HomeMy WebLinkAboutP-215-79CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH, M.C.I.P., Director
HAMPTON, ONTARIO LOB 1J0 TEL. (416)263-2231
REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF December 6, 1979.
REPORT NO.: P-215-79
SUBJECT: Application for Rezoning Number Z -A-3-10-1, Armstrong
Stores Limited - Orono Plaza
RAc,xrunrrnm
An application has been filed requesting an amendment to
the Clarke Zoning By-law to permit the development of a Shopping
Centre, with a maximum gross floor area of 60,000 square feet (5574
square metres), on a seven acre parcel of land in the north-east
quadrant of Orono.
This application was approved in principle by Council on
January 29, 1979, when the following resolution of the Planning and
Development Committee was adopted:
COMMENTS:
"That Report TM -92-78 dated November 15, 1978 be
adopted and that a Development Agreement be negotiated
to fulfill all concerns and requirements as set out by
the various agencies prior to the rezoning By-laws being
by Council" Res. PD -30-79
The attached Development Agreement has been negotiated by
Town staff in accordance with the above noted resolution. The agreement,
which enacts the provisions of Section 35(a) of the Planning Act, allows
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the development of a Shopping Centre on the site, with a maximum
gross floor area of 54,000 square feet (5100 square metres). However,
under the terms of the proposed agreement, the development will proceed
in two phases. Phase I, consisting of 21,000 square feet (1950 square
metres), will be allowed to proceed once the requirements of the agree -
went have been met. Phase II, comprising an additional 33,000 square
feet (3070 square metres), will be allowed to proceed only after the
need for the additional floor space has been demonstrated by a market
analysis.
The site plan agreement has been reviewed by staff and is
considered acceptable. The agreement has also been signed by Armstrong
Stores Ltd. A proposed amendment to the Clarke Zoning By-law to permit
the development of the proposed Shopping Centre has been prepared by
Planning Staff for consideration by the Committee.
RECOI NMNDATION:
NJF/DNS/lb
It is respectfully recommended:
1. That the attached development agreement be forwarded
to Council for execution and that a By-law be prepared
for that purpose; and
2. That the attached By-law 79-' be forwarded to Council
for consideration.
Respectfully submitted,
D. N. Smith, M.C.I.P.
Di,rector of Planning
=,/J- Dunham, Director of Public Works
u
J.jHayman, ire Chief
A.C Grp r, T 'Manager
V
THIS AGREEMENT, made this j day of , A.D. 1979.
BETWEEN
ARMSTRONG STORES 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, which are described in
Schedule "A" hereto, are hereinafter called the "said lands";
AND WHEREAS the Owner has represented to the Town that the said :ands
are owned by it, as stated in the Certificate attached to this:'�grae-
ment as Schedule "B";
AND WHEREAS the Owner acknowledges that the lands will not be servi---ed
by a municipal sewer system and each building or structure toy erected
or altered shall be serviced by a private sewage disposal system as
approved and/or required by the Durham Region Health Unit;
AND WHEREAS the Owner warrants that it has entered, or will enter into
an Agreement with the Corporation of the Regional Municipality of Durham;
AND WHEREAS the Owner has requested the Town to rezone the said lands
so as to permit the construction thereon of buildings described in para-
graph numbered 1 of this Agreement and the Town has agreed to do so pro-
vided this Site Plan Agreement is first entered into;
NOW THEREFORE THIS AGREEMENT WITNESSETH that the Parties hereto for
themselves, their heirs, executors, administrators, successors
and assigns do covenant and agree as follows:
1. The Owner covenants and agrees that the said lands shall be
used only for the purpose of erecting thereon a shopping centre, with a
total gross floor area not to exceed 51-10 square metres, designed and
constructed in conformity with Plans and Drawings on file with the Town
and identified as forming Exhibit "I" to this agreement by the signature
of the signing officers of the Town and the Owner.
2. The Owner covenants and agrees tliat no deviations or changes
shall be made from the Plans or Drawings forming Exhibit "I" except such
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changes as may be required by the Town in order that such Plans and
Drawings shall comply with all rolovant da Buildip
Zoning or other by-laws of the Town, and the gplgrio Budding Cade.
3. The Owner covenants and agrees that it will not apply or
permit any other person to apply for a building permit or build upon
the said lands unless such application or building complies in all
respects with the requirements of paragraph 1 and Exhibit "I" to this
agreement and unless all the plans and specifications required pursuant
to the agreement have been approved by the Director of Public Works,
of the Town of Newcastle, hereinafter referred to as "the Director"
and the lands required by Schedule "C" hereof have been conveyed to
the Town.
4. The Owner covenants and agrees that it will not transfer,
convey or otherwise deal with the said lands before buildings which
comply in all respects with paragraph 1 and Exhibit "I" have been
erected thereon unless the person to whom it is to convey or transfer
its interest or part of its interest in the said lands first enters
into an agreement with the Town to carry out the requirements of this
agreement.
5. The Owner covenants and agrees to pay to the Town at the
time of execution of this agreement the following:
(a) $1,829.78
(b) The money paid by the Owner to the Town under Subsection
(a) shall when paid become the sole property of the Town
and the Owner shall not be entitled to any refund of any
part of the said money.
6. The Owner covenants and agrees to convey to the Town at the
time of execution of this agreement the land or interests in land described
in Schedule "C" which conveyance shall be free of encumbrance and in a
form satisfactory to the Town Solicitor.
7. The Town agrees that subject to the approval of The Ontario
Municipal Board the land described in Schedule "A" shall be rezoned to
permit the development described in paragraph 1 to this agreement.
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8. This agreement affects the said lands.
9. DRIVEWAYS AND CURBING
(a) No approach ramps and driveways shall be permitted
across the untravelled portion of any road allowance
by the Town unless such approach ramps comply with both
the Town of Newcastle Design Criteria and Entranceway
Policy, to the satisfaction of the Director.
(b) The Owner shall install curbing along the appr, n r:
between the property line and the street, in : -L�_d,
with the Town of Newcastle Design Criteria, and to L.LLc
satisfaction of the Director.
(c) The Owner agrees that any entrance to the said lands
from Mill Street which utilizes a Municipal Road Allow-
ance shall be constructed at the owners expense and shall
be considered a private driveway for maintenance purposes.
(d) The Owner agrees to privde traffic control facilities
at the entrance to the said lands, to the sat4lfaction
of the Director.
10. PARKING AND LOADING
The Owner agrees to provide and maintain off-street parking
areas and loading areas on the said lands, in accordance with plans and
specifications to be approved by the Director, including the surfacing
thereof with concrete or bituminous asphalt.
11. SNOW REMOVAL
The Owner agrees to remove all snow from access ramps, drive-
ways, parking areas, loading areas and walkways within 12 hours of the
cessation of any fall of snow.
12. GRADING AND DRAINAGE
(a) The Owner agrees to undertake the grading of and provide
for the disposal of storm and surface water from the
said lands and from any buildings or structures thereon to
an acceptable outlet, in accordance with Plans and Speci i -
cations to be approved by the Director, and the Ganaraska Con-
servation Authority.
'-'J /
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(b) The Owner agrees that no building or structure may be
erected cera t.ho e id lands uni�SS ��c}� b �ilU 11lin7 or rucFure
shall be serviced by a private ,;aiaage disposa� system as
approved and/or required by th:; I](,Ll-ham health Unit.
13. DEDICATION OF EASEMENTS
The Owner shall, at the time of execution of this agreement,
deliver to the Municipality executed transfers of easements free and
clear of all encumbrances as set out in Schedule "D" hereto. If, sub-
sequent to the registration of the Plan, further easements are required
for utilities or drainage or other purposes, the Owner agrees to transfer
to the Municipality such further easements upon request.
14. FLOODLIGHTING
The Owner agrees to provide floodlighting of the said lands
and any buildings thereon in accordance with plans and specifications
to be approved by the Director and the Orono Public Utilities Commission
and to refrain from erecting or using any form of illumination which in
the opinion of the Director would cause any traffic hazard or would cause
any disturbance to any adjacent residential use.
15. FENCING AND LANDSCAPING
The Owner agrees to erect walls and/or plant and maintain
hedges, 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.
16. GARBAGE AND WASTE
The Owner agrees to provide and maintain enclosed central
storage facilities as may be required by the Director for the storage
of garbage and other waste materials from the buildings constructed on
the said lands, in accordance with plans and specifications to be
approved by the Town of Newcastle, Fire Chief and the Director.
The Owner further agrees to remove the garbage and other
waste material as often as may be required by the Director.
V
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17. PLANS AND SPECIFICATIONS
The Owner agrees to provide plans showing the location of
all buildings and structures to be erected on the said lands and the
location of the other facilities required by this agreement, and that
these plans will form Exhibit "I" to this agreement.
18. PERSPECTIVES, ELEVATIONS AND FLOOR PLANS
The Owner agrees to provide perspective drawings and plans
showing floor plans and building elevations indicating external building
materials, and that these plans will form Exhibit "I" to this agreement.
19. FIRE PROTECTION
The Owner agrees to install a reservoir for fire fig': ng 17g-
posesonon the said lands, having a capacity of 180,000 gallons.
reservoir and appurtenances thereto are to be constructed and �ocatf-� '1_6
the satisfaction of the Town of Newcastle Fire Chief.
20. 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, sub-
ject to the provisions of The Registry Act and The Land Titles Act, R.S.O.
1970, any and all subsequent owners of the said lands.
21. The Owner covenants and agrees that if it does not commence
construction of the buildings included in Phase I as described in Exhibit
"I" hereof within two years from the date upon which the by-law to rezone
the property has been approved by The Ontario Municipal Board, the Owner
covenants and agrees not to oppose any application by the Town to rezone
the lands to Rl and thereupon this agreement shall become null and void.
As an alternative, the Town and the Owner may renegotiate the agregrent
and the Commercial Zoning may be retained.
y�
22. APPROVAL OF COST ESTIMATES
The Owner agrees that, prior to the issuance of any building
permit for any building identified on Exhibit "I" hereto, the estimated
cost of construction and installation of the internal and external works
i"c(liiin'd I)y 01h; n�r�.�� nicht, li��r� in:il I��r i nl l� �I Ili,, "Woo-Ic;I CotiC
shall be :ipprovud by Lli(-c Uircctor :incl cuLurud in S(.bccluLc "Hi bcrcto.
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The said approved "Works Cost Estimate" shall be deemed to
have been included in this Agreement at the date of its or:;,:gi.nal e.'vcu-
S J
tion, whether or not it was, in fact, so included and whether -dr not it
is, in fact, entered in Schedule "E" hereto.
23. PERFORMANCE GUARANTEE REQUIRED
(1) The Owner shall, prior to the issuance of any Building
permit with respect to the buildings shown on Exhibit
"I" hereto, furnish the Municipality by cash or by means
of an irrevocable letter of credit issued by a chartered
Canadian bank, guaranteeing the performance by the )caner
of the provisions of this Agreement. Such cash r -
revocable letter of credit shall be in an amou --OU
to the Works Cost Estimate, with respect to the Plan ui
stage of the Plan for which the said permit is sought.
(2) All documents furnished under this paragraph shall be
approved by the Treasurer and the solicitor for the
Municipality.
(3) The cash or irrevocable letter of credit as provided
in subparagraph (1) hereof, are hereinafter collectively
referred to as a "Performance Guarantee".
24. USE OF PERFORMANCE GUARANTEE
The Owner agrees that the Municipality may at any time,
by resolution of Municipal Council, authorize the use of all or part
of any Performance Guarantee if the Owner fails to pay any costs payable
by the Owner to the Municipality under this Agreement by the due date of,'
the invoice of such costs.
25. BUILDING PERMITS
The Town agrees that upon the Owner complying with the pro-
visions of this agreement respecting approval of all plans and specifications
required herein and upon approval by the Ontario Municipal Board of a
zoning by-law to permit the proposed commercial development, building
permits for the construction of Phase 1 of the shopping centre, as iden-
ti fied on Fxhihi t T, wi l l he issued in accor.daiiet, with the approved plans
subject only to paynu'nt of the usnrnl permit fors and ether fees as are
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payable under by-law currently in force in the Town.
The Owner agrees that a market anajy- =s, q be colliejec
'Szb , ��t �
( e�
by a party agreeable to the Town and the Owner, .�nd.icating the potential)
impact of the proposed expansion on competing c ^mercial development
in Orono and the surrounding area, will be requ-i ed before building
permits will be available for Phase II. No builAing permits will be
available for Phase II until the said Market Analysis indicates that
there is sufficient residual market to support Pjiase II.
26. INTERPRETATION NOT AFFECTED BY HEADINGS
The division of this agreement into paragraphs and`_.she
insertion of headings are for convenience of references only and shall
not in any way affect the interpretation of this agreement.
27. This agreement shall be read with such changes of number
or gender as the context requires.
IN WITNESS WHEREOF the parties hereto have hereunto set
their hands and seals the day and year first above written, and the
parties hereto have affixed their Corporate Seals by the hands of their
proper signing officers duly authorized in that behalf.
THE CORPORATION OF THE TOWN OF NEWCASTLE:
Per:
Mayor
Per:
Clerk
ARMSTRONG STORES LIMITED:
Per:
sc11EDULE "A"
TO
AGREEMENT dated the day oi��s--� �` , A.D. 1979.
B E T W E E N:
AR1,1STRONG STORES LIMITED,
- and -
THE CORPORATION OF THE TOtdN OF NEWCASTLE," =ti
ALL AND SINGULAR that certain parcel or trait of land and premises situate, lying
and being in the Town of Newcastle, in the Regional. Municipality of Durham (forme
in. the Village of Orono, in the (.,ounty of Durham) , in the Province of Ontario, all,
being composed of Lot Eleven (11), Rear Range, Block I on the East Side of Mill Sc
according to a plan of the said Village of Orono made by C. G. Hanning, P.L.S., ar
part of Township Lot Twenty-eight (28) in the Fifth Concession in the Geograph.i.c
Towns;�iil) of Clarke, lying Last of Blocks Y, 1, 2 and 3, Hanning's Plan, the botnnc'
Of th :,aid parcel being more particularly described as follows:
,I
PREMISING that the Easterly limit of said Lot 28 has a bearing of Nort 8 de -
1.3 m:innLes 30 seconds West and r+tlating a1_1 bearings herein thereto;
COidMENC-ENG at an iron bar marking the North -Westerly angle of said T, Le.
THENCE North
88 degrees 12
minutes 30
seconds East along
the North(•
said Lot 11 a
distance of
one hundred
and si:cty-two and
thirty-s:i: ;-h} Ills
feet (162.36')
to an iron
bar marking
the Nortli-Easterly
angle
THENCE North 0 degrees 46 minutes West along the rear of Blocks 2 and 3 and inter-
vening streets a distance of two hundred and twenty-six and eighty-five one -
hundredths feet (226.85') to an :iron bar planted in the Easterly limit of Lot 1.4,
Rear Range, Block 3, at the point of intersection with a fence running Easterly;
THENCfi South 89 degrees 35 minc,tes 30 seconds E.ist along the said fence a distance
of three hundred and sixty-rrinu ,ind seven tc,,iths feet (369.7') to an iron bar
planL�_d at the point of int_c:rsection with the Easterly limit of said Townshi.p
l,o t 28;
'III.ENCE South 18 degrees 1.3 ni i.nu t c,s 30 S e 11ds I:as t n I on l" the: 1 as t -mentioned 1 i,ti
(beim; :11.so the Westerly litnLt. of King's Highway Numbers .1.15 and 35) a distant
Of six hundred and eighty and eighty-five one -hundredths feet (680.85') to an
iron bar planted at the point of intersection with a fence running Westerly;
THENCE South 86 degrees 52 minutes West along the said fence a distance of five
hundred and ninety-one and five -tenths feet (591.5') to an iron bar planted in
the Easterly limit ol` a street Southerly adjacent to Block Y according to the said
Hanning Plan of the Village of Orono;
111ENCF. North 1 degree 33 minutes East along the Easterly limits of said street and
Blocks Y and 1 and intervening street a distance of three hundred and seventy -mine
and two one -hundredths feet (379.02') to an iron bar marking the South-Easterty angle
of said Town Lot 11;
THENCE North 89 degrees 27 minutes West along the Southerly limit of said Town
Let 11 and along a fence a distance of one hundred and sixty and fifty-six one -
hundredths feet (160.56) to an :iron bar marking the South -Westerly angle thereof;
THENCE North 0 degrees 46 minutes West along the Westerly limit of said Lot 11 a
distance of sixty-nine and four -tenths feet (69.4') more or less to the POINT OF
COxiMI_`NCEMENT .
'i"he hereinabove described Lands, containing by admeasurement 7.65 acres be the
same more or less are shown on a map or play: made by M. D. Brown, Ontario Land
Surveyor, which said plan is dated April. 4, 1966, a copy of which is attached to
Instrument No. N30250.
- AND -
2 —
ALL and Singular that ccruin parcel "r Lriat of land and premises, sit,,,,,
lying and being in the Town of Newcastle, in the Regional hNni.cipa y of
Durham, (formerly in the villa,, of 0,,, ,) >sa�i�.,> lit
that PIK oi` Lor_ �umbeF
�:$, in the Fifth Concession of the G ograpllic Tuwrts}€ Clarke kriou= :�,Ir'`���
„�,_!, <j n as Villa,
Lot Number 11 on the east side of Mill Street in thy ?;;;.;- t P.an; � uF 131oc�. 1,
according to the plan of the Village of Orono made 5,kianninb�
, P.L.S.,
and on file in the Registry office for the Registry ��n of � Newcastle (No. 10) .
I
I
This certificate is given by me to The Corporation of the
Town of Newcastle for the purpose of having the said Corporation act in
reliance on it in entering into the Site Plan Agreement.
DATED AT e � v > ` THIS \ DAY A.D. 1979.
-----v�)�i
Cl TOR
THIS IS SCHEDULE "A" to the Agreement which has been authorized and approved
by By—law Nimber 79— of the Corporation of the Town of Newcastle, enacted
and passed the day of , A.D. 1979.
SIGNED, SEALED AND DELIVERED
In the presence of
THE CORPORATION OF THE TOWN OF NEWCASTLE.
Per:
Mayor
Per:
Clerk
ARMSTRONG STORES LIMITED:
Per
SCHEDULE "B"
TO
S 1TE Pi,AN AGREEMENT dated
ti
-BETWEEN:
ARMSTRONG STORES LIMITED,
— and —
THE CORPOIUTION OF THE TQii:j OF NEWCASTLE,
t;.
a Solicitor of the
Supreme Court of Ontario, do hereby certify that the above named Subdivider
Ls ti,e sole owner in fee simple of all land described in Schedule "A" to the
Site Plan Agreement dated
I further certify that there are no mortgages or other encum—
brances upon the said land or any part thereof save—aid except' -the -fol -lowing:
I further certify that
is the sole owner in Fee simple of a1.1 Land to be conveyed to the Corporation
or over which easements or rights are to be conveyed to the Corporation pur—
sant to the said Site Plan Agreement free from all encumbrances sa e—a_nd
e:tc�-e—fallowing:
THIS IS SCHEDULE "B" to the Agreement which has been authorized and approved
by By—law 79— of the Corporation of the Town of Newcastle, enacted and
passed the day of , A.D. 1979.
SIGNED, SEALED AND DELIVERED
In the presence of
THE CORPORATION OF THE TOWN OF NEWCASTLE.
Per:
Mayor
Per:
Clerk
Per:
SCHEDULE "C"
TO
AGREEMENT dated this j day of \
�;�-�, A.D. 1979.
il(
B E T W E E N
ARMSTRONG STORES LIMITED,
- and -
THE CORPORATION OF THE TOWN Q- NEWCASTLE
ALL AND SINGULAR that certain parcel or tract ot- Land and premises
situate, lying and being in the Town of Newcastle, Regional Municipality
of Durham, Province of Ontario, and being composed of part of unsubdivided
Township Lot Twenty-eight (28) in the Fifth Concession according to C.G.
Hanning's Plan of the former Village of Orono, now within the limits of
the said Town of Newcastle, and being a strip of land one foot in perpen-
dicular width Westerly adjacent to the Easterly limit of said Lot Twenty-
eight (28), Concession 5, the boundaries of the said strip of land being
more particularly described as follows;
PREMISING that the aforesaid Easterly limit of said Lot 28 has an astrozioknic
bearing of North 18 degrees 13 minutes 30 seconds West derived from
Deposited Plan Number 16260 and relating all bearings herein thereto;
Beginning at the North -Easterly angle of Village Lot 11 (Eleven), Rear I
Range, Block 1, according to C. G. Hanning's Plan of the said Village
of Orono;
Thence North 00 degrees 46 minutes West to and along the Easterly limits
of Village Lots 12 and 13, Rear Range, Block 2, and its production
Northerly a distance of 226.85 feet to an iron bar planted in the Easterly
limit of Village Lot 14, Rear Range, Block 3;
THENCE South 89 degrees 35 minutes 30 seconds East in the line of a fence
a distance of 369.70 feet more or less to an iron bar planted at the
point of intersection with the Easterly limit of said Township Lot 28;
this is the point of commencement of the lands to be herein described;
THENCE South 18 degrees 13 minutes 30 seconds East along tMe Easters/y
limit of said Lot 28 being the Westerly limit of King's Highw�Numbers
115 and 35, as shown on Deposited Plan Number 16260, and along a line
hereinafter referred to as Line A, a distance of 680.85 feet to an
iron bar planted at the point of intersection with a fence running
Westerly;
THENCE South 86 degrees 52 minutes West in the line of the said fence
a distance of 1.04 feet more or less to the point of intersection with
a line drawn parallel to and perpendicularly distant 1.00 feet measured
Westerly from Line A;
THENCE North 18 degrees 13 minutes 30 seconds West parallel to said
line A a distance of 680.90 feet more or less to the point of inter-
section with a line drawn on a course of North 89 degrees 35 minutes
30 seconds West from the point of commencement;
THENCE South 89 degrees 35 minutes 30 seconds East a distance of
1.05 feet more or less to the POINT OF COMMENCEMENT.
-2—
THIS IS SCHEDULE "C" to the Agreement which has been authorized and approved by
By—law Number 79— of the Corporation of the Town of Newcastle, enacted and
passed the day of A.D, 1079,
SIGNED, SEALED AND DELIVERED ) THE CORPOP'7E TOWN OF NEWCASTLE
In the presence of )
Per:
Mayor
Per:
Clerk
ARMSTRONG STORES LIMITED
Per:
A„dcg„�r.1C4''Si4".LT:tR:u:`�dn.SS?3Ar'ct�r"'uYrCA,,.xUt+"<P..'t55MvW ...:i,.�si1zW�NPatrWi�i�221�43ib'dk#4;ani;'r:,r&:s..`dv4*.u3^S.fl.SZT';sfs!-o-ia2atitA:S�NY4i4Pn'HttRt�Z�.:�&:'
SCHEDULE "D"
TO
4
h;
AGREEMENT dated this ` Z' day of i� �, s s: D.
II'�I
B E T W E E N
— and —
THE CORPORATION OF THE TOW�OF NEWCASTLE,
B E T W E E N:
SCHEDULE "E"
WK
ARMSTRONG STORES LIMITED,
- and -
THE CORPORATION OF THE TOWN C' NEWCASTLE,
uL
` IIIA
I
EXHIBIT
This is Exhibit "I" to the Agreement which has been authorized and approved
by By-law 79- of the Corporation of the Tgwn of } enac IS
and
passed the day of A.D. 1979.
'i
it
SIGNED, SEALED AND DELIVERED ) THE CORPh,, ;F THE TOWN OF
NWCMSTLL 1
) I
In the presence of ) per:
Per:
I'I
I
ARMSTRONQ STORES LI14ITET,
Per:
THE CORPORATION OF THE
TOWN OF NEWCASTLE
By-law Number 79- 150
A By-law to amend Restricted Area By-law Number
1592, as amended, of the former Township of Clarke
WHEREAS the Council of the Corporation of the Town of Newcastle deems
it advisable to amend Restricted Area By-law Number 1592, as amended,
of the former Township of Clarke.
NOW THEREFORE the Council of the Corporation of the Town of Newcastle
ENACTS as follows:
1. Section 6 of By-law 1592, as amended, is hereby further
amended by adding thereto the following subsection 6.3:
"6.3 SPECIAL PROVISIONS
(a) "C -SC" Part of Lot 28, Concession 5
Notwithstanding any provision of this By-law to
the contrary, that part of Lot 28, Concession 5,
which is designated "C -SC" on the attached Schedule
"A" hereto sliall be used for no other purpose tfian a
shopping centre, in accordance with the provisions
of this special provision and where there is any
conflict between the regulations hereinafter set out and
any other provisions of this By-law, than the provisions
of this Special Provision shall apply, but in all other
respects, the provisions of this By-law, as amended,
shall apply.
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1.1 Permitted Uses
a shopping centre, containing one or more of the
following uses:
- a bank
- a barber shop
- a beauty parlour
- a coffee shop
- a grocery store
- a library
- a post office
- a professional or business office
- a retail store not engaged in manufacturing on
the premises unless such manufacturing is incidental
to the retail business, does not exceed fifty percent
(50%) of the floor area and the products manufactured
are primarily for sale at retail on the premises.
- a shoe repair shop
1.2 Site Plan Agreement
Pursuant to Section 35 (a) of the Planning Act, as amen-
ded, the lands subject to the special condition contained
herein, are hereby designated a site plan control area.
The Town of Newcastle shall require the owner of the lands
to enter into one or more agreements in respect of the
development of the subject lands prior to any development
being undertaken.
1.3 Zone Requirements
No person shall use any of the lands subject to this
Special Provision, or erect, alter or use any building
or structure thereon for any purpose except in accord-
ance with the following provisions:
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(a) Lot Frontage (minimum)
(b) Lot Area (minimum)
(c) Front Yard (minimum)
(d) Side Yard (minimum)
(e) Rear Yard (minimum)
(f) Gross Floor Area ( minimum)
(g) Building Height (maximum)
(h) Landscaping Area (minimum)
(i) Parking Spaces (minimum)
20 metres
2.8 hectares
50.5 metres
7.6 metres
12 metres
5110 square metres
7.7 metres
25% of Lot Area
1 space per 16.75
square metres of gross
floor area
(j) Loading Spaces (minimum) 2
(k) Building Location
Notwithstanding any provision of this By-law
to the contrary, nothing shall prevent the
location of any building or structure in the
front, side or rear yard of any other building
or structure, provided that both such buildings
or structures are located in compliance with
the provisions of such site plan agreements as
may be required by the Town of Newcastle.
(1) Servicing Requirements
No person shall erect, alter or use any building
for any permitted use on the said lands unless
such building is serviced by a municipal water
supply and a private sewage disposal system, to
the satisfaction of the governmental authorities
having jurisdiction.
2. Schedule "A" of By-law 1592, as amended, is hereby further
amended by changing to C -SC the zone designation of the
lands indicated as "ZONE CHANGE TO C -SC" on the attached
Schedule "X" hereto.
- 4 -
3. This By-law shall come into effect on the date hereof,
subject to receiving the approval of the Ontario Municipal
Board.
BY-LAW READ a first time this 17th day of December A.D. 1979.
BY-LAW READ a second time this 17th day of December A.D. 1979.
BY-LAW READ a third time and finally passed this 17th day of
December , A.D. 1979.
G. B. Rickard, Mayor
(seal)
J. M. Mcllroy, Clerk
THIS IS SCHFDULF Y TO BY-LAW 79--m--,,
PASSED THIS 17``` DAY OF llecemberA D 1979
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G.B.Rickard,Mayor
J.M. Mcl I roy, Clerk