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HomeMy WebLinkAboutPD-117-85 JV (a 4 File IVo..�Od�.3 5.v a 5 3 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1JO TEL.(416)263.2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF SEPTEMBER 16, 1985 REPORT NO. : PD-117-85 SUBJECT: APPLICATION TO REMOVE THE HOLDING SYMBOL FROM THE "(H)R1-URBAN RESIDENTIAL TYPE ONE" ZONE PART LOT 28, CONCESSION 1, FORMER VILLAGE OF NEWCASTLE - FILE: DEV 85-20 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-117-85 be received; and 2. That the application submitted by Mr. Milton Potter to rezone a parcel of land in Part of Lot 28, Concession 1, former Village of Newcastle, requesting the removal of the (H) Holding symbol from the (H)R1- Urban Residential Type One Zone of said lands be approved; and * 3. That the attached by-law hereto be forwarded to Council for approval . . . .2 REPORT NO. : PD-117-85 Page 2 BACKGROUND AND COMMENT: On July 18, 1985, the Planning Department received an application submitted by Mr. Milton Potter to rezone a 0.89 hectare parcel of land located in Part of Lot 28, Concession 1, former Village of Newcastle. The purpose of the application is to remove the Holding symbol from the lands which are currently zoned "(H)R1-(Holding)R1- Urban Residential Type One Zone" to permit the severance of one (1) residential building lot. Staff note that the subject lands are designated "Residential " by both the Durham Regional Official Plan and the Newcastle Village Urban Area Plan. In accordance with departmental policy, the subject application was circulated to various departments and agencies for comments. The following is a summary of the major comments received: Region of Durham Works Department "The existing dwelling on the subject property (403 (dill Street South) is currently serviced with sanitary sewer and municipal waste supply. Full municipal services are also available to the proposed dwelling through the abutting sanitary sewers and watermain on Robert Street. We anticipate that the Region' s requirements for the proposed development will be covered through the conditions to be imposed by the Durham Land Division Committee on the related consent application (LD 266/85) ." Ministry of Transportation and Communications "The Ministry of Transportation and Communications had no objection to the proposed rezoning." . . .3 i iuu Cad REPORT NO. : PD-117-85 Page 3 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; 1. will be adequately serviced; 2. the lands to be used has adequate access ; 3. prior uses of the land will not prevent the use of the land for the purposes intended by the by-law; 4. that the land and proposed uses will be adequately protected from any physical or manmade hazard or conditions associated with the land ; and 5. that 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 note that the Region has indicated that both municipal sewer and water services will be available -to the proposed severed lot. As well , the proposed lot fronts on a maintained municipal road and both the severed and retained lots would conform to the minimum requirements of the "R1" zone. A development plan has not, as of yet , been prepared for the neighbourhood in which the proposed lot would be located; however, Staff note that the creation of the new lot could be considered infilling inasmuch as there are residential units to both the east and the west of the proposed lot. The severance of this one lot would not prejudice the future development of the neighbourhood in a comprehensive and co-ordinated manner. At the time of writing of this report , an application to sever the proposed lot had not been submitted to the Region of Durham Land Division Committee. At such time as a severance application is circulated to the Town of Newcastle, Staff will provide conditions of approval in comments to the Land Division Committee, provided . . .4 REPORT NO. : PO-117-85 Page 4 that the application for the removal of the Holding symbol currently being considered by Committee is approved. The Region of Durham Works Department has indicated that any conditions they have for the creation of the proposed lot, would be placed as conditions of approval on the severance application. In consideration of the above comments and provision of By-law 84-63 respecting the removal of the (H) Holding symbol , Staff have * no objection to the removal of same as shown on the attached by-law and schedule hereto. 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 approval of same. Respectful 1 --�itted, F, �r T.T. Edwards, M.C.I .P. Director of Planning JAS*TTE*jip *Attach. August 2, 1985 Applicant: Mr. Milton Potter 403 Mill Street P.O. Box 67 NEWCASTLE, Ontario LOA 1H0 I i u Ca) 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 "5" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "(H)R1" to "R1" as indicated on the attached Schedule "X" hereto. 2. The 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 1985 BY-LAW read a second time this day of 1985 BY-LAW read a third time and finally passed this day of 1985. - -----PTl OR CLERK This is Schedule "X" to By-law 85N- passed this day of , 1985 A.D. ROBERT STREET r N.71023'30"E. 56.88 }—{ 7.16 JI. m N N '00 O 0 N N O N N Yr 1 N71027'30°E 3173 w . W h O� N (!1 v 3 ,D 3 _1 O O J ° 0 _ Ck: 0 M V M 0 J M LID i z z N71027'30"E 1678 ® ZONE CHANGE TO 'r RI �r 0 5 IO 20m Mayor Sm Cleric LOT 29 LOT 28 LOT 27 RI-3 A l CI C, CI R2 1 Cl c, i R2 I R11 � II I F II EP�, R,.3 t.- 1 (H)R1 _ Rl-1�.-,�—Subject 1 z 0 ml EPi 1 q q U e I z - EP ° [_ NEWCASTLE VILLAGE ° 3O®m 50m 0