HomeMy WebLinkAboutP-31-81 44)
CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH, KC.I.P., Director
HAMPTON,ONTARIO LOB 1 JO TEL.(416)263-2231
REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF FEBRUARY
2, 1981.
REPORT NO. : P-31-81
SUBJECT: Objections to By-law 80-137
Z-A-1-6-4 -- D. R. Agencies, draft plan of subdivision
18T-77002
BACKGROUND & COMMENTS:
Application for plan of subdivision number 18T-77002, which
proposes the development of a 7.14 hectare parcel of land located in
part of lots 32 and 33 in the former Township of Darlington; for eight
single family dwellings; an open space block, and a commercial block,
was draft approved by the Minister of Housing on January 7, 1979. In-
cluded among the conditions of draft plan approval of this plan were re-
quirements that the land be appropriately zoned in the applicable Restricted
Area (Zoning) By-law.
On October 20, 1980, Town Council passed By-law 80-137 in ful-
fillment of the conditions of draft plan approval. The 21 day notice
period expired on December 31, 1980. Two letters of objection (copies
attached) were received. Staff have reviewed the objections and feel
that it would be appropriate for the Town to request the Ontario Municipal
Board to approve By-law 80-137 despite the concerns raised. C\
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In respect of the objection filed on behalf of C. W. Mellon,
staff note that By-law 80-137 conforms to the provisions of the Courtice
Urban Area Plan as approved by the Minister of Housing in June of 1980.
That document indicates that the property owned by Mr. Mellon is for
future residential use. The property owned by Mr. Mellon was subject to
a rezoning application, which was denied by the Town on the basis of the
designation in Amendment No. 12 to the Darlington Official Plan. The
property owned by Mr. Mellon enjoys the status of a legal non-conforming
use and it is, of course, possible for him to extend or enlarge the existing
use on the basis of an application to the Newcastle Committee of Adjustment.
Staff do not feel that Mr. Mellon's objection should interfere with By-law
80-137 as, in essence, the objection appears to be more concerned with
the status of the Mellon property than with any difficulty with the Roy
rezoning. It is noted that Mr. Mellon did not object to the designation
of the Roy property under Amendment 12 nor has he objected to the approval
of the subdivision plan.
In respect of the objection filed by Mr. and Mrs. Awan, staff
note that provisions are included within the subdivision agreement with
Mr. Roy for the dewatering of neighbouring wells to the effect that during
the construction, Mr. Roy will be responsible for ensuring an adequate
supply of water. At the same time, in the future it is expected that
the Awan property would be connected to the municipal water system. In
the interim period, the Awans would be protected by the subdivision agree-
ment. In the event that dewatering takes place after the construction period,
it is the understanding of staff that dewatering of their well would ultimately
rest with the Awans.
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Planning staff have contacted Regional Works staff in respect
of this matter and have been advised that on the basis of a preliminary
investigation, that there does not appear to be a basis for assuming that
the Roy subdivision will jeoparidize the existing water supply. Regional
Works staff have been in contact with the Awans in an effort to ameliorate
some of their concerns. Staff note that there have been no previous ob-
jections to Amendment 12 or the approval of the D. R. Agencies subdivision
plan and do not think it would be appropriate to support the Awans' objection
to the subdivision plan. Staff believe it would be appropriate for the
Awans to continue their discussions with the Regional Works staff in respect
of future servicing possibilities.
RECOMMENDATION:
It is respectfully recommended that:
1. This report be received; and
2. The Planning staff and the Town Solicitor be authorized
to attend any Municipal Board Hearing called in respect
of By-law 80-137 and to support the approval of the said
By-law; and
3. Copies of this report be forwarded by the Committee
Secretary to the objectors.
Respectfully submitted,
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DNS:lb D. N. Smith, M.C.I.P.
January 19, 1981 Director of Planning
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y,,; ;;F -• '• ��� f NOTICE OF OBJECTION
IN THE MATTER of the Planning Act of Ontario;
DEPARTMENT AND IN THE MATTER of the Passing of a By-Law
of the Corporation of the Town of Newcastle
Number 80-137.
TAKE NOTICE that the undersigned, being the owner or
owners of adjacent and/or neighbouring lands to the south and west of
the subject lands referred to in the above mentioned By-Law, HEREBY
object to the said By-Law on the grounds that it providds for the
designation of portions of the subject lands for commercial and
residential use when the lands of the undersigned have not been granted
or recognized commercial and/or residential status qualification or
designation under Town of Newcastle Courtice West Neighbourhood Plan
and other municipal plans when in fact these uses of said lands have
been in existence for more than thirty (30) years.
DATED at the Town of Newcastle, Ontario, this 30th day of December, 1980.
CHARLES WILLIAM MELLON
CAROL ANN MINSHELL
Per: _/ .
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W. Ks Lycett, Q.C.
� I�E.G 31 1980
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NEWCA
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WITHDRAWAL OF OBJECTION - -f'ARTMENT
IN THE MATTER OF the Planning Act of Ontario,
AND IN THE MATTER OF the Passing of a By-law
of the Corporation of the Town of Newcastle
Number 80-137;
AND IN THE MATTER OF an Objection filed
December 30, 1980 by Dost Awan and
Ayesha Awan.
TO: The Town of Newcastle
We, the undersigned Dost Awan and Ayesha Awan, hereby
withdraw our objection to the above-named By-law and we are
satisfied that said By-law 80-137 may proceed without our
said objection.
Dated at the Town of Newcastle, Ontario, this 19 thday
of January 1981.
1&0
DOST A14AN
AYESHA AWA3V—
`7
AN 20
DEPARTMENT
WITHDRAWAL OF OBJECTION
IN THE MATTER of the Planning Act of Ontario;
AND IN THE MATTER of the Passing of a By-law
of the Corporation of the Town of Newcastle
Number 80-137 ;
AND IN THE MATTER of an Objection filed
December 31, 1980 by Charles William Mellon and
Carol Ann Minshell .
TO: The Town of Newcastle
WE, the undersigned Charles William Mellon and Carol Ann
Minshell, hereby withdraw our objection to the above-named By-law
and we are satisfied that said By-law 80-137 may proceed without
our said objection.
DATED at the Town of Newcastle, Ontario, this 19th day of
January, 1981.
CHARLES WILLIAM MELLON
CAROL
ANN MINSRETL