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HomeMy WebLinkAboutPD-147-91 REPORT #2 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: PART-LOT.GPA REPORT Meeting: COUNCIL File ' Date: MONDAY, JUNE 24, 1991 Res. # By-Law # Report#:PD-1 47- 1 File#: _ LAN i nM-840 Subject: EXEMPTION FROM PART LOT CONTROL - PLAN 1OM-840 APPLICANT: EIRAM DEVELOPMENTS CORP. PART LOT 9 AND 10, CONCESSION 2, BOWMANVILLE FILE: DEV 91-029 Recommendations: It is respectfully recommended that Council approve the following: 1. THAT Report PD-147-91 be received; 2 . THAT the request submitted by G. M. Sernas and Associates Ltd. on behalf of Eiram Development Corporation for removal of Part Lot Control on Lots 1 to 32, 63 to 72 and 126 to 131 inclusive, on Plan 1OM-840 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 4 . THAT G. M. Sernas and Associates be so advised. 1. LOCATION: 1. 1 Registered Plan of Subdivision 10M 840 (phase 1) is located on the south-east corner of Liberty Street and Concession Road # 3 . The residential components of the plan consist of sixteen ( 16) lots for semi-detached dwellings and one hundred and fifteen (115) street townhouse units . The semi-detached units all front onto Fenwick Avenue while the townhouse units front onto Hanning Court, Elford Drive and Pomeroy Street. 2 . BACKGROUND: 2 . 1 Staff received an application from G. M. Sernas and Associates on behalf of Eiram Development Corporation on June 7, 1991 . . .2 PAPER E<YIC°E THIS IS PRINTER ON REGY-D PAPER REPORT NO. : PD-147-91 PAGE 2 requesting removal of Part Lot Control for all of the semi- detached lots and townhouse lots within Plan 10M 840 (lots 1 to 131 inclusive) . Staff would note that only the draft lOR Plans for Lots 1 to 33 (townhouse units) were submitted with the application. In order for Staff to include all the townhouse lots within a proposed Part Lot Control Plan, the 1OR Plans for each townhouse block is to be submitted and reviewed for compliance with the provisions of By-law 84-63 . At such time they are received and reviewed a part lot control by-law will be forwarded to Council for consideration. 2 .2 G. M. Sernas and Associates advised Staff that as a result of the siting of the townhouse units a portion of the foundation wall encroached onto the adjacent lot. Accordingly, Eiram Development Corp. wishes to convey the encroachments to the individual lots/homeowners . 2 . 3 The removal of Part Lot Control would also facilitate the construction and sale of the semi-detached units on lots 63 to 72, and 126 to 131, inclusive. 3 . COMMENTS: 3 . 1 With respect to the request for the removal of Part Lot Control for lots 33, 85, 86, 87 and 88, Staff at this point in time can not concur with the request as lot 33 is subject to a Land Division Committee Application, to be heard by the Committee on July 29, 1991, and lots 85, 86, 87 and 88 are all subject to Committee of Adjustment applications . Pending completion of the respective applications, a Part Lot Control By-law will be forwarded for Council 's consideration at a later date. Staff would note that this additional Part Lot Control By-law may include the townhouse blocks not listed in the By-law attached to this report. . . .3 REPORT NO. : PD-147-91 PAGE 3 3 .2 Staff has no objections to the approval of the by-law exempting the lots as contained therein from Part Lot Control. 3. 3 Attached hereto is a by-law to exempt the subject lands (lots 1 to 32, 63 to 72 and 120 to 131) 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 of Durham. 3 .4 Once all the dwellings are erected and conveyed, Staff will bring forth a by-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 the Council 6"J1 Franklin Wu, M.C.I .P. LawrencdA. Kotseff Director of Planning Chief inistrative and Development Office LDT*FW*cc *Attach 18 June 1991 INTERESTED PARTIES TO BE NOTIFIED OF COUNCIL AND COMMITTEE'S DECISION: Eiram Development Corp G. M. Sernas & Associates 221 North Rivermede Rd. 110 Scotia Court, Unit 41 # 17 WHITBY, Ontario L1N 8Y7 CONCORD, Ontario L4K 3N7 CONCESSION ROAD 3 � Krc•»')v'c :'4:vYi rr>:oa�E w.AOO �-I�ue �N ELFORD $ DRIVE MI_ N7z•30'3 V .YS `a:'r'''<• `+ m 27,600 z BLOCK 134 ..... :::• : $ /°� v. to •� ''•'..':. �% Ik$Yii: ? SS is sq (sOS Se 3 c x •:i1:iQ�• a or 14.414 :•••::S;K•';:�;{;��;:;:;'S •:•:•�1l�::;,:;:;. ::• ::::R'.;M 1$ � ;. M N n7rts'2o'E y it :$i 8 : i �Si; :::I'i>?.'•:,, r 30 36.230 = Lx 0300 ::J]t•{Ni ;;:;•:'• ,, ►'�i74 Mrs.-s0'E- �1 �::•$....... .. d .... ...•.•� r XI:.X.i uwi w s ::::2#:i% 1'11::`•1 ' a i�ii•io3dr:'<;:•::a:•A'1 �p ..7Eira•n A s;:`;i;i........ Is 000- • o :. :•:.�... is i::.:.... .. 1� 'i�:`•i1ii;i�i%`��' ii3ill�i��"��%1�1ii:�' M ► , N �dyy l u► o xx- 23 ti X 7r u•7,01 c 0'f' .13o°�.jp$ :. .....::%:: �:�:;:;::...'..�.•fi:<aM�% n' R ELFORD ?:::'•::?1:1: :•`. {d{EE:::•::a' ao 8 m n lr ar W E to evp ''•f"t.'''` v'�`'''''•� '4'�. ' O o� E Llj N r e��� s• .1.11j't' Y•i: •".5) �0 00 N rJ � ??: ; :•..f;:�<•�•• :.:i .::y��$::•..... '� d b;::::�' 's 7,5 1o,0y .� 1, d � '� •�:. . ,•.�:S >?:':•;� se• P P,6.93 Q ' $55:' a O co A %;':• 0 ► s J 'e` ► :N Y JZ � 'p•••• ::•.i�;Y: {% �`_ 5.0569.OF, Z P 1• 0 4 G*0 1 w Q 6 �:�:?x:111.'?.• 1',��rS:�••. se 1C?: G 10M - 840 F N 0.2 x1 0 0 n n•t) •arc o. se _ • l0 0 :•:11 C. 71.e NM a c aae 27 .i c .os z �{. W 2JO-c �y N 26 U -° p ° X:;»�'•'• QTY{�;�;�; •y-- ••M t'UWE 111.101 � a �0 b .6 ^.F. NOT PART OF W P"00 o N THIS PLAN g O +7.090 c40A 69 � U !!6X17 30'W r� frS Y K7r24w-E OQ630 Y 4, A 25� Y Xrl•t)'20'E 91.47] 31!2133 ve 7 ^70 N G AO• ]fl A.rA°z7 N71"•P2:-£ ►I a�11'L P.'-A6°00 FREELAND AVE. R�1 Xz4.4z3o-E Z. i h' �I. 3 I3 se � 'a •N� � v su me pp N71'--20•E 3:29.510 I' Q.i° 7,I •n N R+S.000 C-29.484 3;C-� A+7,BBi .471.24'10"E N66'45'00"E N o 0.7.090 `<�5t eo [NOT PART BLOCK 139 N6J'17'JO W q+7,627 6,i47� n dQ N OF THIS 1 44 0.7052 4. _ PLAN .-030 LANDS WITHIN PHASE 1 , IOM- 840 DN: 10M840.13L THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 91- 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 32, 63 to 72, 126 to 131 all inclusive on Plan 10M 840 registered at the Land Registry Office for the Land Registry Division of Newcastle (No. 10) on May 16, 1991. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. THAT Subsection(6)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 and thereafter Subsection(6) of Section 49 shall cease to apply to the following lands: 1) Lots 1 to 32, 63 to 73, 126 to 131 all inclusive on Plan 10M 840. BY-LAW read a first time this day of 1991. BY-LAW read a second time this day of 1991. BY-LAW read a third time and finally passed this day of 1991. MAYOR CLERK