HomeMy WebLinkAboutPD-8-92 THE CORPORATION OF THE TOWN OF NEWCASTLE
DN: PENWEST.GPA
REPORT
Meeting: General Purpose and Administration Committee File # r,20--�N�
Date: Monday, January 6, 1992 Res. #
PD- 8 -92 DEV 91-057 By-Law#
Report#:- File#:
Subject: EXEMPTION FROM PART LOT CONTROL
APPLICANT: (PENWEST) 708545 ONTARIO LIMITED
PART LOT 32, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON
FILE: DEV 91-057 (PLAN 40M-1669)
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD- 8 -92 be received;
2 . THAT the request submitted by 708545 Ontario Limited for removal
of Part Lot Control in respect of Lots 1 to 26 inclusive on Plan
40M-1669 be APPROVED;
3 . THAT the attached by-law be approved and forwarded to the Regional
Municipality of Durham pursuant to Section 49 (7) of the Planning
Act; and
3 . THAT the interested parties listed in this report and any
delegation be advised of Council's decision.
1. BACKGROUND
1. 1 Registered Plan of Subdivision (40M-1669) is located between
Prestonvale Road and Trulls Road, north of Oke Road.
1. 2 In November of 1991, the Planning and Development Department
received a request from 708545 Ontario Limited for removal of Part
Lot Control in respect of Lots 1 to 26 inclusive within Registered
Plan 40M-1669.
1. 3 The removal of Part Lot Control would facilitate the construction
of semi-detached/link dwelling units on the above-noted lots. This
process will enable these lots to be divided and resurveyed after
the dwelling foundations are in place.
59 1 6 . . . .2
11 cy-
REPORT NO. PD- 8 -92 PAGE 2
1.4 For the Committee's information, since the above-noted lots are
located in a Registered Plan of Subdivision, there is an existing
Subdivision Agreement in place to cover the Town's financial
interest including the payment of parkland dedication and lot
levies .
2 . STAFF COMMENTS
2 . 1 Staff would have no objection to the approval of a By-law exempting
the subject lands from Part Lot Control.
2 .2 Attached hereto is a By-law to exempt the subject lands from
Section 49 (5) of the Planning Act pursuant to the provisions of
Section 49 (7) of the Planning Act. This By-law requires the
approval of Council and the Regional Municipality of Durham.
2 . 3 Once all the dwellings are erected and conveyed, Staff will prepare
another By-law repealing this By-law in order to restore Part Lot
Control to the subject lands in accordance with the Planning Act.
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C. I .P. Lawrence Kotseff
Director of Planning Chief Admi istrative
and Development Officer
LDT*FW*cc
*Attach
4 December 1991
Interested parties to be notified of Council and Committee's decision:
Folger, Rubinoff,
Barristers & Solicitors
Attention: Mr. Sydney Conn
Suite 4400, P.O. Box 95
Royal Trust Tower
TORONTO, Ontario
M5K 1G8
-997
40M- 1669
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LOTS AFFECTED BY PART LOT CONTROL
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THE CORPORATION OF. THE TOWN OF NEWCASTLE
BY-LAW NUMBER 92-
being a By-law to designate a certain portion of a registered plan
as not being subject to Part Lot Control.
WHEREAS the Council of the Corporation of the Town of Newcastle
deems it desirable to exempt from Part Lot Control, Lots 1 to 26
all inclusive on Plan 40M-1669 registered at the Land Registry
Office for the Land Registry Division of Whitby (No. 40) October
9, 1991.
NOW THEREFORE BE IT RESOLVED THAT THE Council of the Corporation
of the Town of Newcastle enacts as follows:
1. THAT Subsection (5) of Section 49 of the Planning Act shall
not apply to those lands described in Paragraph 2 within the By-
law.
2. THAT this By-law shall come into effect upon being approved
by the Regional Municipality of Durham and thereafter Subsection
(5) of Section 49 shall cease to apply to the following lands:
Lots 1 to 26 all inclusive on Plan 40M-1669.
BY-LAW read a first time this day of , 1992.
BY-LAW read a second time this day of ,
1992.
BY-LAW read a third time and finally passed this day of
1992.
MAYOR
CLERK
599
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 92-
being a By-law to designate a certain portion of a registered plan
as not being subject to Part Lot Control and repeal By-law 92-18.
WHEREAS the Council of the Corporation of the Town of Newcastle
deems it desirable to exempt from Part Lot Control, Lots 1 to 15
and 18 to 26 all inclusive on Plan 40M-1669 registered at the Land
Registry Office for the Land Registry Division of Whitby (No. 40)
October 9, 1991.
NOW THEREFORE BE IT RESOLVED THAT THE Council of the Corporation
of the Town of Newcastle enacts as follows:
1. THAT Subsection (5) of Section 49 of the Planning Act shall
not apply to those lands described in Paragraph 2 within the By-
law.
_. 2. THAT this By-law shall come into effect upon being approved
by the Regional Municipality of Durham and thereafter Subsection
(5) of Section 49 shall cease to apply to the following lands:
Lots 1 to 15 and 18 to 26 all inclusive on Plan 40M-1669.
3. By-law 92-18 is hereby repealed.
BY-LAW read a first time this 27th. day of January , 1992.
BY-LAW read a second time this 27th. day of January ,
1992.
BY-LAW read a third time and finally passed this 27th. day of
January , 1992.
MAYOR
i