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HomeMy WebLinkAboutPD-216-91 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: PART-LOT.GPA REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, September 23, 1991 Res. # By-Law# Report#:PD_-_nfL-_9_l_ File#: __P!1 -840 Subject: EXEMPTION FROM PART LOT CONTROL - PLAN 1OM-840 APPLICANT: EIRAM DEVELOPMENTS CORPORATION 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-216-91 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 33 and 55 to 62 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 requesting removal of Part Lot Control for all of the semi 2 REPORT NO. : PD-216-91 PAGE 2 detached lots and townhouse lots within Plan 10M 840 (lots 1 to 131 inclusive) . Staff would note that only the draft 1OR 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 Council in consideration of Staff Report PD-147-91 endorsed the following resolution: "THAT Report PD-147-91 be reviewed; 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 10M 840 be APPROVED; 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 THAT G. M. Sernas and Associates be so advised. " 3 . COMMENTS: 3 . 1 As noted in Staff Report PD-147-91, in order for staff to include all the Townhouse lots within a proposed Part Lot Control Plan, the 1OR Plan for each townhouse block is to be submitted and reviewed for compliance with the provisions of By-law 84-63. 3 .2 Staff was forwarded on September 11, 1991, the 1OR Plans for Lots 33 and 55 to 62 inclusive, for review purposes and the preparation of the appropriate Part Lot Control By-law. . . . 3 r) .) f REPORT NO. : PD-216-91 PAGE 3 3 . 3 Staff has no objections to the approval of the by-law exempting the lots as contained therein from Part Lot Control. It is noted for Committee's information that all lots within Phase I that required Committee and Council 's consideration of a Part Lot Control By-law have now been completed. 3 .4 Attached hereto is a by-law to exempt the subject lands (lots 33, 55 to 62) 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. 3.5 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 Franklin Wu, M.C.I .P. Lawrence/E Kotseff Director of Planning Chief A i istrative and Development Officer LDT*FW*cc *Attach 13 September 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 i I LIBERTY STREET ate PAnT 2 PLAN On-134t; ��1ia77 I Y:I mo'2g n p.. f1SnOS-7i3lZ-` 12�`l4- BM37 ,/.gin••—: .___. __• TV�^. I' T}���� `,°T C'�,1,, :�� kHfll ;.; :::{}{j:::::i � .✓•.r w.. .oa.o ... C(• I ..,.•r �. i Yni MNNO COURT NI I e•+ W . �1w .e•r w Y ♦.r. 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WHEREAS the Council of the Corporation of the Town of Newcastle deems it desirable to exempt from Part Lot Control, 33 and 55 to 62 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 (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: 1. Lots 33 and 55 to 63 inclusive on Plan 1OM-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