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HomeMy WebLinkAboutPD-85-90 TOWN OF NEWCASTLE KINGS.GPA REPORT File #10p . r� . Res. # By-Law # �- ME71NG: General Purpose and Administration Committee DATE: Monday, March 5, 1990 REPORT #: PD- 85 -90 FILE #: DEV 90-015 (X-REF LD 699/89) SUBJECT: REMOVAL OF "HOLDING (H) " SYMBOL TO IMPLEMENT LAND DIVISION COMMITTEE APPLICATION LD 699/89 APPLICANT: WM. TONNO CONSTRUCTION LTD. PART LOT 33, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 90-015 (X-REF LD 699/89) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 85 -90 be received; 2 . THAT Rezoning Application submitted by Wm. Tonno Construction Ltd. requesting the removal of the "Holding (H) " symbol from the subject lands within Part Lot 33, Concession 2, former Township of 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 February 1, 1990 the Planning and Development Department received an application submitted by Wm. Tonno Construction Ltd. requesting the removal of the "Holding (H) " symbol from lands owned in Part Lot 33, Concession 2, former Township of Darlington. 1.2 Staff note the lands in question were subject to land severance application (LD 699/89) . Land Division Committee granted approval to the creation of one lot for semi-detached/link dwellings in addition to the retained lot, subject to conditions of approval. . .2 REPORT NO. : PD- 85 -90 PAGE 2 One of Staff 's conditions of approval required the removal of the "Holding (H) " symbol from the present " (H) Rl" zoning. 2 . COMMENTS 2 . 1 The subject property is presently zoned "Holding - Urban Residential Type One ( (H)Rl) " . The "Holding" 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. 2 .2 This parcel was created by consent and as a condition of this approval, the requirements of the Town of Newcastle has to be fulfilled including conformity to the Zoning By-law. Hence, the removal of the "Holding" symbol is necessary to implement the condition of approval as imposed by the Durham Region Land Division Committee. Notwithstanding the removal of the "Holding (H) " symbol, the applicant has satisfied all requirements of the Town of Newcastle. 2 . 3 Staff would note for Committee's information that 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 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 of same. 2 .4 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 By-law and Schedule. �56 . . . .3 REPORT NO. : PD- 85 -90 PAGE 3 Respectfully submitted, Recommended for presentation to the Committee . " Franklin Wu, M.C. I .P. L wrenc Kotseff DIrector of Planning Chief 'nistrative and Development Offic DM*FW*cc *Attach 26 February 1990 Interested parties to be notified of Council and Committee's decision: Wm. Tonno Construction Ltd. 650 King Street East Suite 215 OSHAWA, Ontario L1H 1G5 D. G. Biddle & Associates Ltd. 96 King Street East OSHAWA, Ontario L1H 1B6 DN: HR1 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 90- 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 in accordance with application DEV 90-015 to permit the development of one (1) semi-detached/link lot. 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 (Rl) " 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 1990. BY-LAW read a second time this day of 1990. BY-LAW read a third time and finally passed this day of 1990. MAYOR CLERK 3JV This is Schedule "A" to By-law 90 - , passed this day of , 1990 A.D. 0 Cep S�R�E'( I LOT 34 i LOT 33 CONCESSION 3 v> N66026,40"E 62 402 � d0 o O(0 LO M 00� ED Z QD Z 5p A,0 E }'1 759 N66°26 40 LL. 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