HomeMy WebLinkAboutPD-52-82 i
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CORPORATION OF THE TOWN OF NEWCASTLE
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PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH, M.C.I.P.,Director
HAMPTON, ONTARIO LOB 1 JO TEL. (416)263-2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF APRIL 5, 1982
REPORT NO. : PD-52-82
SUBJECT: PROPOSED SITE PLAN AGREEMENT -
ART'S WOODWORKING LTD. , PART LOT 27,
B. F. CONC. , (DARLINGTON)
OUR FILE: S-P-1-19
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following:
1 . That Report PD-52-82 be received; and
* 2. That the attached site plan agreement be
approved; and
* 3. That the attached by-law authorizing execution
of a site plan agreement between Art's
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Woodworking Ltd. and the Town of Newcastle be
approved.
BACKGROUND:
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The subject application for site plan approval was received
by staff in January of 1982. The applicant, Art's
Woodworking Ltd. , is proposing the establishment of a
woodworking shop on Courtice Court in the Darlington ,
Industrial Park. The proposed building is 553m2 in ,� 4
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area. 1���
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Report No. : PD-52-82 . . ./2
COMMENTS:
In accordance with the Department's procedures, the
application was circulated to members of the Town's Site
Plan Committee and various other affected agencies for
comments. The major concern raised during circulation was
related to fire protection and the need to provide a water
supply for fire fighting.
This application brings to light again a major stumbling
block to the development of the Darlington Industrial Park.
As Committee members are aware, there are no piped services
in this area and there are presently no provisions within
the pre-existing subdivider's agreement to provide a
community-type reservoir in this industrial subdivision.
Staff therefore feel obligated to respect the requests of
the Fire Chief and have prepared an agreement that requires
the applicant to provide, on site, a reservoir large enough
to protect his own building. In order to avoid placing the
somewhat onerous responsibility of providing a fire
protection reservoir on other individual developers within
this plan, staff are attempting to negotiate with the
subdividers of the Darlington Industrial Park to establish a
large reservoir to serve the entire subdivision. Staff are
also working towards the development of a policy which will
provide standards for fire protection in rural commercial
and industrial areas.
The attached site plan agreement has been reviewed with the
applicant and five signed originals have been prepared for
execution. If Council is satisfied with the terms and
conditions of the agreement, particularly those related to j
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Report No. : PD-52-82 . . ./3
fire protection, it would be appropriate for Council to
approve the attached site plan agreement and by-law
authorizing the Mayor and Clerk to execute same.
Respectfully su omitted,
1�. d CCCG.
T. E wards, M.C.I.P.
Director of Planning
FA*TTE*mjc
March 26, 1982
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 82- 44
being a By-law to authorize the entering into of an Agreement with
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Art's Woodworking Ltd.
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The Council of the Corporation of the Town of Newcastle hereby enacts
as follows:
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1• THAT the Mayor and Clerk are hereby authorized to execute on
i behalf of the Corporation of the Town of Newcastle, and seal with the
Corporation's seal, an Agreement between Art's Woodworking Ltd. and
the said Corporation dated the day of 198 , in the
1 form attached hereto as Schedule
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2. THAT Schedule "X" attached hereto forms part of this
by-law. ,
BY-LAW read a first time this 13th day of April 1982
BY-LAW read a second time this 13th day of April 1982
BY-LAW read a third time and finally passed this 13th day of
April a
1982
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F W. OAKES, CLERK
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SCHEDULE "X" TO BY-LAW NUMBER 82-44
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DEVELOPMENT AGREEMENT MADE (in quintuplicate) this day of
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BETWEEN:
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ART'S WOODWORK k-IMiiED <;�� j
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hereinafter called the "OWNER" OF THE FIRST PART
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THE CORPORATION OF THE TOWN OF NEWCASTLE, i
hereinafter called the "TOWN" OF THE SECOND PART
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{ 14HERE-AS the lands affected by this agreement, are described in
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Schedule "A hereto and hereinafter referred to as the "said lands";
AND WHEREAS the Owner has represented to the Town that the said lands
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are registered in the name of Art's Woodwork Limited, which is the
beneficial owner of the said lands as stated in the affidavit
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AND WHEREAS the Owner proposes to erect an industrial building on the
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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 acknowledges that the said lands wil not be
serviced by a municipal sewer or water system, and that each building
or structure to be erected or altered shall be serviced by a private
well and a private sanitary waste disposal system, as approved and/or
required by the Durham Regional Health Unit. f
NOW THEREFORE, in consideration of the mutual agreements and
covenants hereinafter contained, the parties hereto agree as
follows: �+
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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 is hereby approved by the Town.
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2, The Owner agrees that no buildings or structures, other than
the huilding shown on Schedule "f." 0wlI he erected on the ",;,ii(I
lands" and further, that in the construction of such building the
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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".
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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
Public Works which shall include a surfacing of. parking areas with
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concrete or bituminious asphalt. Po parking of vehicles shall he
permitted on access or driveway areas which shall be signed and
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maintained as fire access routes to the satisfaction of the Fire
i Chief. Notwithstanding the foregoing the Owner agrees that the final
surfacing of concrete or hituminious asphalt for the parking area,
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shown on Schedule "C" shall be completed within one year of occupancy
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of the proposed building.
4. GARBAGE AND WASTE
(a) The Owner agrees to provide and maintain enclosed garbage
and waste storage facilities as may be required by the
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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
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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.
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6. GRADING AND DRAINAGE
The Owner agrees to undertake the grading of and provide for 1
at 'his cost the disposal of storm, surface and waste water from the
"said lands" and from any buildings or structures thereon in f
accordance with Schedule "C".
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7. FLOODLIGHTING
The Owner agrees to provide floodlighting 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 i
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or using any form of illumination which in the opinion of the Town i
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 '
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with Schedule "C" to provide adequate landscaping of the "said lands"
and protection to adjoining lands.
9. FIRE PROTECTION RESERVOIR
The Owner agrees to provide and maintain, on site, in a
location to be approved by the Fire Chief and Director of Public
Works, a fifty thousand (50,000) litre fire protection reservoir.
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The Owner also agrees that prior to the issuance of any building
permit the Town shall be provided with a performance guarantee in the
form of cash or an irrevocable letter of credit issued by a chartered
Canadian (lank in an amount equal to the works cost estimate for the
installation of the aforesaid reservoir. The Owner further agrees
not to occupy the building to be constructed on the "said lands"
prior to installation of the aforesaid reservior.
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
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the provisions of this Agreement against the Owner of the "said
lands" and subject to the provisions of the Registry Act and the Land
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Titles Act, R.S.O. 1979, as amended, against any and all subsequent
owners of the "said lands". F
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
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estimated cost of construction and installation of the external works
required by this Agreement, hereinafter called the "Works Cost
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Estimate" shall be approved by the Director of Public Works and
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i annexed to this Agreement on Schedule "D".
The said approved "Works Cost Estimate" shall he deemed to
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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 Dank 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
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specified works and facilities.
(2) All submissions made under clause (1 ) above, shall be
approved by the Treasurer of the Town. i
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 )ayable by the Owner or
construct any works reouired by the Town under this Agreement.
BUILDING PLRMIi
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The Town agrees that upon the Owner 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
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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.
16. LAPSE OF APPROVAL
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In the event a building permit has not been issued to the
Owner within the period of two ye<rrs hereinafter in this sentence
referred to, the parties agree that the Town's approval of the site
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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
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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
their hands and seals and/or corporate seals by the hands of their
proper signing offices duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED ) ART'S WOODWORK LIMITED '
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THE CORPORATION OF THE TOWN OF
NEWCASTLE
CZE1fK--
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LIST OF SCHEDULES .
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A - Legal Description of Said Lands
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B - Affidavit of Ownership t
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C - Site Plan including:
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Location of Buildings
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Landscaping and Fencing
Floodlighting
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Grading and Drainage I
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D - Works Cost Estimate
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THIS IS SCHEDULE "A" to the Aqreement which has been authorized and
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approved by BY-law No, of the Town of Newcastle, enacted
and passed the day of
198
LEGAL DESCRIPTION OF SAID LANDS
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ALL AND SINGULAR that certain parcel or tract of land situate, lying
and being in the Town of Newcastle, in the Regional Municipality of
Durham, and being composed of Part of Lots 27 and 28, Broken Front
Concession in the Geographic Township of Darlington, in the Region of
Durham and now described as Part 19 on a Registered Reference Plan
deposited in the Registry Office for the
� Registry Division ivision of '
Newcastle (No, 10) as Plan IOR-708,
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IN WITNESS WHEREOF the parties have hereto affixed their corporate
seals by the hands of their proper signing officers duly authorized
in that behalf.
ART'S WOODWORK G1141-TED c',
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THE CORPORATION OF THE TOWN OF
NEWCASTLE
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THIS IS SCHEDULE "B" to the Agreement which has been authorized and
approved by fly-law No, of the Town of Newcastle, enacted
and passed the day of 198
AFFIDAVIT OF OWNERSHIP
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I , ART SCHWAB, President of Art's Woodwork Ltd. say as follows:
1. I am the President of Art's Woodwork Ltd., descrihed in the
attached Development Agreement and as such have knowledge of the
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matters hereinafter deposed to.
2. Art Schwab, President of Art's Woodwork Limited received a
conveyance in fee simple to the lands described in Schedule "A"
hereto by a Deed registered as Part No. 19 Plan 1OR-708 for the
Registry Division of Newcastle (No. 10) on the 1st day of March,
1979. The transfer was not subject to any mortgages.
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SWORN before me at the ) �/
Town of Newcastle, in the
Regional Municipality of
Durham ) ART SCHWAB, President
this day of ) Art's Woodwork Ltd.
1982 )
A Commissioner, etc.
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/5 IS SCHEDULE "D" to thr A9rvomont. which hmi� horn authorized and
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approved by By-law No. Of the luwn ul NCWCaStle, enacted dnd
passed the day of 198
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WORKS COST ESTIMATE f
(to be determined)
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a. 2 - 18" culverts installed $2,000.00
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b. 3" asphalt on entranceway 2,000.00
c. Sodding and reshaping of ditch 1 ,500.00
d. Reinstatement of road or other services
damaged by construction 500.00
e. 50,000 litre fire protection reservoir
installed
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IN WITNESS WHEREOF the parties have hereto affixed their corporate
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seals by the hands of their proper signing officers duly authorized
in that behalf.
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ART'S W OOW RK LIMITED
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THE CORPORATION OF THE TOWN OF I
NEWCASTLE
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