HomeMy WebLinkAboutBy-law 820/78THE CORPORATION OF THE TOWN OF PICKERING
BY-LA69 NUMBER 820/78
Being a By-law
of a Site Plan
Developments L
of the Town of
development of
revised.
to authorize the execution
Agreement between Eaglebrook
Lmited and the Corporation
Pickering respecting the
Block E, draft Plan 18T-77080,
WHEREAS pursuant to the provisions of subsection (c) of section 24
of the Subdivision Agreement dated June 5, 1978 between Eaglebrook
Developments Limited and Ballycroy Investments Limited and the
Corporation of the Town of Pickering, respecting the development
of the lands described in draft Plan Number 1ST-77080, revised,
the development of Block E therein is subject to the entering
into by the owner thereof, with the Town, of a Site Plan Agreement
respecting Block E;
AND WHEREAS Eaglebrook Developments Limited is the owner, in fee
simple of Block E, draft Plan Number 18T-77080, revised;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
PICKERING HEREBY ENACTS, as follows:
1. The Mayor and Clerk are hereby authorized to
execute a Site Plan Agreement in the form
attached hereto as Schedule "A" between
Eaglebrook Developments Limited and the Cor-
poration of the Town of Pickering respecting
the development of Block E, draft Plan Number
18T-77080, revised.
By-law read a first, second and third time and finally passed
this 5th day of June , 1978.
I
SCHEDULE "A" to By-law Number 820/78
THIS AGREEMENT made in dupl-i.cate this day of
1978.
BETWEEN:
E CORPORATION OF TIIS TOWN OF PICKERING
hereinafter referred to as the "Town"
OF THE FIRST PART,
- and -
EAGLEBROOK DEVELOPMENTS LIMITED
hereinafter referred to as the "Owner"
OF THE SECOND PART.
2511( WHEREAS section 5.26 of By-Law 3CD{3fi,- as amended by By-
Law 190/75, placed all lands referred to in By-Law xs0dftt 2511
under development control pursuant to the provisions of sec
tion 35a of The Planning Act, R.S.O. 1970, chapter 399, as
amended by S.O. 1973, chapter. 168;
AND WHEREAS, therefore, the Town requires the Owner to
enter into an Agreement with it prior to development or re-
development of the lands affected hereby and any buildings
constructed or to be constructed thereon;
AND WHEREAS the Owner is the owner in fee simple of
the lands affected hereby and wishes to develop and redevelop
said lands and the buildings thereon;
NOW THEREFORE this Agreement witnesseth that in consid-
eration of mutual benefits, the Parties hereto agree as
follows:
1. The lands affected by this Agreement are those lands
and premises more particularly described in Schedule
"A" hereto.
2. No building or buildings will be erected on the lands
hereinbefore described until a site plan or plans
displaying the following information is or are sub-
mitted to the Town by the Owner and approved by the
Town:
(a) location of proposed building or buildings;
(b) height of proposed building or buildings;
(c) locations of proposed entrances and exits
to proposed buildings;
(d) locations of proposed entrances and exits
to abutting roads;
(e) area and location of lands to be used for
parking;
(f) elevations of proposed buildings, indica-
ting proposed exterior material types and
colours;
(g) proposed landscaping features;
(h) use of lands not covered or to be covered
by buildings;
(i) locations of all hydro-electric power and
gas;
-2-
(j) locations, types and colours of all exter-
ior signs;
(k) locations and types of all exterior light-
ing fixtures and standards;
(1) locations of all loading and unloading
facilities;
(m) locations and types of all proposed fenc-
ing;
(n) proposed grading of the lands and provi-
sions for storm and sanitary drainage and
water service;
(o) locations of all proposed fire routes; and
(p) locations and specifications for all pro-
posed standpipes.
3. Upon approval by the Town of the site plan or plans,
the proposed buildings and other works shown on the
plan or plans shall be erected in conformance with
the plan or plans.
4. If construction has not commenced within one (1) year
of the date of approval of the plan or plans, the plan
or plans shall become null and void and a new site
plan or plans must be submitted displaying the infor-
mation required in section 2 and must be approved by
the Town prior to any construction being commenced.
5. Any works required to be done on
be done according to the specifi
want authority and be subject to
authority.
6. only one architect shall be used
Owner for the development of the
described.
road allowances shall
rations of the role-
the approval of such
and employed by the
lands hereinafter
7. (1) The owner shall comply with any and all zoning
requirements in force at any time and pertain-
ing to the area within which the lands herein-
before described are situate, especially but
not necessarily limited to the requirements of
By-Law 2511 as amended from time to time.
(2) The Owner agrees not to object to the approval
of an amendment to By-Law 2511,
(a) designating the lands affected hereby
as Local Commercial (Cl), and
(b) limiting the uses to be permitted
thereon to the following:
(i) 0 neighbourhood stores
"having a maximum xcyyxw? net/
floor area of 4,000 -
?isquare feet;
(ii) acx eating establishment: ;
(iii(' xi service store:;"
(iv) ac bake shop:
(v) ac dry cleaning and laun-
l dry collecting station S;
and
(v3K_ 'x business offices.
i
-
8. The Owner agrees that all proposals for exterior signs
and exterior lighting of all types shall be subject to
the approval of the Town and the Regional Municipality
of Durham, and, upon receipt of such approvals, the
said proposals shall be implemented only as approved.
9. The Owner agrees that all proposals for access to and
from public lands, including roadways, shall be sub-
ject to the approval of the Town.
10. The Owner agrees to permit vehicle and pedestrian
access from the lands affected hereby to the presently
undeveloped commercial lands located immediately west
of the lands affected hereby, if such access is re-
quired, in the Town's opinion, for the appropriate
development of those lands.
11. This Agreement and everything contained herein shall
enure to the benefit of and be binding upon the
Parties hereto and their successors and assigns.
II
IN WITNESS WHEREOF the Party of the First Part has
hereto affixed its corporate seal attested by the hands of
its duly authorized officers and the members of the Party
of the Second Part have each hereunto set their hands and
seals.
SIGNED, SEALED and DELIVERED
T11 CORPORATION OF THE TOWN OF PICKERING
I ( ? a4
or
EAGLEBROOK
Per:
i?
i
II
II
r
Per:
S LIMITED
SCHEDULE "A"
All and singular that certain parcel or tract of land and
premises situate, lying and being in the Town of Pickering,
in the Regional Municipality of Durham and Province of
Ontario and being composed of the whole of Block "E" accord-
ing to a Plan registered in the Land Titles Office for the
Registry Division of Durham as Plan No. M-
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