HomeMy WebLinkAboutPD-54-82 1 ✓Sys
I
i
CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT
HAMPTON, ONTARIO LOB 1 JO 1 EL. (416)263-2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF APRIL 5, 1982
REPORT NO. : PD-54-82
SUBJECT: PROPOSED SITE PLAN AGREEMENT -
G & D ELLIOTT LIMITED - PART OF LOTS
3 & 4, CONC. 2, FORMER TWP. OF CLARKE
OUR FILE: S-P-3-15
I
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following:
1 . That Report PD-54-82 be received; and
2. That the attached Site Plan Agreement between
the Town of Newcastle and G & D Elliott Limited
be approved; and
3. That the attached By-law authorizing execution
of the above-referenced Site Plan Agreement
between the Town of Newcastle and G & D Elliott
Limited be approved.
BACKGROUND: r}
In September of 1981 , the Committee of Adjustment considered
Application A 90/81 submitted by G & D Elliott Limited, for
permission to construct an addition to an existing building
located on the subject lands. (��'
I�t
t/ 6 J�
Report No. : PD-54-82 . . ./2
The lands in question are presently designated Major Open
Space by the Durham Regional Official Plan. Salvage yards
are permitted subject to specified conditions as would be
the enlargement or expansion of an existing salvage yard.
By-law 1592 zones the lands "A-Agriculture". Salvage yards
are not a pemitted use, and, therefore, the approval of the
Committee of Adjustment was required inasmuch as this
involves expansion of an existing legal non-conforming use.
The subject application for minor variance was approved on
September 23rd, 1981 and permitted the extension of a legal
non-conforming use by construction of a 40 foot by 96 foot
storage shed as an addition to an existing building.
Following therefrom, there were numerous discussions held
with the applicants on various dates concerning the Town's
site plan requirements. Pursuant to By-law 79-151 , site plan
approval is required prior to expansion of the subject use.
As a result of these discussions and meetings held with the
applicants, Mr. Smith and the Mayor, an application for site
plan approval was submitted by G & D Elliott Limited. As a
result of our review, staff have prepared the attached site
plan agreement for the Committee's consideration.
COMMENTS:
I
The attached agreement would delegate to the Director of
Planning and Director of Public Works the authority to
approve site plans for the subject lands. Inasmuch as we
are dealing with a simple expansion to an existing use which
would not alter other features of the site, staff do not
foresee any problems with subject site plans.
i
i
i
i
Report No. : PD-54-82 . . ./3
The other terms and provisions of the agreement are in
accordance with our standard requirements, with the
exception that prior to the Town registering the agreement
against title, we would provide the owners with thirty (30)
days written notice and obtain their consent to do so.
The agreement has been reviewed with Messrs. Gordon and Don
Elliott, who have agreed with the contents thereof, pending
finalization of our circulation, which in this case would
only involve the Ministry of Transportation and
Communications, our Public Works Department and the Town's
Fire Department. Staff will undertake approval of the
subject site plans and thus clear all requirements for the
issuance of building permits.
Staff note that the approach taken with the subject
agreement is slightly different than prior site plan
agreements in that a separate by-law delegating authority to
approve site plans is not required, by virtue of Council
approval of the agreement itself, and hopefully this will
speed up the site plan approval process, thus minimizing the
turn-around time between receipt of an application and
issuance of building permits.
Provided the Committee concurs with staff's approach, it
* would be appropriate to forward the attached agreement and
authorizing by-law to Council for approval .
Respectfully submitted,
�T. T. Edwards, M.C.I .P.
Director of Planning
TTE*mjc
March 25, 1982
I
f
} y��
ri
IV
SCHEDULE "X" TO BY-LAW NUMBER pp_46
V �
DEVELOPMENT AGREEMENT MADE fin quintuplicate) this day of
19£3
BETWEEN:
G & D ELLIOTT LIMITED
f
hereinafter called the "OWNER" OF
THE FIRST PART
r
- and -
1 THE CORPORATION OF THE TOWN OF NEWCASTLE,
hereinafter called the "TOWN" OF THE SECOND PART
I
I
I
i
WHEREAS the lands affected by this agreement, are described in
Schedule "A hereto and hereinafter referred to as the "said lands";
AND WHEREAS the Owner has represented to the Town that the said lands
are registered in the name of G & D Elliott Ltd. who is the
beneficial owner of the said lands as stated in the affidavit
attached to this agreement as Schedule "B";
AND WHEREAS the Owner proposes to erect an addition to an existing
legally non-conforming storage building located on the 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
i
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 site is not served by
municipal services and that each building or structure requiring
water or sanitary waste disposal shall be served by a private water '
supply and private sanitary waste disposal system as may be required
by the Durham Regional Health Unit.
NOW THEREFORE, in consideration of the mutual agreements and
covenants hereinafter contained, the parties hereto agree as
follows:
i
� THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 82- 46
i
being a By-law to authorize the entering into of an Agreement with
I
G & D Elliott Limited.
The Council of the Corporation of the Town of Newcastle hereby enacts
as follows:
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
f
Corporation's seal, an Agreement between G & D Elliott Limited and
the said Corporation dated the day of 1982, in the
form attached hereto as Schedule
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 1982
D. W. OAKES, CLERK
i
i
I
i
� I
I
f
I
V :�1�1
I
! - 2 -
1. Annexed hereto and marked as Schedule "C" is a site plan
showing the size and location of the existing and proposed buildings j
which the Owner proposes to erect on the "said lands", which shall be I
i
approved by the Director of Planning and the Director of Public
Works.
I
2. The Owner agrees that no buildings or structures, other than
the building shown on Schedule "C" shall he erected on the "said
lands" and further, that in the construction of such building the
i
Owner will comply with the location of the buildings on the lot and
i
all other matters relating to the building shown on Schedule "C".
3. PARKING AND ACCESS
} The Owner agrees to provide and maintain off-street parking
and driveway access in accordance with Schedule "C". No parking of
I vehicles shall be permitted on access or driveway areas which shall
be maintained as fire access routes to the satisfaction of the Fire
Chief.
4. GARBAGE AND WASTE
(a) The Owner agrees to provide and maintain garbage and
waste storage facilities as may be required for the
storage of garbage and other waste materials from the
buildings on the said lands.
(b) The Owner further agrees to remove garbage and other
I
waste materials as often as may be required.
5, SNOW REMOVAL
The Owner agrees to remove snow from access routes, driveways
and parking areas, as soon as reasonably possible following the
cessation of any fall of snow.
6. GRADING AND DRAINAGE
The Owner agrees to undertake the grading of and provide for
at his cost the disposal of storm, surface and waste water from the
said lands and from any buildings or structures thereon in such a j
manner that waste water will not interfere with the use or enjoyment �.
of adjacent properties or open road allowances.
i
I
L V 5(��
f
l
3 -
I
7. FLOODLIGHTING
i
The Owner agrees to refrain from erecting or using any form of
illumination which in the opinion of the Town would cause any traffic
4
hazard or would cause a disturbance to residential uses adjacent to
the "said lands".
8. FENCING
The Owner agrees to maintain fences or other suitable
screening between outdoor storage areas and abutting public highways I
in accordance with Schedule "C".
r
9. ' SIDEWALKS
i
NOT APPLICABLE
41 10. APPROVAL OF PLANS AND SPECIFICATIONS
jThe 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.
i
11. REGISTRATION AND ENFORCEMENT
The Owner agrees that the Town may register this Agreement,
subject to thirty (30) days written notice and the mutual consent of
the parties hereto, 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 subject to the provisions of the
Registry Act and the Land Titles Act R.S.O. 1979, as amended, against
any and all subsequent owners of the "said lands".
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
estimated cost of construction and installation of any external works
required by this Agreement, hereinafter called the "Works Cost
i
f
I
P
THIS IS SCHFDUIF "A" to the Agreement which has been authorized and
approved by By-law No, of the Town of Newcastle, enacted
and passed the day of 1982
LEGAL DESCRIPTION OF SAID LANDS
ALL AND SINGULAR that certain parcel or tract of land and premises,
situate, lying and being in the Town of Newcastle in the Regional
Municipality of Durham (formerly in the Township of Clarke, in the
County of Durham), in the Province of Ontario, and being composed of
part of Lots 3 and 4, Concession 2, former Township of Clarke, the
boundaries of the said parcel being described as follows:
Bearings herein are astronomic and are referred to the meridian
through the south-west angle of Lot 35, Concession 2, Township of
Hope;
COMMENCING at an iron bar planted at the point of intersection of the
northerly limit of the King's Highway Number 2 as shown on Registered
Plan Number 599 for the former Township of Clarke and the easterly
limit of said Lot 3; said iron bar being distant northerly 174.48
feet in the said easterly limit from an iron bar marking the
south-easterly angle of said Lot 3;
THENCE North 18 degrees 11 minutes west along the easterly limit of
said Lot 3 a distance of 380.12 feet to an iron bar;
` THENCE South 77 degrees 41 minutes west in and along a wire fence a
distance of 663.22 feet to a point;
THENCE North 18 degrees 11 minutes west a distance of 616.85 feet to
a point;
THENCE South 73 degrees 24 minutes west a distance of 662.79 feet to
a point;
THENCE North 18 degrees 04 minutes 50 seconds west a distance of
2049.32 feet to an iron bar;
THENCE South 76 degrees 41 minutes 40 seconds west in and along a
fence a distance of 817.21 feet to an iron bar;
i THENCE South 77 degrees 17 minutes 50 seconds west continuing along
the said fence a distance of 40.50 feet to an iron bar;
THENCE South 17 degrees 45 minutes east a distance of 2732.22 feet to
an iron bar planted in the northerly limit of the King's Highway
Number 2 as shown on Registered Plans Numbers 599 and 1029 for the
former Township of Clarke;
THENCE North 83 degrees 25 minutes east in and along the said
northerly limit a distance of 1836.11 feet to a point;
THENCE North 86 degrees 39 minutes east continuing along the said
northerly limit a distance of 408.82 feet more or less to the point
of commencement.
THE HEREINABOVE described lands containing by admeasurement 73.046
acres be the same more or less.
SUBJECT to an easement in favour of the Hydro Electric Power
Commission of Ontario and being more particularly described in
Instrument Number 8867 for the former Township of Clarke.
IN WITNESS WHEREOF the parties have hereto affixed their corporate
seals by the hands of their proper signing officers duly authorized
in that behalf.
G & D ELLIOTT LIMITED
) i
I
)
THE CORPORATION OF THE TOWN OF
NEWCASTLE
A R
) I
(V5�/
i
THIS IS SCHEDULE "8" to the Agreement which has been authorized and
approved by 8y-law No. of the Town of Newcastle, enacted
and passed the day of 198
AFFIDAVIT OF OWNERSHIP
i
I, GEORGE F.ELLIOTT, President of G & D ELLIOTT LIMITED, say as
follows:
1. I am the President of G & D Elliott Limited, described in the
attached Development Agreement, and as such have knowledge of the
matters hereinafter deposed to.
2. G & D Elliott Limited received a conveyance in fee simple to
the lands described in Schedule "A" hereto by a Deed registered as
Instrument Number registered in the Registry Office for
the Registry Division of Newcastle (No. 10) on the day of
19 . The transfer was not subject to any mortgages.
SWORN before me at the )
Town of Newcastle, in the )
Regional Municipality of )
Durham ) EORGE F. ELLI TT, Press ent
this day of ) G & D ELLIOTT LIMITED
1982 )
ti
I
t
R-
i
I
I
i
I
I
i
1 V 5��
f
THIS IS SCHEDULE "D" to the Agreement which has been authorized and
approved by By-law No. of the Town of Newcastle, enacted
and passed the day of 198
AFFIDAVIT OF OWNERSHIP
(to be provided by Owner)
pp
i
i
i
i
i
+I
I
i
I
i
i f
i
r
i
I
I
I
i
THIS ,IS SCHEDULE "C" to the Agreement which has been authorized and t
approved by By-law No. of the Town of Newcastle, enacted
and passed the day of 198
i
t
h
f
c
(SITE PLAN)
I i
i
i
{
IN WITNESS WHEREOF the parties have hereto affixed their corporate
seals by the hands of their proper signing officers duly authorized
in that behalf.
)f & U ELLInTT LIMITED
i
THE CORPORATION OF THE TOWN OF
NEWCASTLE
t
MAYOR
CLER
f i
N
1 ;
THIS IS SCHEDULE "D" to the Agreement which has been authorized and
approved by By-law No. of thy., lawn of Newcastle, enacted and
i
passed the day of 198 I�
WORKS COST ESTI14ATE I
(to be determined)
i
where applicable
I
I
I
i
I k
l
`I
I
I
IN WITNESS WHEREOF the parties have hereto affixed their corporate
seals by the hands of their proper signing officers duly authorized
in that behalf.
i
I
)G k D ELLIOTT LIMITED
)
I
k
) i
THE CORPORATION OF THE TOWN OF
NEWCASTLE
MAYOR
j
CLER
i
i
arr I
i
I
la I
I
jj
KEY MAP
FORMER TOWNSHIP OF CLARKE
LOT L ArT LOT LOT LOT LOT OT LOT I LOT LOT I LOT
I u9 o
7 6 5 4 3 2
I I I
I I I I I I
I I i I I I I
J
SUBJECT
I I I
IT
S I
I �
I Ir--- --- -- r — No I
I I I I I I I i
I I
I I I I I I
I I I I r I
I I I i I I I I
i
0 250 500 loo
i
I 500 100
i