HomeMy WebLinkAboutPD-207-82 �aX 5�-
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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
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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
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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
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I, THE CORPORATION OF THE TOWN OF NEWCASTLE
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it BY-LAW NUMBER 82- 182
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�I being a By-law to authorize the entering into of an Agreement with
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St. George Street Developments Ltd.
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4 The Council of the Corporation of the Town of Newcastle hereby enacts
MI as follows:
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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.
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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
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G. B. RICK RD, Y
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D. W. OAKES, CLERK
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Y[LHLUT� iTV.
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h.'r,iv./ii':r ol |',| the "VUU[R" OF THE FIRST PART
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THE CORPORATION OF TUL TOWN OF NEWCASTLE,
hereinafter ml },o the "TOWN" OF THE SECOND PART
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Q|[K[AS the lands affected by this agreement, are described in
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Schedule "A )umm and hcroinufo/ rMrmd to a the "said lands";
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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"'
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�,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
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into an 8gr^a'ot with the VoYinn^l Huoicipu\ity of Durham, for the
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� 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,.
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NOW THixE[mR[' in wnddrmtivo of the mutual agreements and '
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wvmaou x"reioofar contained, the parties hereto oVne as
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/ | . 0oomcd hereto and marked as Schedule "C" is o site plan
dw.'ioy the size, location, elevation and exterior architectural
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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
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� n ractor of Public Works.
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2. The Owner agrees that no buildings or structures, other than
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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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the location of the buildings on the lot and all other matters
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relating to the building shown on Schedule "C", unless otherwise
papproved by the Director of Planning and the Director of Public
Works.
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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
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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.
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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.
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(b) The Owner further agrees to remove garbage and other ?!
waste materials as often as may be required by the
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Director of Public Works and the Fire Chief. j
5. SNOW REMOVAL
The Owner agrees to remove all snow from access ramps,
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driveways, parking areas, loading areas and walkways within twelve
hours of the cessation of any fall of snow.
6. GRADING AND DRAINAGE
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The Owner agrees to undertake the grading of and provide for
at his cost the disposal of storm, surface and waste water from the
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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".
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lht Mor ;gods to provide illumination of the "said lands''
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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�
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u_.in_l ,niy funs of i Ilurain,kt i"n which in the opinion of the Town
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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
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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
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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.
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The I.,rn� r fur(.h,�r ;kgriteq that thone areas shown as remaining "as is"
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on that ,: ached Scedule "C" hereto trill be maintained and kept free ;
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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
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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
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�. 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.
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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
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%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
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"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.
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%) •'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
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been deposited with the Pbinicipality.
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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
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| lo the ~,,o" a twi |oiog yormiL hm oot ,nco issued to tile /
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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 �
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plan and drawings referred Co in pam9myh number \ hereof shall �
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, )4`�c oywn the expiry of two years [rom the Mu of no cxccoboo of �
' u`�� �/,cor�o�. �
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P. 0MSTRVCT0U CO9NEUC[H[HT �
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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
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!;. O!7[KPk-[TAD0X- hJT AFFECT[D-- 8Y U[8DlU0J
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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.
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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.
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\[&[U �|�> {KL]Y[K[U ST. 0[0K(T STK[8 V[YEL0PMEUTS LT0,
(
THE C0RPVKAT1011 OF THE TOWN OF
NEWCASTLE
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M^n inc|v.||o(j� x .
Location of hiNin9s �
Landscaping and Fencing {
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Floodlighting �
�GmJjog and 0mjno9c �
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V ,brks Cost [gi/mN
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L[:AL 0[�CKl,O0k (>F \N0 LAN!)
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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.
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5T. GEORGE STREET DEVELOPMENTS [0 �
THE C08|`0KAll0N OF THE TOWN OF
N[WCAJTLE
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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)
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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
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�]i3,m | |r' Lo W.' A,v`,'. ,�/i.h |u` boll U
aomri/.'Jund
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WORKS COS! LSlIHA|L �
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IN x))NE5S UU[KLUF the parties have hcrvto afHxnd their corporate ^
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in that hdu|f,
ST. GEORGE 57K[[[ [EV[LOPMENTS |JU
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TU[ C08POKoJlVU OF THE TOWN OF
U[HC8STLE
MAYOR
CLFRV
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DATED: 1932
B E T W E E N:
E ST. GEORGE STREET OEVELOPMEdTS LTD.
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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