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HomeMy WebLinkAboutPD-237-86 TOWN OF NEWCASTLE REPORT File # �• �� C�" Res. #,Q By-Law # NESTING: General Purpose and Administration Committee DATE: Monday, October 20, 1986 REPORT #: PD-237-86 FILE #: DEV 86-31 SUBJECT: APPLICATION TO REMOVE THE HOLDING SYMBOL FROM THE "(H) RH-RESIDENTIAL HAMLET ZONE - HOLDING" KALEE INVESTMENTSW LIMITED ( formerly 1927 INVESTMENTS LIMITED) - Part of Lot 19, Concession 8, former Township of Darlington OUR FILE: DEV 86-31 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-237-86 be received; and 2. THAT e application mi by Kalee investments Limited, requesting the removal of the (ti) Holding Symbol from a parcel of land in Part of Lot 19, Concession 8, former Township of Darlington, be approved and that the attached By-law hereto be i p 9 pp Y- forwarded to Council upon the Owner' s submission of a registered copy of the Subdivision Agreement entered into between the Town of Newcastle and Kalee Investments Limited. BACKGROUND AND COMMENT: On May 12, 1986, the Planning Department received an application submitted by Kalee Investments Limited requesting the removal of (H) Holding provision on a parcel of land * located on Part of Lot 19, Concession 8, former Township of Darlington (see attached). . . .2 s REPORT NO.: PD-237-86 Page 2 As noted within Staff Repord PD-140-86 acknowledging the application the removal of the Holding Symbol shall be upon Council being satisfied that the uses to be permitted will be adequately serviced, the lands to be used have adequate access, prior uses of the land will not prevent the use of the land for the purposes intended by the By-law, but the lands and proposed uses will be adequately protected from many physical or manmade hazards and conditions associated with the lands, and that the Agreements in respect of such matters of the associated financial requirements were required have been executed with the Town of Newcastle and/or the Regional Municipality of Durham. In accordance within departmental procedures the application was circulated to obtain comments from other departments and agencies as noted in Staff Report PD-140-86. In consideration of the application the following departments/agencies offer no objections to the proposals; 1 ) Town of Newcastle Building Department, 2) Town of Newcastle Community Services, 3) Town of Newcastle Works Department, 4) Town of Newcastle Fire Department, 5) Central Lake Ontario Conservation Authority, 6) The Peterborough-Victoria-Northumberland and Newcastle Roman Catholic Separate School Board, 7) Ontario Hydro, 8) Durham Regional Health Unit. 9) Regional Municipality of Durham Planning Department "in response to your request for comments we note that the subject property is located within Enniskillen a designated Hamlet in the Durham Regional Official Plan. The proposed residential development maybe permitted in accordance with Section 10.4.1.2 of the Durham Plan. In the development plan for the Hamlet of Enniskillen the subject property is designated as an area for residential expansion where a maximum of 26 residential lots are permitted. The proposal to implement a draft plan of subdivision for 26 lots conforms. In addition we anticipate that the Region' s requirements for the proposed development will be covered by a Subdivision Agreement based on the conditions of draft approval for Plan 18T-81013." . . .3 r REPORT NO.: PD-237-86 Page 3 Staff Comments: It is noted for the Committee' s information that Town Staff has recently returned to the applicant a copy of the Subdivision Agreement in order that the appropriate signatures may be added and the Agreement (5) copies could be returned for execution by the Town and registration of same. Staff would note the Agreement as prepared incorporates the comments/concerns of the various departments and agencies as expressed through the subdivision process and the rezoning application. In consideration of the above comments and upon the applicant submitting the registered copy of the Subdivision Agreement Staff would have no objection to the removal of the (H) Holding Symbol as shown on the * attached Hy-law and Schedule hereto. Staff would additionally note that within the area applicable for the removal of the (H) Holding Symbol Staff has incorporated the existing * residential dwelling unit (see attached) located north and east of the subject lands. It is noted the subject dwelling - under the ownership of Kalee Investments Limited was severed from the remaining lands through Land Division application LD 399/85. The removal of the (H) Holding Symbol o uld acknowledge the existing singe family dwelling as located within the Residential Hamlet zone. Staff would note for the Committee' s information that pursuant to Section 35 of the Planning Act a Hy-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. Respect ed, T. T. Edwards, M.C. I.P. Director of Planning 61 LDT*TTE*bb October 1, 1986 * Attach. cc Kal ee Investments Limited R.R. #1 Howmavnille, Ontario LIC 3K2 o), 4z j 1 0 sj I N i P i IV (r1 ��O _ .a '-Y� \��,— N.73•'x'.7'-`�'6 QR r'f J 2 AREA /2.35sfxa "Awl- > Q � W This is Schedule X to By-law 86 - , passed this day of , 1986 A.D. LOT 19 , CONCESSION 8 NTIo42'30"E - } .395.04 g� MN e N 2 3 qQ� C 3 z 0 Q N8 1 o�69,�,4y�� Os O I Ao.iS M— }4 V I bti 0 o� J z Q) 9 5 10 A_ y N2o6 bo"E 36 " N72° i O , dOU` , n9 ` JO 6Q p�40„E 000 tNSya z S.E.ANO I LOT I9,CON6 \'I REG/ONAL ROAD M 3 ® ZONE CHANGE FROM '(H )RH' TO 'RH' I Mayor Claris LOT 20 LOT 19 LOT 18 A A-1 CD o EP a Wi i 0 Z '_ (H)RH 0 I EP RH 1! RH-3 REGIONAL ROAO N9 3 1 ) I RH-3 EP ENNISKILLEN ° '° °m 50.0 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 86- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law of 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. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1) Schedule "9" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "(H) RH-Residential Hamlet-Holding" to "kH-kesidential Hamlet" Zone as shown on the attached Schedule "X" hereto. 2) 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 1986 BY-LAW read a second time this day of 1986 by-LAW read a third time and finally passed this day of MAYOR CLERK i i