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HomeMy WebLinkAboutPD-170-82 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 OCTOBER 12, 1982 REPORT NO. : PD-170-82 SUBJECT: APPLICATION FOR SITE PLAN APPROVAL BY HALMINEN HOMES LIMITED - PART OF LOT 8, BROKEN FRONT CONCESSION, BOWMANVILLE OUR FILE: S-P-2-36 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-170-82 be received; and * 2. That the attached By-law authorizing execution of an Agreement between Halminen Homes Limited and The Corporation of the Town of Newcastle be approved; and * 3. That the attached Development Agreement between Halminen Homes Limited and The Corporation of the Town of Newcastle be approved for execution. BACKGROUND: On September 27th, 1982, the Planning Department received an application for site plan approval from Halminen Homes 1 Limited. 1�71 �t m� Report No: PD-170-82 .. ./2 The applicants are proposing to erect an industrial storage type building on a parcel of land located in the Caristrap Industrial area. These lands are designated and zoned for industrial type uses and the proposed storage building conforms to both Official Plan and Zoning provisions. In order to expedite the processing of this site plan application, staff are recommending that the attached Agreement be approved and that approval of the site plan be delegated to the Director of Planning and the Director of Public Works. A circulation has been sent out to the affected agencies and concerns addressed during this circulation will be incorporated into the final site plan. The applicant has indicated an element of urgency in this application, and staff are therefore taking this approach to proceed as expeditiously as possible. Respectfu-l- ; u` ed, G ---5ik°`rre 1 T. Edwards M.C.I.P. Director of Planning FA*TTE*mjt r'Sepiembe r 30, 1982 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 82- 144 being a By-law to authorize the entering into of an Agreement with Halminen Homes -Limited. 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 , an Agreement between Halminen Homes Limited and the said Corporation dated the day of 1982, in the form attached hereto as Schedule 2. THAT Schedule "X" attached hereto forms part of this by-law. BY-LAW read a first time this 18th day of October 1982 BY-LAW read a second time this 18th day of October, 1982 BY-LAW read a third time and finally passed this 18th day of October 1982 C. B. RICKARD, MAYOR D. W. OAKES, CLERK SCHEDULE X to By-law 82-144 DEVELOPMENT AGREEMENT MADE (in quintuplicate) this day of 198 BETWEEN: HALMINEN HOMES LIMITED, 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 Halminen Homes Limited, 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 industrial office and storage 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; AND WHEREAS the Owner warrants that it has entered, or will enter into an Agreement with the Regional Municipality of Durham, for the provision of services from the Caristrap Street frontage with the approval of the Director of Public Works of the Town of Newcastle. 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. _ 2 _ 2. The Owner agrees that no buildings or structures, other than the building(s) 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" unless otherwise approved in writing by the Director of Planning and the Director of Public Works. 3. PARKING AND LOADING The Owner agrees to provide and maintain off-street parking and driveway access in accordance with Schedule "C". 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 Schedule "C". 3 _ 7. ILLUMINATION The Owner agrees to provide illumination 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 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 Schedule "C" to provide adequate landscaping of the "said lands" and protection to adjoining lands. 9. SIDEWALKS - N/A - 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. - 4 - / 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". 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 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 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. 15. PERMITS .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. - 5 - 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 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 hereof 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. SIGNED, SEALED AND DELIVERED ) HALMINEN HOMES LIMITED THE CORPORATION OF THE TOWN OF NEWCASTLE MAYOR L RK LIST OF SCHEDULES I A - Legal Description of Said Lands B - Affidavit of Ownership C - Site Plan including: Location of Buildings Landscaping and Fencing Floodlighting Grading and Drainage D - Works Cost Estimate 1, 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 198 . 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, being Part of Original Township Lot No. 8, in the Broken Front Concession of the former Town of Bowmanville, in the County of Durham, more particularly described as Part 19, shown on Reference Plan 1OR-750, filed in the Land Registry Office for the Registry Division of Newcastle (No. 10) on the 31st day of August 1977. IN WITNESS WHEREOF the parties have hereto affixed their corporate seals by the hands of their proper signing officers duly authorized in that behalf. HALMINEN HOMES LIMITED THE CORPORATIOW OF THE TOWN OF NEWCASTLE MAYOR CLERK 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 lgg AFFIDAVIT OF OWNERSHIP (to be provided by Owner) THIS IS SCHEDULE "C" 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 IN WITNESS WHEREOF the parties have hereto affixed their corporate seals by the hands of their proper signing officers duly authorized in that behalf. )HALMINEN HOMES LIMITED THE CORPORATION OF THE TOWN OF NEWCASTLE _ MAYOR CLERK 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) 1 . Installation of access 2. IN WITNESS WHEREOF the parties have hereto affixed their corporate seals by the hands of their proper signing officers duly authorized in that behalf. HALMINEN HOMES LIMITED } THE CORPORATION OF THE TOWN OF NEWCASTLE Y CLERK cb DATED: 1982 BETWEEN: HALMINEN HOMES LIMITED - and - THE CORPORATION OF THE TOWN OF NEWCASTLE i DEVELOPMENT AGREEMENT The Corporation of the Town of Newcastle Planning Department Municipal Offices HAMPTON, Ontario, LOB 1JO File: S-P-2-36 i 3