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HomeMy WebLinkAboutPD-207-82 �aX 5�- r, a� � CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1JO TEL.(416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF DECEMBER 13, 1982 REPORT NO. : PD-207-82 SUBJECT: APPLICATION FOR SITE PLAN APPROVAL ST. GEORGE STREET DEVELOPMENTS LIMITED OUR FILE: S-P-2- 4/ RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-207-82 be received; and * 2. That the attached Site Plan Agreement between St. George Street Developments Limited and the The Corporation of the Town of Newcastle be approved for execution ; and * 3. That the attached By-law authorizing execution of a Development Agreement between St. George Street Developments Limited and The Corporation of the Town of Newcastle be approved. BACKGROUND: On December 3rd, 1982, staff received an application for site plan approval submitted by St. George Street i Developments Limited, which would permit the development of t a parcel of land located on St. George Street, immediately , south of the Val di Plaza for the purposes of an ambulance I dispatching centre. Report No: PD-207-82 . ./2 In accordance with Departmental procedure, the subject application has been placed in circulation to various agencies and departments in order to solicit their comments and/or concerns. However, in an effort to expedite early approval of the subject plans, we are again requesting that site plan approval be delegated jointly to the Director of Planning and the Director of Public Works. In that regard, the proposed agreement includes provisions delegating this authority. We would also note at this point that a preliminary review of the proposed site plan has identified certain concerns with respect to street lighting at the intersection of Queen and St. George Streets and the proposed means of draining the subject property. These concerns have also been addressed by the proposed agreement, which calls for the submission of grading and drainage plans to be approved by the Director of Public Works, and the provision of illumination at this intersection , also to the satisfaction of the Director of Public Works. Bearing the foregoing in mind, staff are therefore recommending that the attached Development Agreement be approved for execution. Respe y submitted, T. T. Edwards, M.C. I.P. Director of Planning TTE*mjc De�`,emoer 6, 1982 i I I i I, THE CORPORATION OF THE TOWN OF NEWCASTLE f it BY-LAW NUMBER 82- 182 G ' �I being a By-law to authorize the entering into of an Agreement with G: St. George Street Developments Ltd. t j 4 The Council of the Corporation of the Town of Newcastle hereby enacts MI as follows: aI , j 1. THAT the Mayor and Clerk are hereby authorized to execute on j behalf of the Corporation of the Town of Newcastle, and seal with the ;a �,' Corporation's seal , an Agreement between St. George Street ° Developments Ltd, and the said Corporation dated the day of ii 1982, in the form attached hereto as Schedule "V. 2. THAT Schedule "X" attached hereto forms part of this by-law. r � a is BY-LAW read a first time this 20th day of December 1982 it BY-LAW read a second time this 20th day of December 1982 BY-LAW read a third time and finally passed this 20th day of E 1 December 1982 I G. B. RICK RD, Y i D. W. OAKES, CLERK t i .3 { F ¢f, f I I l e S / ! ./ � | w«� /|| .mx / � o| a\m </./ ././/"/o,| v./u�) u//� .u/ ^/ / �\ � / \T. G[o;(;E \TKE[l n[ 0P Y[LHLUT� iTV. —_-_-- _ h.'r,iv./ii':r ol |',| the "VUU[R" OF THE FIRST PART ^..« THE CORPORATION OF TUL TOWN OF NEWCASTLE, hereinafter ml },o the "TOWN" OF THE SECOND PART , ` � ' Q|[K[AS the lands affected by this agreement, are described in / | Schedule "A )umm and hcroinufo/ rMrmd to a the "said lands"; ! � � AND HU[KFAS the Owner has represented to the Tom that the said lands � are registered in the oone of Su. Ccvr9c Street Developments Ltd., who is the |ex,[id^| "xoor or Wc said lands as stated in the ' ,/ ( idwit ^d/c|ml to this as Schedule "U"' � ' �,X|) \.UU: X\ mc Owner proposes to erect an anbuloxm dispoCchiuU � .,"/ r - ^` Uv '.^i.| |mds; and has r..1v/st*| the Town to approve the / %ii./ d'v,l^|c"xt pvrmwt to the provisions of 8y-la: 79-151 ; � �|X, 13VxFA5 U^' Town has resolved to approve the said development |`ur.vmL to the said R;-lax 79'|8 , provided Chot the 0:our earr ` iou. this with the Town; � :Mn HULx[As the Owner warrants that it has entered, or will enter . i into an 8gr^a'ot with the VoYinn^l Huoicipu\ity of Durham, for the ` � Hv,isiuo of services From the SO George Ur,et frontage with the ..H"vv"\ of the Director of Public Minks of the Toxo of Mew,mtl,. / . � NOW THixE[mR[' in wnddrmtivo of the mutual agreements and ' ` wvmaou x"reioofar contained, the parties hereto oVne as � . \ | [ (^ ^»s: � � / | . 0oomcd hereto and marked as Schedule "C" is o site plan dw.'ioy the size, location, elevation and exterior architectural ` design of the building which the 0xonr proposes to erect on the "said l^ods", which shall he opymmd by the Director of Planning and tho i � n ractor of Public Works. � r r-- I f - 2 - i t 2. The Owner agrees that no buildings or structures, other than 1 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, +' I. the location of the buildings on the lot and all other matters `i r relating to the building shown on Schedule "C", unless otherwise papproved by the Director of Planning and the Director of Public Works. ij 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 r 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 � (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. a (b) The Owner further agrees to remove garbage and other ?! waste materials as often as may be required by the i Director of Public Works and the Fire Chief. j 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 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 i said lands" and from any buildings or structures thereon in j 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". • I �. II i kklll'LAI IUN l lht Mor ;gods to provide illumination of the "said lands'' k and 0"ildinq in ,kr.rord. nce Willi plan" and speciIicat.ion•; to he cy proiw,) by the Director of Public Works and to refrain from erecting r� (r u_.in_l ,niy funs of i Ilurain,kt i"n which in the opinion of the Town it w,nrld c-.rr ty traf f is Ind on! or would cause a disturbance to rr•siosntial uses adjacent to the "said lands". The Owner further n a,lrers to provide illunination of the intersection of Queen Street ,knd St. Vorgo Street in accordance with plans and specifications to be approved by the director of Public Works in order to provide !{EE{ adequate illu:n,kation of the proposed access and the subject intersection. E. FLI;CING AND LANDSCAPING fhe Owner agrees to erect and maintain fences and plant and maintain , trees, shrubs or other suitable ground cover in accordance t i' with pi uks and specifications to hp approved by the Director of MHz forks and the Director of Planning to provide adequate lanMad pin] of the "said lands" and protection to adjoining lands. Ii I The I.,rn� r fur(.h,�r ;kgriteq that thone areas shown as remaining "as is" s on that ,: ached Scedule "C" hereto trill be maintained and kept free ; w of any debris, rubblp, noxious weeds or other materials which would prevent the inclusion of this area as part of the site landscaping. 9. SIDEWALKS j - NO[ APPLICABLE - 1 10. APPROVAL OF PLAITS AND SPECIFICATIONS 3 fhe Owner agrees that the issuance of any building permit in rospect of the "said lands" shall he prohibited until all plans and specifications required pursuant to this Agreement have been approved I by the fawn. Il H . REGISTRATION AND ENFORCEMENT The Owner agrees that the Town may register this Agreement i i �. against the title to the "said lands" and that the Town may enforce j the provisions of this Agreement against the Owner of the "said flands" 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 r owners of the "said lauds". The Owner further agrees to reimburse the Town for all reasonable legal fees associated with undertaking the registration of this agreement. } I 't i r 1 • i i I. . I'ii; d ill I 1 .og1 . IIlaI lIt It of ,111y Lnl 1.1iJig Ilni ldon 111t_(I oil chedule "C" herel.o, the of rn,llu, 1, 1all ,11'd i(r.t.IIIati011 of lho t:.<tt'rnai wol4. , fr t111s '•g Is ;•ni., i1 r� iu.111.� r �.,111t") tl,;r "llorhs Coat: -11,111 b r,1; r, ;• d by the ni rt kJor of Publ is Works and I' r, t. 1'. . rut. nil Ir (! 11(. II1 ;.til ,1 prov W o r Co;L Fs 11 l.11,e" shall be deemed to � n,:io reen in,.l,rded in this Agreement at the date of its original I %ecot ion, who her or not 1t, was, in fact, so included and whether or not it is, in fact, entered it ';chedale "f)" hereto. .3. PCitEOItMANCE GUARANTEE REQUIRED (1 ) Ill,i or to t he i ssu.ula: of any authorization to commel,co � work, the Owner shall provide the Town with a i t "Performance Guarantee in tho fora of cash or an irr010ca101e letter of :redit 'issued by a chartered :_,,.alien B-ink in an omunt. equal to the "Works Cost Cst.iMate". The "Perfo mance Guarantee" may be wed by Lho Town as set out if) clause 11 in the event that the ,1wour fa i 1 s co ndt i s rant uri ly meet the requirements of I his agr'aonent In o151),Q Of the pr'oViohns of th" ,!-,:citiod wori:s and facilities. i %) •'tll subrlissions made under clause (1 ) above, shall be -pprored by the Treasurer of the Town. U`.E OF PERT 01,1MANCE GUARANTEE The Oanor agrees that the Torn may, at my time, by resolution �I lawn Coun(.i1 , mthorize the use of all or part of any Performance unu' Moo if the Owner fails to 1'ay any costs payable by the firmer or —11,'.ruct any rnrrl.s rc'yuired by thcr Toren under this Agreement. 19, PERMIT' the roan a(1r(l,�s that upon the Owners colaplyiny with the i provisions of this A,gruemprit respecting approval of all plans and � ,necifications required herein, building permits will be issued in d"Idance with the plats subject 1.0 payment of the usual peralit fees nd .ether fe, ; as are payable under By-law currently in force in the luwo arld provided that all building plans comply with the Ontario l viliidinq Code and such other Municipal lay-lairs as may be relevant and further provided that the Regional Municipality of Durham has approved the necessary connections t) the municipal water and sm il,ary sewage systems and where any agreement is required in respect of storm water run-off, that a copy of said agreement has t been deposited with the Pbinicipality. r ' � | u1-11, v|^m u^' um,/'. cmm,|/ioY oiU, � . .vi .w./� o| -|^^ 76-25' ni :m.n`x^| (\i9x Uy'lan). %iyo iormiLs uk ! ne issued in xc.oNwcc with said Sy-|ax mWuC to yaymoC of ` u"' omo| fees currently in |onc. ` )^. LJr\[ OF 8PpK3YKi X -- ---------- o | � | lo the ~,,o" a twi |oiog yormiL hm oot ,nco issued to tile / � M,r within the period of two years hurinufter in this ,xnteocv | r~Nr,vU m, th, yard,s agree that th Tovn's ^yprovol of the MCc � � , plan and drawings referred Co in pam9myh number \ hereof shall � � , )4`�c oywn the expiry of two years [rom the Mu of no cxccoboo of � ' u`�� �/,cor�o�. � ' / � P. 0MSTRVCT0U CO9NEUC[H[HT � f ----------------'---- � The V*.cr agrees to ww'Uom construction of any building nr � � U", Ni^gn For ./hidh a permit nay ta ismod uodcr Nro9myA 15 hcrcof an Won is is wdsvnvhly pm,hmhl, W |nnio9 the i00000 of any | !;. O!7[KPk-[TAD0X- hJT AFFECT[D-- 8Y U[8DlU0J � _--_-- ___ Thu division of Mis Agromoas inW »um9nyio and the � /o`u |imn of h.`xxin9S are for moveoimm of reference only and shall / i o`/ io any "^y ./f[r4 the interpretation of this AYrnmmeuc. ` � IN U|J.[u \Nrx[oF the yorUos have horoCu affixed ihoir hands .,.o uu|s and/or corporate malS by tho hands o[ their proper signing � o| / imrs Jo\y authorized in that tnhalf. / \[&[U �|�> {KL]Y[K[U ST. 0[0K(T STK[8 V[YEL0PMEUTS LT0, ( THE C0RPVKAT1011 OF THE TOWN OF NEWCASTLE � > / � 1 ) ------'---'--- -----C[QTK---- � . ` ` ~�) �rN;o| [� — — � � .' | � M^n inc|v.||o(j� x . Location of hiNin9s � Landscaping and Fencing { / Floodlighting � �GmJjog and 0mjno9c � ) � V ,brks Cost [gi/mN . } ' ' ! ' . � � J '{ � | | � } ` ` ` � ' � � . | � ` | � } / ' ! |/.P, l` '&|oo| [ ^A^ m 'hu A(r,.,'ot `d/ich ho'; kcm ooUmrizrd aod i ,n./ n',| by iiy-|^o U''. "| U"' |^m/ v| Nevc^u|,, ,o^cm| :"`` |v'/., `| �!^' .i; "[ . |oO / |. L[:AL 0[�CKl,O0k (>F \N0 LAN!) } —_ —___----_—___--- � � (/mhn and |mu/^b Jcoriyduo W be provided by Owner) \ i / ^ � � � ^ � ` � � ` . , � ' ' IN H|TM[5S HU[8[0F the parties have hereto affixed their mrpomb � � m^}s by the hands of their proper signing officers duly authorized i,) that behalf. ( ' 5T. GEORGE STREET DEVELOPMENTS [0 � THE C08|`0KAll0N OF THE TOWN OF N[WCAJTLE -- --0YK-- ' ^ ' / | | � I '.nil A" Io Ow Aji-,'111"nl. li.r, lwon 'nilli, ri/od ,uul � ho Ilu, oI Ilw lnun nl ,,nd l Ute. day oIF 19£1 nr£ u�n�Jl l cr, u„Il���.siiu� (Cu he pr,wi.jod by ()wnt.r) it , i i I I. I I h t � � s r 1 t3 j � l q i , 3 7 5 I f L 6 Ij L "C" to Uw Ayrt,,NwA which 11,1" be("11 'ItiLhorizu(I 'Ind I by ky I'll'i No . of th". lown of (211,I(Aed ss.-d 1.11(, (hy of li IF is IN WITNESS WHEREOF the parties have hereto affixed their corporate sells by Lhe hands of Lhc,i I, proj)C'I- signing Of I-i COrS duly authorized ill th'it behalf. ST. GEORGE STREET DEVELOPMENTS LTD THE CORPORATIO11 OF THE TOWN OF NEWCASTLE MAYOR 1�} , �]i3,m | |r' Lo W.' A,v`,'. ,�/i.h |u` boll U aomri/.'Jund ! ' .,"| | o' |'vm v| |', ' o./' �' | and [| .,^' '1,/2 of ` 198 ( WORKS COS! LSlIHA|L � Q ' � � ! ' IN x))NE5S UU[KLUF the parties have hcrvto afHxnd their corporate ^ / *o\s by the hands of their proper signing officers duly authorized in that hdu|f, ST. GEORGE 57K[[[ [EV[LOPMENTS |JU || [' / TU[ C08POKoJlVU OF THE TOWN OF U[HC8STLE MAYOR CLFRV ^ DATED: 1932 B E T W E E N: E ST. GEORGE STREET OEVELOPMEdTS LTD. - and - THE CORPORATION OF THE TOWN OF NEWCASTLE DEVELOPMENT AGREEMENT The Corporation of the Town of Newcastle Planning Department Municipal Offices HAMPTON, Ontario, L03 1JO File: S-P-2-37