIlroy Clerk Town of Newcastle 40 Temperance Street Bowmanville, Ontario L1C 3A6 Dear Sir: Re : Town of Newcastle By-Laws 79-44 and 80-4 We act on behalf of Paramount Development Corporation Limited. It has come to our attention that the Ontario Municipal Board ' s Order approving By-laws 79-44 and 80-4 of the Town of Newcastle issued on April 18th, 1980 . As a result of Planning Report P-41-80, dated March 17th, 1980, Council of the Town of Newcastle recommended that the Board be requested to approve By-law 79-44 as amended by By-law 80-4 , save and except for lands south of the Small Urban Area owned by Windsweep Farms Limited. We are concerned, and feel that the Town should be aware of our concern, that this action may have the effect of leaving the parcel of land owned by Windsweep Farms unzoned. Section 20 of By-law 79-44 repeals all previous zoning by-laws of the Town. With the approval of By-law 79-44 , no zoning predating By-law 79-44 remains in existence. There- fore, the result is that there is no zoning on the Windsweep Farms lands . Not only is this an undesirable situation for our client, who owns other lands in the Town , but is is an undesirable situation for the Town itself, The Town may be put into a position . . ./2 L V JARVIS, BLOTT, FEAR, PEPINO - 2 - May 9th , 1980 50/076 Mr. McIlroy Town of Newcastle where it is compelled to issue a building permit for a develop- ment project which it feels is unsuited for that particular site. Therefore, we would request confirmation that there is , in fact, a rural or holding zone on the lands owned by Windsweep Farms south of the Small Urban Area. If, on the other hand , we are correct in our assumption that the lands are un- zoned , we request that Council pass a by-law as expeditiously as possible to ensure a rural zoning on the lands of Windsweep Farms until such time as a rezoning application by Windsweep Farms is properly examined and considered. Your prompt attention to this matter is appreciated. Yours very truly, N. Jane Pepino NJP:vs �_-�c. c. Mr. D. N. Smith Director of Planning CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P., Director HAMPTON,ONTARIO LOB UO TEL. (416)263-2231 May 12, 1980 Messrs. Jarvis, Blott, Fejer, Pepino Barristers and Solicitors Suite 400, Canada Square 2200 Yonge Street TORONTO, Ontario M4S 2C6 Attention: Ms. N. Jane Pepino Dear Ms. Pepino: Re: Town of Newcastle By-laws 79-44 and 80-4 - Your File : 50/076 Further to your letter of May 9, 1980 regarding the above, please be advised that By-laws 79-44 and 80-4 were approved in their entirety by the Ontario Municipal. Board. The property owned by Windsweep Farms Ltd. is currently zoned "RU" Rural, "OS-1" Open Space and is covered under Clause 3( 1.3) (h) Special Exemption. At no time has there not been a zoning category applicable to the Wind- sweep Farms' property. For you information, there is an outstanding site plan agreement registered on the title of the lands covered by the Special Exemption, which specifically indicates that any development on the Windsweep Farms' property shall proceed by subsequent rezoning given the mutual consent of the Town and the owners. For your information, we are considering an amendment to By-law 79-44, as amended, to allow for the development of the first 42.5 acres of the Windsweep Farms' property. If you would like further information . . . /2 Messrs.' Jarvis, Blott, Fejer, Pepi_no - 2 - May 12, 1980 in respect of this matter, please do not hesitate to call me at 263-2231. I appreciate the concerns that you have raised in your letter of May 9, 1980 and would suggest that in future, it might be in your interests to discuss these matters with planning staff prior to addressing your concerns to the Town Clerk. Yours very truly, 4k I DNS:lb D. N. Smith, M.C.I.P. Director of Planning