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Home My WebLink AboutPD-239-92 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: HOLDING.GPA REPORT Meeting General Purpose and Administration Committee Date Monday, December 7, 1992 Res 9 PD-239-92 DEV 92-052 & 40M 1709 By I-aw I; Report# File 9 Subject REMOVAL OF "HOLDING (H) " SYMBOL & REMOVAL OF PART LOT CONTROL PART LOT 31 & 32, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 92-052 AND 40M 1709 Recommenclaflons: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-239-92 be received; 2 . THAT the attached By-law, removing the Holding (H) symbol from the subject lands be APPROVED; 3 . THAT the request submitted by 708545 Ontario Limited for removal of Part Lot Control in respect of Lots 1 to 50 on Registered Plan 40M 1709 be APPROVED; 4 . THAT the attached Removal of Part Lot Control By-law be approved and forwarded to the Regional Municipality of Durham pursuant to Section 50 (7) of the Planning Act; and 5. THAT a copy of this report be forwarded to the Region of Durham Planning Department. 1. BACKGROUND 1. 1 Registered Plan of Subdivision 40M-1709 is located south of Yorkville Drive and to the west of Trull's Road. The lots within the subdivision are currently zoned "Holding - Urban Residential Type One ( (H)Rl) " . The Holding (H) symbol precludes the issuance of a building permit and can be removed by Council provided that the proposed uses will be adequately serviced, have adequate access and will be used for the purposes intended by the By-law. 1. 2 In addition, in November of 1992 , the Planning and Development 2 REPORT NO. PD-239-92 PAGE 2 Department received a request from 708545 Ontario Limited for removal of Part Lot Control in respect of Lots 1 - 50 within Registered Plan 40M 1709 . 1. 3 The removal of Part lot Control would facilitate the construction of semi-detached/link units on the above-noted lots. This process will enable these lots to be divided and resurveyed after the dwelling foundations are in place. 1.4 For the Committee's information, since the above noted lots are located in a Registered Plan of Subdivision, there is an existing subdivision agreement in place to cover the Town's financial interest including the payment of parkland dedication and lot levies. 2. STAFF COMMENTS 2 . 1 With respect to the removal of the Holding (H) symbol, Staff note that the proposal has received approval through the subdivision process and that the removal of the Holding (H) symbol will facilitate the issuance of building permits. 2 . 2 Pursuant to Section 35 of the Planning Act, a By-law Amendment to remove the Holding (H) symbol is not subject to the normal appeal period afforded to a standard rezoning application and accordingly shall be deemed final and binding should Council grant approval. In consideration of the comments noted above, Staff would have no objection to the removal of the Holding (H) symbol as shown on the attached removal of holding symbol by-law. 2 . 3 With respect to the removal of Part Lot Control, Staff have no objection to the approval of a By-law exempting the subject lands from Part Lot Control. . . . . 3 � 1 0 REPORT NO. PD-239-92 PAGE 3 2 . 4 Attached hereto is a By-law to exempt the subject lands from Section 50 (5) of the Planning Act pursuant to the provisions of Section 50 (7) of the Planning Act. This By-law requires the approval of Council and the Regional Municipality of Durham. 2 . 5 Once all dwellings are erected and conveyed, Staff will prepare another By-law repealing this Part Lot Control By- law in order to restore Part Lot Control to the subject lands in accordance with the Planning Act. Respectfully submitted, Recommended for presentation to the Committee I Franklin Wu, M.C.I.P. Lawrence E. Kots Director of Planning Chief Administra ive and Development Officer WM*FW*cc Attachment # 1 - Key Map Attachment # 2 - Removal of Holding (H) symbol By-law Attachment # 3 - Removal of Part Lot Control By-law 24 November 1992 Interested parties to be notified of Council and Committee's decision: Fogler, Rubinoff 708545 Ontario Limited Royal Trust Tower 390 Bay Street Suite 4400, P.O. Box 95 Suite 1710 TORONTO, Ont. M5K 1G8 TORONTO, Ont. M5H 2Y2 Attention: Sydney Conn ATTACHMENT #I ® SUBJECT SITE LOT 33 LOT 32 LOT 31 a Rl � R, R3-5 R3 6P I ► I R � R2-2 s � EP E R-2 PKI R 1 R3-5 (H) R l N -2 (H) a i Z R1 O R (H) R (ten R1 tw ti I V RN (H)R1 Z 1 0 ° I v o cI z A W ~ I I I ROAD ALIONANCE BETWEEN CONCESSION I and 2 cq r COURTICE KEY MAP 5°m° ° 2 00 300M 18T-88022 5 IL DN: HOLDING.GPA THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 92- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for 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 114" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Holding - Urban Residential Type One ((H)R1) " to "Urban Residential Type One (R1)" 2. Schedule "A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 35 of the Planning Act. BY-LAW read a first time this day of 1992. BY-LAW read a second time this day of 1992. BY-LAW read a third time and finally passed this day of 1992. MAYOR CLERK This is Schedule "A" to By-law 92 - , passed this day of , 1992 A.D. LOT 3 2 LOT 31 . BLOCK E5 42 / ,L_j, r q YORKVILLE JW IoM�s21 93 15 I y DRIVE rr��5D� I r 6 r'JOHN WALTER WST CRES pG n`r o I �. CENT s4s F� 0 m � 'off IN o U ` <zaeaos O ' b< JOHN e WALTER CRESCENT E �3 °� "o a'$pz U DenIL A �8ti g PART 2 E OLOCK 52 i°cA x I�A"LINDION� E CnM "EwU)TLE (DAq LI"'ip"1 r 1 w DEL� CD"2 ® ZONING CHANGE FROM '(H)RI'TO 'RI' Mayor Clerk /JLOT 33 LOT 32 LOT 31 / R3 EP ' RI RM EP R2 2 EP rs•2I I RI R3.5 (H)R1 �5 R2 pR 5 -2 w i N (R I '0 R1 ( R w (H)R4 Z 0 of U a SUBJECT SITE y Z A LIUO II ~I COURTICE I �I I 60m O 30®m 514 DN: HOLDING.GPA THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 92- being a By-law to designate a certain portion of Registered Plan 40M 1709 as not being subject to Part Lot Control. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to exempt from Part Lot Control, Lots 1 to 50 inclusive in Plan 40M-1709 registered at the Land Registry Office for the Land Registry Division of Whitby (No. 40) . NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. THAT Subsection (5) of Section 50 of the Planning Act shall not apply to those lands described in Paragraph 2 within the By-law. 2. THAT this By-law shall come into effect upon being approved by the Regional Municipality of Durham and thereafter Subsection (5) of Section 50 shall cease to apply to the following lands: a) Lots 1 to 50 all inclusive on Plan 40M-1709. BY-LAW read a first time this day of 1992. BY-LAW read a second time this day of 1992. BY-LAW read a third time and finally passed this day of 1992. MAYOR CLERK 515 IOM-821 _J W YORKVILLE > DRIVE S�a��T°F,SENFNt a 1-0T 3 2 r PS P+ 6 IPT 11 A I 1+3 PT�C PT it Pl'Z Pi IS PT la Pl 14�PT 16 PT 17 PT tF Pl PiPT t {t i a i✓!��"1 Pi Y Pt 8' BLOCK £5 42 r 43 4 15 i'I �6�wR Sal ! �E31!?CJC?I �xtl�I�an at xf Pn xE at P°F xt eu xE ,!x� a6! ,e �{ 5 eT x H) H 1 N-! H 3 50 5 50 2 105RE5Eh Ef N 6c,59 20 E 1 qe•eY' K1°f Ste FH )E ,My 'V{' y 5585 H P i e xo°oo s g r INST ` . V N ,y NE ,0 WALTER CRESCENT ' e�E JOHN F4 a ! b E Q S° �¢ ' 2 £ v 9 o^Y,t' CRESCENT DE PE A�� e'v $PART 2 WALTER c�ry0 PLAN tOR"4061 JOHN1 4hrN TS°YiNE � E` AAEA CASTLE ° � u w e B $, IOARIIHGT�H' t w bF 1 e � z n„Yco F t„MS t sw• E�jJ r _ lDAP41HfiTON1 iN a £pH 2 .b <s LQT C014TR01- TED F3Y PART VLO-Ts AFFEC 40W ' ?p9 X16