HomeMy WebLinkAboutPD-10-83 r
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CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director
HAMPTON,ONTARIO LOB UO TEL.(416)263.2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF JANUARY 3, 1983
REPORT NO. : PD-10-83
SUBJECT: APPLICATION FOR AMENDMENT TO AN EXISTING SITE
PLAN AGREEMENT - 7 STAR RESTAURANT/GAS BAR
OWNER: G. KOUTROUMPELIS AND B. ARHITEKTONIDIS
OUR FILE: S-P-3-14
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RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following:
1 . That Report PD-10-83 be received; and
* 2. That the attached amending Site Plan Agreement
between G. Koutroumpelis and B. Arhitektonidis
and The Corporation of the Town of Newcastle be
considered for execution ; and
* 3. That the attached By-law authorizing execution
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of an Agreement between G. Koutroumpelis and
B. Arhitektonidis and The Corporation of the
Town of Newcastle be approved.
Report No: PD-10-83 . . ./2
BACKGROUND:
The Site Plan Agreement with respect to the above-noted
Restaurant/Gas Bar operation between the above-noted parties
and the Town of Newcastle was entered into on March 30th,
1982 and subsequently filed in the Registry Office for the
Registry Division of Newcastle (No. 10) on May 31st, 1982,
as Instrument Number 107318.
The owner has recently requested of staff an alteration to
the existing signage on site. Specifically, through the
removal of the existing Texaco sign and base and replacement
thereof with a new Galaxy sign. The owner was notified at
l that time that policy dictated no permit would be issued
where any contravention to a municipal by-law existed, i .e.
the number of existing signs. Staff notes, however, the
provisions of the Sign By-law would permit a deviation to
same where a Site Plan Agreement is entered into. The
owners have indicated a willingness to remove all other
signs which are in contravention of the Sign By-law, in
order to permit the installation of the requested sign.
Staff note, as well , that the proposed sign is somewhat
larger than permitted within the Sign By-law 6.410 metres
squared (69 square feet) compared to 3.716 metres squared
(40 square feet) , however, in light of the intention of the
owner to remove all other signs, staff would have no
objections to the increase in size. It is staff's
understanding that the applicant proposes to indicate the
name of the restaurant on said new sign.
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Report No: PD-10-83 . ../3
In addition to the above and in accordance with Departmental
procedure, the Site Plan Agreement has been further amended
in order to delegate jointly to the Director of Planning and
Director of Public Works any further site plan approval
should additional changes be requested in the future.
Bearing the foregoing in mind, staff are therefore
recommending that the attached Amending Development
Agreement be approved for execution.
Respectfu mated,
T. T. Edwards, M.C.I .P.
Director of Planning
r ec�emTTE*mjc
ber 23, 1982
Applicants : G. Koutroumpelis, B. Arhitektonidis
7-Star Restaurant and Gas Bar
Highway 35/115
ORONO, Ontario
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 83-1
being a By-law to authorize the entering into of an Amending
Agreement with G. Koutroumpelis and B. Arhitektonidis.
The Council of the Corporation of the Town of Newcastle hereby enacts
as follows:
1 . THAT the Mayor and Clerk are hereby authorized to execute on
behalf of the Corporation of the Town of Newcastle, and seal with the
Corporation 's seal , an Amending Agreement between G. Koutroumpelis
and B. Arhitektonidis and the said Corporation dated the day of
1983, in the form attached hereto as Schedule "V.
2. THAT Schedule "X" attached hereto forms part of this
by-law.
BY-LAW read a first time this 10th day of January 1983
BY-LAW read a second time this 10th day of January 1983
BY-LAW read a third time and finally passed this 10th day of
January 1983
G. B. RI K RD, MAYOR
D. W. OAKES, CLERK
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SCHEDULE "X" to_by-law
AMLNUING OLVLLOPMLNI AGRLLMLNI MADL (in (jul tit upIicaLe) this day
of 198
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BETWEEN:
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G. KOUTROUMPELIS AND B. ARHITEKTONIDIS,
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hereinafter called the "OWNER" OF THE FIRST PART
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THE CORPORATION OF THE TOWN OF NEWCASTLE,
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hereinafter called the "TOWN" OF THE SECOND PART
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WHEREAS the lands affected by this agreement are described in
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Schedule "A hereto and hereinafter referred to as the "SAID LANDS"; k
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AND WHEREAS the Owner has represented to the Town that the said lands
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are registered in the name of G. Koutroumpelis and B. Arhitektonidis
who are the beneficial owners of the said lands as stated in the
affidavit attached to this agreement as Schedule "B";
AND WHEREAS the Town required the Owner to enter into an Agreement
pursuant to a By-law enacted under Section 40 of The Planning Act;
AND WHEREAS the Owner did enter into said Agreement, dated March 30,
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1982 and registered in the Registry Office for the Registry Division
of Newcastle (No. 10) on May 31 , 1982 as Instrument Number 107318
(hereinafter referred to as the "FIRST AGREEMENT");
AND WHEREAS the Owner desires to amend the provisions with respect to
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signage;
NOW THEREFORE, in consideration of the premises, the Owner and the
Town hereby covenant and agree as follows:
1 . The lands affected by this Agreement are as follows:
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ALL AND SINGULAR that certain parcel or tract of land and
premises, situate, lying and being in the Town of Newcastle in
the Regional Municipality of Durham (formerly in the Township
of Clarke, in the County of Durham) in the Province of Ontario
and being composed of Part of Lot 28, Concession 3 of the said
former Township of Clarke, more particularly described in
Schedule "A" annexed hereto.
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2. The "First Agreement" is hereby amended by deleting Schedule
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"C" thereto and substituting Schedule "C" hereto attached,
3. The "First Agreement" is hereby further amended by adding the
following new paragraph 19:
"19. The Owner covenants and agrees that prior to the
issuance of a permit with respect to the installation of new
signage as shown on Schedule "C", all existing signage not in
compliance with the Town of Newcastle Sign By-law is to be
removed."
4. The "First Agreement" is hereby further amended by adding
after "relating to the building shown on Schedule "C" within
paragraph number two (2), the following:
unless otherwise approved by the Director of Planning and
the Director of Public Works."
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5. Schedule "A", "B" and "C" hereto shall form part of this
Agreement.
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6. Unless the contrary intention appears, the word "Town" shall
include its successors and assigns and the word "Owner" shall include
their respective heirs, executors, administrators, successors and
assigns to whom the context may apply according to law and if there
is more than one Owner or if the Owner is a female person or
Corporation, this Agreement shall be read with all grammatical
changes appropriate by reason thereof and all liabilities and
obligations of the Owner as the case may be shall be joint and
several and shall run with the Said Lands.
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IN WITNESS WHEREOF the parties have hereto affixed their hands and
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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: �G.—KOUTROURPTUIS j
B. ARHITEKTONIDIS
THE CORPORATION OF THE TOWN OF
NEWCASTLE I
F ) 4
MAYOR
CLERK
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1HIS IS SCHEDULE "A" to the Amending Agreement which has been
authorized and approved by By-law No. of the Town of
Newcastle, enacted and passed the day of ,
198
LEGAL DESCRIPTION OF SAID LANDS
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ALL AND SINGLUAR that certain parcel or tract of land and premises
a situate, lying and being in the Town of Newcastle in the Regional l
Municipality of Durham, formerly part of the Township of Clarke, in
the County of Durham, in 'the Province of Ontario and being composed
of part of Lot 28, Concession 3 of the said Township of Clarke, which
said parcel may be more particularly described as follows:
PREMISING that the bearings herein are astronomic and are referred to
the westerly limit of the said Lot 28, having a bearing of North 17
degrees, 43 minutes west, and relating all bearings herein thereto;
COMMENCING at a point in the easterly 'limit of Highway Number 35 as
shown on Deposit Plan 16260 for the Township of Clarke, which said
point may be located as follows:
BEGINNING at the south west corner of the said Lot 28;
THENCE North 17 degrees 43 minutes west, being along the westerly
limit of the said Lot 28, a distance of 3,283.96 feet;
1HENCE North 72 degrees 36 minutes 30 seconds east, a distance of
42.63 feet;
THENCE South 17 degrees 34 minutes 30 seconds east, a distance of
332.37 feet;
THENCE South 17 degrees 25 minutes 30 seconds east, a distance of
113.10 feet to the point of commencement of the parcel being
described;
THENCE South 17 degrees 25 minutes 30 seconds east, being along the
easterly limit of Highway Number 35, as shown on Deposit Plan 16260,
a distance of 200.0 feet;
THENCE North 72 degrees 34 minutes 30 seconds East, being along the
northerly limit of lands described in Registry Instrument 85847, a
distance of 200.0 feet;
THENCE North 17 degrees 25 minutes 30 seconds west, being along the
easterly limit of Part 1, Plan IOR-169, a distance of 200.0 feet;
THENCE South 72 degrees 34 minutes 30 seconds west, a distance of
200.0 feet more or less to the point of commencement.
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} IN WITNESS WHEREOF the parties have hereto affixed their corporate
seals by the hands of their proper signing officers duly authorized
in that behalf.
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G. KOUTROUPIPEL19
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� B. RHI K NIDI
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THE CORPORATION OF THE TOWN OF '
NEWCASTLE
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t; S
G.
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CLERK
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THIS IS 8:H[0ViE "8" to the Amending Agreement which has been
authorized and approved by 8y-law No. of the Town of
Newcostlo, enacted and passed the day of .
198 . |
AFFIDAVIT OF 8NN[R0[P
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I. make oath and say |
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as follows:
l . l am one of the owners described in the attached Amending \
Development Agreement and as such have knowledge of matters
hereinafter deposed Co, �
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' 2. G. Koutroumoolis and B. 8rhitektonidis received o conveyance /
in be simple to the lands described in Schedule "A" hereto by a Deed |
registered as Instrument Nu. 94484 for the Registry Division of �
Newcastle (No. 10) on the lrC day of June, 1979. The transfer was i
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not subject to any mortgages.
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SWORN before me at the Town of /
Newcastle, in the Regional \
Municipality of Durham '
. this day of 198 |
A Commissioner, etc. ' �
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THIS IS SCHEDULE "C" to the Amending Agreement which has been
authorized and approved by By-law No, of the Town of
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Newcastle, enacted and passed the day of i
198
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IN WITNESS WHEREOF the parties have hereto affixed their corporate
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c� seals by the hands of their proper signing officers duly authorized
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in that behalf.
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G ) �
G-. KOUTROOMPELIS
E. )r I
B. ARHITEKTONIDIS j
THE CORPORATION OF THE TOWN OF
NEWCASTLE
MAYOR
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) CLERK
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DATED: 1982
B E T W E E N:
G. KOUTROUMPELIS AND B. ARHITEKTONIOIS
- and -
THE CORPORATION OF THE TOWN OF NEWCASTLE
DEVELOPMENT AGREEMENT
The Corporation of the Town of Newcastle
Planning Department
Municipal Offices
HAMPTON, Ontario, LOB 1JO
File: S-P-3-14