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
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.-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