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Council
April 28, 2015

Site Plan Agreement - File No. SP-08-14
Grant Castle Corp. (MacEwen Petroleum)
132 Wellington Main Street
Executive Summary:
The purpose of this report is to recommend approval and execution of a site plan
agreement with Grant Castle Corp. to permit the construction of a new gas station,
convenience store, and restaurant with a drive-through, located on Part of Lots 194 and
195, Plan 8, for the Ward of Wellington (See Attachment 1).
Recommendation:
THAT the report of the Engineering, Development and Works Commission dated
April 28, 2015 regarding Site Plan Agreement File No. SP-08-14 Grant Castle Corp.,
be received; and
THAT Council approve the Site Plan and Site Plan Agreement for the Grant Castle
Corp. proposal, for the development located in Part of Lots 194 and 195, Plan 8,
Ward 3 (Wellington), in the County of Prince Edward; and
THAT Council approve a By-law authorizing and directing the Mayor and Clerk to
execute a site plan agreement with Grant Castle Corp., for the development
located in Part of Lots 194 and 195, Plan 8, Ward 3 (Wellington), in the County of
Prince Edward.
Purpose:
The purpose of this report is to recommend approval and execution of a site plan
agreement for Grant Castle Corp., located in Part of Lots 194 and 195, Plan 8, for the
Ward of Wellington, known municipally as 132 Wellington Main Street.
Background
The site is located along Wellington Main Street, just east of Tara Hall. The previous
existing buildings on site have been demolished. The site is zoned the Highway
Commercial (CH) Zone, and the three proposed uses are permitted under the zoning.
The building will be a one storey, peaked roof structure set on the western portion of the
lot set back from the street. There will be a 15 metre vegetated buffer along the western
edge of the site buffering the drive-through from a pedestrian walkway, with the gas
pumps and canopy located closer to the eastern end of the site

Analysis/Comment:
Site Plan Agreement
Planning staff, together with the CBO, the Engineering Development and Works
Commission, the Fire Department, Quinte Conservation, and the Accessability Advisory
Committee and legal counsel have reviewed and satisfied with the proposed site plan
drawings and site plan agreement for the purpose of ensuring the following
considerations are appropriately addressed by the applicants.








Lot grading and stormwater management;
Amount and location of signage and lighting
Fire Route location and demarcation
Design and location of water services;
Exterior design of buildings;
Parking, buffering and landscaping; and
Compliant with the Highway Commercial (CH) Zone and County Comprehensive
Zoning By-law No. 1816-2006, as amended.

A Draft Site Plan and Draft Site Plan Agreement have been prepared and are attached
to this report (See Attachment 2 and 3).
Strategic Plan/Priority Implications:
The recommendations of this report contribute to the following Objectives of the
Strategic Plan: “Manage growth and its impacts”.
Financial Implications:
The owner has provided the County with the required processing deposits and fees and
will provide the County with securities to ensure the satisfactory completion of all works.
Policy Implications:
None identified for the recommendations of this report.
Notice / Consultation:
Planning staff, internal and external agencies were consulted in the circulation of draft
materials and the preparation of this report.
A letter from Christine McClure at Quinte Conservation dated February 25th, 2015 noted
that the Conservation Authority did not have any concerns regarding stormwater
management as proposed or source water protection at the time of the last review
(December 23, 2015). They have no concerns with the development as proposed.
Other Options
None identified for the recommendations of this report.

Attachments:
1. Key Map
2. Draft Site Plan
3. Draft Site Plan Agreement

Prepared by:

James Bar
Intermediate Planner

April 22, 2015

R. McAuley, P.Eng., C.B.C.O.
Commissioner of Engineering,
Development & Works

April 22, 2015

Commissioner
Approval:

CAO Approval:
James Hepburn
Acting Chief Administrative Officer

April 23, 2015

CORPORATION OF THE COUNTY OF PRINCE EDWARD
WARD OF WELLINGTON
KEY MAP File No. SP-08-14

West
Lake

SKETCH

Area Subject to App lication

\

~

\

*Distances shown are in Metres.

USE AND INTERPRETATION OF DRAWINGS
GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARE
PART OF THE CONTRACT DOCUMENTS AND DESCRIBE USE AND INTENT
OF THE DRAWING. THE CONTRACT DOCUMENTS INCLUDE NOT ONLY
THE DRAWINGS, BUT ALSO THE OWNER-CONTRACTOR AGREEMENT,
CONDITIONS OF THE CONTRACT, THE SPECIFICATIONS, ADDENDA, AND
MODIFICATIONS ISSUED AFTER EXECUTION OF THE CONTRACT. THESE
CONTRACT DOCUMENTS ARE COMPLEMENTARY, AND WHAT IS
REQUIRED BY ANY ONE SHALL BE AS BINDING AS IF REQUIRED BY ALL.
WORK
NOT
COMPLETELY
DELINEATED
HEREON
SHALL
BE
CONSTRUCTED OF THE SAME MATERIALS AND DETAILED SIMILARLY AS
WORK SHOWN MORE COMPLETELY ELSEWHERE IN THE CONTRACT
DOCUMENTS.
BY USE OF THE DRAWINGS FOR CONSTRUCTION OF THE PROJECT, THE
OWNER REPRESENTS THAT HE HAS REVIEWED AND APPROVED THE
DRAWINGS. THE CONTRACTOR REPRESENTS THAT HE HAS VISITED
THE SITE, FAMILIARIZED HIMSELF WITH THE LOCAL CONDITIONS,
VERIFIED FIELD DIMENSIONS AND CORRELATED HIS OBSERVATIONS
WITH THE REQUIREMENTS OF THE CONTRACT DOCUMENTS.
AS INSTRUMENTS OF SERVICE, ALL DRAWINGS, SPECIFICATIONS, CADD
DISKS OR OTHER ELECTRONIC MEDIA AND COPIED THERE OF
FURNISHED BY THE ENGINEER ARE HIS PROPERTY. THEY ARE TO BE
USED ONLY FOR THIS PROJECT AND ARE NOT TO BE USED ON ANY
OTHER PROJECT. CHANGES TO THE DRAWINGS MAY ONLY BE MADE BY
THE ENGINEER.

SITE

UNLESS THE REVISION TITLE IS "ISSUED FOR CONSTRUCTION", THIS
DRAWINGS SHALL BE CONSIDERED PRELIMINARY AND SHALL NOT BE
USED AS A CONSTRUCTION DOCUMENT.
THIS DRAWING ILLUSTRATES THE WORK TO BE DONE. THE ENGINEER
IS NOT RESPONSIBLE FOR THE MEANS, METHODS, TECHNIQUES,
SEQUENCES, AND PROCEDURES USED TO DO THE WORK, OR THE
SAFETY ASPECTS OF CONSTRUCTION, AND NOTHING ON THIS
DRAWINGS EXPRESSED OF IMPLIED CHANGES THIS CONDITION.
CONTRACTOR SHALL DETERMINE ALL CONDITIONS AT THE SITE AND
SHALL BE RESPONSIBLE FOR KNOWING HOW THEY AFFECT THE WORK.
SUBMITTAL OF A BID TO PERFORM THIS WORK IS ACKNOWLEDGEMENT
OF THE RESPONSIBILITIES, AND THAT THEY HAVE BEEN FULLY
CONSIDERED IN PLANNING OF THE WORK, AND THE BID PRICE. NO
CLAIMS FOR EXTRA CHARGES DUE TO THESE CONDITIONS WILL BE
FORTHCOMING.
UNAUTHORIZED CHANGES:
IN THE EVENT THE CLIENT, THE CLIENT'S CONTRACTORS OR
SUBCONTRACTORS, OR ANYONE FOR WHOM THE CLIENT IS LEGALLY
LIABLE MAKES OR PERMITS TO BE MADE ANY CHANGES TO ANY
REPORTS, PLANS, SPECIFICATIONS OR OTHER CONSTRUCTION
DOCUMENTS PREPARED BY LEVAC ROBICHAUD LECLERC ASSOCIATES
LTD (LRL) WITHOUT OBTAINING LRL'S PRIOR WRITTEN CONSENT, THE
CLIENT SHALL ASSUME FULL RESPONSIBILITY FOR THE RESULTS OF
SUCH CHANGES. THEREFORE THE CLIENT AGREES TO WAIVE ANY
CLAIM AGAINST LRL AND TO RELEASE LRL FROM ANY LIABILITY ARISING
DIRECTLY OR INDIRECTLY FROM SUCH CHANGES.

12

28

IN ADDITION, THE CLIENT AGREES, TO THE FULLEST EXTENT
PERMITTED BY LAW, TO INDEMNIFY AND HOLD HARMLESS LRL FROM
ANY DAMAGES, LIABILITIES OR COST, INCLUDING REASONABLE
ATTORNEY'S FEES AND COST OF DEFENSE, ARISING FROM SUCH
CHANGES.

m

1.4

1.5m

22

KEY PLAN

36

13

27

N.T.S.

16

IN ADDITION, THE CLIENT AGREES TO INCLUDE IN ANY CONTRACTS FOR
CONSTRUCTION APPROPRIATE LANGUAGE THAT PROHIBITS THE
CONTRACTOR OR ANY SUBCONTRACTORS OF ANY TIER FROM MAKING
ANY CHANGES OR MODIFICATIONS TO LRL'S CONSTRUCTION
DOCUMENTS WITHOUT THE PRIOR WRITTEN APPROVAL OF LRL AND
THAT FURTHER REQUIRES THE CONTRACTOR TO INDEMNIFY BOTH LRL
AND THE CLIENT FROM ANY LIABILITY OR COST ARISING FROM SUCH
CHANGES MADE WITHOUT SUCH PROPER AUTHORIZATION.
GENERAL NOTES:

7.5m

6.0m

EXISTING SERVICES AND UTILITIES SHOWN ON THESE DRAWINGS ARE
TAKEN FROM THE BEST AVAILABLE RECORDS, BUT ARE NOT
COMPLETE. CONTRACTOR IS ADVISED TO CHECK IN FIELD FOR
LOCATION AND ELEVATION OF PIPES AND CHECK WITH THE UTILITY
COMPANIES BEFORE DIGGING.
CONTRACTOR IS ADVISED TO COLLECT
CONDITIONS AS DEEMED NECESSARY.

m
16.3

15

16

04
03
02

R3

m

18

06
05

23

9.7m

19.5

3.7m

R3.0

m

10

m

43.2

.0m

1.5m

R1
2.0
m

m

4.0m

3.0m

3.0

5.6m

14

1.1m

9

15.6m

m

0
12.

22

1.8m

2.1m

12

23

17

2.8m

18

10m

m

4

13
0.5m

5

R1

23

R12

R6.2
m

6.8m

6.2m

m

18.3

5.6m

0m

16

0.5m

10.0

1.8m

0

SCALE: 1:250

m

E
TOR
S
"
C
D"
T.)
OSE 0 SQ. F
P
O
35
PR
A.= 2
.
31
F
.
(G
.80
F=77
F
2
11

5m

R0.4m

15.

14

.2
m

28

m

1.5m

R6

3.7m

CONTRACTOR TO VERIFY ALL DIMENSIONS AND NOTIFY THE ENGINEER
OF ANY DISCREPANCIES BEFORE WORK COMMENCES. DO NOT SCALE
DRAWINGS.

16.9

3.0m

0.7m

10

ED
POS NS"
O
R
P
O
ORT
H
M
"TI
.A. =
(G.F .FT.)
SQ
1428
7.80 1
FF=7

18

3

27

25

SOIL

THE ENGINEER WAIVES ANY AND ALL RESPONSIBILITY AND LIABILITY
FOR PROBLEMS WHICH ARISE FROM FAILURE TO FOLLOW THESE
PLANS, SPECIFICATIONS AND THE DESIGN INTENT THEY CONVEY, OR
FOR PROBLEMS WHICH ARISE FROM OTHERS' FAILURE TO OBTAIN
AND/OR FOLLOW THE ENGINEER'S GUIDANCE WITH RESPECT TO ANY
ERRORS, OMISSIONS, INCONSISTENCIES AMBIGUITIES OR CONFLICTS
WHICH ARE ALLEGED.

32

m

6

12.0

7

ON

2.0

8a

m
25.2

INFORMATION

2.0m

.0m

01

1

REVISION 3 AS PER PEC
COMMENTS
REVISION 2 AS PER PEC
COMMENTS
REVISION 1 AS PER PEC
COMMENTS
ISSUED FOR SPC

G.C.

MAR 6th, 2015

G.C.

MAR 3rd, 2015

G.C.

FEB 5th, 2015

G.C.

DEC 1st, 2014

AS PER TDL SITE PLAN
P.P.
MODIFICATIONS
AS PER MPI (TDL LOADING
P.P.
DOCK MOVED BACK OF BLDG)

No.

REVISIONS

SEP 9th, 2014
MAR 4th, 2014

BY

DATE

16

23

R3

8

.0m

24
1

R12

.0m
3.0m

30

R3
.0

2.4m

9.0m

5

1.0m

m

.0m
R3

MAIN

EET
R
T
S

24

NOT AUTHENTIC UNLESS SIGNED AND DATED

1-2884 Chamberland Street
Rockland, Ontario
K4K 1M6

L L

1.0m

ASSOCIATES

ASSOCI

(613) 446-7777
(877) 632-5664
Website:
www.LRL.ca
Fax:
(613) 446-1427
Tel:

S

E N G I NE E R S I N G N I E U R S

CLIENT

MACEWEN PETROLEUM INC.
DESIGNED BY:

DRAWN BY:

P.P

APPROVED BY:

P.P

B.M.

PROJECT

29

NEW "C" STORE AND TIM HORTON
WELLINGTON ONTARIO
DRAWING TITLE

PRELIMINARY SITE
DEVELOPMENT PLAN
OPTION NO.5B
PROJECT NO.

140093
DATE

FEB 24 2014

C.201

SITE PLAN AGREEMENT

THIS AGREEMENT made this

day of

, 2015.

B E T W E E N:
GRANT CASTLE CORP.
(hereinafter called the "Owner")
Party of the FIRST PART
-and-

THE CORPORATION OF THE COUNTY OF
PRINCE EDWARD
(hereinafter called the "Municipality")

Party of the SECOND PART
WHEREAS the Owner warrants that it is the owner in fee simple of the lands
described in Schedule "A" annexed hereto (hereinafter referred to as the "Subject Lands") ;
AND WHEREAS the Owner desires to develop the Subject Lands in
accordance with the plans attached hereto;
AND WHEREAS the Subject Lands are within an area designated as an "area
of site plan control" passed pursuant to Section 41 of the Planning Act, R.S.O. 1990, c.P.13, as
amended;
AND WHEREAS the Municipality requires the Owner to enter into this
Agreement as a condition of approval of the plans and drawings for the Owner's proposed
development on the Subject Lands;
NOW THEREFORE in consideration of the premises and the sum of Two
Dollars ($2.00) now paid by each of the parties hereto to the other (the receipt and sufficiency
of which is hereby acknowledged) and other good and valuable consideration and the mutual
agreements contained herein, the parties hereto agree as follows:
DEFINITIONS
1.

(a)

"Development" shall mean the construction, erection or placing of one or more
buildings or structures on land or the making of an addition or alteration to a
building or structure that has the effect of substantially increasing the size or
usability thereof and shall include the construction and installation of all
facilities, services, utilities, works and other matters incidental thereto.
"Developed" shall have a corresponding meaning.

(b)

"Municipal Engineer" shall mean the Commissioner of Engineering,
Development and Works for the Municipality or such person or persons
designated in writing from time to time by the said Commissioner.

(c)

"Municipality" shall mean the Corporation of the County of Prince Edward.

(d)

"Owner" shall mean the Party of the First Part and shall include any and all
subsequent owners of the Subject Lands or any part thereof.
1

SCHEDULES
2.
The following are the Schedules attached hereto and incorporated in this Agreement by
reference and are deemed to be a part hereof:
Schedule "A" Schedule "B" Schedule "C" Schedule "D" Schedule "E" Schedule "F" Schedule "G" Schedule “H” -

Legal description of lands to be developed ("Subject Lands")
Site Plan and Drawings
Not Used
Not Used
Regulations for Construction
Off-Site Works; On-Site Works and Works Cost Estimate
Approved Form of Letter of Credit
Insurance

The originals of the above-noted Schedules, as approved by the Municipality, are available at
the Municipal Clerk’s office for inspection during regular business hours.
REGISTRATION AND CERTIFICATION
3.

(a)

The Owner shall, prior to the execution of this Agreement by the Owner,
provide the Municipality with a current letter, directed to the Municipality and
signed by an Ontario Solicitor in good standing, certifying that the Owner is
the sole owner of the Subject Lands.

(b)

The Owner hereby consents to the registration of this Agreement against the
title to the Subject Lands, at the expense of the Owner, and agrees to provide to
the Municipality, prior to the execution of this Agreement by the Municipality,
a legal description of the Subject Lands in registrable form.

(c)

The Owners hereby agree that no part of the Subject Lands shall hereinafter be
conveyed, transferred, mortgaged or leased separately, and that the whole of
the Subject Lands shall be treated as a single lot for all future conveyances and
no testamentary instrument, conveyance, transfer, charge, lease or application
shall be executed or registered, which purports to deal with only part of the
Subject Lands, without the prior written approval of the Municipality.

(d)

The parties acknowledge and agree that in the event of any breach of this
agreement, the Municipality shall not thereafter be required to issue any
permits, provide any approvals or any services to benefit the whole or any part
of the Subject Lands.

COMMENCEMENT OF DEVELOPMENT
4.

The Owner covenants that it shall not commence any development whatsoever on the
Subject Lands until:
(a)

this Agreement has been registered on title against the Subject Lands;

(b)

all necessary amendments to the Municipality's Official Plan and
Comprehensive Zoning By-Law have received final approval pursuant to the
provisions of the said Planning Act; and

(c)

all necessary permits and authorizations have been obtained by the Owner. It is
acknowledged that it is the Owner's sole responsibility to ensure that all
necessary permits and authorizations as aforesaid have been obtained.

In the event that it comes to the attention of the Municipality that the Owner has failed to
comply with any of the requirements of this Paragraph, the Municipality, upon seven (7)
business days written notice to the Owner, may suspend or terminate this Agreement and
forthwith revoke, all approvals, permits, authorizations etc. previously granted by the
2

Municipality to the Owner. The Municipality may, at the expense of the Owner, register notice
on title of the Subject Lands of the termination and/or suspension of this Agreement.
DESIGN AND SUPERVISION
5.

(a)

The design and supervision of the construction and installation of all of the
works shall be provided by a Professional Engineer retained by the Owner,
who shall be certified to practice in the Province of Ontario. The Owner’s
Engineer shall file with the Municipal Engineer, prior to commencement of
construction, a written undertaking with respect to the said works, which
undertaking shall include the provision of the Engineer's Certificate upon
completion that the execution of the works has been in accordance with the
approved plans, Municipal standards and specifications and the terms of this
Agreement.

(b)

The Owner agrees that the cost of all design and supervision for all of the
works shall be borne by the Owner.

SITE PLAN APPROVAL
6.

The Municipality hereby approves all plans attached as Schedules hereto and the
Owner covenants and agrees that the Subject Lands shall only be developed in strict
accordance with the Schedules and terms of this Agreement and other plans filed with
and approved by the Municipality (but not attached hereto) as part of the Municipality's
approval process of the proposed development. The Owner covenants that no work,
buildings, structures, facilities, services or other matters shall be performed or
constructed on the Subject Lands except as provided for in this Agreement without the
prior written consent of the Municipality.

FACILITIES AND WORKS TO BE PROVIDED AND MAINTAINED
7.

(a)

The Owner covenants and agrees to provide and maintain, at its sole expense,
each and every facility, service, work or other matter illustrated or described on
the Schedules attached hereto or otherwise required by the terms of this
Agreement, all to the satisfaction of the Municipality. Without limiting the
generality of the foregoing, the Owner covenants and agrees with the
Municipality to:
(i)

provide ingress and egress to the Subject Lands at and only at the
points and in the manner illustrated on the Schedules annexed hereto;

(ii)

restrict parking for all vehicles on the Subject Lands to the parking
areas illustrated on the Schedules annexed hereto;

(iii)

construct all off-street vehicular loading and parking surfaces and the
driveways leading thereto shown on the Site Plan, in accordance with
the specifications for surfaces approved by the Municipality;

(iv)

to mark all parking areas illustrated on the applicable schedules hereto
with signs, immediately upon the completion of the construction of the
parking areas;

(v)

at all times, to properly maintain the parking areas, signs, loading areas,
driveways, fire routes, exits and entrances, walkways, etc. on the
Subject Lands;

3

(vi)

be solely responsible for the prompt removal of snow and ice from all
access ramps, driveways, fire routes, exits and entrances, parking areas,
loading areas and walkways on the Subject Lands;

(vii)

grade, alter in elevation and/or contour the Subject Lands in accordance
with the Schedules annexed hereto and to ensure that all storm and
surface water from the Subject Lands and from any buildings or
structures thereon shall be properly disposed of to the satisfaction of
the Municipal Engineer. After the final grading is complete the Owner
shall file with the Municipal Engineer a plan, under seal, prepared by
an Ontario Land Surveyor or Professional Engineer, setting forth the
final grades of the Subject Lands and written certification, under seal,
that the grades are in conformity with the applicable Schedules
annexed hereto. In the event that the grading, alteration in elevation
and/or contouring of the Subject Lands does not provide for the proper
disposal of storm or other surface water from the Subject Lands and
from any buildings or structures thereon (notwithstanding the approval
of same by the Municipality) the Owner shall be required to make such
alterations to the grading, elevation or contouring of the Subject Lands
as are required to ensure that all storm and surface water from the
Subject Lands and from any buildings or structures thereon are
properly disposed of to the satisfaction of the Municipal Engineer;

(viii) ensure that all lighting facilities on the Subject Lands or on the
buildings or structures to be constructed thereon are designed and
constructed so as to divert light away from adjacent lands and buildings
and are in accordance with the requirements of all applicable
legislation and regulations;
(ix)

store and dispose of garbage and other waste material in accordance
with the Schedules attached hereto and the provisions of the
Municipality’s by-laws and in such a manner as the Municipality may
from time to time direct;

(x)

provide and maintain in a healthy and proper condition the landscaping,
plantings, fencing and/or buffering shown on or described in the
Schedules annexed hereto;

(xi)

provide fire routes in accordance with and as shown on the Schedules
attached hereto and the Owner shall obtain, install and maintain signs
(approved by the Municipal Fire Chief) prohibiting parking at all times
along the full length of the fire routes, to the satisfaction of the
Municipal Fire Chief. The said fire routes shall be constructed in a
manner satisfactory to the Municipal Fire Chief and without limiting
the generality of the foregoing shall be sufficient to support the weight
of fire fighting equipment. The requirements of this subparagraph shall
be completed to the satisfaction of the Municipal Fire Chief prior to the
occupancy of any building on the Subject Lands;

(xii)

install new curbs, curb cuts, entranceways, sidewalks, and/or alter,
relocate or remove such existing services as shown on the Schedules
hereto; and

(xiii) The Owner acknowledges that the Subject Lands will be subject to the
Municipality’s Parking By-laws, including the By-laws
regulating barrier free parking on private property. The Owner hereby
agrees that it will install appropriate signage for the barrier free spaces
which will include pavement marking and signage installed at a
4


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