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HomeMy WebLinkAboutPD-172-81 %- ?r.. CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH, M.C.I.P.,Director HAMPTON, ONTARIO LOB 1 JO TEL. (416)263-2231 REPORT THE THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF OCTOBER 13, 1981. REPORT NO. : PD-172-81 SUBJECT: Proposed Site Plan Agreement Port Darlington Marina Hotel Our File: S-P-2-27 Recommendations: It is respectfully recommended: 1. That Report PD-172-81 be received by the Committee; and 2. That Council approve the attached Site Plan Agreement for execution; and 3. That the Clerk bring forward the necessary By-law to authorize execution of the agreement. Background: The subject application for site plan approval was received by staff on August 27, 1981. The applicant Mr. Iry Gill of the Port Darlington Marina Hotel is proposing the construction of a 120 sq. metre (1285 sq. ft.) addition to his existing hotel located on the west side of Simpson Avenue south of West Beach Road. The proposed addition would include the expansion of the existing hotel lounge and kitchen facilities as well as provide Mr. Gill with additional storage areas. In accordance with the Department's procedures, this application was circulated to members of the Town's Site Plan Committee and various other affected agencies for review and comment. The responses to the aforementioned circulation are summarized below. - 2 - Report PD-172-81 Regional Municipality of Durham "Municipal water supply is available to the site through existing watermains on Simpson Avenue. Sanitary Sewer service will also be available to the site at such time as the Port Darlington Water Pollution Control Plant is in operation. Completion of construction of said plant is tenatively scheduled for the end of November, 1981. On the basis of the above, we have no objection to further processing of this site plan application. However, it should be noted that the subject owner has to submit four copies of servicing site plans to the Regional Works Dept. for approval at such time as application for service connections is made. Furthermore, the owner should contact this Department to discuss our requirements on matters of size and location of the proposed services prior to submission of site plans." Town of Newcastle Works Department "I have reviewed the Site Plan and Site Plan Agreement for the Port Darlington Marina Hotel and find same suitable to the Public Works Dept. , subject to the following: The applicant will be required to make application for access and all entranceways, road ditching and boulevard grading must meet with Town specifications and requirements." Town of Newcastle Building Department "No comment." Town of Newcastle Fire Department "The Fire Department has no objection to the proposed addition. Chapter 41, The Hotel Fire Safety Act 1971, Ontario Statutes and Regulations, requires complete drawings and specifications be submitted to and approved by the Fire Marshall before constructing additions or altering a hotel." Ministry of Natural Resources "We have no objections or comments to make." Central Lake Ontario Conservation Authority "As you know, the Authority approved an application for the above-noted property last spring. The site plan currently being circulated for comment is consistent with the plan upon which the authority's approval was based. Therefore, staff require no modifications to the site plan." 3 - Report PD-172-81 Durham Regional Health Unit "The Durham Regional Health Unit approves this application, subject to the following: Existing holding tanks will be adequate only until such time that the sewage plant is complete. Then the hotel will be required to hook up to the system. The approval is granted under the condition that the sewage from the holding tanks is transported to the municipal sewage treatment plant. Accurate records and receipts pertaining to the quantity of sewage hauled, must be kept. Records must be made available for review by this department at any time. This condition is in effect until such time as connection to the municipal sewage system is made." Comments: On the basis of the above referenced circulation the only concern identified was in respect of sanitary sewage facilities. In that regard, the attached agreement incorporates a provision which would require the Owner to connect to Municipal sewers at such time as they are available. The agreement has been discussed with the applicant and five signed copies submitted for execution. It would now be appropriate to forward said agreement to Council for approval and execution. Respectfully.Soi4ittied, T.T. Edwards, M.C.I.P. Deputy Director of Planning TTE:lf October 2nd, 1981. DEVELOPMENT AGREEMENT MADE (in quintuplicate) this day of 1981. BETWEEN: ROBERT IRVING GILL, the Senior of the Town of Newcastle, in the Regional Municipality of Durham, and ROBERT IRVING GILL, the Junior, of the : ame place, carrying on business under the name and style of Port Darlington Marina Hotel, as partnership property, hereinafter called the "OWNEP." OF THE FIRST PART: and - THE CORPORATION OF THE TOWN OF NEWCASTLE, I 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", as outlined in red on Schedule "C"; AND WHEREAS the Owner has represented to the Town that the said lands are registered in the name of Robert Irving Gill, the Senior and Robert Irving Gill the Junior although the Port Darlington Marina Hotel is the beneficial 9 3 owner of the said lands as stated in the affidavit attached to this Agreement i I{ as Schedule "B"; AND WHEREAS the Owner proposes to erect an addition to the existing hotel on i I the said lands; and has requested the Town to approve the said development pur- suant 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 Owncr enter into an l,grccment with the Town; AND WHEREAS the owner acknowledges that the existing holding tanks will be ade- quate only until such time as the Port Darlington Water Pollution Control Plan - 1 is completed and operational; s AND WHEREAS the Owner agrees to enter into an Agreement with the Corporation of the Regional Municipality of Durham for the provision of service connection to the municipal sewage system upon completion of the aforesaid Port Darlington Water Pollution Control Plant; AND WHEREAS the Owner further agrees to sarisfy the requirements of the Durham I Region Health Unit in respect of transporting sewage from the existing holding tanks to municipal sewage treatment facilities and maintaining accurate records and receipts pertaining to the quantity of sewage hauled, which records shall be made available to the Regional Health Unit for review upon request until such time as a connection to the municipal sewage system has been made. 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 Y size, location, elevation and exterior architectural design of the addition which the Owner proposes to erect on the "said lands", which is hereby approved i by the Town. 2. The Owner agrees that no buildings or structures, other than the buildings shown on Schedule "C" shall be erected on the "said lands" and further P ! that in the construction. . Continued I I 2 - ,1y 'f of such building the Owner will comply with the elevations , exterior architectural design, the location of the building 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" . No parking of vehicles shall be permitted on access or driveway areas which shall be signed and maintained as fire access routes I 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 he required by L'he Town for the storage of garbage and other waste materials from the buildings on the said lands , in jaccordance with plans and specifications to be approved I by the Director of Public Works and the Fire Chief. (b) The owner further agrees to remove garbage and F other waste materials as often as may be required by the Director of Public Works and the Fire Chief. I 5 . SNOW REMOVAL i I 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 I The Owner agrees not to alter or change the existing site grading and/or drainage without the prior written approval of the Director of Public Works . 7 . FLOODLIGHTING i The Owner agrees to provide floodlighting of the "said lands" and building in accordance with plans and specifications to be approved by the Director of Public Works 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 f lands" . I 8. FENCING AND LANDSCAPING I The Owner agrees to erect and/or maintain a fences and plant and maintain, trees , shrubs , or other suitable ground cover in accordance with Schedule "C" to provide adequate landscaping of the "said lands" and protection to adjoining ilands. i 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 Town. 1 i I F !� f [ - 3 - e� 10 . 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. 197,9 , as amended, against, any and all subsequent owners of the "said lands" . j 11. BUILDING PERMIT The Town agrees that upon the Owner complying with the I provisions of this Agreement respecting approval of all plans and specifications required herein, building permits will be ! issued inaccordance 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. j 12 . LAPSE OF APPROVAL In the event a building permit has not been issued to the Owner within the period of two yearshere-inafter in this f sentence referred to, the parties agree that the Town ' s approval of the site plan and drawings .deferred to in paragraph number 1 hereof shall lapse upon the expiry of two years from the date of registration of this Agreement. 13. CONSTRUCTION COMMENCEMENT -The Owner agrees to commence construction of any building or buildings for which a permit may be issued under Paragraph 11 hereof as soon as is reasonably practicable following the issuance of any such permit. � 14 . 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 interpretaion of this Agreement. IN WITNESS WHEREOF the said Owners hereto have hereunto set their hands and seals . SIGNED, S ALED AM DELIVERED) IN THE P#_7NC OF ROBE RT VTNG GIL�,- they Senior �rte ) ROBERT IRVINGf GILL, the Junior ''IN WITNESS WHEREOF the Corporation of the Town of Newcastle has affixed it' s corporate seal by the hand of it ' s proper signing officers duly authorized in that behalf. THE CORPORATION OF THE TOWN OF NEWCASTLE ) Per : Mayor ) Per: Clerk I ) Dye 6 Durham L­ted — Toronto, Conado AFFIDAVIT OF SUBSCRIBING WITNESS Form No. 347 u I, Irwin A. Hamilton 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 Bowmanville by Robert Irving Gill, the Senior -See footnote and Robert Irving Gill, the Junior '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 Z — Newcastle, Regional Munici- pality of Durham this 'v day of SHEILA Ryl�1,'g1.1p NER'FOR'TA'K�IL"/1F1I!,DAVIT$. ETC. fOr 31tCl;ji hijipavl1�, iuot clal District 0i L`urharn, for h-in A. Hamilton, Batr13ier a Solicitor. Expires May 25th, 1984, •Where a patty 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 it".Where executed under a power of attorney insert '(name of attorney) as attorney for (name of party)"; and for next clause substitute"1 verily believe that the person whose signature I witnessed was authorized to execute the instrument as attorney for (name)". MARCH. 1978 AFFIDAVIT AS TO AGE AND SPOUSAL STATUS I/WE of the in the •If attorney make oath and say: When executed the attached instrument, bee footnote I/WE at least eighteen years old. Within the meaning of section 1(f)of The Family Law Reforin Act,1978:— Strike out a) I was a spouse. inapplicable clauses. b) We were spouses of one another. c) was my spouse. --Not a Matrimonial Home,etc. bee footnote. Resident of Canada.etc. (SEVERALLY)SWORN before me at the this day of 19 A COMMISSIONER FOR TAKING AFFIDAVITS, ETC, 'Where affidavit made by attorney substitute: "When 1 executed the attached instnament as attorney for(name).he/she Irav(spousal status and,if applicable.name of spouse)within the meaning of Section 1(f)of The Family Law Reform Act,1978.and when he/she executed the power of attorney, he/she had attained the age of majority'. •'Where spouse does not join in or consent,see Section 42(3)of The Family Law Reform Act, 1978 (or complete separate affidavit). THIS IS SCHEDULE "A" TO THE AGREEMENT WHICH HAS BEEN AUTHORIZED AND APPROVED BY BY-LAW NO. OF THE TOWN OF NEWCASTLE ENACTED AND PASSED THE DAY OF 1981. SCHEDULE „A e� , ALL AND SINGULAR that certain parcel or tract of land and preniaeo situate,lying and being in the Town of Bowmanville, County of Durham, Province of Ontario, and being composed of all of Town Lots nurnbgred 1,2,3,4,5,11,12,13, part of Town lots numbered 6,7,14 and 15 and - part of an unopened lane all in Block "K", part of unopened George ,S-treet and part of Block "N", all according tc, the Smart Plan of Subd v3 sion made by L.H.Short, P.L.S., dated the fourth day of May, 1858, and part of unsubdivided Lot 10, in the Broken Front Concession of the Township of Darlington, and now within the limits of the said _ -cmin of Bowmanville, containing by admeasurement 5.2 acres, be the aam6 more or less, the boundaries of the said parcel being more partlzular ly described as follows: , - PREMISING that Simpson Avenue in front of Blacks "K" and "Q" h�a, a' bearing of North 19 degrees 54 minutes West and relating all bearJbgs herein thereto; BEGINNING at the interesection of the i,Jest limit of Simpson Avenue with the South limit of a Public Road running Westerly, said inter- section 2505 feet 2 7/8 inches measured Southerly along the 1, est limit of Simpson Avenue from the intersection with the North limit of said Township Lot 10, said point hereinufter referred to as point "A" THENCE south 85 degrees 34 minutes 30 seconds West along the Scuth limit of said Public Road a distance of 1143 feet; T'rMICE South 06 degrees 30 minutes East a distance of 91 feet, 00 inches; THENCE South 31 degrees 09 minutes East a distance of 3(S6 feet 00 inches; i THENCE South 48 degrees 52 minutes East u distance of 90 feet 00 inches; TfIFIXE South 81 degrees 32 minutes :cast a distance of 340 feet 00 inches; i THENCE South 68 degrees 19 minutes East a dista�.ce of 91 sect 6 inche to the point of commencement of the lands to be herein described; TH ICE South 56 degrees 06 minutes E3at a distance of feet 00 inches; =1,TCE South 38 degrees 35 minutes T', st a distance of 4'--)5 feet 00 inches; f THENCE North 70 decrees 00: minutes East a distance of 110+ feet to the West limit of said Simpson Avenue; tr'1-MICE North 43 degrees 38 minutes ilest GlonE. said li.,cst li7-,,,it a dis- tance of 83 feet 10 inches; i TFIEFCF North 19 degrees 54 minutes West continuing along said West limit a distance of 314 feet 1 inch more or less to a point distant 642 feet 00 inches measured Southerly therein from Point "A"; THENCE Westerly in a straight line a distance of 670 feet more or less to the POINT OF COP.11rF: ICE=T. NOW SITUATED IN THE TOWN OF NEWCASTLE, IN THE REGIONAL MUNICIPALITY OF DURHAM. l IN WITNESS WHEREOF the said Owners hereto have h re to set their hands and seals. t� SIGNED, SEALED AND DELIVERED ) � IN THE PRESENCE OF r! ROBERT IRVING GILL, the Senior I / ROBERT IRVING GILL, the Junior. IN WITNESS VHEREOF the Corporation of the Town of Newcastle has affixed it's corpor tE i seal by the hand of it's proper signing officers duly authorized in that behalf. THE CORPORATION OF THE TOWN OF NEWCATLE PER: ,Mayor PER: _ ,__ ,Clerk THIS IS SCHEDULE "B" to the Agreement which as been authorized and approved by By-Law No. of the Town of Newastle , enacted . and passed the day of 1981. AFFIDAVIT OF OwNEI2SIIIR I, Robert Irving Gill, the Junior make oath and say as follows : ii 1. I am one of the owners described in the attached Development Agreement and as such have knowledge of the matters s hereinafter deposed to. 2 . Robert Irving Gill, the Senior and Robert Irving Gill, the Junior received a conveyance in fee simple to the lands described in Schedule "A" hereto by a Deed registered as Instrument No. 64644 for the Registry Division of Newcastle (No. 10) on the 23rd day of January, 1974 . The transfer was not subject to any mortgages . Sworn before me at the Town of Newcastle in the Regional ) � ; Municipality of Durham this ) „f ROBERT -I'RVING-GILL, the Junior { day ofds, , / , 1981 A Commissionet etc. I� I� i I i 4 f i f I I J P I I i E i I i f, Dated 1981. I ROBERT IRVING GILL, SR. ' AND ROBERT IRVING GILL, JR. I AND THE CORPORATION OF THE TOWN OF NEWCASTLE 'A G R E E M E N T 1 I Irwin A. Hamilton, Barrister & Solicitor, P. 0. Box 357, 43 Ontario Street, Bowmanville, Ontario. LIC 2S4 .