HomeMy WebLinkAboutBy-law 935/79THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW N0.935/79
Being a by-law to authorize the execution
of a Site Plan Agreement between 353564
Ontario Limited and the Corporation of the
Town of Pickering respecting Part Lot 30,
Range 3, Broken Front Concession (Part 1,
Plan 40R-4825) (LD 423/78)
WHEREAS, by Decision dated November 27th, 1978, the Land
Division Committee of the Regional Municipality of Durham
approved an application for severance of Part Lot 30, Range 3,
Sroken Front Concession (Part 1, Plan 40R-4825), subject to
certain conditions, one of which requires a Site Plan Agreement
to be entered into with the Town;
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 353564 Ontario Limited and the
Corporation of the Town of Pickering respecting Part
Lot 30, Range 3, Broken Front Concession (Part 1,
Plan 40R-4825) (LD 423/78).
BY-LAW read a first, second and third time and finally passed
this 8th day of January, 1979.
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SCHEDULE "A"
THIS AGREEMENT made in duplicate this
1979.
BETWEEN:
day of
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter referred to as the "Town"
OF THE FIRST PART,
- and -
353564 ONTARIO LIMITED
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 wishes to deal with those lands and
premises in a certain manner;
AND WHEREAS the Owner is there£ore required by Decision,
dated the 27th day of November, 1978, of the Land Division
Committee of the Regional Municipality of Durham to enter into
a certain Agreement or Agreements with the Town;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT, in consid-
eration of mutual benefits, the Parties hereto agree as fol-
lows:
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 affected hereby 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 (12)
months of the date o£ 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 information set out in Schedule "B" hereto and
must be approved by the Town prior to any construc-
tion being commenced.
- 2 -
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.
6. Only one architectural or engineering firm shall be
used and employed by the Owner for the development
of the lands and premises affected hereby.
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 described
are situate, especially but not necessarily limited
to the requirements of By-Law 3036, as amended.
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, the Ministry of Transporta-
tion and Communications, 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, the Ministry of
Transportation and Communications, and the Regional
Municipality of Durham, and, upon receipt of such
approvals, the said proposals shall be implemented
only as approved.
10. This Agreement and everything contained herein shall
enure to the benefit of and be binding upon the Par-
ties hereto and their successors and assigns.
IN WITNESS WHEREOF the Parties hereto have hereunto affixed
their corporate seals attested by the hands of their duly
authorized officers.
SIGNED, SEALED and DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
r
353564 ONTARIO LIMITED
Per:
Per:
SCHEDULE "A"
All and singular that certain parcel or tract of lands 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 that part of Lot 30, Range 3,
Broken Front Concession, designated as Part 1 on a plan of
survey of record filed in the Registry Office for the Regis-
try Division of Durham as Plan No. 40R-4825.
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 electric power and gas connections;
(j) Locations, types and colours of all exterior signs,
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;
(m) Locations of all loading and unloading facilities;
(n) Locations of all garbage storage facilities;
(o) Locations and specifications of all proposed fire access
routes and standpipes.
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R}(;I� .AL 19UNICIPALITY GF DURHAM
LAND DIVISION C011I�ITTFE DECISION
In the matter of Sectior.s 29 & 30
of The Planning Act R.S.O_ 1970 as amended
� November 27, 1978
File LD 423/78 Submission B397/78
353564 Ontario Limited
Part of Lot 30, Range 3, Broken Front Concession
Town of Pickering
A1r. Harold Gardner was present on behalf of this application,
accompanied by D1r. Ferreira the proposed purchaser. No
further representation was present in favour of or oppased
to the application.
The proposal involves the severance of .6 hectare corunercial
building lot from 2.2 hectare parcel of land supporting a
two storey house.
The Committee in discussing the application stated that
Regional Health Unit required the pr000sed use prior to
commenting on the application. The Health Unit had been
advised that the proposed use o�as for a restaurant and
verbal comments were received stating that the area was
sufficient for sentic tank purposes, to accomodate such
but could perhans be develooed on an aerobic system.
the
not
a use
t4r. Gardner explained to the Committee that the Town of
Pickering would req_uire that any developer enter into a
site plan agreement with the Town. He felt that if this
could be satisfied as to use and other requirements, that
the Health Unit could then comment on the proposal. The
present proposal was to develop a restaurant on the
subject lands however, if this became impossible due to
private services then some other commercial development
would be proposed.
The Pdinistry o£ Transnortation in their comments have
stated that access would have to be from Rosebank Road.
The applicant stated this was no oroblem as the proposal
was in fact accessing on to Rosebank Road.
The Committee had for their in£ormation reports received
from the Regional L4orks Department, the Regional Planning
Department, the Regional Health Unit, the Town of
Pickering Plannning Department, the Ministry of
Transportation and Communication and the Town of
Pickering Works Department.
DECISION OF THE COr'IMITTEE
yOVED: G. Wandless
SECONDED: R, Bryson
THAT, Application LD 423/78 be granted as applied for as
such is for commercial develooment within a commercial
area of the Town o£ Pickering, subject to:
1. That the applicant satisfy the requirements of
the Regional Plunicipality of Durham financial
and otherwise.
2. That the applicant satisfy the Tocan of Pickering
financially.
3. That it be registered on the title of the subject
lands that prior to the issuance of any building
permit the applicant enter into a site plan
agreement to the satisfaction of the Town of
Pickering.
q. That the applicant submit two copies of a registered
reference plan for the clearance of documents.
continued............ 11/
File LD 423/78
353564 Ontario
R}GI��JAL A^.liNICIPALI'PY OF DURHAM
LAND DIVISION COMN]IT'PEE DECISION (continued)
Limit_ed
LAND DIVISION COM.MITTEE DECISION (continued)
5. That this approval shall lapse at the expiration of
two years from the date the decision is final and
binding unless all the conditions are fulfilled and
the formal consent has been released.
6. That prior to the siyning of the certificate given
by the Secretary/Treasurer that the Consent has been
given, the Secretary/Treasurer i.s to be advised in
writing bv the Reaional Municipality of Durham Works
Department that Condition �1 has been carried out
to their satisfaction.
7. That prior to the signing of the certificate given
by the Secretary/Trezsurer that the Consent has been
given, the Secretary/Treasurer is to be advised in
writing by the Town of Pickering that Conditions
'=2 and n3 has been carri2d out to their satisfaction.
--------------I. Robinson
Chairman
------------------R. Morrison
---------------R. Rahner
CARRIED UNANIMOUSLY
November 27, 1978
---------------L. Smith
Vice-Chair.����an
------------------G. Wandless
-----------------W. Allin
- --------R_ Bryson
� _P_��.�.= �
-=�---M� � Broorn
/..
,/ Assistant Secretary-Treasurer
December 27, 1978 Last Date of Appeal
December 27, 1980 Exoiry Date
� 6ereby ceAify ihat ihis i� � r�w �opy
of ihe decialon of the ounc�m 4,d �ivL
sion Comminee and ihis r.dv:on r.c <cm
<vrrcd in bY a mslorip' �' *he c.c¢S�O
who heerd dv- appu�=:'�on.
_ . ......__ _
S.ur.ary.rnnurll
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