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HomeMy WebLinkAboutPD-208-90 TOWN OF NEWCASTLE DN: SCHICK.REP REPORT File # o Res. # -- -�• Zo 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. . . ./2 6 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 '> 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 - LOT 10 CONCESSION STREET BkfCK om Is BLOCK 70 Lli V 29 BLOCK 71 23 -LOT 9 TRUDEAU DRIVE P�ar z- 11 T 4y SUBJECT SITE LOT I I LOT 10 LOT 9 11 L PLAN OF SUB DIVISION OF PART OF LOTS It,12,13 AND 14, BLOCK 4 A (FORMERLY PART OF LOT 10,COt,�_-FSSION I 1 11 TOWN OF NEWCASTLE REGIONAL MUNICIPALITY OFF DURHAM ,NVILLE,COUNTY OF DURHAM) (FORMERLY THE TOWN OF 6OWW R _I CONCESSION STREET RI RT Ri 17 r __11111111111 cr R3 Z 18T-86038 EP R3 RI-3 Rl 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 r? / 1 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