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HomeMy WebLinkAboutPD-65-82 4 �u la CORPORATION OF THE TOWN OF NEWCASTLE j PLANNING AND DEVELOPMENT DEPARTMENT HAMPTON, ONTARIO LOB 1 JO TEL. (416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF APRIL 19, 1982 REPORT NO. : PD-65-82 I i SUBJECT: APPLICATION FOR SITE PLAN APPROVAL j THE ROMAN CATHOLIC EPISCOPAL CORPORATION ST. THERESA'S CHURCH AND RECTORY PART OF LOT 29, CONCESSION 3, DARLINGTON OUR FILE: S-P-1-20 I RECOMMENDATION: I It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-65-82 be received; and * 2. That the attached Site Plan Agreement between the Town of Newcastle and the Roman Catholic Episcopal Corporation be approved; and * 3. That the attached By-law authorizing execution of an agreement between the Corporation of the Town of Newcastle and the Roman Catholic j i Episcopal Corporation be approved. I I -Z-&A Report No. : PD-65-82 . . ./2 BACKGROUND: On February 24, 1982, an application for site plan approval was submitted by the Roman Catholic Episcopal Corporation for the proposed construction of St. Theresa's Church and Rectory to be located in Part of Lot 29, Concession 3, former Township of Darlington. The site is designated "Major Open Space" by the Region of Durham Official Plan and "Agricultural " by the former Township of Darlington Official Plan. The intended use of the subject lands as a church and rectory would not conflict with the policies of the Official Plans. The subject lands are presently zoned "A-Agricultural " by Restricted Area (Zoning) By-law 1587, as amended. Institutional uses such as churches are permitted under this zoning classification. COMMENTS: In accordance with Departmental procedures, staff have circulated the subject application to various departments and agencies affected by such a proposal . Staff's review of the comments received indicated that there were no objections to the proposal and, in staff's opinion, there would be no adverse effects upon abutting lands. In reviewing the submitted site plans staff note that there may be minor changes as a result of the final location of the well and septic system and building design. However, this will not have an affect on the overall site development as there is site area to accommodate these systems. Report No. : PD-65-82 . . ./3 Based on the foregoing, staff would have no objection to the approval of this application, and, have prepared the attached Site Plan Agreement which would delegate the approval of this site plan to the Director of Planning and the Director of Public Works at such time as all details are finalized. We note that adequate provisions have been included in the site plan agreement to ensure fulfillment of all requirements of the Town. Provided that the General Purpose and Administration Committee and Council concur with staff's recommendation, it would be appropriate to approve the attached by-law authorizing the execution of the subject agreement. Respectfu11ysub)mi tted, r �'° �'(''J'4`=�'..-^G-,Z..ems°•'-b..,..�,'/� T. T. Edwards, M.C.I .P. Director of Planning EP*TTE*mjc Apri 1 ,6, 1982 i THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 82- 55 being a By-law to authorize the entering into of an Agreement with the Roman Catholic Episcopal Corporation. The Council of the Corporation of the Town of Newcastle i astle 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 Corporation's seal, an Agreement between the Roman Catholic Episcopal Corporation and the said Corporation dated the day of , 1982, in the form attached hereto as Schedule "V. 2. THAT Schedule "X" attached hereto forms part of this by-law. BY-LAW read a first time this 26 day of April 1982 BY-LAW read a second time this 26 day of April 198E pj BY-LAW read a third time and finally passed this 26 day of i April 1982 r I i D. W. OAKES, CLERK i i i I 1 I f k � `' s SCHEDULE 'X' to By-law 82-55 DEVELOPMENT AGREEMENT MADE (in quintuplicate) this day of 1982 BETWEEN: r i ROMAN CATHOLIC EPISCOPAL CORPORATION I 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, 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 the Roman Cathoic Episcopal Corporation 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 a church and rectory on the said lands; and has requested the Town to approve the said development pursuant to the provisions of By-law 79-151; i ( - 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 lands will not be serviced by a municipal sewer or water system and 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. NOW THEREFORE, in consideration of the mutual agreements and covenants hereinafter contained, the parties hereto agree as follows: 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 Director of Public Works. � r tii � F i 2. The Owner agrees that no buildings or structures, other than the building shown on Schedule "C" shall be erected on the "said j 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". 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 I 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 I and waste storage facilities as may be required by the I i 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 j Director of Public Works and the Fire Chief. t 5, SNOW REMOVAL The Owner agrees to remove all snow from access ramps, �. � driveways, parking areas, loading 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 for !. at his cost the disposal of storm, surface and waste water from the said lands" and from any buildings or structures thereon in accordance with plans and specifications to be approved by the Director of Public Works and annexed to this agreement as a portion of Schedule j 3 iii 3' A _ 3 _ 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 or using any form of illumination which in the opinion of the Town -' 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 with Schedule "C", to provide adequate landscaping of the "said lands" and protection to adjoining lands. 9. WALKWAYS I The Owner agrees to provide pedestrian access to the buildings, in accordance with Schedule "C". i 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. U. 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 subject to the provisions of the Registry Act and the Land i Titles Act R.S.O. 1979, as amended, against any and all subsequent i owners of the "said lands", The Owner further agrees to reimburse the Town for all reasonable legal fees associated with undertaking j the registration of this agreement. i 12. APPROVAL OF COST ESTIMATES I The Owner agrees that, prior to the issuance of any building i permit for the building identified on Schedule "C" hereto, the 7 1 i t { "t i i 4 - estimated cost of construction and installation of the external works required by this Agreement, hereinafter called the "Works Cost Estimate" shall be approved by the Director of Public Works and i 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" 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 Bank in an amount equal to the "Works Cost Estimate". The "Performance Guarantee" may be used by I i the Town as set out in clause 14 in the event that the Owner fails to satisfactorily meet the requirements of i this agreement in respect of the provisions of the specified works and facilities. (2) All submissions made under clause (1) above, shall be approved by the Treasurer of the Town. 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 payable by the Owner to I the Town under this Agreement by the due date of the invoice of such costs. l 15. BUILDING PERMIT i 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 wilb 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. ? 1 } 3 , 3 1 - 5 - 16. LAPSL OF APPROVAL In the event a building permit has not been issued to the Owner within the period of two years hereinafter in 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 years from the date of the execution of this Agreement. 17. CONSTRUCTION COMMENCEMENT 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 K corporate seals by the hands of their proper signing officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) ROMAN CATHOLIC EPISCOPAL CORPORATION ) ) ) ) THE CORPORATION OF THE TOWN OF NEWCASTLE MAM- 1 I i ' s t I ' � rl f � 1' 3 LIST OF SCHEDULES { A - Legal Description of Said Lands B - Affidavit of Ownership C - Site Plan including: Location of Buildings Landscaping and Fencing Floodlighting Grading and Drainage i l D - Works Cost Estimate - i I i I i i i y l 1! i THIS 1S SCHEDULE "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, situate, lying and being in the Town of Newcastle in the Regional Municipality of Durham , more particularly described as follows: FIRSTLY: Firstly, part of Lot 29, Concession 3, in the former Geographic Township of Darlington, now in the Town of Newcastle, in the Regional jMunicpality of Durham, and being more particularly described in registered Instrument No. 101105 for the Registry Division of Newcastle, No. 10. 1 I 1� r. IN WITNESS WHEREOF the parties have hereto affixed their corporate seals by the hands of their proper sign ng officers duly authorized In that behalf. )ROMA CATHOLIC EPISCOPAL CORPORATION ) THE CORPORATION OF THE TOWN OF NEWCASTLE MAYOR CLERK ) ) R r p t t r 1 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 1982. AFFIDAVIT OF OWNERSHIP (to be provided by Owner) i ( i i i i . i THIS IS SCHEDULE "C" 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, e i i t IN WITNESS WHEREOF the parties have hereto affixed their corporate seals by the hands of their proper signing officers duly authorized in that behalf. 0 )ROMAN CATHOLIC EPISCOPAL CORPORATION ) ) THE CORPORATION OF THE TOWN OF NEWCASTLE MAYOR CLERK ii I { 1 S 1. St 7 1 1 THIS IS SCHEDULE "D" to the Agreement which has been authorized and ` approved by 0y-law No. of the town of Newcastle, enacted and passed the day of 1902. WORKS COST ESTIMATE (to be determined) 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. )ROMAN CATHOLIC EPISCOPAL CORPORATION THE CORPORATION OF THE TOWN OF NEWCASTLE MAYOR CL j 3, i S ; t