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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 JULY 15, 1985
REPORT NO. : PD-106-85
SUBJECT: APPLICATION TO REMOVE THE HOLDING SYMBOL FROM THE
"(H) R1 -URBAN RESIDENTIAL TYPE ONE ZONE"
PART LOT 32, CONCESSION 2, former Twp. of Darlington
FILE: DEV 85-16
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following :
1 . That Report PD-106-85 be received; and
2. That the application submitted by Mr. Wesley Oke, to
rezone a parcel of land in Part of Lot 32, Conc. 2
former Township of Darlington, requesting the removal
of the (H) Holding Symbol from the (H) Rl -Urban
Residential Type One zone of said land be approved and
* that the attached by-law hereto be forwarded to
Council for approval .
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REPORT NO. : PD-106-85 Page 2
BACKGROUND AND COMMENT:
On April 15, 1985, the Regional Land Division Committee approved an
application - LD 119/85 submitted by Mr. Wesley Oke. The
application was for consent to sever a parcel of land for a family
member (employed on the 29.2 hectare farm) . 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 "lands" in question to be severed
were designated "Residential " within the Courtice Urban Area
Official Plan and Courtice South Neighbourhood 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 Courtice
Urban Area Official and the Courtice South Neighbourhood Plan.
Staff in reviewing the application, noted that in consideration of
the requirements of the Durham Regional Health Unit, the lot size
proposed (2790 square metres) was somewhat larger than would be
anticipated when municipal services are available and a plan of
subdivision, in compliance with the Courtice South Neighbourhood
Plan is approved. Staff suggested that in consideration of the
development potential of that portion of the "severed lands" and
"retained land" within the Courtice Urban Area - as noted in the
Courtice South Neighbourhood Plan — that the dwelling units be
located on the "severed lands" so as to provide the opportunity for
the inclusion of the land within a future plan of subdivision of
appropriate lot sizes.
Staff indicated no 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) RV' zone of the "severed lands".
Accordingly on June 7, 1985, the Planning Department received a
rezoning application pertaining to a parcel of land located in Part
of Lot 32, Concession 2, former Township of Darlington 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, ii ) the lands to be used have
adequate access, iii ) prior uses of the land will not prevent the
use of the land for the purposes intended by the By-law, 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 that v) agreements in respect of such matters and the
associated financial requirements, where required, have been
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REPORT NO. : PD-106-85 Page 3
BACKGROUND AND COMMENT:
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 verbal 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 indicates that a servicing agreement
would be registered on title to this effect.
In addition to the above 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 to LD 119/85, noting no objections to same.
Subsequently, the decision pertaining to LD 119/85 in accordance
with Section 52 of the Planning Act was deemed final and binding.
In consideration of the above comments and provisions of By-law
84-63 respecting the removal of the (H) Holding Symbol , staff has
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 (11) 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.
Respectf mitted,
T. T. Edwards, M.C. I.P.
Director of Planning
LDT*TTE*bb
July 3, 1985
CC Mr. Wesley Oke
R. R. #4
Oshawa, Ontario L1H 7K6
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.
2. 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
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This is Schedule "X" to By-law 85-_ ,
passed this day of , 1985 A.D.
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