HomeMy WebLinkAboutPD-53-82 I
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CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH, M.C.I.P.,Director
HAMPTON, ONTARIO LOB 1 JO TEL. (416)263-2231 j
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF APRIL 5, 1982
REPORT NO. : PD-53-82
SUBJECT: AMENDMENT TO SITE PLAN AGREEMENT -
STEWART D. PRESTON - Part of Lot 21 ,
Concession 2, Darlington
Our file: S-P-1-4
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RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following:
1 . That Report PD- 53-82 be received; and
2. That the attached Amendment to the Site Plan
Agreement authorized by By-law 80-146 be
approved; and
3. That the attached By-law authorizing execution
of an amendment to the Site Plan Agreement
between Stewart D. Preston and The Corporation
of the Town of Newcastle be approved.
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BACKGROUND AND COMMENTS: '
On March 9th, 1982, staff received the attached letter from ;
Mr. Charles C. Ewert, on behalf of his client, Mr. S. `fdc
Preston, requesting that Mr. Preston be released from the
requirements of the Site Plan Agreement in respect of paving (Al'
the parking lot, or alternatively, an extension of up to two ',�;�
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years be provided for completion of this requirement,
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Report PD- 53-82 . . ./2
and secondly, that Mr. Preston be relieved of his obligation
under the Agreement to remove an existing frame shed,
located on the rear portion of the lot.
Staff have reviewed the request, and note that the Site Plan
Agreement authorized by By-law 80-146 specifically required
a bituminous-surfaced display area for the used car lot and
specifically required the removal of the frame shed located
to the rear of the lot. These requirements were imposed to
ensure the appropriate and aesthetic development of the
subject lands for the uses permitted under the Zoning
By-law. The Site Plan Agreement was entered into as a
condition of the Town 's approval of said By-law and was
designed to ensure the provision of a joint access for the
use proposed on the subject lands, as well as the existing
uses on lands located to the north. The frame shed is in a
location which would interfere with that access and would
also interfere with the parking facilities required pursuant
to the Site Plan Agreement. Insofar as the surfacing of the
display area is concerned, it is staffs' opinion that a
bituminous surface would be much more appropriate
aesthetically and in terms of potential nuisance to abutting
residential uses to the west. It is certainly in the best
interests of the developer to provide such a surfacing for
protection against vandalism, ease of maintenance and
general aesthetics of the property, which, being a corner
property, is of specific concern to the Municipality.
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Staff note that the Site Plan Agreement was executed on
October 31st, 1980, and since that time very little action
has been taken on the part of the owner to comply with the
provisions thereof.
�v 5th
Report PD- 53.82 . . ./3
Staff do not feel that it is appropriate to relieve the
Owner of his responsibilities under the terms of the !
Development Agreement, however, we are willing to recommend
deferral of the requirements of paragraph 3 in respect of
surfacing of parking and loading areas to the maximum two
years requested by the Owner.
Staff have advised Mr. Ewert of our position, and provided
him with the draft Amending Agreement for his review. The
attached Agreement has now been signed by Mr. Preston, and
it would now be appropriate to forward same to Council for
execution.
Respectful ly 'submitted,
T. T. Edwards, M.C.I.P.
Director of Planning
TTE/mjc
Mal ch 9�e 1982
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 82- 45
being a By-law to authorize the entering into of an Amending
Development Agreement with Stewart D. Preston.
The Council of the Corporation of the Town of Newcastle hereby enacts
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as follows:
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1. THAT the Mayor and Clerk are hereby authorized to execute on
behalf of the Corporation of the Town of Newcastle, and seal with the j
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Corporation's seal, an Amending Development Agreement between
Stewart D. Preston and the said Corporation dated the 15th day of
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March, 1982, in the form attached hereto as Schedule'T'.
2. THAT Schedule 'T' attached hereto forms part of this
by-law.
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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 1982
G. B. RICKARD, MA
D. W. RAKES, CLERK
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SCHEDULE "X" TO BY-LAW NO.
V P
AMENDING D7/C/1 ELOPMENT AGREEMENT made (in quintuplicate) this Th
day of / 1982
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BETWEEN:
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STEWART D. PRESTON,
hereinafter called the "OWNER" OF THE FIRST PART
' - and - ;i
THE CORPORATION OF THE TOWN OF NEWCASTLE,
hereinafter called the "TOWN" OF THE SECOND PART
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WHEREAS the Owner warrants that it is the registered owner of those i
lands described in Schedule "A" attached hereto and hereinafter l
referred to as the "said lands";
AND WHEREAS the Town has passed By-law 80-146 and the Owner and the
} Town have entered into a Development Agreement which was duly
executed by the parties thereto;
IAND WHEREAS the parties hereto agree to amend the said Development
Agreement;
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NOW THEREFORE in consideration of the mutual agreements, covenants
and provisoes contained herein, the parties hereto agree as follows:
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I. Paragraph 3 of the Development Agreement authorized by By-law
80-146 between Stewart D. Preston and The Corporation of the Town of
Newcastle is hereby amended by the addition of the following
sentence: "Notwithstanding the foregoing, the Owner further agrees
to complete the final surfacing of the parking area shown on Schedule
"C" with concrete or bituminous asphalt on or before April 1st,
1984.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands
and seals and/or corporate seals by the hands of their proper signing j
officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED)
In the.Presence of:
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)THE CORPORATION OF THE TOWN OF NEWCASTLE
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. Page 2 of Schedule "X" s w
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THIS SCHEDULE IS SCHEDULE "A" to the AMENDING AGREEMENT which has 1
been authorized and approved by By-law Number 82- of the
Town of Newcastle enacted and passed the day of
1982.
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LEGAL DESCRIPTION OF SAID LANDS
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 Lot 21, Concession 2 in the
Geographic Township of Darlington, in the Region of Durham, and now
� described as Parts 2 and 4 on a registered reference plan, deposited
in the Registry Office, Division of Newcastle (NO. 10) as plan
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IOR-1190.
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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)
In the Presencl of: )
Zed
STEWART PRESTON
)THE CORPORATION OF THE TOWN OF NEWCASTLE s
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MAYOR
CLERK
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