HomeMy WebLinkAboutPD-208-90 TOWN OF NEWCASTLE
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By-Law # p
MEETING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: . Monday, June 18, 1990
REPORT #: PD-208-90 FILE #: 18T-86038
SUECT: TRANSFER OF BLOCKS 70 AND 71, 1OM-800
EXEMPTION FROM PART LOT CONTROL
PLAN OF SUBDIVISION 18T-86038 - SCHICKEDANZ BROTHERS LIMITED
PART OF LOT 9, CONCESSION 1, BOWMANVILLE, BLOCKS 70 AND 71,
1OM-800
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose &
Administration Committee recommend to Council the following:
1. THAT Report PD-208-90 be received;
2 . THAT the Mayor and Clerk be authorized to execute on behalf
of the Corporation of the Town of Newcastle the purchase and
sale agreement and transfer documentation respecting Blocks
70 and 71 on Plan 1OM-800 with Schickedanz Brothers Limited;
3 . THAT the subsequent registration be completed at the
applicant's expense;
4 . THAT the request submitted by Mr. Lawrence Wesson, Solicitor
on behalf of Schickedanz Brothers Limited, thereby exempting
Blocks 70 and 71 as shown on Plan 1OM-800 from Part Lot
Control be acknowledged;
5 . THAT the attached by-law be approved and forwarded to the
Regional Municipality of Durham pursuant to Section 49
Subsection (7) of the Planning Act; and
6 . THAT a copy of said report be forwarded to the Region of
Durham Planning Department.
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REPORT PD-208-90 PAGE 2
1. BACKGROUND
1. 1 The Subdivision Agreement pertaining to Plan of Subdivision
18T-86038 as executed by the Town of Newcastle and Schickedanz
Brothers Limited was registered on title on October 20, 1987
as instrument number 10239 .
1.2 Within the Development Agreement, Blocks 70 and 71 are
described as follows:
a) The Owner agrees to convey Blocks 70, 71 to the Town of
Newcastle and to construct temporary/emergency accesses
on the said blocks to the satisfaction of the Town of
Newcastle. The Town hereby acknowledges that Blocks 70
and 71 shall be subject to easements in favour of
Newcastle Hydro Electric Commission.
b) Blocks 70 and 71 are to be held in escrow by the Town of
Newcastle and will be ultimately conveyed to Schickedanz
Brothers Limited free of charges .
c) The Town of Newcastle will convey Block 70 and 71 to
Schickedanz Brothers Limited upon the completion of
Marchwood Crescent and Trudeau Drive.
2. STAFF COMMENTS
2 . 1 The General Purpose and Administration Committee, at their
June 4, 1990 meeting, endorsed Public Works Department Staff
Report WD-44-90 and the recommendation contained therein that
a by-law be passed to dedicate Parts 1 and 2 on Plan 1OR-3549
as public road allowance - the extension of Trudeau Drive.
2 .2 Through the extension of Trudeau Drive, a secondary access has
been provided to the subdivision and the temporary/emergency
access over Blocks 70 and 71 are no longer required. Staff
would note that the lands required for the future extension
of Marchwood and the southerly portion of Trudeau Drive are
not owned by Schickedanz Brothers Limited, nor has a plan of
Subdivision been filed for the development of said lands.
. . . /3
REPORT PD-208-90 PAGE 3
2 . 3 Pursuant to the provisions of the Subdivision Agreement,
Blocks 70 and 71 can now be conveyed to Schickedanz Brothers
Limited.
2 .4 Prior to the issuance of any building permits, Schickedanz
Brothers Limited, will be required to comply with the
provisions of the Subdivision Agreement pertaining to the
issuance of building permits for Blocks 70 and 71 including
the payment of appropriate lot development charges .
2 .5 In consideration of the Newcastle Hydro Electric Commission
easements over said blocks, any necessary approvals from the
Commission prior to the issuance of building permits, will be
the responsibility of Schickedanz Brothers Limited to obtain.
2 .6 Pending the transfer of Blocks 70 and 71, the Town has been
requested to consider an exemption from Part Lot Control for
each block.
2 . 7 The purpose for removal of Part Lot Control is to permit the
construction of semi-detached/link dwelling units on the
blocks in question which have been zoned for semi-detached
and/or linked dwellings. This process will enable these
blocks to be divided and resurveyed after the dwelling
foundations are in place.
2 . 8 These blocks are located in a registered plan of subdivision
and there is an existing subdivision agreement in place to
cover the Town's financial interest, including the payment of
lot levies .
3. CONCLUSIONS
3 . 1 Pursuant to the terms of the Development Agreement, Staff has
no objections to the transferring of Blocks 70 and 71 to
Schickedanz Brothers Limited, nor to the approval of the by-
law exempting the subject lands from Part Lot Control.
. . . /4
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REPORT PD-208-90 PAGE 4
3 .2 Attached hereto are two (2) by-laws for the following
purposes:
1) 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 said Act. This by-law requires approval of
Council and the Regional Municipality.
2) a by-law to authorize the Mayor and Clerk to execute on
behalf of the Corporation of the Town of Newcastle, a
purchase and sale agreement and transfer documentation
for Blocks 70 and 71 to Schickedanz Brothers Limited.
3 . 3 Once all the dwellings are erected and conveyed, Staff will
bring forth a b-law repealing this by-law so that Part Lot
Control will be restored on the subject property in accordance
with the Planning Act.
Respectfully Submitted, Recommended for presentation to
to the ommittee,
Franklin Wu, M.C. I .P. Uawrencqtg. Kotseff,
Director of Planning and Chief A nistrative Officer
Development
LT*FW*lp
8 June 1990
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TOWN OF NEWCASTLE
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 90-
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, Blocks 70 and
71 on Plan 1OM-800 registered at the Land Registry Office for the
Land Registry Division of Newcastle (No. 10) on December 8, 1987.
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 this
By-law.
2. 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:
1. Blocks 70 and 71 on Plan 1OM-800
BY-LAW read a first time this day of 1990
BY-LAW read a second time this day of 1990
BY-LAW read a third time and finally passed this day of
1990.
MAYOR
CLERK
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 90-
being a by-law to authorize the entering into an Agreement
with Schickedanz Brothers Limited and the Corporation of the
Town of Newcastle to allow a transfer of Blocks 70 and 71 on
Plan 1OM-800 in association with the approval of Plan of
Subdivision 18T-86038.
The Council of the Corporation of the Town of Newcastle hereby
enacts as follows:
1. THAT the Mayor and Clerk are hereby authorized to execute, on
behalf of the Town, an appropriate Agreement of Purchase and
Sale and the subsequent registration documentation pertaining
to Block 70 and 71 on Plan 1OM-800.
BY-LAW read a first time this day of 1990
BY-LAW read a second time this day of 1990
BY-LAW read a third time and finally passed this day of
1990.
MAYOR
CLERK