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HomeMy WebLinkAboutP-138-81 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 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF JULY 20, 1981. REPORT NO. : P-138-81 SUBJECT: Proposed Site Plan Agreement - Graham Rubber Company Limited, Part of Lot 8, Broken Front Concession, Bowmanville -- Our File: S-P-2-23 RECOMMENDATIONS• It is respectfully recommended that the Planning and Develop- ment Committee recomend to Council the following: 1. That Report P-138-81 be received; and 2. That the attached draft Site Plan Agreement between the Town and Graham Rubber Company Limited be approved in principle and the Director of Planning and the Director of Public Workstauthorizedtcd approve the subject Site Plan; at such time as they are satisfied with same; and 3. The Clerk be directed to prepare a By-law for the purpose of authorizing the execution of the attached Site Plan Agreement for submission to and consideration by Council at its meeting of July 27, 1981. �1� _ 2 _ BACKGROUND: On July 8, 1981 staff received the above-noted application for Site Plan approval. The subject site is located within the Marwood Industrial Subdivision and fronts on Caristrap Street and is comprised of Part 22 of Reference Plan 1OR--750. The applicant is proposing the construction of an industrial building totalling 912 square metres. The site is zoned for industrial uses by Special Condition 7 to By-law 1587, as amended. COMMENTS: In accordance with the Department's procedures, this application is presently in circulation to affected agencies and departments for com- ments. A preliminary review of the submitted Site Plan does not indicate any major problems, however, final approval of the submitted plans must await completion of the circulation. It is anticipated that the circu- lation will be complete by the end of July. However, owing to the fact that Council has suspended all meetings for the month of August, this matter would not be dealt with until, at least, September 14th. Owing to the nature of the proposed development and the fact that the Department's Work Program places a priority upon the processing of industrial applications and the fact that the applicant is under a time constraint caused by an August 31st expiration of the lease for his present facilities, staff are proposing that the subject application be considered by the Committee at this time and that the attached draft Site Plan Agreement be approved in principle pending completion of our staff circulation; that the Directors of Planning and Public Works be authorized to give final approval to the Site Plan and that the Clerk be directed to prepare a By-law for the purposes A of authorizing the execution of the final Site Plan Agreement for submission to and consideration by Council at its meeting of July 27, 1981. This suggested course of action would permit staff to continue processing the subject application and to approve the subject Site Plans and permit the Mayor and Clerk to execute the final Site Plan Agreement without the necessity of calling a special meeting of Planning Committee and Council during the month of August. This would also facilitate the early issuance of building permits and commencement of this project within the time constraints upon the applicant. Respec.tfuiii_s bmi-ttod, 4 TTE:lb D. N. Smith, M.C.I.P. July 13, 1981 ,}` Director of Planning DEVELOPMENT AGREEMENT MADE (in quintuplicate) this day of A.D. 1981. B E T W E E N GRAHAM RUBBER COMPANY LTD. hereinafter called the "Owner" OF THE FIRST PART - A N D - 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 are 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 Graham Rubber Company Ltd. although the 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 industrial building 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 pur- suant to thq said By-law 79-151 provided that the Owner enter into this Agreement with the Town; AND WHEREAS the Owner warrants that it has entered, or will enter into an Agreement with the Corporation of the Region of Durham, for the provision of services from Caristrap Street with the approval of the Director of Public Works of the Town of Newcastle; 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. - 2 - 2. The Owner agrees that no buildings or structures, other than 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 building 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". 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 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, driveways, parking areas, loading areas and walkways within twelve 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 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 the Public Utilities Commission having jurisdiction 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 - 3 - 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. 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. 10. REGISTRATION AND ENFORCEMENT The Owner agrees to 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 pro- visions of the Registry Act a.4d the Land Titles Act, R. S. 0. 1979, as amended, against any and all subsequent owners of the "said lands". The Owner further agrees to provide the Town with a registered copy of this Agreement within thirty (30) days of execution. 11. APPROVAL OF COST ESTIMATES The Owner agrees that, prior to the issuance of any building permit for- the building identified on Schedule "D" hereto, the 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 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. 12. 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 t"- Town of Newcastle as set out - 4 - in clause 18 in the event that the Owner fails to satis- factorily meet the requirements of this agreement in respect of the provision of the specified works and facilities. (2) All submissions made under clause (1) above, shall be approved by the Treasurer of the Town of Newcastle. 13. USE OF PERFORMANCE GUARANTEE The Owner agrees that the Municipality may at any time, by resolution of Municipal 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 Municipality under this Agreement by the due date of the invoice of such costs. 14. BUILDING PERMIT The Town agrees that upon the Owner complying with the provisions of this Agreement respecting approval of all plans and specifications re- quired herein, building permits 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. 15. LAPSE 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 shalllapse upon the expiry of two years from the date of the -registration of this Agreement. 16. CONSTRUCTION COMMENCEMENT The Owner agrees to commence construction of any building or buildings for which a permit may be issued under Paragraph 14 hereof as soon as is reasonably practicable following the issuance of any such permit. 17. INTERPRETATION NOT AFFECTED BY HEADINGS 'The division of this Agreement into paragraphs and the inser- tion of headings are for convenience of reference only and shall not in any way affect the interpretation of this Agreement. - 5 - 18. This Agreement shall enure to the benefit of and shall be binding upon the parties hereto and their respective successors or assigns. IN WITNESS WHEREOF the parties have hereto affixed their cor- porate seals by the hands of their proper signing officers duly author- ized in that behalf. GRAHAM RUBBER COMPANY LTD. Per: Per: THE CORPORATION OF THE TOWN OF NEWCASTLE Per: ) MAYOR Per: CLERK �j 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 D - Works Cost Estimate THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been author- ized and approved by By-law No. of the Town of Newcastle, enacted and passed the day of 1981. LEGAL DESCRIPTION OF SAID LANDS ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being composed of Part of Lot 8, Broken Front Concession, former Town of Bowmanville, now within the limits of the Town of Newcastle, Regional Municipality of Durham and more particularly designated as Part 22 on a Reference Plan of Survey deposited at the Land Registry Office for the Land Registry Division of Newcastle (No. 10) as Plan 1OR-750. IN,_W,ITNESS WHEREOF the parties have hereto affixed their corporate seals by the hands of their proper signing officers duly authorized in that behalf. GRAHAM RUBBER COMPANY LTD. Per: Per: THE CORPORATION OF THE TOWN OF NEWCASTLE Per: MAYOR Per: CLERK �4(9 THIS SCHEDULE IS SCHEDULE "B" to the Agreement which has been author- ized and approved by By—law No. of the Town of Newcastle, enacted and passed the day of , 1981. AFFIDAVIT OF OWNERSHIP (to be provided by Owner) THIS SCHEDULE 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 1981. (TO BE TYPED ON PLANS) IN WITNESS WHEREOF the parties have hereto affixed their corporate seals by the hands of their proper signing officers duly authorized in that behalf. } GRAHAM RUBBER COMPANY LTD. Per: } } Per: THE CORPORATION OF THE TOWN OF NEWCASTLE } Per: } } MAYOR } Per: CLERK THIS SCHEDULE IS SCHEDULE "D" to the Agreement which has been author- ized and approved by By-law No. of the Town of Newcastle, enacted and passed the day of , 1981. WORKS COST ESTIMATE (to be determined through review) IN WITNESS WHEREOF the parties have hereto affixed their corporate seals by the hands of their proper signing officers duly authorized in that behalf. GRAHAM RUBBER COMPANY LTD. Per: Per: THE CORPORATION OF THE TOWN OF NEWCASTLE Per: MAYOR Per: CLERK GRAHAM RUBBER COMPANY LTD. - AND - THE CORPORATION OF THE TOWN OF NEWCASTLE DEVELOPMENT AGREEMENT a