HomeMy WebLinkAboutPD-146-82 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
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF SEPTEMBER 13, 1982
REPORT NO. : PD-146-82
SUBJECT: SITE PLAN AGREEMENT - ARMSTRONG PLAZA
ORONO - OUR FILE: S-P-3-2
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following:
1 . That Report PD-146-82 be received; and
* 2. That the attached Amending Agreement between
Armstrong Stores Limited and the Corporation of
the Town of Newcastle be approved for
execution; and
* 3. That the attached By-law authorizing execution
of an Amending Agreement between Armstrong
Stores Limited and the Corporation of the Town
of Newcastle be approved.
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BACKGROUND:
In November of 1979, a Development Agreement between
Armstrong Stores Limited and the Town of Newcastle was
executed in respect of the proposed Armstrong Plaza to be
located in the north end of Orono. Said Agreement included
certain requirements in respect of fire protection, and 1"�
Report No: PD-146-82 . . ./2
more particularly, required as a condition of the approval
of the development, installation of a reservoir for fire
protection purposes.
In December of 1981 , staff received from the solicitor for
Armstrong Stores Limited, a request that this particular
aspect of the Site Plan Agreement be re-examined inasmuch as
the costs associated with this requirement were prohibitive
and would prevent the development from proceeding. In
response to this request, a number of discussions were held
with the Durham Regional Works Department and Town staff to
ascertain whether or not this requirement could be deleted
and whether or not the existing municipal water supply
system in Orono was capable of delivering adequate flows to
the site for fire protection, while at the same time
maintaining sufficient residual pressure within the system.
In June of this year, fire flow tests were conducted by
Regional staff and it was ascertained that adequate fire
flow is available through extension of the watermain from
Mill Street to the plaza site, and the placing of a hydrant
with a proper pumper port at the end of this extension.
COMMENTS:
In view of the information which has come to light relative
to the Orono water supply system, and the acceptance by the
Fire Chief of the fire flow tests conducted by the Region of
Durham, it appears that the requirement for a reservoir for
fire protection purposes may be deleted from the existing
Development Agreement. This would, of course, have to be
done by amendment and by letter of July 21st, 1982, the
solicitor for Armstrong Stores Limited has requested such an
amendment, as well as a further amendment to provide a
twelve-month extension on the time limit presently set out
in the Site Plan Agreement.
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Report No: PD-146-82
Staff have no difficulty with either of these requests and
have prepared the necessary Amending Agreement, attached
hereto, as well as a By-law authorizing execution of the
Agreement. Subject to the Committee's concurrence, it would
be appropriate to forward these documents to Council for
approval and execution.
Respec 1 itted,
T. T. Edwards, M.C. I.P.
Director of Planning
TTE*mjc
ugust 25, 1982
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THE CORPORATION OF THE TOWN OF NEWCASTLE
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BY-LAW NUMBER 82- 124
being a By-law to authorize the entering into of an Amending
Agreement with Armstrong Stores s Limited.
The Council of the Corporation of the Town of Newcastle hereby enacts
as follows:
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1. THAT the Mayor and Clerk are hereby authorized to execute on
1 behalf of the Corporation of the Town of Newcastle, and seal with the
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Corporation's seal, an Amending Agreement between Armstrong Stores
Limited and the said Corporation dated the day of
1982, in the form attached hereto as Schedule "V. i
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2. THAT Schedule "X" attached hereto forms part of this
by-law.
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BY-LAW read a first time this 20th day of September 1982
iBY-LAW read a second time this 20th day of September 1982
BY-LAW read a third time and finally passed this 20th day of
September 1982
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G. B. RIC ARD, MAYOR
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D. W. OAKES, CLERK
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SCHEDULE "X" to By-law 82-124
AMENDING DEVELOPMENT AGREEMENT MADE (in quintuplicate) this day
of 1982
B E T W E E N:
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ARMSTRONG STORES LIMITED,
hereinafter called the "OWNERS" OF THE FIRST PART
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THE CORPORATION OF THE TOWN OF NEWCASTLE,
hereinafter called the "TOWN" OF THE SECOND PART
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WHEREAS the Owners warrant that they are the registered owners of
those lands described in Schedule "A" attached hereto and hereinafter
referred to as the "said lands";
AND WHEREAS the Town has passed By-law 79-149 and the Owners and the
Town have executed a Development Agreement which was duly executed
and registered in the Registry Office for the Land Registry Division
of Newcastle (No. 10) as Instrument Number 100965;
AND WHEREAS the Council of the Town of Newcastle has resolved to
approve an amendment to the aforesaid Agreement;
AND WHEREAS the parties hereto agree to amend the said Development
Agreement;
NOW THEREFORE, in consideration of the mutual agreements and
i covenants and promises contained herein, the parties hereto agree as
follows:
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1. Paragraph 2 of the Development between the Town of Newcastle
and Armstrong Stores Limited registered in the Registry Office for
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the Land Registry Division of Newcastle (No. 10) as Instrument Number
100965 is hereby amended by deletion in its entirety and insertion of
the following new Paragraph No. 2:
112. The Owner covenants and agrees that no deviations or Fhanges
shall be made from the plans drawn as forming Exhibit "I", except
such changes as may be approved jointly by the Director of Planning
and the Director of Public Works, in order that such plans and
drawings shall comply with all relevant provisions of the building or
zoning or other by-laws of the Town and the Ontario Building Code."
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2. Paragraph 19 of the Development Agreement between the Town of
Newcastle and Armstrong Stores Limited registered in the Registry
Office for the Land Registry Division of Newcastle (No. 10) as
Instrument Number 100965 is hereby amended by deleting said Paragraph
19 in its entirety, and replacing with the following new Paragraph
19:
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"19. FIRE PROTECTION
The Owner agrees to install, at his expense, an extension of
the watermain from Mill Street to the said lands, complete with a
fire hydrant with pumper port in a location satisfactory to the Town
I of Newcastle Fire Chief."
3. Paragraph 21 of the Development Agreement between the Town of
Newcastle and Armstrong Stores Limited registered in the Registry
Office for the Land Registry Division of Newcastle (No. 10) as
Instrument Number 100965 is hereby amended by deleting said Paragraph
21 in its entirety, and replacing with the following new Paragraph
21:
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"21. The Owner covenants and agrees that if it does not commence
construction of the buildings included in Phase I as described in
Exhibit "I" hereof by December 31st, 1983, the Owner covenants and
agrees not to oppose any application by the Town to rezone the lands
to an appropriate residential zone and thereupon this agreement shall
become null and void. As an alternative, the Town and the Owner may
renegotiate the agreement and the Commercial Zoning may be
retained."
IN WITNESS WHEREOF the parties hereto have hereunto set 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 ) ARMSTRONG STORES LIMITED
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THE CORPORATION OF THE TOWN OF
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NEWCASTLE
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I THIS SCHEDULE IS SCHEDULE "A" to an Amending Agreement which has been
authorized and approved by By-law Number 82- of the Town of
Newcastle enacted and passed on the day of 1982
LEGAL DESCRIPTION OF SAID LANDS
ALL AND SINGULAR that certain parcel or tract of land and premises,
situate, lying and being in the Town of Newcastle in the Regional
Municipality of Durham )formerly in the Village of Orono in the
County of Durham) in the Province of Ontario and being composed of
i Lot Eleven (11), Rear Range, Block 1 on the East side of Mill Street
according to a plan of the said Village of Orono made by C.G.
Nanning, P.L.S., and part of Township Lot Twenty-Eight (28) in the
Fifth Concession in the Geographic Township of Clarke, lying East of
Blocks Y, 1, 2 and 3, Hanning's Plan, the boundaries of the said
parcel being more particularly described as follows:
PREMISING that the Easterly limit of said Lot 28 has a bearing of
North 18 degrees, 13 minutes 30 seconds West and relating all
bearings herein thereto;
COMMENCING at an iron bar marking the North-Westerly angle of said
Town Lot 11;
THENCE North 88 degrees 12 minutes 30 seconds East along the
Northerly limit of said Lot 11 a distance of one-hundred and
sixty-two and thirty-six one-hundredths feet (162.36') to an iron bar
' marking the North-Easterly angle thereof;
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THENCE North 0 degrees 46 minutes West along the rear of Blocks 2 and
3 and intervening streets a distance of two hundred and twenty-six
and eighty-five one-hundredths feet (226.85 ) to an iron bar planted
in the Easterly limit of Lot 14, Rear Range, Block 3, at the point of
i intersection with a fence running Easterly;
THENCE South 89 degrees 35 minutes 30 seconds East along the said
fence a distance of three hundred and sixty-nine and seven-tenths
feet 369.7') to an iron bar planted at the point of intersection
with the Easterly limit of said Township Lot 28;
THENCE South 18 degrees 13 minutes 30 seconds East along the last
mentioned limit (being also the Westerly limit of King's Highway
Number 115 and 35) a distance of six hundred and eighty and
eighty-five one-hundredths feet (680.85') to an iron bar planted at
the point of intersection with a fence running westerly;
THENCE South 86 degrees 52 minutes West, along the said fence a
distance of five hundred and ninety-one and five-tenths feet (591.5' )
to an iron bar planted in the Easterly limit of a street Southerly
adJacent to Block Y according to the said Hanning's Plan of the
Village of Orono;
THENCE North 1 degree 33 minutes East along the Easterly limits of
said street and Blocks Y and 1, and intervening street a distance of
three hundred and seventy-nine and two one-hundredths feet (379.02')
to an iron bar marking the South-Easterly angle of said Town Lot 11;
THENCE North 89 degrees 27 minutes West along the Southerly limit of
said Town Lot 11 and along a fence a distance of one hundred and
sixty 'and fifty-six one-hundredths feet (160.56') to an iron bar
marking the South-Westerly angle thereof;
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THENCE North 0 degrees 46 minutes West along the Westerly limit of
said Lot 11 a distance of sixty-nine and four-tenths feet (69.4')
more or less to the POINT OF COMMENCEMENT.
The hereinabove described lands, containing by admeasurement, 7.65
acres be the same more or less are shown on a map or plan made by
M.D. Brown, Ontario Land Surveyor, which said plan is dated April
i 4th, 1966, a copy of which is attached to Instrument No. N30250.
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ALL AND SINGULAR that certain parcel or tract of land and premises
situate, lying and being in the Town of Newcastle in the Regional
Municipality of Durham (formerly in the Village of Orono) and being
that part of Lot Number 28, in the Fifth Concession of the Geographic
Township of Clarke known as Village Lot Number 11 on the east side of
Mill Street in the West Range of Block 1, according to the plan of
the Village of Orono made by C.G. Nanning, P.L.S. and on file in the
Registry Office for the Registry Division of Newcastle (No. 10).
Being the lands described in Instrument No. 100965.
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i IN WITNESS WHEREOF the parties herto have hereunto set 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 ) ARMSTRONG STORES LIMITED
THE CORPORATION OF THE TOWN OF
NEWCASTLE
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THIS SCHEDULE IS SCHEDULE "B" to an Amending Agreement which has been
authorized and approved by By-law Number 82- of the Town of
Newcastle enacted and passed on the day of 1982
AFFIDAVIT OF OWNERSHIP
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To be provided by Owner
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F IN 10"I WIN
DATED: 1982
B ET WEE N:
ARMSTRONG STORES LIMITED
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THE CORPORATION OF THE TOWN OF NEWCASTLE
AMENDING AGREEMENT
The Corporation of the Town of Newcastle
Planning Department
Municipal Offices
HAMPTON, Ontario, LOB 1J0
File: S-P-3-2