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Home My WebLink AboutP-51-80, ti, r•: . ~ ,A S`~ { ~ t" {.$~~ C9a CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH, M.C.I.P., Director HAMPTON, ONTARIO LOB 1J0 TEL. (416)263-YY31 REPORT TO THE PLANNING AND DL'VELOPMENI' COMMITTEE MEETING OF MARCH 17, 1980. REPORT N0: P-51-80 SUBJECT: Proposed Site Plan Agreement Rainbow Motel-- Part Lot 25, Concession 1, • former Township of Clarke - J. Canty BACKGROUND: As you are aware, By-law 79-`151 0l Che 'town oL Newcastle • requires the proponents of certain classes of development in the Town to obCain approvsl oL site plane and to negotiate a development agree- ment with the Town as a precondition of development. Tfr. J. Canty wishes to erect a 3,100 square foot addition, com- prising 8 motel uuiCS, to an existing 4,100 square foot buildiag containing a motel and restaurant. 'The attached development agreement executed by the Owner and the plan included as Schedule "C" have been circulated to staff for comments; but because of the minor nature of the development proposed, staff did not feel it was necessary to present the agreement to the Site Plan Committee. ~,~, G~ I -z- RECOMPfENDATION: It is respectfully recommended: 1. That this report be received for information; and 2. That the attached development agreement be forwarded to Council for execution and that a By-law be prepared for that purpose. Respectfully submitted, NJ F: lb ll. N. Smith, M.C.I.P. March 13, 1980 Director of Planning • • • 97IIS A6R1:IiME N"1', made Chi .ti B E T W E E N J. CANTY, day ~, r hereinafter called the "Owner" n.D. }9ao. OF THE FIRST PART, - AND - THE CORPORA'PION OF THE TOWN OF NEWCASTLE, hereinafter called the "Town" OF THE SECOND PART. u • C J • WHEREAS the lands affected by this Agreement, which are described in Schedule "A" hereto, are hereinafter called the °said lands°; ANll WHEREAS the Owner warrants thaC he i.s the registered owner of the "said lands" as stated in the Certificate attached to this Agreement as Schedule "B"; AND WHEREAS the Owner acknowledges that the lands will not be serviced by a municipal sewer system and each building or structure to be erected or altered shall be serviced by a private sewage disposal system as approved and/or required by the Durham Region Health Unit; AND WHEREAS the Owner acknow]edges that a portion of the "said lands" is subject to potential flooding and that prior to applying for a building permit from Che Town of Newcastle for the erection of any buildings or structures within thaC portion of the "said lands" identified on Schedule "C" to this Agreement as within ehe "flood limit" that the permission of the Conservation Authority having jurisdiction will. be obtained; AND WHEREAS the Owner acknowledges that he will assume all responsibility for any damages, charges or claims resulting from the flooding of the "said lands"; AND WHEREAS the Town has passed By-law 79-44 zoning the "said lands" to permit the development of a motel and restaurant; AND WHEREAS the Council of the Town of Newcastle has approved certain plans referred to under paragraph number 2 of this Agreement subject to the Owner entering into this Agreement pursuant to Section 35 (a) of The Planning Act. _ , _ NOW ThEREPORE, in consideration of tiie mutual agreements and covenants hereinafter contained, the parties hereto agree as Follows: 1. The Owcier covenants and agrees that the "said lands" shall be used only For the purposes o1 operating co~amercial buildings to include a motel and restaurant. 2. The Town of Newcastle hereby approves the site plan annexed to this agreement as Schedule "C" showing the location of the proposed • building extension em d the location of all. other facilities required by this agreement. 3. PARKING AND LOADING The Owner agrees to provide and maintain off-street parking • and loading areas in accordance with the said site plan and to do so in accordance with specifications to be approved by the Director of Pciolic Works which shall include a surfacing of parking areas with con- Crete or bituminous asphalt. 4. SNOW REKOVAL The Owner agrees to remove all snow from access ramps, drive- ways, parking areas, loading areas and wa llcways within twelve hours of the cessation of airy fall of snow. • 5. GRADING ANll DRAINAGE The Owner agrees to undertake the grading of and provide for the disposal of storm, surface and waste water from the "said lands" and from any buildings or structures thereon in accordance with the site plan approved by the Director of Public Works and annexed to this Agreement as Schedule "C". 6. FLOODLIGHTING The Owner agrees to provide floodlighting of the "said lands" in accordance with Schedule "C" 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". .. . f - ~ - 7, I'ENCING AND LANDSCAPING 'Ihe Owner agrees to erect and maintain walls and plant and maintain hedges, trees, shrubs or other suitable ground cover in accord- ance with Schedule "C" of this Agreement. 8, GARBAGE AND WASTE (a) The Owner agrees to provide and maintain enclosed central storage Cacilities as may be required by the Town for the storage of. garbage and other waste materials from the buildings constructed 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 material a minimum of once per week, or as often as :nay be deemed necessary by the Director of Public Work and/or Che Fire Chief. 9. 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 specifications required pursuant to this Agreement have been approved by the Tbwn. • 10. REGISTRATION e1ND ENFORCEi•SENT The Owner agrees that the Town may register Chis Agreement against the title to the "said lands" and that the Town may enforce the provisions of this Agreement against the (haver of the "said lands" and subject to the provisions of Che Registry Act and the Land Titles Act, R.S.O. 1979, as amended against any and all subsequent owners of the "said lands". 11. BUILDING PERMIT The Town agrees that upon the Owner complying with the provis- ions of this Agreement respecting approval of all plans and specifications required herein, building permits will be issued in accordance with the plans subject only to payment of the usual permit fees and other fees as are payable under by-law currently in force in the Town. ~_ -4- 12. LAPSE OF APPROVAL In the event a building permit has not been issued to the Owner within fire period of two years hereinafter in this sentence re- ferred to, the parties agree that the Tocnt's approval of the site plan and drawings referred to in paragraph number 1 ]tereof shall lapse upon the expiry of two years from the date of the registration of this Agree- ment. 13. CONSTRUCTION COMhiENCEPfENT The Owner agrees to commence construction of any building or buildings for which a permit may be issued under Paragraph 12 hereof as soon as is reasonably practicable following the issuance of any such permit. • 14. INTERPRETATION NOT AFFECTED BY HEAllINGS 'L'he division oC rhis Agreement inC<~ paragraphs and the insertion ol'. headings are For convenience of reference only and shall not in any way i• • affecC the interpretation of this Agreement. 15. This Agreement shall. enure to the benefit of and shall be binding upon the parties hereto and their respective successors or assigns. IN WITNESS WHEREOF the parties hereto have affixed their hands and seals and/or corporate seals by the hands of their proper signing officers duly authorized i^ Chat behalf. THE CORPORATION OF THE TOWN OF NEWCASTLE Per: Mayor Per: Clerk ~. . ~~ 1,15'1' OP SCIII?DIlLh:S A - Legal Description B - Affidavit of Ownership C - Site Plan including: location of buildings landscaping and fencing floodlighting grading and drainage I • l J u • ~ .~_ PHIS SCHliDULls IS SCHEDULE "C" eo die llevelo pineut Agrec- ment w}tich teas been autLiorized and approved by Iiy-law 80- of dze Corporation of the Town of Newo~stle, IiNACTT'D AND PASSI?D die day of A.D. 1980. • • SIGNED, SEALED AND llELIVERLD ) in the presence of: ) T,HE CORPORATION OP' THE TOWN OF NEWCASTLE Per: Per: Afayor rk JAMES H. CANTY . t y- NEB ti _i y 1 ~ SCALE IN FEET ' iaoo 0 loo0 2^:~ :. MUNICtMI PLAIJIMht f:@M{g/Li..', ~ooo i~n5 IS Mnp C-14 O[ SCNE DULf 'o" f0 f1Y-L4W N(]_ I'A S$[D TNC 0! -.__._.._. .. _.___-_DAY -__~___-..__-._ __._--._ . 19 ]__ MAP C-14 OF SCHEDULE "A" TOWN OF NEWCASTLE LOT ~; 25 25 24 23 22 21 20 I nT io