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HomeMy WebLinkAboutP-165-81 � e« 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 SEPTEMBER 28/81. REPORT NO: P-165-81 SUBJECT: Application for Site Plan Approval L & L Tool Ltd. Part of Lot 10, Broken Front Concession Bowmanville. Our File: S-P-2-26 RECOMMENDATION: It is respectfully recommended that the Planning and Development Committee recommend to Council the following:- 1) That Report P-165-81 be received; and that 2) The attached site plan agreement between the Town of Newcastle and L. & L. Tool Ltd. be executed; and that 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 October 5th, 1981. BACKGROUND: The subject application for site plan approval was received by staff on August 19, 1981. The applicant Mr. J. Locke of L. & L. Tool Ltd. , is proposing the construction of a 929 sq. metre (10,003 sq. ft.) addition to his existing industrial building located on the west side of Simpson Avenue, south of Baseline Road, in Bowmanville. The site consists of approximately 0.55 ha (1.4 ac.) and presently contains a 1263 sq. metre (13,600 sq. ft.) industrial building. ``a - 2 - COMIENTS In accordance with the Department's procedures, the application was circulated to members of the Town's Site Plan Committee and various other affected agencies for review and comment. As a result of our circulation there were a number of minor concerns identified relative to access and surface drainage. These have been addressed through the terms of the attached site plan agreement which has been reviewed and signed by the applicant. It would now be appropriate to forward this agreement to Council for execution. Respectfu Su d, D.N. Smith, M.C.I.P. Director of Planning TTE:lf September 18, 1981. DEVELOPMENT AGREEMENT MADE (in quintuplicate) this day of A.D. 198 . B E T W E E N L & L TOOL 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 WHERAS 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 L & L Tool 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 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 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 existing service connections or has entered, or will enter into an Agreement with the Corporation of the Region of Durham, for the provision of services from the Simpson Avenue 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• 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 is hereby approved by the Town. V - 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". 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 The Owner agrees to provide and maintain enclosed garbage and waste storage facilities as shown on Schedule "C". 5. SNOW REMOVAL Th.e Owner agrees to remove, when necessary for safety, all snow from access ramps, driveways and parking areas. 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. FENCING AND LANDSCAPING The Owner agrees to provide adequate landscaping of the "said lands" and to provide protection to adjoining lands in accordance with Schedule "C". 8. 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 sPecifica ions required pursuant to this Agreement have been approved by the Town. - 3 - 9. REGISTRATION AND ENFORCEMENT The Owner agrees that the Town may, within 30 days prior to the sale of the "said lands" to any and all subsequent owners/purchasers, 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 Lands Titles Act R.S.O. 1979, as amended. 10. BUILDING PERMIT 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 will be issued in accordance with the plans subject to payment of the usual permit fee 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. 11. 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 re- ferred 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. 12. CONSTRUCTION COMMENCEMENT The Owner agrees to commence construction of any building or buildings for which a permit may be issued under Paragraph 10 hereof as soon as is reasonably practicable following the issuance of any such permit. tv - 4 - IN WITNESS WHEREOF the parties have hereto affixed their corporate seals by the hands of their proper signing officers duly authorized in that behalf. L & L TOOL LIMITED Per: Per: THE CORPORATION OF THE TOWN OF NEWCASTLE Per: ) Mayor Per: Clerk I LIST OF SCHEDULES A - Legal Description of said lands B - Affidavit of Ownership C - Site Plan including: Location of buildings Landscaping Grading and drainage THIS SCHEDULE IS 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 198 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, Regional Municipality of Durham, Province of Ontario, and being composed of Part of Lot Ten (10) in the Broken Front Concession of the former Town of Bowmanville, containing by admeasurement 1.376 acres, be the same more or less, the said parcel being more particularly described as follows; COMMENCING at a point in the Westerly limit of Simpson Avenue distant 308 feet 11 inches measured South 19 degrees 54 minutes East therein from the Northerly limit of said Lot 10; THENCE South 19 degrees 54 minutes East along the Westerly limit of Simpson Avenue a distance of 278 feet to a point; THENCE South 79 degrees 36 minutes 48 seconds West a distance of 230 feet to a point; THENCE North 19 degrees 54 minutes West a distance of 250 feet 4 inches more or less to the point of intersection with a line drawn on a course of South 72 degrees 42 minutes 45 seconds West through the point of commencement; THENCE North 72 degrees 42 minutes 45 seconds East a distance of 227 feet 0 7/8 inches more or less to the POINT OF COMMENCEMENT. IN WITNESS WHEREOF the parties have hereto affixed their corporate seals by the hands of their proper signing officers duly authorized in that behalf. L & L TOOL LIMITED Per: Per: THE CORPORATION OF THE TOWN OF NEWCASTLE Per: } Mayor Per: Clerk Form No- !X Statutory Declaration SCHEDULE 11B". UNITED STATIONERY CO. LIMITED, LEGAL FORM DEPT. ` 30 PRODUCTION DRIVE.SCARBOROUGH �dAbd tie aver of the title to Part of original PROVINCE OF ONTARIO ITownsh O p o 0, Broken Front Concession of the former Town of Bowmanville , County of Durham, now within he limits of the Town of Newcastle, Regional Munici- Regional pality of Durham, more particularly described in Municipality of instrument No. 96117 with other lands . Durham TO WIT: I Jack Locke of the Town of Newcastle in the Regional Municipality of Durham DO SOLEMNLY DECLARE THAT 1 . I am the President of L & L Tool Limited and as such have knowledge of the matters herein deposed to. 2 . L & L Tool Limited is the registered owner of the above- mentioned property having received a conveyance thereof on December 29th, 1967 , by instrument No . N35282 with other lands and by instrument No. 60592 , registered July 5 , 1967 subject to an easement to the Corporation of the Town of Bowmanville , now Corporation of the Town of Newcastle . AND I make this solemn Declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath, and by virtue of "The Canada Evidence Act." DECLARED before me at the Town Of Newcastle in the Regional Municipality of Durham Ja Locke this/ day of 19 81 . �i i Affida0ts, unq Ba,n<fer5 etovlt70®0/Ontario, to(Str;ka R cfriLp