HomeMy WebLinkAboutPD-56-89DN: G /VAND
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TOWN OF NEWCASTLE
REPORT File # L 46—.1366
Res . U, P9 L__
By -Law # -
MEETING: General Purpose and Administration Committee
DATE: Monday, March 6, 1989
FILE #: DEV 87 -30
SUBJECT: REMOVAL OF HOLDING (H) SYMBOL TO IMPLEMENT LAND DIVISION COMMITTEE
APPLICATION LD 199/87 TO 203/87 INCLUSIVE
APPLICANT: VAN DYK REALTY (FORMERLY COLVIN)
PART OF LOT 35, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON
OMB FILE NO'S: 870336, 870337, 870338, 870339, 870340
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD -56 -89 be received; and
2. THAT the rezoning application submitted on behalf of Van Dyk Realty
requesting the removal of the Holding (H) symbol from the subject lands
within Part of Lot 35, Concession 2, Darlington be approved, and the By-
law attached hereto be forwarded to Council for approval; and
3. THAT the applicant be so advised.
1. BACKGROUND:
1.1 In consideration of the above noted Land Division Committee application
(LD 199/87 to LD 203/87), an appeal was lodged in 1987 by the Town of
Newcastle. The reason for this appeal was that the Land Division
Committee failed to impose, as a condition of approval, payment to the
Town of cash -in -lieu of parkland dedication.
...2
526
REPORT NO.: PD -56 -89 PAGE 2
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1.2 An Ontario Municipal Board hearing was convened on March 28, 1988 to
consider the Town's appeal.
1.3 Town Staff presented for the Board's consideration a list of conditions
which had mutually been agreed upon by Council and the applicant and
for which the Town was prepared to withdraw its objection.
1.4 The Board Order as issued, approved the Land Division Committee
Applications subject to the completion of the agreed upon conditions of
approval.
2. COMMENT:
2.1 The subject property is presently zoned "Holding - Urban Residential
Type One ((H)R -1) ". The "Holding (H)" symbol can be removed upon
Council being satisfied that the uses to be permitted will be adequately
serviced, have adequate access and will be used for the purposes
intended by the By -law. When the "Holding (H)" symbol is removed, the
property will be used for single family detached lots as per the
approval of the Land Division Committee.
2.2 Staff would note that the applicant has satisfied the Town's conditions
as per the Order of the Ontario Municipal Board and accordingly, would
have no objections to the approval of the By -law amendment attached
hereto.
2.3 Pursuant to Section 35 of the Planning Act, a by -law amendment to
remove the "(H) Holding" symbol is not subject to the normal appeal
period afforded to a standard rezoning application and accordingly
is deemed final and binding as of Council's approval of same.
Respectfully submitted,
Franklin Wu, M.C.I.P.
Director of Planning & Development
LDT *FW *cc
*Attach.
February 16, 1989
527
Recommended for presentation
to the.Committee
0
Lawrence E n \Xotseff
Chief Adm�.itrative Officer
DN: HRl /R1
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY -LAW NUMBER 89-
being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law of
the Corporation of the Town of Newcastle.
WHEREAS the Council of the Corporation of the Town of Newcastle deems it
advisable to amend By -law 84 -63, as amended, of the Corporation of the Town
of Newcastle.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Town of Newcastle enacts as follows:
1. Schedule "4" to By -law 84 -63, as amended, is hereby further amended
by changing the zone designation from "Holding - Urban Residential Type One
((H)Rl)" to "Urban Residential Type One (R1)" Zone as shown on the attached
Schedule "X" hereto.
2. Schedule "X" attached hereto shall form part of this By -law.
3. This By -law shall come into effect on the date of passing hereof,
subject to the provisions of Section 35 of the Planning Act.
BY -LAW read a first time this day of 1989
BY -LAW read a second time this day of 1989
BY -LAW read a third time and finally passed this day of
1989.
MAYOR
CLERK
This is Schedule
"X"
to
By-law 89 - _,
passed this _.day
of
—, 1989 A.D.
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