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HomeMy WebLinkAbout04 008 site plan cottrill '. e e e THE CORPORATION OF THE MUNICIPALITY OF KINC INE BY-LAW NO. 2004 - 08 BEING A BY -LAW TO AUTHORIZE THE SIGNING OF A SITE P WITH ROBERT AND LILLIAN COTTRILL AGREEMENT WHEREAS the Ontario Planning Act, R.S.O. 1990, P. 13, S municipalities to enter into Site Plan Agreements; AND WHEREAS the Council for the Municipality of Kincardine enter into a Site Plan Agreement with Robert and Lillian Cottrill; NOW THEREFORE the Council for the Municipality of Kincardine NACTS as follows: 1. That the Municipality of Kincardine enter into a Site Plan A reement with Robert and Lillian Cottrill to ensure appropriate development of tho e lands described as Part of Lot "A", Concession A, being Part 1 on Reference Pan 3R-3914 and Part of Lot "A", Concession "A", being Part 2 on Reference Plan R-2340, in the Town of Kincardine, (now Municipality of Kincardine), in the Co nty of Bruce, known municipally as 252 Saratoga Road, and being more pa icularly described in Schedule "A" of the attached Site Plan Agreement. 2. That the Mayor and Chief Administrative Officer be authori ed to sign, on behalf of the Municipality of Kincardine the agreement with Rob rt and Lillian Cottrill, which is attached to this By-law. 3. This By-law takes effect upon final approval of Muni ipality of Kincardine Committee of Adjustment Application A-38/03.22, a Mino Variance application for Robert Cottrill, Part of Lot A, Bruce Avenue sls, Con ssion A (being Part 2 on RP 3R-2340), known municipally as 252 Saratoga ad (former Town of Kincardine), Municipality of Kincardine, pursuant to the pro isions of the Planning Act, 1990. 4. This By-law may be cited as the "252 Saratoga Ro (Cottrill) Site Plan Agreement By-law." READ a FIRST, SECOND and THIRD time and DEEMED TO E PASSED this 14th day of January, 2004. ~¿..ß k- Mayor " ~~ Clerk , , i r I I '1 I I . SITE PLAN AGREEMENT This AGREEMENT made this I Lf-Y-L-J day of ~ j J AÅ:¡ L?004. BETWEEN: () Ó THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE hereinafter called the "Municipality" of the First Part, -and- Robert & Lillian Cottrill hereinafter called the "Owner" of the Second Part. WHEREAS the Owner represents that he is the registered owner of those lands in the Municipality of Kincardine, County of Bruce, described in Schedule "A" attached hereto and forming part of this agreement; . AND WHEREAS the parties hereto agree that the lands affected by this agreement are as set out in Schedule "A" attached hereto; AND WHEREAS the Municipality has enacted a Site Plan Control Area By-Law pursuant to the provisions of Section 41 of the Planning Act, R.S.O., 1990, c.P. 13, as amended. AND WHEREAS the covenants, agreements, conditions and understandings herein contained on the part of the Owner and the Party of the Third Part, if any, shall run with the land and shall enure to the benefit of and be binding upon the parties hereto and their heirs, executors, administrators, successors and assigns, as the case may be, and shall be appurtenant to the adjoining highways in the ownership of the Municipality. NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the approval of the plans for the development on subject parcel of land by the Municipality and the sum of ONE ($1.00) DOLLAR, the receipt of which is hereby admitted, the Owner for himself and for all successors in title, HEREBY AGREES with the Municipality as follows: . PART A - GENERAL PROVISIONS 1. The parties to this agreement hereby agree that the Owner as herein stated is the registered owner of those lands described in Schedule "A" to this agreement and the lands affected by this agreement are as described in Schedule "A" to this agreement, hereinafter called the "subject lands". 2. The Owner hereby releases the Municipality, its servants, agents and contractors from any and all liability in respect of the proper maintenance and operation of the matters and facilities required by this agreement. The Owner agrees to allow the Municipality at its sole expense and in its sole discretion to register or deposit this agreement in the Registry Office for the County of Bruce against the ·subject lands". 3. . .. .2 , i i ! .i . . . . 4. Page 2 Site Plan Agreement The Owner will at all times indemnify and save harmless the Municipality on a solicitor and client basis from all loss, costs and damages which the Municipality may suffer, be at or be put to, for or by reason of the execution of this agreement. The Party of the Third Part joins herein to consent hereto and to bind its interest in the lands hereto. 5. The clauses of this agreement are independent and severable and the striking down or invalidation of anyone or more of the clauses does not invalidate all or any of the remaining clauses. 6. Nothing in this agreement shall relieve the Owner from complying with all applicable municipal requirements. 7. The Owner hereby grants to the Municipality, its servants, agents and contractors a license to enter the ·subject lands· for the purpose of inspection of the works and the ·subject lands· or for any other purpose pursuant to the rights of the Municipality under this agreement. PART B - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS 8. The Owner agrees to undertake development on the ·subject lands", at its sole expense, in conformity with the site plan as detailed in Schedule ·B" attached hereto, which shall hereinafter be referred to as the "approved site plan·. 9. The Owner agrees to provide, install or otherwise abide by, at its sole expense, the site development requirements as detailed in Schedule ·C" attached hereto. 10. a) Upon completion of the development of the ·subject lands" in conformity with the provisions of this agreement, the Municipality shall issue a certificate of compliance. b) "Certificate of compliance" shall mean a statement of the Municipality as to the substantial completion of the works, matters and facilities required by this agreement and shall not be deemed to certify compliance with any other municipal requirements, regulations, or by-laws, and the Municipality shall not be stopped from pursuing any or all of its rights to enforce the continuing obligations of the Owner under this agreement or to enforce any other of the Municipality's requirements, regulations or by-laws which relate to the subject lands. 11. The Owner hereby acknowledges that failure to complete all required works within the specified time period shall mean a certificate of compliance will not be issued until such work necessary to complete the development is done, and that until such certificate of compliance has been issued, in the event that the prescribed time period has lapsed, the Municipality has the right to refuse issuance of any permit necessary to carry out any additional work on the "subject lands". 12. All maintenance and repair of facilities and matters required by this agreement shall be done by the Owner from time to time at its sole risk and expense and the Owner agrees the ·subject lands· will not impede or prohibit performance of the maintenance provided for in this agreement. .. . 3 ! ¡ i ,I . . . . Page 3 Site Plan Agreement 13. The Owner agrees to maintain in good repair and at its sole expense the "subject lands" in conformity with the provisions of Schedule "B" (approved site plan) and Schedule "C· (site development requirements), and all other requirements pursuant to this agreement, and all repair or maintenance shall conform with the requirements of this agreement as it applied to the original development. 14. The Owner agrees that all vaults, containers, collection bins and other facilities which may be required for the storage of garbage and other waste material shall be kept within a completely enclosed building or a completely enclosed container in the location as shown on Schedule ·B". 15. The Owner agrees that, at its sole expense, all parking areas provided on the ·subject lands" shall be reasonably in all circumstances, maintained clear of snow so as not to prohibit or block or in any way restrict access along any driveway, walkway for vehicular and pedestrian traffic or reduce the number of useable parking spaces below the minimum number of spaces required by the Municipality's zoning by-law. The Owner agrees not to store snow on-site such that it blocks visibility adjacent to a street or drainage facilities on-site or where adequate drainage facilities are not provided or where melt water would adversely affect an abutting property. 16. The Owner agrees to maintain at its sole expense and in good repair to the standards acceptable to the Municipality all landscaped open space, private driveways and complementary facilities, and private approach sidewalks which are located on untraveled portions of Municipality-owned road allowances abutting the subject lands. 17. The Owner agrees that all facilities and matters required by this Agreement shall be provided and maintained at its sole risk and expense and to the satisfaction of the Municipality and that in default thereof and in the sole discretion of the Municipality, the Municipality may perform such requirements at the expense of the Owner and such expense may be recovered by the Municipality in like manner as municipal taxes within the meaning of Section 326 of the Municipal Act, R.S.O., 1990, c.M. 45, as amended. 18. The Owner agrees to do the following: a) subject to The Public Transportation and Highway Improvement Act, R.S.O. 1990, facilities, to provide access to and from the lands such as access ramps and curbings and traffic direction signs; b) to dedicate to the Municipality, free and clear of all encumbrances, all Easements and lands required by the Municipality for the construction, maintenance and improvement of any existing or newly required watercourses, ditches, land drainage works and required watercourses, ditches, land drainage works and sanitary sewage facilities on the land and, on request by the Municipality, to deliver the properly executed documents in a form that can be registered, to the Municipality in order to complete the dedication to the Municipality and to pay all costs incurred by the Municipality in respect to the aforementioned dedications; c) to, where required by Municipal resolution, dedicate to the Municipality widening of highways that abut on the land described in Schedule "A" attached hereto, free and clear of all encumbrances. ...4 ~ ! ¡ , I !j , , I Page 4 Site Plan Agreement . PART C - DEFINITIONS . . . 19. In this Agreement and the Schedules attached hereto: i) "Building Area" shall mean the only area upon which the erection and use of buildings and structures shall be permitted. ii) "Landscaped Open Space" shall mean the areas of open space comprised of lawn and omamental shrubs, flowers and trees and may include space occupied by paths, walks, courts, patios but shall not include parking areas, traffic aisles, driveways and ramps. Iii) "Parking Area" shall mean the areas of open space other than a street to be used for the parking of motor vehicles and access ramps and driveways to areas used for the parking of motor vehicles which shall be clear of buildings and structures except those accessory to the operation of the parking area, and which shall be available and maintained for the parking of motor vehicles including maneuvering aisles and other space necessarily incidental to the parking of vehicles. iv) "Natural Open Space" shall mean the areas of open space which are to remain in a natural state with a minimum amount of maintenance, but shall not include areas of outside storage, parking areas, traffic aisles, driveways or ramps, or Building Area. Natural Open Space areas shall be subject to the requirements of the Maintenance and Occupancy (Property Standards) By-Law as amended from time to time for the Municipality and shall be kept clear of all weeds and natural growth which is prohibited by other Municipal by-laws. Areas of Natural Open Space may include areas of Landscaped Open Space. This site plan agreement shall be valid upon the success of minor variance #A- 38/03.22. IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attested by ,~and of ff;~ Chief Administrative Officer this / L.f day of 004. The rties have hereunto set their hands and seals this day of , 2004. , SIGNED, SEALED AND DELIVERED in the presence of ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE ~æÁ Mayor - Glenn S'utton Œh~N ê&¡ Witness Æ#/}) Lillian Cottrill, Owner ~ ~ l I I 1j SCHEDULE "A" . Part of Lot "A", Concession A, being Part 1 on Reference Plan 3R-3914 and Part of Lot "A", Concession "A", being Part 2 on Reference Plan 3R-2340, in the Town of Kincardine, (now Municipality of Kincardine), in the County of Bruce. . . . ! . . .£ . . . . SCHEDULE "B" The "approved site plan" shall be the plan drawn by the Owner and marked as the "approved site plan", signed by the Municipality's Chief Administrative Officer and signed by the Owner with any changes marked in red and initialed by the Chief Administrative Officer and the Owner. This "approved site plan" shall be filed with the Municipality's Chief Administrative Officer. : . . . . ! SCHEDULE "C" SITE DEVELOPMENT REQUIREMENTS 1. The Owner agrees that the completion date for all work required pursuant to this agreement shall be December 31,2005. The Owner agrees to prepare a grading and drainage plan acceptable to the Municipality and all surface and roof drainage shall be controlled in accordance with the approved plans in a manner satisfactory to the Municipality. The Owner agrees that any floodlighting of the land shall be installed in such a manner so as to deflect the light away from adjacent streets and properties or so controlled in intensity so as to prevent glare on adjacent streets and properties. 2. 3. 4. The Owner agrees to ensure during development of the "subject lands" that appropriate devices are installed and measures taken to prevent unreasonable erosion of soil from the site by wind or water, and the Owner agrees to abide by any request of the Municipality's Chief BUilding Official or Engineer in this regard, acting reasonably. 5. The Owner agrees to install a cedar hedge along the westerly property limit of the site as defined in Schedule 'B'. 6. The Owner agrees that any internal driveways which are necessary for, and designated as, a fire route shall be so designed so as to carry the weight of the Municipality's fire fighting equipment. 7. The Owner agrees to provide all landscaping as shown on the "approved site plan". All plantings shall be installed to the specifications and requirements as indicated on the "approved site plan". 8. The Owner agrees that the site and building shall be designed so as to provide unobstructed access for wheelchairs to at least one main building entrance from the public sidewalk/street and one parking area by use of sidewalk ramps of proper gradient and surfacing. 9. The Owner agrees to appropriately and properly finish all lands lying between the "subject lands" and any and all abutting streets, which, without limiting the generality of the foregoing shall include the following: i) landscaping of lands lying between the street line and property line not to be used for vehicular or pedestrian entrances with topsoil and sod/seed. ii) installation of driveways of proper width and grade from the street line to the property line with asphalt, concrete or other hard surfacing acceptable to the Municipality's Engineer. iii) removal of existing driveways which are not to be used with replacement by appropriate landscaping as detailed above. 10. The Owner agrees to obtain a building permit within six (6) months from the date of this agreement. Failure to obtain a building permit within the prescribed time period shall mean this agreement is null and void. 11. The Owner agrees that all driveways and parking areas as indicated on the "approved site plan" shall be surfaced with asphalt, cement, or other hard surfacing acceptable to the Municipality's Engineer. . . 12. The Municipality's Chief Administrative Officer may agree in writing to minor variations to provisions of this agreement. Please note that all major variations must be approved by Council in the form of a Site Plan amendment to this agreement. In addition the CAO will sign-off the certificate of compliance, once the owner has completed the work as set out in Schedule 'B'. 13. The owner agrees to rectify the deficiencies as noted in CAO Report 2003-39A attached as Schedule 'D' to this By-law. . . . . . . Schedule D MUNICIPALITY OF KINCARDINE REPORT TO COUNCIL REPORT CODE NO. CAO-Z003-39A Date: November 17, 2003 Subiect: Site Plan Approval- Robert Cottrill Analvsis of Subiect: Pursuant to the Site Plan Control By-law, the following actions must be taken prior to Council approving the above-noted Site Plan request. Process Result 1. Application with fee provided to the municipality. Done 2. Mandatory agency circulation for review and comments (see attachments). Done 3. Review by the Planning & Building Committee Nov. 6, 2003 4. Site Plan adherence with policy requirements of the Official Plan and servicing and traffic related issues. Done 5. Tile Search Done 6. Site Plan Agreement. Council to deliberate Nov. 19,2003 7. Municipal By-law - 15\ 2nd & 3rd Readings Dec. 3, 2003 8. Register the Site Plan Agreement on Title Dec. 4, 2003 The applicant owns property located at Concession A, Part Lot A, Bruce Ave SIS in the former Town of Kincardine (Ward 1). The applicant proposes to expand the existing truck sales/repair business. One of the conditions of the expansion is that the application is subject to site plan control. Available Options: 1. Approve the Plan. . 2. Ask for additional changes to the Site Plan. 3. Do not approve the Site Plan Application. Preferred Option: Since the various agencies and the County Planning Department have successfully reviewed the proposed Site Plan, it is recommended that Option #1 be selected. Financial Impact: Due to the minor nature of this application, it is recommended that a 50% rebate of the $1,500.00 site plan fee be authorized. CAO Comments: . Upon review at the Planning & Building Committee it was recommended that a cedar hedge be installed along the westerly property limit, in order to create a visual barriers . Please note that the applicant has met with the C.A.O. and received comments from the agencies and is in agreement with them. Attachments: I. Lot Grading Sketch 2. Correspondence from Chief Building Official, Michele Barr 3. Correspondence from County of Bruce Planning & Economic Development Department Leah Andrews, Planner 4. Correspondence from Fire Chief, John Wall 5. Correspondence from SVCA, Jo-Anne Harbinson Environment Planning Technician 6. Correspondence from Jamie MacKinnon CEMC/CAAC Staff Resource Submitted by: . -~~L_c:\2~~^^~! John deRosenroll JdR/cc .attch 2 ~ MUNICIPALITY OF KINCARDINE . BUll.DING DEPARTMENT MEMORANDUM TO: FROM: John deRosenroll. CAO DATE: Michele Barr, ChiefBuilding Official Nov Sib 2003 RE: Sp-D12 (Cottrill) . I have reviewed the site plan application for the above noted property. M2 Prestige Industrial Open Storage iv) any portion of the area used for open storage where it does not adjoin the outside wall of the building is concealed from view from the street by a fence or wall. Michele Barr Chief Building Official . . . . , COUNTY OF BRUCE PLANNING & ECONOMIC DEVELOPMENT DEPARTMENT I!!I Box 848,30 Par\( Street. Walkerton. Ontario NOG 2VO (519) 881-1782 Fax (881-1619) D Box 129. 578 Brown Street. Wlllrton, Ontario NOH 2TO (519) 534-2092 Fax (534-1174) Chris laForest, MCIP Cirector November 4, 2003 Municipality of Kincardine, Administration Centre Attn.: John deRosenroll, CAO . 1475 Concession 5, R. R. # 5 Kincardine, ON N2Z 2X6 RE: Site Plan Control Application - Robert CottriH Dear Mr. ~eRosenro", The Planning & Economic Development Department has reviewed the Site Plan Control Application as submitted, and offers the following co~ments. The lands are designated 'Residential' in the Town of Kincardine Official Plan, where the predominant use of lands is for residential dwelling units. Section C1.3 defines the policies for general land use: C1.3.1 In any case where the uses permitted by the Zoning By-law conflict with the intended uses indicated by this Plan, it is intended that an amendment to the Zoning By-law shall only be made in conformity with this Plan. A 'truck sales/repair business' is not a permitted use in this designation, however, is acceptable because it holds a legal non-conforming status, and may continue as long as it meets the provisions of the Zoning By-law. Any proposed development, which fails to meet the provisions of the Zoning By-law, may require an amendment to the Official Plan. The lands are zoned 'M2 - Prestige Industrial' in the Town of Kincardine Zoning By-law 1996-4. A 'truck sales/repair business' is a permitted use in this zone. The proposal maintains the zone regulations with resped to minimum lot area; minimum lot width; minimum setbacks; and maximum building height. The Site Plan indicates that the existing storage is located to the rear of the main building. It appears that the existing storage is accessory to the use of the main building on the lot. There is adequate space in the interior side yards and rear yard to maintain a 3.0 metre setback. The Site Plan does not indicate the total coverage of the existing storage; however, it should not cover more than 15% of the lot area nor exceed the gross floor area of the main building on the lot. In addition, any portion of the area used for open storage where it does not adjoin thesoutside wall of the building should be concealed from view from the street by a fence or wall as per Sect/on 7.2.2 (8) of the By-law. . . . The Site Plan indicates the appropriate location of loading/unloading areas, and a sufficient number of loading/unloading spaces based on the proposed total floor area of the buildings (Le. +/- 630 square metres of industrial use plus 100 square metres of office use). There is adequate space for a 6.0 metre driveway, which should be maintained with a stable surface at a combined depth of at least 15 centimetres and with provisions for drainage facilities, as per Section 4.10 of the By-law. . And lastly, although the Site Plan does not indicate an exact number of off-street parking spaces, the existing asphalt lot at the rear of the proposed building is of a sufficient size (Le. +1- 752 square metres) to accommodate the required number of spaces for an 'industrial use, service andlor repair shop' as per Section 4.12 of the By-law. A Minor Variance or Zoning By-law Amendment may be required if the application does not meet all the provisions of the Zoning By-law. If you have any questions or require clarification, please contact me at your convenience. Regards, Leah Andrews Planner County of Bruce . . . 0/ -" Memo To: John deRosenroll CCI From: Administrative Fire Ctief Jom Wall DateI 1 0/29103 He: Site Plan Control Application - Your File Number: SP-D12 - Concession A, Part Lot A, Bruce Avenue Please be advised I have reviewed the above mentioned site plan control application and have no concerns with it Regards John Wall Administrative Fire Chief . Page 1 ~ . . NOV-05-03 WED 09:06 . 2$1123 Concession 18 Twp. of West Grey (former Normanby 'TWp.) Mallin.. Adår..," p,.R.. I, Hanover, ON N4N 388 Canada Tel 519-364-1255 Fax 519-364-6990 WWW.svca.on.ct publlclnfo@svca.on.ca Conservation ê~~ <C A M"""~OF1'" eæ..~&"^'ru"IN _ - O:'\1'I".'RI(,,) NEiWOJt.K SAUGEEN CONSERV AUTH FAX NO. 15193646980 P,Ol ,- - November 4, 2003 Municipality of Kincardine 1475 Concession 5 R.R. #5 Kincardine, ON N2Z 2X6 ATTENTION: John deRosenroll. CAO Dear Mr. deRosenroll: RE: Robert Cottrill Site Plan SP-Dl2 Part Lot A, Concession A, South Side of Broce Avenue (Fonner Town of Kincardine . Ward 1) Municinalitv ofKinC8J'dine The Saugeen Valley Conservation Authority has reviewed the above noted proposal in accordance with tbe SVCA's mandate and policies, and the Memorandlltn of Agreement between the Authority and the County of Broce. . The proposed addition as shown on the Site 'Plan prepared by Husky Steel Bul1dings Systems and dated August 4, 2003 is acceptable to the SVCA. The Authority bas no objection to the addition proceeding as shown on the plans. We 1rust these comments are helpful. Should questions arise, please do not hesitate to contact this office. Yours sincerely, .~~ Jo-Anne Hatbinson Environmental Planning Technician JH/ cc: Darryl Burley, Director, SVCA .;'4..., . . . k.. MUNICIPALITY OF KINCARDINE CAAC Memo To: John deRosenroll CC: Ftom: Community Accessibility f:vJvisory Commitee ~ 200~10-30 Re: Site Plan Control Application- Your File Number: SP-D12 Please be advised the CAAC site plan review sub-committee has reviewed the above mentioned site plan control application re: Cottrill Heavy Equipment and have no concerns with it. Regards Jamie MacKinnon CEMC/CAAC staff resource . 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