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HomeMy WebLinkAboutP-104-80 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-104-80 SUBJECT: Ontario Municipal Board Hearing, Town of Newcastle By-law 79-111 (Implementing Conditions of Draft Plan Approval on Subdivision 18T-77123 - Rills of Liberty North) - Part of Lot 11, Concession 3, former Township of Darlington BACKGROUND: On March 13, 1975 an application to amend the Official Plan of the former Township of Darlington was filed by Milani and Milani Holdings Ltd. on behalf of Durham Estates Ltd. The application (O.P.A. 52) requested a change in the "Agricultural" designation on the property to "Estate Residential" to allow for the approval of a proposed 45 lot subdivision plan. The Official Plan Amendment application was considered by the Planning Advisory Committee of the Town of Newcastle on November 24, 1975. At that time, the Committee indicated their approval of "Estate Residential" in principle and considered the above mentioned proposal premature as indicated in the following resolution: P-178-75 ig "That the principle of Estate Residential is approved by this Committee. The application is considered premature taf at this time for the reasons stated in Planning Director's ,� f report No. 182." / - 2 - Mr. G. Howden in report no. 182 recommended that the appli- cation be considered premature pending receipt (from the Region of Durham) of clear guidelines on future development in the Town of Bowmanville and a policy on "Estate Residential" development in the Region. Resolution P-178-75 of the Planning Advisory Committee was adopted through Town Council Resolution #C-75-1356. On July 22, 1977, the applicant revised O.P.A. #52 requesting a change in the "Agricultural" designation on the property to "Estate Residential" to allow for the approval of a proposed 46 lot subdivision plan. In February 27, 1978, Town Council approved the following re- solutions in respect of Official Plan Amendment Application 52 (revised) and in respect of the above-noted subdivision plan. PD-72-78 "1. That the Darlington Official Plan be amended to permit the proposed Estate Residential Development with the provisions that areas below the floodline as established by Central Lake Ontario Conservation Authority be designated "Greenbelt" and the three requirements of the Ministry of Agriculture and Food be incorporated into the document 2. That the Region's Official Plan be amended or modified in manner similar to above," PD-73-78 "That the Draft Plan of Subdivision be approved in principle subject to: 1. incorporation of flood line established by C.L,O.C.A., 2. provide suitable identification of construction and fill limits to guarantee the protection of the banks on steep slopes to the satisfaction of the Ministry of Natural Resources and C.L.O.C.A. requirements. 3. Enlarge the cul-de-sac to a minimum of 75 ' radius." 3 - PD-74-78 "That the subdivision be redesignated to incorporate the area designated "Greenbelt" with restrictive covenants on the affected lots to be assigned to C.L.O.C.A. for enforcement on assumption of services by the Region and the Town." On May 25, 1978, the Town of Newcastle Planning and Development Committee convened a (duly advertised) public meeting in respect of Official Plan Amendment 52 (as revised) . A number of questions were asked by members of the public in attendance. No objections to Official Plan Amendment 52 or the accompanying plan of subdivision were raised. On June 21, 1978, Newcastle Town Council adopted the following resolution in respect of O.P.A. 52 (revised) and the accompanying subdivision plan: "That with regard to O.P.A. 52, Durham Estates, Council confirm the previous action with respect to the amendment to the Durham Official Plan and the Darlington Official Plan and forward a copy of the minutes of the Public Meeting of May 25, 1978, to the Regional Planning and Development Department." On July 18, 1978, Regional Planning and Development Committee considered Official Plan Amendment Application #52 and recommended that Regional Council approve the request. On July 26, 1978, Regional Council adopted the amendment, as Amendment No. 4 to the Durham Reg- ional Official Plan. Amendment No. 4 to the Durham Regional Official Plan was approved by the Minister of Housing on April 12, 1979 after the resolution of various technical matters concerning the form of the Amendment and given that no objections to the amendment had been received. - 4 - In respect of the proposed subdivision plan 18T-77123, Newcastle Planning and Development Committee considered the draft plan on June 11, 1979 and recommended that the Plan be forwarded to the Minister of Housing for approval subject to certain revisions and conditions. The recommendation of the Planning and Development Committee was adopted by Newcastle Town Council on June 18, 1979. Subsequent to the Town's recommendation of approval, the Region of Durham recommended that the plan be approved (July 3, 1979) . Plan of Subdivision 13T-77123 received draft plan approval from the Ministry of Housing on July 26, 1979 subject to certain conditions. Further to the draft plan approval of 18T-77123, the Town of Newcastle adopted By-law 79-111 on October 22, 1979. By-law 79-111 was adopted by Town Council in fulfillment of one of the conditions of draft plan approval as noted above. By-law 79-111 was circulated in accordance with Ontario Municipal Board Regulations and three letters of objection were received within the allowable 21 day appeal period. Subsequent to the end of the appeal period, two of the three objections were withdrawn. The Ontario Municipal Board will convene a hearing in respect of By-law 79-111 on June 30, 1980 to hear the outstanding objection filed by a Mr. H. Taylor. COMMENT: Staff note that By-law 79-111 was adopted by Town Council in ful- fillment of a condition of draft plan approval applied to the "Rills of Liberty North" subdivision. As indicated with the "Background" the "Rills of Liberty North" proposal received extensive review by the Town of Newcastle and the Region of Durham through the processing of Amendment - 5 - Number 4 to the Durham Regional Official Plan and through the pro- cessing of the draft plan itself (18T-77123) . It is noted that the original proposal was made in 1975 and that there has been a number of opportunities for property owners to express their concerns in res- pect of the proposed plan; including a public meeting held in respect of Official Plan Amendment No. 4 and a number of Committee and Council meetings at which the proposal was discussed. In view of the history of the proposal, staff feel that it would be appropriate for the Town to be represented at the hearing and for the Town Solicitor to be asked to request the Board to find for costs against the objector, as may be appropriate. Staff note that discussions have taken place with the subdivider in respect of their involvement in the hearing and that further arrange- ments are to be made in that regard. RECObZJENDATION: It is recommended that the Planning and Development Committee forward the following resolution to Council for adoption: "Town Council hereby authorizes Planning Staff and the Town Solicitor to represent the Town of Newcastle at the Ontario Municipal Board Hearing to be convened in respect of By-law 79-111." Respectfully submitted, A Vk DNS:lb D. N. Smith, M.C.I.P. June 3, 1980 Director of Planning.