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HomeMy WebLinkAboutBy-law 887/78THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 887/78 Being a by-law to authorize the of Site Plan Agreements between Di Ciero and The Corporation of of Pickering and between Salvat, and The Corporation of the Town (PCA 71-2/77). execution Maria the Town ire Di Ciero of Pickering WHEREAS, by decisions dated November 24th, 1977, the Town of Pickering Committee of Adjustment approved variance appli- cation PCA 71/77 and PCA 72/77 subject to certain conditions, one of which was that the applicant, in each case, enter into a Site Plan Agreement with and to the satisfaction of the Town of Pickering; 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 The Corporation of the Town of Pickering and Maria Di Ciero with respect to Part Lot 161, Plan 816 (PCA 71/77). 2. The Mayor and Clerk are hereby further authorized to execute a Site Plan Agreement in the form attached hereto as Schedule "B" between The Corporation of the Town of Pickering and Salvatore Di Ciero with respect to Lot 162, Plan 816 (PCA 72/77). BY-LAW read a first, second and third time and finally passed this 11th day of September , 1978. e „? 6,? ,tom ,- Clerk SCHEDULE "A" THIS AGREEMENT made in duplicate this 11th day of September, 1978. BETWEEN: THE CORPORATION OF THE TOWN OF PI hereinafter referred to as the "Town" OF THE FIRST PART, - and - MARIA DI CIERO, of the Town of Pickering in the Regional Municipality of Durham hereinafter referred to as the "Owner" OF THE SECOND PART. WHEREAS the Owner is the owner in fee simple of certain lands and premises more particularly described in Schedule "A" hereto; AND WHEREAS the Owner is required to enter into a site plan agreement with the Town as a condition of the approval by the Committee of Adjustment of the Town of Pickering of an application made by the Owner for a variance from certain provisions of By-Law 3036 (PCA 71/77); NOW THEREFORE THIS AGREEMENT WITNESSETH THAT, in con- sideration of mutual benefits, the Parties hereto agree as follows: 1. The lands and premises 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 and premises hereinbefore described until a site plan or plans displaying the information set out in Sche- dule "B" hereto is or are submitted by the Owner to the Town and approved by it. 3. Upon approval by the Town of any 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 twelve months 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 set out in Schedule "B" hereto and must be approved by the Town prior to any construction being commenced. 5. Any works required to be done on Town road allowances shall be done according to the specifications of the Town and subject to the approval of the Town's Direc- tor of Public Works or his designate. - 2 - 6. Only one architect shall be used and employed by the Owner for the development of the lands herein- after described. 7. The Owner shall comply with any and all zoning re- quirements in force at any time and pertaining to the area within which the lands hereinbefore des- cribed are situate, especially but not necessarily limited to the requirements of By-Law 3036 as varied by the decision, dated November 24th, 1977 of the Committee of Adjustment of the Town of Pickering (PCA 71/77). 8. The Owner further agrees that no use presently existing on the lands affected hereby (i.e. auto- mobile service station, warehouse, and restaurant and residence combined) shall be enlarged or extended by the erection of any building or addition thereto beyond the original lot boundary of Lot 161, Plan 816. THIS AGREEMENT and everything contained herein shall enure to the benefit of and be binding upon the Parties hereto and their successors and assigns. 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 Party of the Second Part has hereunto affixed her hand and seal. SIGNED, SEALED and DELIVERED THE CORPORATION OF THE TOWN OF PICKER In the presence of Maria Di Ciero SCHEDULE "A" All and singular that certain parcel or tract of land and prem- ises 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 Lot 161 according to a plan reg- istered in the Registry Office for the Registry Division of Durham as Plan No. 816. SCHEDULE "B" (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, indicating 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; (j) Locations and types of all exterior lighting fixtures and standards; (k) Locations and types of all proposed fencing; (1) Proposed grading of the lands and provisions for storm and sanitary drainage and water service. co r - m r-4 r-A r-q C? W H Q ?S 0 E W x H W 0 c7 z H x ? W x o U C H ro a i O z O H O a 0 U w x H 4 41 a? ? rt ? RI Ox v !Z U rI H a v ro U G 0 N H O ri '3 Q roQ ?C 3 Ow H O.r{ O +? v u 0 0 a E z W W 'c3 O UP ro-H r 0 p .,, a m ?4 4J a) q r- 14 O O U +) .r? U7 a CP O) ?:: G w .q H r 0 x 14 U v 1 ? o X a? U> o?a4H HHaa SCHEDULE "B" THIS AGREEMENT made in duplicate this 11th day of September, 1978. BETWEEN: THE CORPORATION OF THE TOWN OF PICRERING hereinafter referred to as the "Town" OF THE FIRST PART, - and - SALVATORE DI CIERO, of the Town of Pickering in the Reqional Municipality of Durham hereinafter referred to as the "Owner" OF THE SECOND PART. WHEREAS the Owner is the owner in fee simple of certain lands and premises more particularly described in Schedule "A" hereto; AND WHEREAS the Owner is required to enter into a site plan agreement with the Town as a condition of the approval by the Committee of Adjustment of the Town of Pickering of an application made by the Owner for a variance from certain provisions of By-Law 3036 (PCA 72/77); NOW THEREFORE THIS AGREEMENT WITNESSETH THAT, in consid- eration of mutual benefits, the Parties hereto agree as follows: 1. The lands and premises affected by this Agreement are those lands and premises more particularly des- cribed in Schedule "A" hereto. 2. No building or buildings will be erected on the lands and premises hereinbefore described until a site plan or plans displaying the information set out in Schedule "B" hereto is or are submitted by the Owner to the Town and approved by it. 3. Upon approval by the Town of any 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 twelve months 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 sub- mitted displaying the information set out in Schedule "B" hereto and must be approved by the Town prior to any construction being com- menced. -2- 5. Any works required to be done on Town road allow- ances shall be done according to the specifica- tions of the Town and subject to the approval of the Town's Director of Public Works or his desig- nate. 6. Only one architect shall be used and employed by the Owner for the development of the lands here- inafter described. 7. The Owner shall comply with any and all zoning requirements in force at any time and pertaining to the area within which the lands hereinbefore described are situate, especially but not neces- sarily limited to the requirements of By-Law 3036 as varied by the decision, dated November 24th, 1977 of the Committee of Adjustment of the Town of Pickering (PCA 72/77). 8. The Owner further agrees that no use presently existing on the lands affected hereby (i.e. small engine rental and repair shop) shall be enlarged or extended by the erection of any building or addition thereto beyond the original lot boundary of Lot 162, Plan 816. THIS AGREEMENT and everything contained herein shall enure to the benefit of and be binding upon the Parties hereto and their successors and assigns. 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 Party of the Second Part has hereunto affixed his hand and seal. SIGNED, SEALED and DELIVERED THE CORPORATION OF THE TOWN OF PICKERING yor In the presence of Salvatore Di Ciero 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 Lot 162 accord- ing to a plan registered in the Registry Office for the Registry Division of Durham as Plan No. 616. SCHEDULE "B" (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, indicating 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; (j) Locations and types of all exterior lighting fixtures and standards; (k) Locations and types of all proposed fencing; (1) Proposed grading of the lands and provisions for storm and sanitary drainage and water service. r ro F H H F- J O C X CD N (D C) Fl N 0 J F - F - M d d wn ro N r- rt n o? rt K w ryj r- K o ?j o Rl z H N- ts O rt M (D rt Co U ((D N W H > O r- O H taw ?o G N O G ro F- n 0 H n F x t? 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