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HomeMy WebLinkAboutPD-181-82 d d 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 COMiMITTEE MEETING OF OCTOBER 25, 1982 REPORT NO. : PD-181 -82 SUBJECT: APPLICATION FOR SITE PLAN APPROVAL BY REGENCY MANOR LIMITED - 26 ELGIN STREET, BOWMANVILLE - OUR FILE: S-P-2-35 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-181 -82 be received; and * 2. That the attached Agreement between Regency Manor Limited and The Corporation of the Town of Newcastle be ,consi�ered) for execution; and * 3. That the attached By-law authorizing execution of an Agreement between Regency Manor Limited and The Corporation of the Town of Newcastle be approved. BACKGROUND: On September 10th, 1982, Planning Department staff received an application for site plan approval from Regency Manor Limited in respect of the Marnwood Nursing Home at 26 Elgin Street, Bowmanville. l lv a( Report No: PD-131 -82 .. .%2 The applicant, as prospective purchasers of the Nome, propose to expand the Nursing Home by adding a 402.3 square metre (4,330.86 square foot) one storey addition and a 410.9 square metre (4,422.78 square foot) second storey above a portion of the existing .building, as well as providing seven (7) additional parking spaces. Because of the substantial nature of the proposed changes, the applicant is required to enter into a Site Plan Agreement with the Town pursuant to By-law 79-151 . In accordance with the Department 's procedures, a draft copy of the proposed site plan and Site Plan Agreement were circulated to various departments and agencies for comments. The following is a summary of the comments received: Town of Newcastle Public Works Department "We have reviewed the draft copies of the proposed Site Plan and Site Plan Agreement, and offer the following comments for consideration: 1 . That the existing property access on Concession Street be indicated on the Site Plan. 2. That the proposed accesses to Horsey Street and Elgin Street be in accordance with Town standards and that the culvert size be 400 mm. in diameter. 3. That drainage from the parking lot be directed to the roadside ditches by use of asphalt swales or other erosion control methods. 4. That the applicants be required to upgrade streetlighting at the two proposed entrances to conform to present requirements. 5. That the applicants be fully responsible for all damages to roads and other municipal services due to construction on site. 6. That the applicants be responsible for reiioval of the sidewalk, and all regrading and landscaping of the boulevard abutting the subject property. U, ac� Report No: PD-181 -82 .. ./3 7. That the applicants install a concrete sidewalk on Elgin Street, west side, from the south limit of the drive to Horsey Street. 8. That the 1500 mm. ramp on the north side of the driveway be eliminated, from the portion of the drive to the road. 9. That the applicants indicate the storm connection locations for a catch basin, elevation 115.00., in the proposed parking lot." Town of Newcastle Chief Building Official "The site plan indicates new parking spaces being provided in the front yard. Section 8.4(e) of Zoning By-law 1587, general provisions for residential zones, provides "no parking space shall be located in any front yard"." Newcastle Fire Department "No parking of vehicles on access or driveway areas. The Nursing Home is in conformance with Ontario Regulations and The Nursing Homes Act, 1972. The Rest Home is in conformance with Ontario Statutes and Regulations respecting fire safety and fire prevention." Region of Durham Works Department "Full municipal services are available to the site and our records also indicate that the existing Nursing Home on the subject property is presently serviced with municipal water supply and sanitary sewers. The proposed expansion of the existing Nursing Home would appear to have no adverse effects on the existing services. Based on the foregoing, we have no objection to further processing of this site plan and related draft Agreement. However, it should also be noted that, if additional service connections are required for the proposed addition, the subject owner has to submit four copies of site servicing plans to the Regional Works Department for approval at such time as an application for service connection is made." Region of Durham Planning Department "no objection" tv _ a ( � Report No: PD-181 -82 .../4 COMMENTS: Our review of the comments received indicates that all concerns expressed can be adequately dealt with within the terms of the Site Plan Agreemant�, or through final approval of the site plans. We note that inasmuch as the existing use of the land is legally non-conforming, an application for minor variance was required, both for the proposed expansion and the provision of parking within a front yard. In that regard, both variances were granted on August 11th, 1982 and September 29th, 1982, respectively. With respect to the comments submitted by the Public Works Department, staff note that all concerns have been addressed through the terms of the Site Plan Agreement, however point 4 and point 7 thereof in respect of street lighting and construction of a concrete sidewalk have not been agreed to by the applicant, whose architect has indicated that, although acceptable in principle, these requirements would further increase the cost associated with the proposal , and possibly affect the applicant 's ability to complete the project within budget. Furthermore, the applicant is proposing the installation of on-site lighting adjacent to the access drive and located between the existing building and the proposed addition, which it is felt would alleviate some of the Works Department's concerns with respect to lighting in this area. Notwithstanding this, the attached Site Plan Agreement includes provisions which would implement the requirements of the Public Works Department in respect of these two items, and the applicant 's architect has requested Council 's consideration of these two items and, if acceptable to Council , that these items not be made conditions of approval for this proposal . Report No: PD-181 -82 .../5 Based on the foregoing, and the fact that we have been unable to reach an agreement in respect of these two items, staff are submitting the attached Development Agreement which incorporates the various departmental concerns for the Committee's consideration and appropriate direction to staff. Following therefrom, we would recommend that the attached agreement be approved for execution subject -to any modifications which Council may deem appropriate and that the attached By-law authorizing execution of said Agreement also be approved. Respect y ed, T. T. Edwards, M.C.I .P. Director of Planning TTE*mjc ;October 15, 1982 a�* KEY MAP BOWMANVILLE LOT L16 OT ' T LOT ' LOT LOT LOT LOT ( LOT LOT I 17 I I I4 13 12 I 11 0 9 8 7 - I i I I I I I I I I i I I I I I I I I 0 I I S_U_BJIECT_ �© I IU T r SITE p CONCESSI N ST. I IHWY. �I p U 0 250 500 t000m FILE S-P-2-35 500 THE CORPORATION OF THE TCWN OF NEWCASTLE I BY-LAW NUMBER 82- .164 i - being a By-law to authorize the entering into of an Agreement with Regency Manor Ltd. The Council of the Corporation of the' Town of Newcastle hereby .enacts as follows: i 1 . THAT the Mayor and Clerk are t,ereby authorized to execute on behalf of the Corporation of the Town cf Newcastle, and seal with the Corporation'$ seal , an Agreement between Regency Manor Ltd, and the said Corporation dated the day of 1982, in the form attached hereto as Schedule 2. THAT Schedule "X" attached r�reto forms part of this by-law. i BY-LAW read a first time this 1st day of November 1982 BY-LAW read a second time this 1St day of November 1982 BY-LAW read a third time and finally passed this 1st day of November 1982 G. B. RICKARD, MAYOR D. W. OAKES, CLERK DEVELOPMENT AGREEMENT MADE (in quintuplicate) this day of 198 B E T W E E N: REGENCY MANOR LTD. 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 Regency Manor Ltd. , 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 and alterations to Marnwood Nursing Home 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 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. r - 2 - 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, the location of the buildings on the lot and all other matters relating to the building shown on Schedule "C", unless otherwise approved 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" 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 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 "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". The Owner further agrees to provide illumination of the easterly parking lot access on Horsey Street and the Elgin Street access in accordance with plans and specifications to be approved by the Director of Public Works, or alternatively, to upgrade existing street lighting located in the vicinity of the aforesaid access points. 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 adequate landscaping of the "said lands" and protection to adjoining lands. 9. SIDEWALKS The Owner agrees to construct, at his cost, and to the Town 's specifications, a sidewalk along Elgin Street from the north limit of the Elgin Street access, south to Horsey Street. 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 ANA? 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. The Owner agrees that compliance with the provisions of By-law 76-25, as amended, shall include the removal of the existing stone sign located within the sight triangle of Horsey and Elgin Streets, and that any relocation of said sign shall be in accordance with the provisions of the aforesaid By-law, 76-25. 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. 13. 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 ) REGENCY MANOR LTD. THE CORPORATION OF THE TOWN OF NEWCASTLE --------------------- AYO LIST OF SCHEDULES 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 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 , LEGAL DESCRIPTION OF SAID LANDS (metes and bounds description to be provided by Owner) IN WITNESS WHEREOF the parties have hereto affixed their corporate seals by the hands of their proper signing officers duly authorized in that behalf. REGENCY MANOR LTD. THE CORPORATION 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 "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 lgg WORKS COST ESTIMATE (to be determined) IN WITNESS WHEREOF the parties have hereto affixed their corporate seals by the hands of their proper signing officers duly authorized in that behalf. )REGENCY MANOR LTD. THE CORPORATION OF THE TOWN OF NEWCASTLE MAYOR CLERK 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 198 IN WITNESS WHEREOF the parties have hereto affixed their corporate seals by the hands of their proper signing officers duly authorized in that behalf. )REGENCY MANOR LTD. THE CORPORATION OF THE TOWN OF NEWCASTLE MAYOR CLERK i I DATED: 1982 BETWEEN. I REGENCY MANOR LTD. - and - THE CORPORATION OF THE TOWN OF NEWCASTLE I DEVELOPMENT AGREEMENT I I The Corporation of the Town of Newcastle Planning Department Municipal Offices HAMPTON, Ontario, LOB NO File: S-P-2-35 I i I