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HomeMy WebLinkAboutP-155-81 0. 0�i,2. CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH, M.C.I.P.,Director HAMPTON, ONTARIO LOB UO TEL. (416)263-2231 REPORT TO PLANNING AND DEVELOPMENT COMMITTEE MEETING OF SEPTEMBER 14, 1981. REPORT NO. : P-155-81 SUBJECT: Proposed Site Plan Agreement, Brenfrey Properties (Trahor Ltd.) , Part of Lot 10, Concession 1, former Town of Bowmanville. RECOMMENDATIONS• Is respectfully recommended that the Planning and Develop- ment Committee recommend to Council the following: 1. That Report P-155-81 be received; and 2. That the attached Site Plan Agreement be executed; and 3. That 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 September 21, 1981. BACKGROUND: The subject application for Site Plan approval was received by staff on June 30th. , 1981. The applicant,Brenfrey Properties, is proposing to re-develop the former MacDonald Ford site located on King Street in Bowmanville for the purposes of a retail Commercial Plaza. u, U P - 2 - The site is zoned 'C' Commercial by restricted area (zoning) By-law No. 1587, as amended, and the proposal conforms therewith. COMMENTS In accordance with the Department's procedures, the subject application was circulated to members of the Town's Site Plan Committee and various other affected agencies for comments. As a result of our circulation a number of concerns were identified relative to vehicular and pedestrian access, emergency access, landscaping and storm drainage. These concerns were discussed with the applicants and revisions to the Site Plan agreed upon. Among these were the provision of a storm sewer along St. George St, improved emergency access, the provision of side walks along the King and St. George Street frontages and increased landscaping to include the boulevards. The attached agreement has been signed by the applicants and it would now be appropriate to forward this agreement to Council for execution provided the Committee is satisfied with the terms and conditions of same. Respectfully submitted, D. N. Smith, M.C.I.P., Director of Planning. TTE/cc August 19, 1981 e DEVELOPMENT AGREEMENT MADE (in quintuplicate) this 1,� '.t�A day of � A.D. 1981- B E T W E E N TRAHOR LIMITED, 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 affect 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 McQueen Motors Ltd. although the Trahor Limited 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 retail commercial 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 the 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 pro- vision of services from the St. George Street frontage - -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: Ahhexed hereto and marked as Schedule "C" is a site plan showing the size; idcationj elevation and exterior architectural design of the building which the Owner proposes to erect on the "said lands", which is hereby approved by the Town. 0 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" 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 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, drive- ways, 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 ldndat+ 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 "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 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 main- tain, trees, shrubs or other suitable ground cover in accordance with plans and specifications to be approved by the Director of Public Works and the Director of Planning to provide adequate landscaping of the "said lands" and protection to adjoining lands. 9. SIDEWALKS, CURBS AND GUTTERS The Owner agrees to construct or repair, to the Town's specifications a sidewalk along those portions of St. George Street and King Street which abut the "said lands" and which may require construction or repair as a result of the construction of the building and structures to be erected on the "said lands". The Owner further agrees to construct or reconstruct, to the Town's specifications, curbs and gutters along those portions of St. George Street and King Street, which abut the "said lands" which may require construction, reconstruction or repair as a result of the redevelopment of the "said lands". 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. 11. 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 Titles Act R.S.O. 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 the date of execution hereof. 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 0 - 4 - 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. 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 the Town of Newcastle as set out in clause 19 in the event that the Owner fails to satisfactorily meet the requirements of 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 of Newcastle. 14. 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. 15. 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 4 plans comply with the Ontario Building Code and such other Municipal By-laws as may be relevant. o � + - 5 - 16. 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 shall lapse upon the expiry of two years from the date of the registration 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 corporate seals by the hands of their proper signing officers duly authorized in that behalf. TRAHOR LIMITED Per: Per: THE CORPORATION OF THE TOWN OF NEWCASTLE Per: MAYOR Per: CLERK