HomeMy WebLinkAboutPD-56-82 4
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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 1J0 TEL. (416)263-2231
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REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF APRIL 5, 1982
REPORT NO. : PD-56-82
SUBJECT: APPLICATION FOR SITE PLAN APPROVAL
STRATHAVEN NURSING HOME - BEAUCAGE
HOLDINGS - PART OF LOT 9, CONC. 1
BOWMANVILLE - OUR FILE: S-P-2-31
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following:
1 . That Report PD-56-82 be received; and
* 2. That the attached Site Plan Agreement between
the Town of Newcastle and Beaucage Holdings !1„
Limited be approved; and
* 3. That the attached By-law authorizing execution
of an agreement between the Corporation of the
Town of Newcastle and Beaucage Holdings Limited
be approved.
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BACKGROUND:
On March 4th, 1982, an application for site plan approval
was submitted by Beaucage Holdings Limited in respect of a
proposed expansion of the Strathaven Nursing Home, located
on King Street East in Bowmanville.
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Report No. : PD-56-82 . . ./2
The site is presently designated "Main Central Area" within
the Official Plans for the Bowmanville Urban Area and Durham
Region and the proposed expansion would conform therewith.
The lands are presently zoned "R-General Residential" by
Restricted Area (Zoning) By-law 1587, as amended, and a
nursing home located on King Street would not be a permitted
use. We note, however, that an application for minor
variance was submitted to the Committee of Adjustment, and
was approved on February 24th, 1982.
COMMENTS:
In accordance with Departmental procedure, staff have
circulated the subject application to various affected
Departments and external Agencies. However, in view of the
fact that there does not appear to be any significant
alterations to the existing site inasmuch as the proposed
expansion will involve the addition of a third floor to the
existing building, staff do not anticipate any adverse
comments.
We do note, however, that as a result of our preliminary
review, it would appear that there may be a need for a minor
variance relative to the provision of parking pursuant to
By-law 1587. Depending upon the final determination of
gross floor area, it would appear that the parking shortfall
would be in the area of seven or eight spaces, at the most.
Given the nature of the use staff would have no difficulty
in recommending approval of such a minor variance.
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Report No. : PD-56-82 . . ./3
* Based on the foregoing we have prepared the attached Site
Plan Agreement which, as with the proposal for G & D Elliott
Limited, would delegate approval of site plans to the
Director of Planning and Director of Public Works, upon
completion of the circulation. As with other site plan
agreements, adequate provisions have been included to allow
for every eventuality. As indicated in previous reports,
this approach to site plan approval significantly shortens
the turn-around time between application and issuance of
building permits.
Provided that the Committee and Council concur with staff's
* approach, it would be appropriate to approve the attached
by-law authorizing execution of the subject agreement.
Respectfully s�ubmi ttesl;
T. T. Edwards, M.C.I.P.
Director of Planning
TTE*mjc
March 25, 1982
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CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 82- 47
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being a By-law to authorize the entering into of an Agreement with f
Beaucage Holdings Limited.
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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
behalf of the Corporation of the Town of Newcastle, and seal with the
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Corporation's seal, an Agreement between Beaucage Holdings Limited
and the said Corporation dated the 25th day of February, 1982, in the
form attached hereto as Schedule
2. THAT Schedule 'T' 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
G. B. R AR ,
D. W. OAKES, CLERK
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SCHEDULE "X" to 8Y-LAW NUMBER 82-47 1 V 5U
DEVELOPMENT AGREEMENT MADI'.
� ( in (luintuPl irate) this
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day of / Cll� G <� 11)82
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B E T W E E N
BEAUCAGE HOLDINGS LIMITED
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hereinafter called the "OWNER"
OF THE FIRST PART
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Tf1_LC ORPORATION OF THE TOWN OF NEWCASTLE
hereinafter called the "TOWN"
OF THE SECOND PART
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 ruPrescntud to Lh(, 'Town that the
said lands are registered in the name of Beaucage Holdings
Limited which 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 the
existing nursing home 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 of)prove the said development
pursuant to the said By-law 79-151, Provided that the Owner
enter into this agruement with the Town;
AND WHEREAS the Owner warrants that the said lands are presently
connected to municipal water and sanitary
>;r'��r�r services from
the Highway Number 2 f r()nLage c,f Lhc� :grid lands.
NOW THEREFORE, in consideration of the mutual agreements and
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covenants hereinafter contained, the i,,,rties hereto agree as
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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 shall be approved by the Director of Planning and the
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Director 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,
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
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.
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.
(b) The Owner further agrees to remove garbage and other
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waste materials as often as may be required by the
Director of Public Works and the Fire Chief.
5. SNOW REMOVAL
The Owner agrees to remove all snow from access ramps,
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driveways, parking areas, loadinq areas and walkways within
twelve (12) hours of the cessation of any fall of snow.
6. GRADING AND DRAINAGE_
The Owner agrees to undertake the grading of and provide f
for at his cost the dispusaf of sLorm, surface and waste water
from the "said lands" and from any buildings.or structures j
thereon in accordance with Schedule "C".
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
1 from erecting or using any form of illumination which in the
opinion of the 'Down would cause any traffic hazard or would cause
a disturbance to residential uses adjacent to the "said lands" .
8. FENCING AND LANDSCAPING
The Owner ayrees to erect and maintain fences and plant
( and maintain trees, shrubs or other suitable ground cover in
accordance with Schedule "C", and to provide adequate landscaping
of the "said lands" and protection to adjoining lands.
9. SIDEWALKS
The Owner agrees to reconstruct or repair, to the Town' s
specification, a sidewalk alonq those portions of which abut
the "said lands" and which may require reconstruction or repair
as a result of the construction of the building and structures
to be erected on the "said lands".
10. APPROVAL OF PLANS AND SPEIF]CATIONS
The Owner agrees that the issuance of any building
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permit in respect of the "said lands" shall be prohibited
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until all plans and specifications required pursuant to this I
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Agreement have been approved by the Town.
11. REGISTRATION AND ENFORCEMENT
The Owner ayrees 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
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"t;aid funds" ,ind of t ho
Act and the Land Titles Act, R.S.O. 1979, as amended, against
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any and all subsequent owners of the "said lands". The
Owner further agrees to reimburse the Town for all reasonable j
costs associated with the registration of this agreement.
12. APPROVAL OF COST ESTIMATES
The Owner agrees that, prior to the issuance of any
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building permit for the building identified on Schedule "C"
! hereto, the estimated cost of construction and installation
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of the external works required by this Agreement, hereinafter
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called the "Works Cost Estimate" shall be approved by the Director
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of Public Works and annexed to this Agreement on Schedule "D" .
The said approved "Works Cost Estimate" shall be deemed
to 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"
her&to.
13. PERFORMANCE GUARANTEE REQUIRED
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(1) Prior to the issuance of any authorization
to commence work, the Owner shall provide the
Town with a "Performance Guarantee", in the 4
form of cash or an irrevocable letter of
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credit issued by a chartered Canadian Bank
in an amount equal to the "Works Cost
Estimate" . The "Performance Guarantee" may
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be used by the Town as set out in clause
14 in the event that the Owner fails to
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agreement in respect of the provisions of
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the specified works and facilities.
(2) All submi ;;sions made under clause (1) above,
shall be approved by the Treasurer of the Town.
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14 . USE OF PERFORMANCE GUARANTFF
The Owner agrees that the Town may, at any time,
by resolution of the Town 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 Town under
this Agreement by the due date of the invoice. of such costs.
15. BUILDING PERMIT
The Town agrees that upon the Owner complying with
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the provisions of this Agreement respecting approval of all
plans and specifications required herein, building permits
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will be issued in accordance with the plans subject to payment
of the usual permit fees 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
In the event a building permit has not been issued to
the Owner within the period of two (2) years hereinafter in
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this sentence referred to, the parties agree that the Town's
approval of the site plan and drawings referred to in paragraph
number 1 hereof shall lapse upon the expiry of two (2) years
from the date of the execution of this Agreement.
17. CONSTRUCTION COMMENCEMENT
The Owner agrees to commence construction of any
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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 C
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the insertion of headings are for convenience of reference only
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and shall not in any way affect the interpretation of this
Agreement.
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IN WITNESS WHEREOF the parties have hereto
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/ affixed their corporate ocala by the hands of their proper �
signing officers duly autho,izeu in that behalf.
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ozomEo, SEALED AND ooLzvonoo AGE HOLDINGS LIMITEd—
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this day February,
zuary,
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A.D. 1982 at ' '/�«/''^` ' '
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THE coupoxxTzow OF THE Towm |
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MAYOR
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1'lI1S 1S :iIIIliUULI: "A" lu Lhc Aqieemcnt. wl,ich I,au becu auLhoi1zed
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and approved by By-law No. of the Town of Newcastle,
enacted and passed the day of 198
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LEGAL DESCRIPTION OF SAID LANDS f
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ALL AND SINGULAR that certain parcel or tract of land
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and premises situate lying and being in the Town of Bowmanville,
in the County of Durham and being composed of part of Town Lot
Number Two as shown on the Plan of the Town of Bowmanville made
by C.G. Hanning, P.L.S. , dated the 30th day of June, 1869, I
which plan is in the Registry Office for the Registry Division of
the West Riding of the County of Durham, as a subdivision of
ia part of original Township Lot Number Nine in the lst Concession
of the Township of Dalington, in the County of Durham, and may be
described as follows:
PREMISING that the southern limit of said Lot Two and the
Northern boundary of King Street or Kingston Road is north 74
l degrees 59 minutes east and relating all bearings herein thereto,
then:
COMMENCING at a point in the southern limit of said lot two and
in the northern boundary of King Street or the Kingston Road
at a point distant easterly in the said northern boundary of
Kingston Road 477 feet 5j inches from the south west angle of
lot one according to the said C.G. Hanning Plan, which angle
is the point of intersection of the dividing line between
Township lots 9 and 10 with the said northern boundary of
Kingston Road;
THENCE north 12 degrees 54 minutes west a distance of 250 feet
l} inches;
THENCE south 74 degrees 59 minutes west a distance of 86 feet;
THENCE south 16 degrees 07 minutes west a distance of 250 feet;
THENCE north 74 degrees 59 minutes east a distance of 72 feet to
the point of commencement.
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T}1IS IS SCHEDULE. B to the Acireement which has been authorized
and approved by By-law No. of the Town of Newcastle
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enacted and passed the day. of 198 .
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AFFIDAVIT OF OWNERSHIP r
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I, RUTH BEAUCAGE, of the 'Down of Bowmanville, in the Province
of Ontario MAKE OATH AND SAY as follows:
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1. I am President of Beaucage Holdings Limited and as such
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have knowledge of the matters hereinafter refc!rned io.
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2, Beaucage Holdings Limited is the registered owner
in fee simple of the lands described in Schedule "A" hereto.
SWORN BEFORE ME at the )
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City of -rm n G )
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in the /lrci/i c/7u 1�l c ) /C c ✓1 —r' rr c .�.Y�- 1
keI11'/1 1,4 ti -r�rr �--
this )-.r& day of V(, !14<<rrti,/ ) RUTH BEAUCAGE )
A.D. 1982. )
A Commission r etc.
CARM TPAMONT02Zf,a Oommleeloner
for taking Affidavits,Provinoa of Ontario,
for MoMastar&Maighsn,
eardswe i"itottom
Ltpkaa Aprk 21*4 10
Cornmiaabo No.M13M
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THIS IS SCHEDULE "C" to the Agrr'cment which has been authorized
and appiuved by Hy I,iw No . td tllt, 'I'uw11 ul NI•wc''l:.t Ic, � 11•u'Lcrtl
and passed the day of 198
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THIS IS SCHEDULE "D" to the Agreement which has been authorized
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and approved by By-law No. of the Town of Newcastle,
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enacted and passed the day of 198 .
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WORKS COST ESTIMATE
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