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HomeMy WebLinkAboutPD-72-83 C O N F I D E N T I A L t,;�. �' e� O _ �(h� C. �- CONFIDENTIAL CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB UO TEL.(416)263-2231 CONFIDENTIAL REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF JUNE 6th, 1983 REPORT NO. : PD-72-83 SUBJECT: PETES ESSO SERVICE - SCUGOG ROAD PART OF LOT 13, CONCESSION 2, BOWMANVILLE OUR FILE: DEV 79-47 RECOMMENDATION: t It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-72-83 be received; and * 2. That the attached Development Agreement be approved for execution. 3. That the attached by-law authorizing execution of an agreement between and the Town of Newcastle be approved. BACKGROUND: On March 17th, 1980, the former Planning Committee considered Staff Report No. P-46-80 in respect of an application for rezoning submitted by Petes Esso Service. The subject application requested a rezoning to recognize j the existing legal non-conforming service station, and to permit expansion of this use to include the display and sale of up to three cars, as well as to permit the display and sale of up to five cars in the front yard of the single family dwelling immediately to the north. I . i i Report No: PO-71-83 .. ./2 Based upon the Committee's review, the subject application was denied. Subsequently, acting on a complaint from a member of the public, the owner of the subject lands was charged with contravening the Town 's Zoning By-laws. Court proceedings in respect of this charge have been adjourned until May 17th, 1983. In the interim, it has been suggested to staff by Mr. Brady, the Town's Solicitor, that the Town 's case is very weak and, in his opinion, unlikely to succeed. If this should happen, the Town would be at a loss to prevent the sale of automobiles from this lot, a use which, I might add, could become a nuisance to residents of the area if left uncontrolled. In that regard, following discussions between the Town's Solicitor, the solicitor for the owner, and the Town Clerk, it was suggested that the interests of both parties may be best met through a Development Agreement which clearly stipulates the uses permitted on the subject lands and, when registered against title, would afford the Muncipality with some control over the use. Similarly, it would provide the owner with certain legal assurances as to the continued use of the land without the necessity of a rezoning. COMMENTS: In view of the Town Solicitor's professional opinion that the Town would be unlikely to succeed in obtaining a conviction in respect of the pending charges , staff have prepared a draft Development Agreement which has been reviewed by the applicant and signed back as an acceptable means of resolving the matter. Report No: PD-71-83 . . ./3 A copy of the proposed Agreement is attached for Committee's consideration, and should the Committee concur with the content and intent of the subject Agreement , staff would recommend that it be forwarded to Council for approval and execution. Respec 1 fitted, T. T. Edwards, M.C.I.P. Director of Planning E*m j c i I !Ij I11L CORPORATION OF 111E IOWN OI NI.WCASILE BY-LAW NUMBER 83 91 I ' being a By-law to authorize the entering into of a Development Agreement with Peter Vanderveer. 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 Corporation of the Town of Newcastle, and seal with the Corporation's seal , a Development Agreement between Peter Vanderveer and the said Corporation dated the day of 1983, in the form attached hereto as Schedule "X". 2. THAT Schedule "X" attached hereto forms part of this by-law. i BY-LAW read a first time this 13th day of June 1983 BY-LAW read a second time this 13th day of June 1983 BY-LAW read a third time and finally passed this 13th day of June 1983 i G. B. RI KARD, MAYOR D. W. OAKES, CLERK s i i i;. �I I 1, I i SCIIEDULC "X TO BY-LAW II3-91 DEVELOPMENT AGREEMENT MAIIF (in quintuplicate) this clay of 1983 I � i BETWEEN: PETER VANDERVEER hereinafter called the "OWNER" OF THE FIRST PART - and THE CORPORATION OF THE TOWN OF NEWCASTLE, hereinafter called the "TOWN" OF THE SECOND PART WHEREAS the lands affected by this agreement, are described in Schedule "A" hereto and hereinafter referred to as the "said lands"; AND WHEREAS the Owner has represented to the Town that the said lands are registered in the name of Peter VanDerVeer as stated in the affidavit attached to this agreement as Schedule "B"; r � AND WHEREAS the Town has identified concern with respect to vehicles parking within the Municipal Road Allowance; the location of vehicular parking in respect to the building on said lands; the sale " of used automobiles; outdoor storage of wrecked and inoperative automobiles and outdoor storage of automobile parts; AND WHEREAS the Town acknowledges that the use of the "said lands" as an automobile service station are deemed to be legal non-conforming by By-law No. 1587, of the Town of Newcastle; AND WHEREAS the Owner covenants and agrees that pursuant to the appropriate provisions of Zoning By-law 1587, the use of "said lands" shall be restricted to that of an automobile service station within the realm of Section 3,7 of said By-law, and a public garage for mechanical repairs exclusive of the storage of automobiles. t Furthermore the use of a public garage shall be deemed to include small engine repairs and service, ice skate sharpening and the occasional sale of motor vehicles provided that no more than one motor vehicle may be located on site and displayed for sale at any one time, and that it is- further understood that the sale of motor vehicles from the lands shall be and shall remain an ancillary and subordinate use to that of the public garage," NOW THEREFORE, in consideration of the mutual agreements and covenants hereinafter contained, the parties hereto agree as ,, follows: gym., 9 k i I. Annexed hereto and marked as Schedule "C" is a site plan j showing the size and location of the building erected on the "said < lands". } 2. The Owner agrees that no buildings or structures, other than the building shown on Schedule "C" shall be erected on the "said f' lands", unless otherwise approved by the Director of Planning and the I ' x Director of Public Works. The Owner further agrees that the use of i said lands" shall be restricted to that of an automobile service station within the realm of Section 3.7 of said By-law, and a public I garage for machanical repairs exclusive of the storage of automobiles. Furthermore, the use of a public garage shall be deemed to include small engine repairs and service, ice skate sharpening and the occasional sale of motor vehicles provided that no more than one motor vehicle may be located on site and displayed for sale at any one time, and that it is further understood that the sale of motor vehicles from the lands shall be and shall remain an ancillary and subordinate use to that of the public garage. 3. PARKING AND LOADING The Owner agrees to provide and maintain off-street parking and driveway access in accordance with Schedule "C" and to do so in accordance with specifications to be approved by the Director of Public Works which may include a surfacing of parking areas with concrete or bituminious asphalt. The parking of vehicles shall not be permitted on access or driveway areas maintained as fire access routes, and such fire access routes shall be signed and maintained to the satisfaction of the Fire Chief. i 4. GARBAGE AND WASTE (a) The Owner agrees to provide and maintain enclosed garbage and waste storage facilities as may be required by the Town for the storage of garbage and other waste materials from the buildings on the said lands, in accordance with plans and specifications to be approved by the Director of Public Works and the Fire Chief, (b) The Owner further agrees to remove garbage and other waste materials as often as may be required by the Director of Public Works and the Fire Chief. 5. SNOW REMOVAL The Owner agrees to remove all snow from access ramps, driveways, parking areas, loading areas and walkways within twelve hours of the cessation of any fall of snow. f, � r 1 - 3 - J� 6. GRADING AND DRAINAGE The Owner agrees to maintain the grading of and continue to � . provide for the disposal of storm, surface and waste water from the said lands" and from any buildings or structures thereon. Any alteration to existing grading and drainage shall require the approval of the Director of Public Works prior to any such works ` t 4 i being undertaken, 7. REGISTRATION AND ENFORCEMENT The Owner agrees that the Town may register this Agreement i against the title to the "said lands" and that the Town may enforce the provisions of this Agreement against the Owner of the "said i lands" and subject to the provisions of the Registry Act and the Land y and all subsequent Titles Act, as amended, against an owners of the "said lands". The Owner further agrees to reimburse the Town for all reasonable legal fees associated with the preparation and undertaking `f the registration of this agreement. 8. SIGNS The Town further agrees that upon the Owners complying with E provisions of By-law 76-25, as amended (Sign By-law), sign permits will be issued in accordance with said By-law subject to payment of the usual permit fees currently in force. i 9. INTERPRETATION NOT AFFECTED BY HEADINGS The division of this Agreement into paragraphs and the insertion of headings are for convenience of reference only and shall not in any way affect the interpretation of this Agreement. IN WITNESS WHEREOF the parties have hereto affixed their hands and seals and/or corporate seals by the hands of their proper signing officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) In the presence of: ) )� PETER VANDERVEER THE CORPORATION OF THE TOWN OF NEWCASTLE MAYOR CLERK r 1 THIS IS SCHEDULE "A" to the Agreement which has been authorized and I j approved by By-law No, of the Town of Newcastle, enacted !' 1 and passed the day of 198 i LEGAL DESCRIPTION OF SAID LANDS f li it i E � I + � i - i i 4 ; IN WITNESS WHEREOF the parties have hereto affixed their corporate seals by the hands of their proper signing officers duly authorized in that behalf. At j t ) PETER VANDERVEER THE CORPORATION OF THE TOWN OF NEWCASTLE 2 MAYOR i CLERK 3 i I k �i t THIS IS SCHLDULE "6" to the Agreement: which has been authorized dnd j approved by 8y-law No. of the Town of Newcastle, enacted and passed the day of 198 AFFIDAVIT OF OWNERSHIP i If I ; R i 1 k i t+. i i r i i • i � 1'IIIS IS SCIICIJUIJ: "L" to i.he Ayri!uinenl, which has been aul,hurltod and I j approved by By-law No, of the Town of Newcastle, enacted i and passed the day of 198 i is r j I IN WITNESS WHEREOF the parties have hereto affixed their corporate seals by the hands of their proper signing officers duly authorized in that behalf. PETER VANDERVEER THE CORPORATION OF THE TOWN OF NEWCASTLE of _MNYOR ) CLERK i ALAN SHOWING Right - of - Way (Inst Ns 8919) PART 0FL0TS2AND5,ALL 0FL0TS3AND 4 STURROCK ROAD i ACCORDING TOREG/STEREO PLAN N°82 "�--.- N �'_ f �=a AND PART OF TOWNSH/PLOT/3,CONCESS/GW 2 55-o" o _ ALL W1 THIN THE UM/TS OF THE TOWN OFSOWMANV/LLE t V A COUNTY OFDURHAM f _ a INST. NQ 23413 I a SCALE• / inch = 30 feel x a F 2_ —15-0 N 740 00'f /,50'- 0 L4 0 7 f~• 222 w— _203 -Amin c°x.Base ..`.� : L C--,*R~.v w l/ - ' 0/SMA-4 1 X95.firwva - . j Cone/e Block r x _ 40/ ^:? Q_j a O1� � Service Garage o� a I ac po W fM 2 20 \'� ,,, - - 3a.Bri- � Lr /o' : 1 ••• N74CE . T ml-- _ Lor LINE ,FIRF,� pRDUIT�t (-- A 15.0'- '-Z- N 74000'E INST. N4 7Z17 A/50 O ,N 74000 E 165'-0" r ry d SURVEYORS CERTIFICATE O HEREBY CERT IFY THAT r22112 _ n _ c7 and the Story -Q t Regstry Act and the regu/ahons mode thereunder.Block Owe/ling N°71 Sczga�St -h 8 2 The survey was completed on tne9th day ofHlorch,1971. O O O INST. N4 11316 O �� _ i 2 O LMf a 6--t co 71017 ti Rc z R MARCH/0,197/ D BROWN — D Ontario Land Surveyor a j N 74000'E 65-0 U 1106 r•t I O• 1 i•% 1 ` 0 + Denotes tic»Bor 518'x 5,&'.24"long v .. q. 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