HomeMy WebLinkAbout04 015 site plan McMasters
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THE CORPORATION OF THE MUNICIPALITY OF KINC INE
NO. 2004-15
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A SITE P N AGREEMENT
WITH PATRICK GENE MAC MASTERS
WHEREAS the Ontario Planning Act, R.S.O. 1990, P. 13, Sect on 41, authorizes
municipalities to enter into Site Plan Agreements;
AND WHEREAS the Council for the Municipality of Kincardine de ms it advisable to
enter into a Site Plan Agreement with Patrick Gene MacMasters;
NOW THEREFORE the Council for the Municipality of Kincardine EN CTS as follows:
1. That the Municipality of Kincardine enter into a Site Plan Agr ement with Patrick
Gene MacMasters to ensure appropriate development of tho e lands described
as Lots 33, 34, 35, 36, 37 South Side of Broadway Street Pia 4, in the Town of
Kincardine, (now Municipality of Kincardine), in the Count of Bruce, known
municipally as 520 Broadway, and being more particularly de cribed in Schedule
"A" of the attached Site Plan Agreement.
2. That the Mayor and Chief Administrative Officer be authorize to sign, on behalf
of the Municipality of Kincardine the agreement with Patrick ene MacMasters,
which is attached to this By-law as Schedule "A".
3. This By-law takes effect from the date of passage by Coun iI and comes into
force and effect pursuant to the provisions of the Planning Act 1990.
This By-law may be cited as the "520 Broadway (Mac asters) Site Plan
Agreement (2004) By-law."
READ a FIRST, SECOND and THIRD time and DEEMED TO BE P SSED this 4th day
of February, 2004.
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(4) Nature of Document
Site Plan Agreement - S.41(10) Planning Act
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(51 Consideration
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Dollars $
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(61 Description
Lots 33, 34, 35, 36 and 37, South side of Broadway Street, Plan 4, Town
of Kincardine (now Municipality of Kincardine), County of Bruce
Additional:
See
Schedule
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(71 This
Document
Contains:
Additional:
See
Schedule
ent provide. Ai lollows:
Site Plan Agreement attached hereto as pages 2-9.
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ument relates to Instrument number(s)
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(b) Schedule for:
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Signature(s) Date of Signature
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c/o 313 Lambton Street, Kincardine, Ontario N2Z 2Y8
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81 Addrt" öI ltö l6rty
420 Mechanics Avenue, Kincardine, Ontario N2Z 2G7
(15) Document Prepared by:
Fees and Tax
52øaa way Sttt!et
Kincardi e, Ontátlo
N2Z 2E8
Graham E. Mahood
MAHOOD & DARCY
313 Lambton Street
Kincardine, Ontario
N2Z 2Y8
Registration Fee
Document prepared using Form"L OW.re landForms
Total
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SITE PLAN AGREEMENT
,/,]
. This AGREEMENT made thi~:íÞ day or--iJr~ü AV ,2004.
BETWEEN:·~ 0
THE MUNICIPALITY OF KINCARDINE
hereinafter called the "Municipality"
of the First Part,
-and-
PATRICK GENE MAC MASTERS
hereinafter called the "Owner"
of the Second Part.
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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:
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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.
3.
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".
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Page 2
Site Plan Agreement
MacMasters
4.
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 CAO. 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.
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Page 3
Site Plan Agreement
MacMasters
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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".
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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, RS.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,
RS.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;
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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.
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Page 4
Site Plan Agreement
MacMasters
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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.
"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.
iii)
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IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal
attest~J the hand of' Mayor and Chief Administrative Officer this
L-' .£;,,< day 00 ifhe parties have hereunto set their
hánds and seals this - d yo, 2004.
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SIGNED, SEALED AND DELIVERED
in the presence of
Cm~~ f ~~?
Witness (J
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THE
MUNICIPALITY OF KINCARDINE
~.~
Mayor - Glenn ·Sutton
-~2
ief Administrative Officer-
John deRosenroll
P",~.: ,,:;=~~:-~".,
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SCHEDULE "A"
Lots 33, 34, 35, 36, 37 South Side of Broadway Street Plan 4, Municipality of
Kincardine (Formerly Town of Kincardine) County of Bruce.
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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.
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SCHEDULE "C"
SITE DEVELOPMENT REQUIREMENTS
1.
The Owner agrees that the completion date for all work required pursuant
to this agreement shall be December 31,2004.
2.
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.
3.
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.
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 temporary fencing or otherwise adequately
protect all trees, shrubs and other vegetation which are to be retained, and
such fencing shall be located not closer to any trees than the drip line of
such trees, and the Owner agrees to abide by the requirements of the
Municipality's Pubic Works Manager in this regard, acting reasonably.
4.
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 surfacino accectable to the Municicalitv's Enoineer.
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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.
13. The owner agrees to rectify the deficiencies as noted in CAO Report
2004-01.