HomeMy WebLinkAboutPD-148-82 4
CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director
HAMPTON,ONTARIO LOB 1,10 TEL.(416)263-2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF SEPTEMBER 13, 1982
REPORT NO. : PD-148-82
SUBJECT: APPLICATION FOR SITE PLAN APPROVAL
NORMAN HOSKIN
OUR FILE: S-P-1-21
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following:
1 . That Report PD-148-82 be received; and
* 2. That the attached Agreement between Norman
Hoskin and the Corporation of the Town of
Newcastle be approved for execution; and
* 3. That the attached By-law authorizing execution
of the Agreement between Norman Hoskin and the
Corporation of -the Town of Newcastle be
approved.
BACKGROUND:
On August 6th, 1982, staff received an application for site
plan approval from Mr. Norman Hoskin in respect of Part of
Lot 16, Concession 5, Darlington.
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Report No: PD-148-82 . . ./2
The subject lands presently contain a public garage which
was formerly used as a Texaco service station. Mr. Hoskin
is proposing the construction of a significant addition to
the existing buildings, and as such, he is required to enter
into a Site Plan Agreement pursuant to By-law 79-151 . In
accordance with the Department's procedures, the subject
application has been placed in circulation to obtain
comments relevant to this proposal . Inasmuch as the
proposed expansion will not result in any major changes to
the relationship of this site to adjacent land uses and
inasmuch as the proposed Agreement would facilitate certain
improvements to the subject lands, staff have no difficulty
in recommending approval of the subject application,
conditional upon execution of the attached Development
Agreement which delegates approval of site plans and grading
and drainage plans to staff, as has been done in other
situations similar to this. Staff note, at this point in
time, that as a condition of the approval of the site plans
we shall be seeking certain improvements to the site such as
the addition of concrete curbing at the south-west corner of
the site to further define the site triangle for this
intersection and to provide a minimum amount of landscaping.
The installation of curbs and restrictions on parking will
improve the existing sight lines by preventing the parking
of vehicles within the sight triangle. In addition, staff
will be requesting the applicant to undertake construction of
the addition in a manner consistent with the present
architectural character of the building.
Subject to the Committee's concurrence, it would therefore
be appropriate to approve the attached Development Agreement
and authorizing By-law.
Resp ful s itted,
T. T. Edwards M.C. I .P.
Director of Panning
Applicant:
' TTE*mjc Mr. Norman Hoskin
August 26, 1982 Box 99, HAMPTON, Ont.
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 82- 126
being a By-law to authorize the entering into of an Agreement with
Norman Hoskin
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The Council of the Corporation of the Town of Newcastle hereby enacts
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as follows:
1. THAT the Mayor and Clerk are hereby authorized to execute on
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behalf of the Corporation of the Town of Newcastle, and seal with the
Corporation's seal, an Agreement between Norman Hoskin and the said
Corporation dated the 21st day of June, 1982, in the form attached
hereto as Schedule 'T'.
2. THAT Schedule 'T' attached hereto forms part of this
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by-law.
BY-LAW read a first time this 20th day of September 1982
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BY-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
G. B. R ,
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D. W. OAKES, CLERK
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SCHEDULE "X" to B -law 82-126
DEVELOPMENT AGREEMENT MADE (in quintuplicate) this 21st day of
June, 1982
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1 BETWEEN:
NORMAN HOSKIN,
hereinafter called the 'OWNER" OF THE FIRST PART
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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 NORMAN HOSKIN 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 an addition to the existing
building on the said lands; and has requested the Town to approve the
said development pursuant to the provisions of By-law 79-151;
AND WHEREAS the Town has resolved to approve the said development
pursuant to the said By-law 79-151, provided that the Owner enter
into this Agreement with the Town;
NOW THEREFORE, in consideration of the mutual agreements and
covenants hereinafter contained, the parties hereto agree as,
follows:
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1. Annexed hereto and marked as Schedule "C" is a site plan
showing the size, location, elevation and exterior architectural
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design'of the building which the Owner proposes to erect on the "said
lands", which shall be approved by the Director or Planning and the
Director of Public Works.
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2. The Owner agrees that no buildings or structures, other than
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,
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j the location of the buildings on the lot and all other matters
relating to the building shown on Schedule "C".
3, PARKING AND LOADING
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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 shall include a surfacing of parking areas with
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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.
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.
6. GRADING AND DRAINAGE
The Owner agrees to undertake the grading of and provide for
at his cost the disposal of storm, surface and waste water from the
said lands" and from any buildings or structures thereon 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 "Cu.
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7. FLOODLIGHTING
The Owner agrees to provide floodlighting of the "said lands"
and building in accordance with plans and specifications to be
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approved by the Director of Public Works and to refrain from erecting
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
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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 ® which abut the
said lands" and which may require reconstruction or repair as a
result of the construction of the building and structures to be
erected on 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
against the title to the "said lands" and that the Town may enforce
the provisions of this Agreement against the Owner of the "said
lands" and subject to the provisions of the Registry Act and the Land
Titles Act R.S.O. 1979, 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
the registration of this agreement.
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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
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annexed to this Agreement on Schedule
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
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
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 i
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Owner fails to satisfactorily meet the requirements of
this agreement in respect of the provisions of the
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
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The Owner agrees that the Town may, at any time, by resolution
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.
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15. PERMITS
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The Town agrees that upon the Owners complying with the
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.
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The Town further agrees that upon the Owner complying
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i with provisions of By-law 76-25, as amended (Sign By-law) sign� 9 Y" g permits I
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will be issued in accordance with said By-law subject to payment of
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the usual permit fees currently in force.
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16. LAPSE OF APPROVAL
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In the event a building permit has not been issued to the
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
lapse upon the expiry of two years from the date of the execution
of this Agreement.
17. CONSTRUCTION COMMENCEMENT
The Owner agrees to commence construction of any building
or buildings for which a permit may be issued under Paragraph 15
h3reof as soon as is reasonably practicable following the issuance
of any such permit.
18. 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.
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SIGNED, SEALED AND ELIVERED )
'/ LIZ NOR AN HOSKIN
THE CORPORATION OF THE TOWN OF
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NEWCASTLE
) Mayor
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Clerk
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LIST OF SCHEDULES
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1 A - Legal Description of Said Lands
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B - Affidavit of Ownership
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C - Site Plan including:
Location of Buildings
Landscaping and Fencing
Floodlighting
Grading and Drainage
D - Works Cost Estimate
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THIS IS SCHEDULE "A" to the Agreement which has been authorized and
approved by By-law No. of the Town of Newcastle, enacted
and passed the day of lgg
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LEGAL DESCRIPTION OF SAID LANDS
(metes and bounds description to be provided by Owner)
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as per attached
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IN WITNESS WHEREOF the parties have hereto affixed their corporate
seals by the hands of their proper signing officers duly authorized
in that be If.
Nor an Hoskin
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THE CORPORATION OF THE TOWN OF
NEWCASTLE
MAYOR
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i 9C.111';11L "All
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 County of Durham and being I
composed of that portion of Lot 16, Concession 5 of the Geographic
Township of Darlington, more particularly described as follows:
FIRSTLY:
COMMENCING at a point in the interior of the said Lot 16 s
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point being in the Eastern limit of Scugog Road, which point may be
located as follows:
BEGINNING at a standard iron bar in the Eastern limit of the said
Lot 16 where it is intersected by the Northern limit of the Road
Allowance between Concessions 4 and 5 (Taunton Road) as widened; I
THENCE South 72 degrees 13 minutes 40 seconds West along the said
Northern limit of the Road Allowance as widened, 886.70 feet;
THENCE South 72 degrees 12 minutes 30 seconds West continuing along
the said Northern limit of the Road Allowance as widened 150.16 feet
to the point of commencement;
THENCE North 72 degrees 12 minutes 30 seconds East along the said
Northern limit of the Road Allowance as widened, 150.16 feet to an
iron bar in line with a fence running Northerly;
THENCE North 30 degrees 17 minutes 20 seconds West along the said
fence, 189.56 feet;
THENCE South 61 degrees 40 minutes 20 seconds West 215.62 feet to
the aforesaid Eastern limit of Scugog Road;
THENCE South 53 degrees 01 minutes 20 seconds East along the said
Eastern limit of Scugog Road 178.29 feet to the ,point of commencement;
BEARINGS herein are referred to the Northern limit of the lands
described in Registered Instrument No. 15568 shown as North 61 degrees
40 minutes and 20 seconds East on a plan of survey signed by C. F.
Fleischman, O.L.S. , which said parcel only, is hereinafter referred
to as "the said lands".
SECONDLY:
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ALL AND SINGULAR that certain parcel or tract of land and premises,
situate, lying and being part of Lot 16, Concession 5 in the said
Geographic Township of Darlington in the Town of Newcastle, more
particularly described as follows:
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COMMENCING at a point in the east limit of Scugog Road which point
may be located as follows:
BEGINNING at the southeast angle of Lot 17, in the 5th Concession
of the said Town of Newcastle;
THENCE North 71 degrees 50 minutes 50 seconds East along the north
limit of the allowance for road between the 4th and 5th Concessions
355 feet and 3� inches to an iron bar planted at the intersection of
.said limit with the east limit of Scugog Road; being the point of
commencement of the herein described parcel of land;
THENCE North 52 degrees 2 minutes 20 seconds West along said East
limit 9 feet llk inches to an iron bar planted therein;
THENCE North 72 degrees 12 minutes East 150 feet to an iron bar
planted in line with a fence running northerly;
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SCHEDULE "A" �
Page 2
THENCE South 30 degrees 17 minutes 20 seconds East 7 feet and 4 and
3/4 inches to a point in the north limit of the said allowance for
road between the 4th and 5th Concessions;
THENCE South 71 degrees 50 minutes 50 seconds West along said north
limit 145 feet ll� inches to the point of commencement.
SUBJECT to an easement in favour of the Hydro Electric Power
Commission of Ontario dated July 9th, 1930, and registered May 16th,
' 1931 as No. 15042.
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THIS IS SCHEDULE "B" to the Agreement which has been authorized and
approved by By-law No. of the Town of Newcastle, enacted
and passed the day of 198
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AFFIDAVIT OF OWNERSHIP
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(to be provided by Owner)
I, NORMAN JOHN HOSKIN, of the Town of Newcastle,
in the Regional Municipality of Durham, am the owner of
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Part of Lot 16, Concession 5, Geographic Township of
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Darlington, now the Town of Newcastle, the lands being
more particularly described as set out in Schedule "A"
and registered in the Registry office at Bowmanville on
the 24th day of August, 1978, as Instrument No. 90483,
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SWORN BEFORE ME at the )
Village of Hampton, in ) �.
the Regional Municipality)
)Norma John oskin
of Durham, thisC0 day )
of Ju , 982. )
ommissioner, etc. )
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THIS IS SCHEDULE "C" to the Agreement which has been authorized and
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approved by ay-law No. of the Town of Newcastle, enacted
and passed the day of 198
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as per attached i
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IN WITNESS WHEREOF the parties have hereto affixed their corporate
seals by the hands of their proper signing officers duly authorized
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in that behalf.
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No man Hoskin
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THE CORPORATION OF THE TOWN OF
NEWCASTLE
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THE IiYDRO•I"I F,CTRIC POWER COMMISSION OFrONTARIO ,•;, , ;
,UI(VLY ULPAIIIIALIdT
9 •.
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COUNTY OF DURHAM
rdsle.
L O*T 116
ti� 'CONCH SSION 5
a
Ja° aa, o:
vo, 4 y? vF
Q Fob° INST.'N 20358
•? P� �i 10etdD!"osl A rw
a2 o�
-.44
0Q t4 262 --rn' 9 z1
O P� b e v1 H61°4020 El- - '~ o .O
f.ftce'QO AREA =O.604 ACRE 'c"n f� 0, INST. N 20358 as
a
9Q ao. ' s m`y o m
y � J y
{� lL
c 3
.O� b LI'•62
•�' �' N6. 90 to I-
�iP� INST.N15568 1^o°� ! 0
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G� as
r0 ao4, �cFa 19i' �� gyp• ti
e 10`v C• .t1 . 0 v` v'
v y.
46a� ° N72°°12'E IDEkD W.fence 96vi
N 7 2 12'30 150.16 fEAS. N72 13'90E E 6'7010ra!0'.trf —__
^---
NORTYERN LMT Of ROAD ALLONANCE AS WIDENED
ROAD ALLOWANCE BETWEEN CONS, 4 a 5 ( TAUNTON ROAD)
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Deorings ore referred to the L!t.r turn limit
of the Icr.ds dtsuittd in Rtgislered Intlr�,ntnl
No. 15 568 shown os N 6104U 20"E on J pl:n of j
survey ollocl,ed thereto sigred by
C.F Fleisehr,orm,Ont.LCnd Surveyor.
SURVEYOR'S CERTIFICATE
1 HEREBY CERTIFY THAT:
• 1. This survey and Flan ere correct end In
occordonce with The Sjrveys Act and The
R<g'slry Act and the regulations mode
th<reundet.
• 2• The survey was conpiesed on the
.?,5•Ih,doy of ,.November „•,,..,1469
1 OAIE f.V. JCCJVrc Ey
ror C.E. STAUF'FER QL.S.
t _ C«,(r WAVEVOR
HAMPTON D S QC 1539 ��"'=�'W.F'
_ . . .------- ----- _. .. -- CKO. - SCALE 203
AN SHOWING PART OF LOT i6 CONCESSION 5 DATE pee• 12, 1969. TD 07756L
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THIS IS SCHEDULE "D" to the Agreement which has been authorized and
approved by By-law No. of the Town of Newcastle, enacted and
passed the day of 198
WORKS COST ESTIMATE
(to be determined)
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IN WITNESS WHEREOF the parties have hereto affixed their corporate
seals by the hands of their proper signing officers duly authorized i
in that behalf.
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THE CORPORATION OF THE TOWN OF
NEWCASTLE
MAYOR
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