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HomeMy WebLinkAboutPD-190-81 ,t " REPORT #2 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH, M.C.I.P.,Director HAMPTON, ONTARIO LOB 1,10 TEL. (416)263-2231 REPORT TO THE COUNCIL MEETING OF NOVEMBER 30TH., 1981. REPORT NO. : PD-190-81 SUBJECT: Proposed Site Plan Agreement, Newcastle Cement Block Co. Limited, Part Lot 25, Conc. 2 former Village of Newcastle. Our file: S-P-3-12 Recommendations: It is respectfully recommended that:- 1. Report PD-190-81 be received; and 2. The attached Site Plan Agreement be approved for execution; and 3. The attached By-law authorizing execution of the aforesaid Site Plan Agreement be passed. Background: The subject application for Site Plan Approval was received by staff on September 23, 1981. The applicant, Newcastle Cement Block Co. Limited is proposing to construct an addition to their existing industrial building located on Highway # 2 in the Newcastle Village Small Urban Area. The site is designated "Industrial" by the Durham Regional Plan and the Draft Urban Area Plan for the Newcastle Village Urban Area. The subject lands are designated "M 2" Industrial by Restricted Area By-law 79-44. The proposed addition conforms with both the Official Plans and the Restricted Area(Zoning) By-law. lk d Report No. : PD-190-81 page 2 Comments: In accordance with the department's procedure; 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 there were no objections received relative to the proposed addition. Staff have prepared a Draft Site Plan Agreement, which has been reviewed and signed by the applicant and it would now be appropriate for Council to approve the execution of the subject Agreement, provided that Council is satisfied with the terms and conditions of same. RespectfuIjy sub tted, T.T. Edwards, M.C.I.P., TTE:cc Deputy Director of Planning. DEVELOPMENT AGREEMENT MADE (in quintuplicate) this day of A.D. 193 . B E T W E E N: NEWCASTLE CEMENT BLOCK CO. 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 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 Newcastle Cement Block Co. 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 industrial building 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 approve the said development pursuant to the said By-law 79-151, provided that the Owner enter into this Agree- ment with the Town; AND WEEREAS the Owner acknowledges that the lands are not presently serviced by a municipal sewer or water system and that the buildings or structures to be erected shall be serviced by a private water supply and 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 is hereby approved by the Town. - 2 - 2. The Owner agrees that no buildings or structures, other than the building shown on Schudule "C" shall be erected on the "said lands" and further, that in the construction of the proposed addition 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 (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 lands" and from any buildings or structures thereon in accordance with Schedule "C". 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". 3. 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. SIDEWALKS Not Applicable 10. APPROVAL OF PLANS AND SPECIFICATIOidL, 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 and this Agreement has been registered pursuant to Paragraph 11 hereof. 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 reimburse the Town for all reasonable costs associated with the registration of this agreement. 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 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". - 4 - 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 building permits, 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 Vorks 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 plans comply with the Ontario Building Code and such other Municipal By- laws as may be relevant. - 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 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 Agree- ment. 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 hands and seals and/or corporate seals by the hands of their proper signing officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) in the presence of: ) THE CORPORATION OF THE TOWN OF NEWCASTLE Per: MAYOR Per: CLERK LIST OF SCHEDULES A - Legal Description of Said Lands B - Affidavit of Ownership C - Site Plan including: Location of Building Landscaping and Fencing Floodlighting Grading and Drainage D - Works Cost Estimate 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 1981. LEGAL DESCRIPTION OF SAID LANDS ALL AATD 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 25 in the Second Concession of the former Village of Newcastle (Geographic Township of Clarke, former County of Durham) more particularly described as follows: PREMISING that the northerly limit of Highway No. 2 as widened has a bearing of north 72 degrees 05 minutes 30 seconds east and relating all bearings herein, thereto; COMMENCING at an iron bar planted in the northerly limit of the said Highway as widened and being distant 892 feet 10 inches measured westerly in and along the said limit from the south east angle of the said Lot 25; THENCE south 72 degrees 05 minutes 30 seconds west 25 feet to an iron bar; THENCE north 14 degrees 51 minutes 30 seconds west 522 feet 3 inches to an iron tube; THENCE north 75 degrees 05 minutes 30 seconds east 187 feet 1 inch to an iron tube; THENCE south 67 degrees 36 minutes 30 seconds east 124 feet 3 inches to an iron bar; THENCE south 17 degrees 54 minutes 30 seconds east 274 feet 62 inches more or less to an iron tube planted in a fence marking the existing northerly limit of the Knox property; THENCE south 71 degrees 58 minutes 30 seconds west in and along the said fence 275 feet 0 inches to an iron bar planted at the north west angle of the said fence; THENCE south 14 degrees 51 minutes 30 seconds east 156 feet 22 inches to the point of commencement. TOGETHER with an easement for the purpose of obtaining water, the said ease- ment being a, strip of land 4 feet in width lying 2 feet on either side of the centre line which is more particularly described as follows: 2 - COMMENCING at a point in the easterly limit of the previously described lands being distant 184 feet from the south east angle of the said lands; THENCE south 83 degrees 35 minutes east along the said centre line 222 feet to a point; THENCE north 10 degrees 35 minutes east 58 feet to a point at the westerly edge of a creek. Save and except that portion of Lot 25, Concession 2 in the former Village of Newcastle (Geographic Township of Clarke, former County of Durham) designated as Part 3 on a Reference Plan deposited in the Registry Office for the Registry Division of Newcastle, No. 10, (formerly registry Division of Durham) as Plan R.D. 40 (Department of Highways Plan P-2001-39), SECONDLY Secondly, part of Lot 25, Concession 2, former Village of Newcastle (Geographic Township of Clarke, former County of Durham) described as follows: PREMISING that the North 72 degrees 25 minutes 30 seconds East of the North limit of King's Highway No. 2, according to Plan R.D.-40, govern all bearings mentioned hereafter; COMMENCING at the Norht West angle of Part 3 as shown on said Plan R.D.-40 which point is distant 17.40 feet measured North 14 degrees 25 minutes 30 seconds West from a point in the North limit of King's Highway No. 2 as shown on Deposited Plan No. 904 (hwys.) distant 917.83 feet measured South 72 degrees 05 minutes 30 seconds West therein from the intersection of the said limit with the East limit of Lot 25; THENCE South 72 degrees 25 minutes 30 seconds West along the North limit of Part 4 as shown on Plan R.D.-40 a distance of 39.00 feet; THENCE North 14 degrees 25 minutes 30 seconds West a distance of 132.37 feet to a point; THENCE North 72 degrees 05 minutes 30 seconds East a distance of 39.01 feet to a point; THENCE South 14 degrees 05 minutes 30 seconds East a distance of 132.60 feet to a Point of Commencement. THIRDLY: Thirdly, part of Lot 25, Concession 2 former Village of Newcastle (Geo- graphic Township of Clarke, former County of Durham) described as follows: 3 - COMMENCING at a point in the southerly limit of said Lot 25 where the same is intersected by the south westerly boundary of the lands of The Campbellford, Lake Ontario and Western Railway Company as shown on a plan attached to a convey- ance to the said Railway Company from one Thomas Gibson bearing date the 10th, day of October 1ei4 and registered in the Registry Office for the Registry Division of the West Riding of the County of Durham on the 10th day of October 1914 as Number 1628, for the Village of Newcastle; said point being distant 164 feet 6 inches measured westerly along the southerly limit of said Lot 25 from the south east angle thereof; THENCE Westerly along the southerly limit of said Lot 25, 707 feet 6 inches; THENCE Northerly at right angles to the said southern limit of said Lot 25, 154 feet; THENCE Easterly parallel to the southerly limit of said Lot 25, 592 feet more or less to the said south-westerly boundary of the lands of the Cambellford, Lake Ontario and Western Railway Company; THENCE south- easterly on a curve to the right having a radius of 1800.1 feet and following the said boundary of the lands of The Campbellford, Lake Ontario and Western Railway Company, 183 feet more or less to the place of beginning. SAVE AND EXCEPT the lands taken by the Department of Highways, Province of Ontario for road widening; said lands designated as PART # 8 on R.D. Plan # 50 deposited in Registry Office for Registry Division of West Riding, County of Durham (Department of Highways Plan - P-2001-43. IN WITNESS THEREOF the parties have hereto affixed their corporate seals by the hands of their proper signing officers duly authorized in that behalf. Per: Per: THE CORPORATION OF THE TOWN OF NEWCASTLE Per ) MAYOR Per: ) CLERK THIS SCHEDULE IS SCHEDULE "B" 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 . AFFIDAVIT OF OWNERSHIP (to. be provided by Owner) I, Lambertus De Bruin, of the Town of Newcastle, in the Regional Municipality of Durham, am President of Newcastle Cement Block Co. Limited and, as such, have knowledge of the matters herein desposed to. Newcastle Cement Block Co. Limited is the registered owners of the lands described by Schedule "A" to this Agreement. DECLARED before me at the ) Town of Newcastle, in the ) Regional Municipality of ) Durham this day ) of 1981. Lambertus DeBruin A Commissioner etc. ) THIS SCHEDULE 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 , 198 WORKS COST ESTIMATE (NIL) IN WITNESS WHEREOF the parties have hereto affixed their corporate seals by the hands of their proper signing officers duly authorized in that behalf. Per: Per: THE CORPORATION OF THE TOWN OF NEWCASTLE Per: MAYOR Per: CLERK NEWCASTLE CEMENT BLOCK CO. LIMITED - A N D - THE CORPORATION OF THE TOWN OF NEWCASTLE. DEVELOPMENT AGREEMENT