HomeMy WebLinkAboutPD-44-82 lU S
CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT
HAMPTON, ONTARIO LOB UO TEL. (416)263-2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF MARCH 22, 1982
REPORT NO.: PD-44-82
SUBJECT: PROPOSED SITE PLAN AGREEMENT -
G. KOUTROUMPELIS and B. ARHITEKTONIDIS
PART OF LOT 28, CONCESSION 3, FORMER
TOWNSHIP OF CLARKE
FILE NO. S-P-3-14
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following:
1 . That Report PD-44-82 be received; and
2. That the attached draft Site Plan Agreement
between the Town and G. Koutroumpelis and B.
Arhitektonidis be approved in principle; and
3. That the attached By-law authorizing the
Directors of Planning and Public Works to
approve the subject site plans in respect of
the proposed expansion of the gasoline pump
island facilities located on the subject
property be approved; and
4. That the attached By-law authorizing the
execution of the site plan agreement between
G. Koutroumpelis and B. Arhitektonidis and the
Corporation of the Town of Newcastle be ��
approved. ? �
Report No. : PD-44-82 .. ./2
BACKGROUND:
On March 3rd, 1982, staff received the above-noted
application for Site Plan approval . The subject site is
known as the 7 Star Restaurant and is located on Part of Lot
28, Conc. 3, former Township of Clarke, fronting onto
Highway 35-115. The applicant is proposing the construction
of a kiosk and a canopy for an additional pump island. The
site is zoned for Highway Commercial Uses by By-law 1592, as
amended.
COMMENTS:
In accordance with the Department's procedures, this
application is presently in circulation to affected agencies
and departments for comments. A preliminary review of the
submitted Site Plan does not indicate any major problems,
however, final approval of the submitted plans must await
completion of the circulation. It is anticipated that the
circulation will be complete by the end of March.
Given the nature of the proposed development and the fact
that the applicant is under a time constraint since they
wish to complete construction prior to the end of May,
staff are proposing that the subject application be
considered by the Committee at this time and that the
attached draft Site Plan Agreement be approved in principle
pending completion of our staff circulation. Staff are also
proposing that the Directors of Planning and Public Works be
authorized to give final approval to the Site Plan at such
time as the circulation is completed. We are further
recommending that execution of the subject agreement be
authorized, pending staff approval of site plans. Copies of
the requisite By-laws are attached hereto.
'z-
Report No. : PD-44-82 .. ./3
This suggested course of action will permit staff to
continue processing the subject application, to approve the
subject Site Plans and permit the Mayor and Clerk to execute
the final Site Plan Agreement without a further Report to
Committee and Council and the inherent delay therewith.
This would also facilitate early issuance of building
permits and commencement of this project within the time
contraints the applicant faces.
:r
Respectfully-,submitted,
T. T. Edwards, M.C.I.P.
Director of Plannina
TTE*FA*mjc
March 9, 1982
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 82- 41
being a By-law to authorize the approval of a Site Plan by the
Director of Planning and Director of Public Works.
WHEREAS the Council of the Corporation of the Town of Newcastle
deems it advisable to expedite the Site Plan approval process with
respect to a Site Plan Agreement with G. Koutroumpelis and B.
Arhitektonidis;
AND WHEREAS Section 35(a) Subsection 10(b) of the Planning Act,
R.S.O. 1970, as amended, provides that where the Council of a
Municipality has designated a site plan control area under this
Section, the Council may, by by-law, delegate to either a Committee
of the Council or to an appointed officer of the Municipality
identified by the By-law either by name or position occupied, any of
Council 's powers or authority under this Section except the authority
to define any class or classes of development as mentioned in clause
(a) of the said Section;
NOW THEREFORE, the Council of the Corporation of the Town of
Newcastle enacts as follows:
1 . THAT authority to approve the Site Plans respecting the
application for Site Plan approval submitted by G. Koutroumpeli.s and
B. Arhitektonidis is granted jointly to the Director of Planning and
the Director of Public Works.
BY-LAW read a first time this 29th day of March 1982
BY-LAW read a second time this 29th day of March 1982
BY-LAW read a third time and finally passed this 29th day of
March 1982
G. , MAYOR
D. If. OAKES, CLERK
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 82- 42
being a By-law to authorize the entering into of an 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 Agreement between G. Koutroumpelis and
B. Arhitektonidis and the said Corporation dated the day of
198 , which is attached hereto as Schedule "X".
BY-LAW read a first time this 29 th day of March 1982
BY-LAW read a second time this 29th day of March 1982
BY-LAW read a third time and finally passed this 29th day of
March 1982
G. B. RICKAR , MAYOR
J'a 4L
D. W. OAKES, CL RK
Y
DEVELOPMENT AGREEMENT MADE (in quintuplicate) this 30th day of
-MARCH 1982
B E T W E E N:
G. KOUTROUMPELIS and B. ARHITEKTONIDIS
hereinafter called the "OWNER" OF THE FIRST PART
- and -
THE CORPORATION OF THE TOWN OF NEWCASTLE,
hereinafter called the "TOWN" OF THE SECOND PART
WHEREAS the lands affected by this agreement, are described in
Schedule "A hereto and hereinafter referred to as the "said lands";
AND WHEREAS the Owner has represented to the Town that the said lands
- are registered in the name of G. Koutroumpelis and B. Arhitektonidis
which is the beneficial owner of the said lands_ as stated in the
affidavit attached to this agreement as Schedule "B";
AND WHEREAS the Owner proposes to erect a kiosk building and a
weather canopy on the said lands; and has requested the Town to
approve the said development pursuant to the provisions of By-law
�- 79-151 ;
AND WHEREAS the Town has resolved to approve the said development
pursuant to the said By-law 79-151 , provided that the Owner enter
into this Agreement with the Town;
NOW THEREFORE, in consideration of the mutual agreements and
covenants hereinafter contained, the parties hereto agree as
follows:
1 . Annexed hereto and marked as Schedule "C" is a site plan
showing the size, location, elevation and exterior architectural
design of the building which the Owner proposes to erect on the "said
lands", which shall be approved by the Director of Planning and the
Director of Public Works prior to the issuance of building permits.
- 2 -
2. The Owner agrees that no buildings or structures, other than
the building shown on Schedule "C" shall be erected on the "said
lands" and further, that in the construction of such building the
Owner will comply with the elevations, exterior architectural design,
the location of the buildings on the lot and all other matters
relating to the building shown on Schedule "C".
3. PARKING AND LOADING
The Owner agrees to provide and maintain off-street parking
and driveway access in accordance with Schedule "C" which shall
include a surfacing of parking areas with concrete or bituminious
asphalt. No parking of vehicles shall be permitted on access or
driveway areas which shall be signed and maintained as fire access
routes to the satisfaction of the Fire Chief.
4. GARBAGE AND WASTE
(a) The Owner agrees to provide and maintain enclosed garbage
and waste storage facilities as may be required by the
Town for the storage of garbage and other waste materials
from the buildings 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 materials as often as may be required by the
Director of Public Works and the Fire Chief.
5. SNOW REMOVAL
The Owner agrees to remove all snow from access ramps,
driveways, parking areas, loading areas and walkways within twelve
hours of the cessation of any fall of snow.
6. GRADING AND DRAINAGE
The Owner agrees not to alter the existing site grading and
drainage without the prior written approval of the Director of Public
Works and the Ministry of Transportation and Communications.
- 3 -
7. FLOODLIGHTING
The Owner agrees to refrain from erecting or using any form of
illumination which in the opinion of the Town or the Ministry of
Transportation and Communications would cause any traffic hazard or
would cause a disturbance to uses adjacent to the "said lands".
8. FENCING AND LANDSCAPING
The Owner agrees to erect and maintain fences and plant and
maintain, trees, shrubs or other suitable ground cover in accordance
with Schedule "C" to provide adquate landscaping of the "said lands"
and protection to adjoining lands.
9. SIDEWALKS
N/A
10. 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 Town.
11 . REGISTRATION AND ENFORCEMENT
The Owner agrees that the Town may register this Agreement
against the title to the "said lands" and that the Town may enforce
the provisions of this Agreement against the Owner of the "said
lands" and subject to the provisions of the Registry Act and the Land
Titles Act R.S.O. 1979, as amended, against any and all subsequent
owners of the "said lands".
12. APPROVAL OF COST ESTIMATES
The Owner agrees that, prior to the issuance of any building
permit for the building identified on Schedule "C" hereto, the
- 4 -
estimated cost of construction and installation of the external works
required by this Agreement, hereinafter called the "Works Cost
Estimate" shall be approved by the Director of Public Works and
annexed to this Agreement on Schedule "D".
The said approved "Works Cost Estimate" shall be deemed to
have been included in this Agreement at the date of its original
execution, whether or not it was, in fact, so included and whether
or not it is, in fact, entered in Schedule "D" hereto.
13. PERFORMANCE GUARANTEE REQUIRED
(1 ) Prior to the issuance of any authorization to commence
work, the Owner shall provide the Town with a
"Performance Guarantee", in the form of cash or an
irrevocable letter of credit issued by a chartered
Canadian Bank in an amount equal to the "Works Cost
Estimate". The "Performance Guarantee" may be used by
the Town as set out in clause 14 in the event that the
Owner fails to satisfactorily meet the requirements of
this agreement in respect of the provisions of the
specified works and facilities.
(2) All submissions made under clause (1-) above, shall be
approved by the Treasurer of the Town.
14. USE OF PERFORMANCE GUARANTEE
The Owner agrees that the Town may, at any time, by resolution
of Town Council, authorize the use of all or part of any Performance
Guarantee if the Owner fails to pay any costs payable by the Owner to
the Town under this Agreement by the due date of the invoice of such
costs.
15. BUILDING PERMIT
The Town agrees that upon the Owner complying with the
provisions of this Agreement respecting approval of all plans and
specifications required herein, building permits will be issued in
accordance with the plans subject to payment of the usual permit
fees and other fees as are payable under by-law currently in force in
the Town and provided that all building plans comply with the Ontario
Building Code and such other Municipal By-laws as may be relevant.
- 5 -
16. LAPSE OF APPROVAL
In the event a building permit has not been issued to the
Owner within the period of two years hereinafter in this sentence
referred to, the parties agree that the Town's approval of the site
plan and drawings referred to in paragraph number 1 hereof shall
lapse upon the expiry of two years from the date of the execution of
this Agreement.
17. CONSTRUCTION COMMENCEMENT
The Owner agrees to commence construction of any building or
buildings for which a permit may be issued under Paragraph 15 hereof
as soon as is reasonably practicable following the issuance of any
such permit.
18. INTERPRETATION NOT AFFECTED BY HEADINGS
The division of this Agreement into paragraphs and the
insertion of headings are for convenience of reference only and shall
not in any way affect the interpretation of this Agreement.
IN WITNESS WHEREOF the parties have hereto affixed their hands
and seals and/or corporate seals by the hands of their proper signing
.offices duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED ) /
In the presence of: ) /
G. KOUTROUMP IS
B. ARHITEKTONIDIS ---'
)
THE CORPORATION OF THE TOWN OF
NEWCASTLE.
M OR
CLERK
LIST OF SCHEDULES
A Legal Description of Said Lands
B Affidavit of Ownership
C Site Plan including:
Location of Buildings
Landscaping and Fencing
Floodlighting
Grading and Drainage
D Works Cost Estimate
THIS IS SCHEDULE "A" to the Agreement which has been authorized and
approved by By-law No. f; '- of the Town of Newcastle, enacted
and passed the �t - day of 1982 .
LEGAL DESCRIPTION OF SAID LANDS
(metes and bounds description to be provided by Owner)
ALL AND SINGLUAR 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 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;
THENCE 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.
IN WITNESS WHEREOF the parties have hereto affixed their corporate
seals by the hands of their proper signing officers duly authorized
in that behalf.
SIGNED, SEALED AND DELIVERED }
In the presence of:
)
G. KOUTR S
B. ARHI E TdNIDIS
}
THE CORPORATION OF THE TOWN OF
NEWCASTLE
�. MAYOR—
VKa; CLER
THIS IS SCHEDULE "B" to the Agreement which has been authorized and
approved by By-law No. 82-42 of the Town of Newcastle, enacted and
passed the 29th day of March, 1982.
AFFIDAVIT OF OWNERSHIP
I , B. ARHITEKTONIDIS make oath and say as follows:
1 . I am one of the owners described in the attached Development
Agreement and as such have knowledge of the matters hereinafter
deposed to.
2. G. Koutroumpelis and B. Arhitektonidis received a conveyance
in fee simple to the lands described in Schedule "A" hereto by a Deed .
registered as Instrument No. 94484 for the Registry Division of
Newcastle (No. 10) on the 1st day of June 1979. The transfer was not
subject to any mortgages.
SWORN before .me at the Town of) j
Newcastle in the Regional
Muni ci pal i ty of Durham
this 7 day of April , 1982.
A. Commissioner, etc. j B. ARHITEKTONIDI .�
r
,4
QA
THIS IS SCHEDULE "C" to the Agreement which has been
authorized and approved by By-law No. 82-42 of the Town
of Newcastle, enacted and passed the 29th day of
q� March, 1982
IN WITNESS WHEREOF the parties have hereto affixed their
hands and 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. KO ELI
--1 At
B. A K I
1 j
THE C RATION OF THE TOWN OF
�) NEWCASTLE
G. RICI<ARD, MAYOR
. 0 K
a
-- �_. f
THIS IS SCHEDULE "D" to the Agreement which has been authorized and
approved by By-law No. 82-42 of the Town of Newcastle, enacted and
passed the 29th day of March , 1982 .
WORKS COST ESTIMATE
N/A
IN WITNESS WHEREOF the parties have hereto affixed their corporate
seals by the hands of their proper signing officers duly authorized
in that behalf.
SIGNED, SEALED AND DELIVERED ) - - -
In the presence of:
G. KO R
B. ARHITEKTONIDIS
THE CORPORATION OF THE TOWN OF
NEWCASTLE
AYOR
CLEW-
C�_
• DYE a DURHAM CO. LIMITED
FORM NO. 114
AFFIDAVIT OF SUBSCRIBING WITNESS
I, Frederick J. Archibald
of the Town of Newcastle
in the Regional Municipality of Durham
make oath and say:.
I am a subscribing witness to the attached instrument and I was present and saw it executed
at the Town of Newcastle by G. Koutroumpelis and
'see footnote B. Arhitektonidis
'see footnote
I verily believe that each person whose signature I witnessed is the party of the same name referred to in
the instrument.
SWORN before me at the
Town of Newcastle n, -
Regional Municipality of Durhami�2��(,�
this 7th day of April - tc 19 82 -�
E.-'=YA�CO'M rJfl$"570 NERD FOR TAKING AFFID VITS, ETC.
• Where a party is unable to read the instrument or where a party signs by making his mark or in foreign characters add"after the instrument had been read to
him and 0 appeared fully to understand it".Where executed under a power ofattorney insert"(name ofattorney)as attorney for(name ofparty)";and for next
clause substitute 1 verily believe that the person whose signature!witnessed was authorized to execute the instrument as attorney for(name)".
AFFIDAVIT OF SUBSCRIBING WITNESS
of the
in the
make oath and say:
I am a subscribing witness to the attached instrument and I was present and saw it executed
at by
•tiia fiHHnote
'see footnote
I verily believe that each person whose signature I witnessed is the party of the same name referred to in
the instrument.
SWORN before me at the
this day of 19
A COMMISSIONER FOR TAKING AFFIDAVITS, ETC.
' Where a party is unable to read the instrument or where a party signs by making his mark or in foreign characters add"after the instrument had been read to
him and he appeared fully to understand ie,.Where executed under a power of attorney insert"I name ofattorney)as attorney for(name ofparty)";and for next
clause substitute I verily believe that the person whose signature!witnessed was authorized to execute the instrument as attorney for(name)".
N #.7 3 1 �g
H.
o:
DAT ED: 1982 Registry Division of Newcastle(go.joy
I CERTIFY that this instrument is registers 8g d
,
BETWEEN: HAY F {
.4
G. KOUTROUMPELIS and B. ARHITEKTONIDIS Land Registry,
Office
Bowmanv at
iife;
Ontario, t. nd Regt 3
- and -
THE CORPORATION OF THE TOWN OF NEWCASTLE
DEVELOPMENT AGREEMENT
The Corporation of the Town of Newcastle
Planning Department
Municipal Offices
HAMPTON, Ontario, LOB UO
File: S-P-3-14