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HomeMy WebLinkAboutPD-109-82 l CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT HAMPTON, ONTARIO LOB 1J0 TEL. (416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF JUNE 28, 1982 REPORT NO. : PD-109-82 SUBJECT: APPLICATION FOR SITE PLAN APPROVAL FORESTRY PLACE - CANADIAN FORESTERS (EASTERN) GROUP - LIBERTY STREET, BOWMANVILLE Our File: S-P-2-32 i RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-109-82 be received; and * 2. That the attached By-law authorizing execution of an Agreement between the Canadian Foresters (Eastern) Group and the Town of Newcastle be approved; and * 3. That the attached Development Agreement between the Canadian Foresters (Eastern) Group and The Corporation of the Town of Newcastle be approved for execution. ; i BACKGROUND: On March 22nd, 1982, the General Purpose and Administration � Committee considered staff Report PD-72-82 in respect of the proposed rezoning of Part of Lot 11 , Concession 1 , r i Report No: PD-109-82 . . ./2 (Registry Office site) to permit the construction of a senior citizens apartment. Following therefrom, the proponents of this development were advised that a Site Plan Agreement with the Municipality would be required and that an application should be made as soon as possible. On June 16th, 1982, an application for Site Plan approval was submitted on behalf of the Foresters, and pursuant to Department procedures has been placed in circulation. COMME14TS: In view of the extensive discussions which have already taken place relative to this proposal and the need to expedite its approval , staff are again suggesting that approval of site plans and related technical drawings be delegated to the Directors of Planning and Public Works by means of the attached Site Plan Agreement, and that the necessary By-law to authorize execution of the Agreement be approved. Barring any unforeseen circumstances, this would permit execution of the Agreement by July 6th, at the absolute earliest, and approval of site plans prior to the July 20th date for tendering by the Foresters. Respectfu)jy''submi tted, T.''T. Edwards, M.C.I.P. Director of Planning TTE*mjc June 17, 1982 i t THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 82- 89 f � i being a By-law to authorize the entering into of an Agreement with Canadian Foresters (Eastern) Group. i I � I 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 i Corporation's seal, an Agreement between Canadian Foresters (Eastern) Group and the said Corporation dated the day of 1982, i in the form attached hereto as Schedule "X". i' 2. THAT Schedule "X" attached hereto forms part of this by-law. BY-LAW read a first time this 5th day of July 1982 I BY-LAW read a second time this 5th day of July 1982 f BY-LAW read a third time and finally passed this 5th day of j July 1982 G. B. TICKARD, MAYOR i f i D. W. OAKES, CLERK f I i I SCHEDULE X to By-law 82-90 s DLVEL Oil MLNT AGRLI.MM MARL In quintuplicdte) this day of 198 j B E T W E E N: CANADIAN FORESTERS (EASTERN) GROUP, f 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 I Schedule "A hereto and hereinafter referred to as the "said lands"; j AND WHEREAS the Owner has represented to the Town that the said lands I are registered in the name of Canadian Foresters (Eastern) Group, who is the beneficial owner of the said lands as stated in the affidavit attached to this agreement as Schedule "B"; AND WHEREAS the Owner proposes to erect a senior citizens apartment, incorporating an existing office building, on the said lands; and has requested the Town to approve the said development pursuant to the i provisions of By-law 79-151; AND WHEREAS the Town has resolved to approve the said development I pursuant to the said By-law 79-151, provided that the Owner enter i into this Agreement with the Town; E AND WHEREAS the Owner warrants that it has entered, or will enter into an Agreement with the Regional Municipality of Durham, for the r provision of services from the Liberty Street frontage. i NOW THEREFORE, in consideration of the mutual agreements and covenants hereinafter contained, the parties hereto agree as follows: 1. Annexed hereto and marked as Schedule "C" is a site plan showing the size, location, elevation and exterior architectural design of the building which the Owner proposes to erect on the "said lands", which shall be approved by the Director of Planning and the Director of Public Works. 4 i - 2 - I , 1 .(a) The Owner agrees that no buildings or structures, other than i the building shown on Schedule "C" shall be erected on the "said lands" and further, that in the construction of such building the Owner will comply with the elevations, exterior architectural design, the location of the buildings on the lot and all other matters relating to the building shown on Schedule "C". 2. DEVELOPMENT LEVIES The Owner agrees to pay to the Regional Municipality of Durham and the Town all Regional or Municipal development levies applicable j to the proposed development unless otherwise mutually agreed. 3. PARKING AND LOADING I 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 i Public Works which shall include a surfacing of parking areas with concrete or bituminious asphalt. No parking of vehicles shall be permitted on access or driveway areas which shall be signed and maintained as fire access routes to the satisfaction of the Fire Chief. 1 4. GARBAGE AND WASTE i (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 t waste materials as often as may be required by the i Director of Public Works and the Fire Chief. 5. SNOW REMOVAL The Owner agrees to remove all snow from access ramps, p driveways, parking areas, loading areas and walkways within twelve hours of the cessation of any fall of snow. � I I � I i i - 3 - 6. GRADING AND DRAINAGE i The Owner agrees to undertake the grading of and provide for at his cost the disposal of storm, surface and waste water from the w I � "said lands" and from any buildings or structures thereon by means of an on-site storm sewer system, with connections to municipal storm sewers in accordance with plans and specifications to be approved by the Director of Public Works and annexed to this agreement as a portion of Schedule "C". 7. FLOODLIGHTING The Owner agrees to provide floodlighting of the "said lands" and building in accordance with plans and specifications to be approved by the Director of Public Works and to refrain from erecting i or using any form of illumination which in the opinion of the Town would cause any traffic hazard or would cause a disturbance to residential uses adjacent to the "said lands". 8. FENCING AND LANDSCAPING The Owner agrees to erect and maintain fences and plant and maintain, trees, shrubs or other suitable ground cover in accordance with plans and specifications to be approved by the Director of Public Works and the Director of Planning to provide adquate landscaping of the "said lands" and protection to adjoining lands. 9. SIDEWALKS The Owner agrees to reconstruct or repair, to the Town's specification, a sidewalk along those portions of Liberty Street which abut the "said lands". 10. APPROVAL OF PLANS AND SPECIFICATIONS The Owner agrees that the issuance of any building permit in respect of the "said lands" shall be prohibited until all plans and specifications required pursuant to this Agreement have been approved by the Town. 11. 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 i the provisions of this Agreement against the Owner of the "said i i - 4 - lands" and subject to the provisions of the Registry Act and the Land i 1 � Titles Act, R.S.O., 1980, as amended, against any and all subsequent owners of the "said lands". The Owner further agrees to reimburse the Town for all reasonable legal fees associated with undertaking r the registration of this agreement. ' 12. APPROVAL OF COST ESTIMATES The Owner agrees that, prior to the issuance of any building permit for the building identified on Schedule "C" hereto, the estimated cost of construction and installation of the external works required by this Agreement, hereinafter called the "Works Cost Estimate" shall be approved by the Director of Public Works and annexed to this Agreement on Schedule "D". j The said approved "Works Cost Estimate" shall be deemed to have been included in this Agreement at the date of its original execution, whether or not it was, in fact, so included and whether i or not it is, in fact, entered in Schedule "D" hereto. 13. PERFORMANCE GUARANTEE REQUIRED (1) Prior to the issuance of any authorization to commence work, the Owner shall provide the Town with a "Performance Guarantee", in the form of cash or an !I irrevocable letter of credit issued by a chartered Canadian Bank in an amount equal to the "Works Cost Estimate". The "Performance Guarantee" may be used by the Town as set out in clause 14 in the event that the Owner fails to satisfactorily meet the requirements of f this agreement in respect of the provisions of the f specified works and facilities. (2) All submissions made under clause (1) above, shall be approved by the Treasurer of the Town. 14. USE OF PERFORMANCE GUARANTEE The Owner agrees that the Town may, at any time, by resolution j of Town Council, authorize the use of all or part of any Performance Guarantee if the Owner fails to pay any costs payable by the Owner or construct any works required by the Town under this Agreement. } i i 15. PERMITS The Town agrees that upon the Owners complying with the j provisions of this Agreement respecting approval of all plans and specifications required herein, building permits will be issued in accordance with the plans subject to payment of the usual permit fees and other fees as are payable under By-law currently in force in the Town and provided that all building plans comply with the Ontario Building Code and such other, Municipal By-laws as may be relevant. The Town further agrees that upon the Owners complying with 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. 16. LAPSE OF APPROVAL In the event a building permit has not been issued to the I Owner within the period of two years hereinafter in this sentence {' referred to, the parties agree that the Town's approval of the site plan and drawings referred to in paragraph number 1 hereof shall } e lapse upon the expiry of two years from the date of the execution of t this Agreement. 17. CONSTRUCTION COMMENCEMENT f i The Owner agrees to commence construction of any building or buildings for which a permit may be issued under Paragraph 15 hereof i as soon as is reasonably practicable following the issuance of any such permit. 18. INTERPRETATION NOT AFFECTED BY HEADINGS j s 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. i I i IN WITNESS WHEREOF the parties have hereto affixed their hands and seals and/or corporate seats by the hands of their proper signing officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) CANADIAN FORESTERS (EASTERN) GROUP ) I t ) THE CORPORATION OF THE TOWN OF NEWCASTLE MAYOR CLERK ) f j RIM I LIST OF SCHEDULES pp A - Legal Description of Said Lands B Affidavit of Ownership � j � I i i C - Site Plan including: Location of Buildings Landscaping and Fencing Floodlighting � I Grading and Drainage D - Works Cost Estimate i' f i i I i i r i i � i i i j THIS IS SCHEDULE "A" to the Agreement which has been authorized and t approved by By-law No. of the Town of Newcastle, enacted I and passed the day of 198 � G I� LEGAL DESCRIPTION OF SAID LANDS (metes and bounds description to be provided by Owner) ' j I I � i i f I f I { i l IN WITNESS WHEREOF the parties have hereto affixed their corporate seals by the hands of their proper signing officers duly authorized j in that behalf. i CANADIAN FORESTERS (EASTERN) GROUP i i I � THE CORPORATION OF THE TOWN OF NEWCASTLE ' ) I f ) MAYOR I CLERK ) ) ! I THIS IS SCHEDULE "D" to the Agreement which has been authorized and i approved by By-law No. of the Town of Newcastle, enacted and passed the day of 198 AFFIDAVIT OF OW14EIISIIIP i (to be provided by Owner) f I i i C } i i I i f f I I f i y I E t fTHIS IS SCHEDULE "C" to the Agreement which has been authorized and I approved by By-law No. of the Town of Newcastle, enacted and passed the day of 198 t � I I i SITE PLANS j I i i i i i IN WIT14ESS WHEREOF the parties have hereto affixed their corporate seals by the hands of their proper signing officers duly authorized in that behalf. f j CANADIAN FORESTERS (EASTERN) GROUP I' ) I I THE CORPORATION OF THE TOWN OF NEWCASTLE CLERK ) I I I i f THIS IS SCHEDULE "D" to the Agreement which has been authorized and C approved by lay-law No. of the Town of Newcastle, enacted and � I passed the day of 198 WORKS COST ESTIMATE (to be determined) i i i I i t f t I i I 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. j CANADIAN FORESTERS (EASTERN) GROUP ) ) THE CORPORATION OF THE TOWN OF NEWCASTLE ) E i li