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Home My WebLink AboutPD-135-91 TIDE CORPORATION OF THE TOWN OF NEWCASTLE DN: DEV91024 .GPA REPORT Meeting: General Purpose and Administration Committee File# jILA t-'L Date: Monday, June 17, 1991 Res. # By-Law# _2L_ Report#;PD-135-90 File#: DEV 90-024 (X-REF LD 593/89 & LD 184/91) Subject. REMOVAL OF "HOLDING (H) -- SYMBOL TO IMPLEMENT LAND DIVISION COMMITTEE APPLICATION LD 593/89 & LD 184/91 PART LOT 35, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 91-024 (X-REF LD 593/89 & 184/91) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-135-91 be received; 2 . THAT Rezoning Application Dev 91-024 submitted by Kingsberry Properties requesting the removal of the "Holding (H) " symbol from the subject lands be APPROVED; 3 . THAT any delegation and those persons listed in this report be advised of Council 's decision; and 4 . THAT a copy of this report and the amending by-law be forwarded to the Region of Durham Planning Department. 1. APPLICATION DETAILS 1. 1 Applicant: Kingsberry Properties 1. 2 Rezoning: Removal of "Holding (H) " provision 1. 3 Land Severance: to create two (2) , 620 m2 lots for single family dwellings while retaining a 660 m2 parcel . 2. BACKGROUND 2 . 1 In August of 1990 an application was received by the Town of Newcastle Planning and Develoment Department requesting removal of the "Holding (H) " provision from the lands associated with a Land Severance application (LD 593/89 and LD 594/89) . The subject lands are located in Part Lot 35, Concession 2, Former Township of Darlington, municipally known as 30A, 30B and 32 Foxhunt Trail. . . . .2`1 PAP°L�° ELY°E THIS 13 PPIHIE-Y RECYCLID PAPER REPORT NO. PD-135-91 PAGE 2 2 . 2 The Land Division Committee approved application LD 593/89 at a meeting on April 23, 1990, while LD594/89 was approved August 27, 1990 . Both applications were approved subject to conditions. Application LD 593/89 lapsed May 3, 1991, and the applicant reapplied under LD 184/91. The severed lots have frontages of 14 . 09 m and a depth of 44 . 0 m. The retained lot has a frontage of 15 . 0 m. The two severed lots received minor variances of 0 .91 m on the lot frontage from the Committee of Adjustment (Al2/90 and A 13/90) . The three lots comply to the zone provisions of the 11R1" zone for the erection of a single family dwelling unit on each lot. 3. COMONTS 3 . 1 The subject property is presently zoned "Holding-Urban Residential Type One ( (H)R1) . 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. The properties subject to the rezoning application received no objections through the land severance circulation from Regional Planning or Regional Public Works. In addition, Regional Public Works Department Staff have sent their clearance letter on LD 593/89 and 594/89, indicating all their conditions have been satisfied. 3 .2 This parcel was created by consent and as a condition of the land severance approval, the requirements of the Town of Newcastle must be satisfied, including conformity to the Comprehensive Zoning By- law. In addition, building permit for the subject lands can not be issued until the "Holding (H) " symbol has been removed by By- law. 3 . 3 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 of same. . . . .3 REPORT NO. PD-135-91 PAGE 3 4. RECOMMENDATION 4 . 1 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. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. Lawrenc Kotseff Director of Planning Chief inistrative and Development Offic r CP*FW*cc *Attach 5 June 1991 Interested parties to be notified of Council and Committee's decision: Kingsberry Properties 319 College Avenue P.O. Box 11 OSHAWA, Ontario L1H 7K8 I I i I 2 DN; DEV91024.GPA THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 91- 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 91-24 to permit the development of three single family dwelling lots associated with applications LD 693/89 and LD 184/91. 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)" 2. Schedule "A" attached hereto shall form part of this By-law. n 3. This By-law shall come into effect on the date of the passing hereof,subject to the provisions of Section 36 of the Planning Act. BY-LAW read a first time this day of 1991. BY-LAW read a second time this day of 1991. BY-LAW read a third time and finally passed this day of 1991. MAYOR CLERK `t 7 This is Schedule "A" to By-law 91 - , passed this day of , 1991 A.D. 4401 N71053'00"E x N N LOT 3 35 CO N C, 0 2 �Q o 0 44.01 N71053'00 E RWNSOROUGH Z LANE co J FOXHUN T' TRAIL ®ZONING CHANGE FROW(H )RI ' TO 1 R I 0 10 20 40m Mayor 10 0 5 4 20 Cl0ri LOT 35 LOT 34 LOT 33 RI RI NASH o ROAD (H)RI R o p (1 C5 ` C5-3 RI.4 _ R2 c2a C5 CI C5 — ° EP c5 C5 HWY.N-2 RI e H R1 (H)RI — -- N RI jl Z �I lH1 EP 0 O d R1 U) R RI W & R1 u ; z ' -`I 0 J RI RI U EP R1 I II R1 `H'H' II 0 50 100 200 300m COURTICE re•1 ^, } Som ® - SUBJECT SITE LOT 35 LOT 34 LOT 33 s RI RI NASH 2 ROAD 0 N (H)Rl Z R 1 y W V u R >-K N W_ C7 C5 W 0 C5-3 0 R1-4 R2 c2, C5 Cl C5 c G EP C5 HWY, Iy�2 — c5 R1 ' R1 _--- N R' 1 �E (H)R Z = (H) EP 1 0 O H)9l Ri cn R 1 �, 0 0 Rl W i WO R 1 'Fw cr — a Z tH) z Rt R1 0 Z w EP R (H)R' (H) R I o (H) KIN SWOOD R') � EP 0 50 M ZW 3w m m M KE mAP SOmi' *A e v