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HomeMy WebLinkAboutPD-62-82 lc� 4 i CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT HAMPTON, ONTARIO LOB 1 JO TEL. (416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF APRIL 19, 1982 REPORT NO. : PD-62-82 SUBJECT: PROPOSED SITE PLAN AGREEMENT - B. R. HEATH - PINE RIDGE MOTEL PART OF LOT 31 , CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON OUR FILE: S-P-1-17 I RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-62-82 be received; and * 2. That the attached Site Plan Agreement be approved; and * 3. That the attached By-law authorizing execution I of a Site Plan Agreement between Beverly R. Heath and the Corporation of the Town of Newcastle be approved. BACKGROUND: The subject application for site plan approval was approved by staff on July 23rd, 1981 . The applicant is proposing to renovate and expand the existing Pine Ridge Motel . i Report No. : PD-62-82 . . ./2 The Pine Ridge Motel is presently zoned "R2" by Bylaw 2111 of the former Township of Darlington. The use does, however, have legal non-conforming status and a minor variance has been approved by the Committee of Adjustment. The relief granted by the Committee would allow the applicant to renovate the existing motel establishment and allow an addition to the owner's residence. COMMENTS: In accordance with the Department's procedures, the application was circulated to members of the Town's Site Plan Committee and various other affected agencies for comments. The comments received following our circulation indicated that there was no objection to the approval of the subject site plan. Concern had been raised by the Durham Regional Health Unit relative to the sewage disposal system, however, they offered no objection to the approval of this site plan, provided that it is understood that in the event of any malfunction of the existing disposal system, said system is to be converted to a holding tank, and provided that all waste from the motel complex is discharged to the sanitary sewer when it becomes available to the property. The site plan agreement reflects this concern. The attached Site Plan Agreement has been reviewed with the applicant, and five signed originals have been prepared for execution. If Council is satisfied with the terms and conditions of the agreement, it would be appropriate for Council to approve the attached Site Plan Agreement and By-law authorizing the Mayor and Clerk to execute same. Respectf l,yy''submitted, w T. T. Edwards, M.C.I .P. `°{ Director of Planning FA*TTE*mjc April 7, 1982 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 82- 52 being a By-law to authorize the entering into of an Agreement with Beverly R. Heath. 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 Beverly R. Heath and the said Corporation dated the 30th day of March, 1982, in the form attached hereto as Schedule 'T'. P 4' 2. THAT Schedule 'T' attached hereto forms part of this by-law. BY-LAW read a first time this 26 day of April 1982 BY-LAW read a second time this 26 day of April 1982 BY-LAW read a third time and finally passed this 26 day of April 1982 G. B. RICKARD, MAYOR r� D. W. OAKES, CLERK I i I i i DEVELOPMENT AGREEMENT MADE (in quintuplicate) this j' day of � I 198 BETWEEN: i BEVERLY R. HEATH hereinafter called the "OWNER" OF THE FIRST PART - and THE CORPORATION OF THE TOWN OF NEWCASTLE, i hereinafter called the "TOWN" OF THE SECOND PART I 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 BEVERLY R. HEATH who is the beneficial owner of'the said lands as stated in the affidavit attached to this i agreement as Schedule "B"; AND WHEREAS the Owner proposes to erect an addition and expansion to the existing motel on the said lands; and has requested the Town to 1 approve the said development pursuant to the provisions of By-law 79-151; # AND WHEREAS the Town has resolved to approve the said development i pursuant to the said By-law 79-151, provided that the Owner enter into this Agreement with the Town; AND WHEREAS the Owner acknowledges that the lands are not presently serviced by a municipal sewer or water system and agrees that each building or structure to be erected or altered shall only be serviced by a private well and a private sewage disposal system as approved and/or required by the Durham Health Unit until such time as sanitary i sewers are available to the site at which time the Owner agrees to connect to such sewer system. NOW THEREFORE, in consideration of the mutual agreements and jcovenants hereinafter contained, the parties hereto agree as { � follows: I r. 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 prooses to erect on the "said I lands", which is hereby approved by the Town. 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" and to do so in accordance with specifications to be approved by the Director of Public Works 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 he 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. s . I it j � r Il '1 . a — r 6. GRADING AND DRAINAGE j The Owner agrees to undertake the gradin g of and provide for at his cost the disposal of storm, surface and waste water from the said lands" and from any buildings or structures thereon in accordance with plans and specifications to be approved by the Director of Public Works and annexed to this agreement as a portion I of Schedule "C". 7. FLOODLIGHTING The Owner agrees to refrain from erecting or using any form of illumination with in the opinion of the Town would cause any traffic II hazard or would cause a disturbance to residential uses adjacent to k the "said lands". 81 FENCING AND LANDSCAPING The Owner agrees to erect and maintain fences and plant and III maintain, trees, shrubs or other suitable ground cover in accordance 1 with plans and specifications to be approved by the Director of Public Works and the Director of Planning to provide adquate landscaping of the "said lands" and protection to adjoining lands. 9. SIDEWALKS i� (NOT APPLICABLE) 10. APPROVAL OF PLANS AND SPECIFICATIONS 1 The Owner agrees that the issuance of any building permit in 1 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". i I i fi � ( r f,' I 9 A 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 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 r 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 19 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. i. 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 1 specifications required herein, building permits will be issued in accordance with the plans subject to payment of the usual permit l � 3 I � i J �. 5 _ fees and other fees as are payable under by-law currently in force in i j the Town and provided that all building plans comply with the Ontario RBuilding Code and such other Municipal By-laws as may be relevant. I 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 i buildings for which a permit may be issued under Paragraph 15 hereof as soon as is reasonably practicable following the issuance of any 1 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 i not in any way affect the interpretation of this Agreement. III i IN WITNESS WHEREOF the parties have hereto affixed their i hands and seals and/or corporate seals by the hands of their proper signing offices duly authorized in that behalf. I SIGNED SEAL D%AND DELIVERED ) Adlbk /// 1 a�vE�l R. I THE CORPORATION OF THE TOWN OF NEWCASTLE j I I , r'• \ it tt1 1 �• 5 I 1 t. I LIST OF SCIILOULES A - Legal Description of Said Lands D - Affidavit of Ownership C - Site Plan including: Location of Buildings Landscaping and Fencing Floodlighting Grading and Drainage D - Works Cost Estimate , { �t! 3 f S , i z � t � t � ,� .• qtr.. t , X, , • THIS IS SCHEDULE "A" to the Agreement which has been authorized and approved by By-law No. of the Town of Newcastle, enacted i and passed the day of 198 . LEGAL DESCRIPTION OF SAID LANDS (metes and bounds description to be provided by owner) , FIRSTLY: 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 County of Durham) and being composed of part of Lot 31 in the 2nd Concession of the Geographic Township of Darlington described as follows: COMMENCING at a concrete monument in the intersection of the south- erly limit of Highway No. 2 as widened with the westerly limit of Lot No. 30 of the said Township, said intersection being distant South 18 degrees 1 minute east in the said westerly limit of Lot j No. 30 a distance of 1197 feet 9 inches from the northwest angle of said Lot No. 30; THENCE South 75 degrees 52 minutes west, 1125 feet 7 inches to a point in the southerly limit of Highway No. 2 as widened, said point being at the place where the said limit of Highway No. 2 intersects a fence running southerly, said point being the place of beginning of the lands being conveyed herein; THENCE South 18 degrees 36 minutes east in and along said fence 255 feet 2 inches to an iron pipe planted; THENCE South 71 degrees 24 minutes west, 132 feet to an iron pipe; THENCE North 18 degrees 36 minutes west, 250 feet 10 inches to a point distant 132 feet more or less from the west limit of Lot No. 311 said point being on the south boundary of Highway No. 2; THENCE Easterly in a straight line along the southerly boundary of ?i Highway No. 2 as widened, 132 feet more or less to the place of beginning. SECONDLY: 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, and being composed of Part of Lot 31, in the Second Concession of the Geographic Township of Darlington, a now designated as Part 1, Plan 1OR-670, deposited in the Land Registry Division of Newcastle (No. 10) on November 10 1976. i 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. _ ) > Beverly R. Heath -- -� i THE CORPORATION OF THE TOWN OF NEWCASTLE i Mayor c/s Clerk i 4 i c s fS. ' THIS IS SCHLOULC "U" Lo the Agreement whkh has been authorized and approved by 8y-law No. of the Town of Newcastle, enacted and passed the day of 198 AFFIDAVIT OF OWNERSHIP i (to be provided by Owner) 1 1 3 I, BEVERLY ROBERT HEATH, of the Town of Newcastle, in the Regional Municipality of Durham, solemnly declare as ,follows: 1. I am the registered and beneficial owner of the lands described in Schedule "A" to this agreement, (I i i i j .. i AND I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath. i DECLARED before me at the Town ) of Whitby, in the Regional C 1 Municipality of Durham, this Beverly Robert He t day of °i -.�z(• , 1982. ) A Cbtmnissioner, etc. 1 I i 7 j r } # h i, f t. }tit 1 , i) THIS IS SCHEDULE "C" to the Agreement which has been authorized and approved by By-law No. of the Town of Newcastle, enacted 11i and passed the day of 198 i i I l i IN WITNESS WHEREOF the parties have hereto affixed their hands and seals and/or corporate seals by the hands of their proper a signing officers duly authorized in that behalf. ) D-EVE-RIT -KATIE THE CORPORATION OF THE TOWN OF NEWCASTLE MAYOR ) 1 I r J i � P r. THIS IS SCHEDULE "D" to the Agreement which has been authorized and approved by By-law No. ' of the low" Of Newcastle, enacted and passed the day of lg© WORKS COST ESTIMATE (to be determined) No external works to be done, i i i I I a i f 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. ) DEVE iEA fl ) THE CORPORATION OF THE TOWN OF NEWCASTLE ) ) ) i g t t a X i l 1 t•• f • ' j �• l 1