HomeMy WebLinkAboutPD-176-85 IU (�)
TOWN OF NEWCASTLE
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MEETING: General Purpose and Administration Committee
DATE: December 9, 1985
REPORT #: PD-176-85 FILE #: DEV 85-31
SUBJECT: REZONING APPLICATION - ED VANHAVERBEKE
APPLICATION TO REMOVE THE HOLDING SYMBOL FROM THE
"(H) R1-URBAN RESIDENTIAL TYPE ONE" ZONE
PART LOT 27, CONCESSION 1, FORMER VILLAGE OF NEWCASTLE
OUR FILE: DEV 85-31
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-176-85 be received; and
2. That the application submitted by Mr. Ed. Vanhaverbeke to rezone a parcel of land
in Part Lot 27, Concession 1, former Village of Newcastle, requested the removal of
the (H) Holding Symbol from the "(H)R1- Urban Residential Type One" zone of said
lands be approved and that the attached by-law hereto be forwarded to Council for
approval .
BACKGROUND AND COMMENT:
i
On October 7th, 1985, the Regional Land Division Committee approved an application - LD
336/85 submitted by Mr. John Smith. The application was for consent to sever a parcel of
land for a single family dwelling. The application was approved subject to several
conditions, consistent with comments as provided for the Committee's information.
In reviewing the application, Staff noted that the
e lands in question to be severed were
designated "Residential " within the Newcastle Village Urban Area Official Plan. It was
noted for the Committee's information that, in Staff's opinion, the severance would not
appear to offend the intent of the Newcastle Village Urban Area Plan. Staff indicated no
REPORT NO. : PD-176-85 Page 2
objections to the severance subject to several conditions, one being the final
and binding approval for an amendment to By-law 84-63 to remove the (H) Holding
symbol from the "(H)R1" zone of the "severed lands".
Accordingly, on October 21, 1985, the Planning Department received a rezoning
application pertaining to a parcel of land located in Part of Lot 27,
Concession 1, former Village of Newcastle, requesting the removal of the (H)
Holding symbol from the "(H)R1" zone.
Within Zoning By-law 84-63, a (H) Holding symbol may be removed by Council upon
Council being satisfied that the uses to be permitted:
i ) will be adequately serviced; and
ii ) the lands to be used have adequate access; and
iii ) prior uses of the land will not prevent the use of the land for
the purposes intended by the by-law; and
iv) that the land and proposed uses will be adequately protected from
any physical or man-made hazard or conditions associated with the
lands; and
v ) agreements in respect of such matters and the associated financial
requirements, where required, have been executed with the Town of
Newcastle and/or the Regional Municipality of Durham.
Staff would note for the Committee' s information that Regional Staff have
provided confirmation that they would have no objections to the removal of the
(H) Holding symbol noting, that as a condition of severance, the applicant was
to "satisfy all the requirements of the Regional Municipality of Durham
concerning the provision of Regional services, financially and otherwise."
Correspondence from the Regional Works Department would confirm this
requirement.
I
In addition, Staff would note that the agencies and departments to which Staff
circulated the rezoning application for their review, provided comment to the
Land Division Committee pertaining LD 336/85 noting no objections to same.
Subsequently, the decision pertaining to LD 336/85, in accordance with Section
52 of the Planning Act, was deemed final and binding.
9
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REPORT NO. : PD-176-85 Page 3
It is noted for the Committee' s information that Staff of the Ministry of
Transportation and Communications have provided verbal confirmation that they
would have no objection to the severance application or the removal of the (H)
Holding symbol thereby permitting the establishment of an additional
residential lot and entrance onto Highway No. 2.
In consideration of the above comments and provisions of By-law 84-63
respecting the removal of the (H) Holding symbol , Staff have no objections to
* the removal of same as shown on the attached by-law and schedule thereto.
Staff would note for the Committee' s information that pursuant to Section 35 of
the Planning Act, a by-law amendment to remove a (H) Holding symbol is not
subject to the normal appeal period so afforded a "standard rezoning
application" and accordingly, is deemed final and binding as of Council 's
approval of same.
Respectfu i tted,
T.T. Edwards, M.C. I .P.
Director of Planning
LUT*TTE*jip
*Attach.
November 20, 1985
cc: Mr. John Smith
NEWCASTLE, Ontario
LOA 1HO
cc: Mr. Ed Vanhaverbeke
214 King Street East
BOWMANVILLE , Ontario
L1C 1P3
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 85-
being a By-law to amend By-law 84-63, as amended, of the Town of
Newcastle.
WHEREAS the Council of the Corporation of the Town of Newcastle
hereby enacts as follows;
1 . Schedule "4" to By-law 84-63, as amended, is hereby further
amended by changing the zone designation from "(H) R1" to "Rl" as
indicated on the attached Schedule "X" hereto.
Z. THAT 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,
1983.
BY-LAW read a first time this day of 1985
BY-LAW read a second time this day of 1985
BY-LAW read a third time and finally passed this day of
1985
MAYOR
CLERK
This is Schedule "X" to By-law 85- ,
passed this day of , 1985 A.D.
HIGHWAY N° 2
—/— 3048(Road Widening)
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