HomeMy WebLinkAboutP-41-80 v, AW'nIIEEE
CORPORATION OF THE TOWN OF NEWCASTLE
PLAN NINGAND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director
HAMPTON,ONTARIO LOB 1.10 TEL. (416)263-2231
REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF MARCH 17, 1980.
REPORT NO. : P-41-80
SUBJECT: Outstanding Objection to By-law 79-44, The Restricted
Area (Zoning) By-law of the former Village of Newcastle
Our File: Z-0-4-1
BACKGROUND:
As you are aware, By-law 73-15, the Restricted Area (Zoning)
By-law of the former Village of Newcastle, was repealed by Council
in 1979 and replaced by By-law 79-44, which is essentially a consolidated,
updated version of By-law 73-15. Report Number P-6-80, which was endorsed
by Planning and Development Committee on January 21, 1980, catalogued the
objections which had been submitted in respect of By-law 79-44, and pro-
posed an amending By-law to resolve the concerns of Ontario Hydro and the
Region of Durham. This By-law was given the Number 80-4, and was passed
by Council on January 28, 1980. By-law 80-4 has been circulated to affected
residents in accordance with the directive of the Ontario Municipal Board.
The last date of appeal for this By-law was March 13, 1980.
As a result of the approval of By-law 80-4, both the Region and
Ontario Hydro have withdrawn their objections to By-law 79-44. In addition,
Mr. J. Palter has submitted a letter to the Town Clerk withdrawing both
objections to the By-law filed on behalf of the estate of Stanley Gujda.
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The only outstanding objection to the approval of By-law 79-44
is that filed by Mr. M. Spearing on behalf of Windsweep Farms Ltd. Mr.
Spearing has objected to By-law 79-44 in its entirety.
COMMENTS:
The lands owned by Windsweep Farms Ltd. are the subject of
two outstanding applications for rezoning. The first requests the re-
zoning of a 42.5 acre parcel to permit the development of the site for
"a marina, recreational and associated uses". This application was
approved in principle by Council in 1977, subject to the negotiation of
a site plan agreement.
In this regard, staff have recently had discussions with Mr.
M. Spearing in respect of the rezoning of his clients property and have
prepared a draft rezoning by-law for the 42.5 acre parcel. A draft de-
velopment agreement covering these lands has been submitted to staff for
consideration.
The second application requests the rezoning of the remainder
of the applicants' lands to possibly implement the land use designations
of the Durham Official Plan as amended by proposed Official Plan Amendment
20. In light of the fact that all Restricted Area By-laws and amendments
thereto must comply with the applicable Official Plan provisions, and
given that Official Plan Amendment 20 has not been adopted by Regional
Council nor submitted to the Ministry of Housing for approval, and given
that Official Plan Amendment 20 requires a "development plan" to be pre-
pared prior to development, staff are not in a position to make recommend-
ations in respect of the second application at this time.
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It should be noted that there is no zoning category in By-law
79-44, which would accommodate the development proposed by the applicant,
and that amendments to By-law 79-44 to permit the development of the
Windsweep lands for the uses proposed would entail the introduction of
one or more special conditions to By-law 79-44.
A special condition details permitted uses, defines terms not
found in the main body of the By-law and stipulates site specific zone
requirements.
In order that By-law 79-44 may be approved as soon as possible
and as Mr. Spearing's objection to By-law 79-44 more appropriately re-
lates to his clients property rather than to the By-law as a whole, staff
feel that it would be appropriate for Council to request that By-law 79-44
be approved by the Ontario Municipal Board except as it applies to the
Windsweep Farms property.
RECOMMENDATION:
It is recommended that Planning and Development Committee re-
commend to Town Council that the following resolution be adopted:
"The Council of the Town of Newcastle hereby requests the
Ontario Municipal Board to approve By-law 79-44 as amended
by By-law 80-4, save and except for subsection (h) of sub-
section 13 of Section 3 to By-law 79-44 and that portion of
Schedule "A" relating to lands owned by Windsweep Farms Ltd.
as shown on the attached copy of Schedule "A";
and further
to_0
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The Council of the Town of Newcastle hereby requests the
Town Solicitor to make a representation to the Ontario
Municipal Board in respect of the above;
and further
The Council of the Town of Newcastle hereby authorizes
the Town Solicitor and Planning Staff to represent the
Town of Newcastle at the Ontario Municipal Board Hearing
that may be convened in respect of the objection to By-law
79-44.
Respectfully submitted,
4t) s_e
NJF:lb D. N. Smith, M.C.I.P.
February 29, 1980 Director of Planning
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