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HomeMy WebLinkAboutBy-law 970/79THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 970/79 Being a by-law to authorize the execution of a Site Plan Agreement between the Corporation of the Town of Pickering and LaFontaine Lodge Limited respecting Part Lot 20, Concession 1, Pickering (PCA 34-5/78) WHEREAS, by Decisions dated August 24th, 1978 and November 23rd, 1978, the Town of Pickering Committee of Adjustment approved variance applications PCA 34-5/78 subject to certain conditions, one of which was that the applicant 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 LaFontaine Lodge Limited respecting Part Lot 20, Concession 1, Pickering (PCA 34-5/78). BY-LAW read a first, second and third time and finally passed this 19th day of March , 1979. SCHEDULE "A" TO BY-LAW 970/79 THIS AGREEMENT MADE in duplicate this /?? day of l? 1979. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING hereinafter referred to as the "Town" OF THE FIRST PART, - and - LaFONTAINE LODGE LIMITED hereinafter referred to as the "Owner" OF THE SECOND PART. WHEREAS section 5.26 of By-Law 3036, as added by By-Law 190/75, placed all lands referred to in By-Law 3036 under development control pursuant to the provisions of section 35a of The Planning Act, R.S.O. 1970, chapter 349, 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 redev- elopment of the lands affected hereby and any buildings con- structed or to be constructed 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 shall be altered and erected on the lands hereinbefore described until a site plan or plans displaying the following information is or are submitted 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; - 2 - (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; (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 garbage storage facilities; and (p) locations and specifications for all pro- posed standpipes and the locations of all proposed fire routes. 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 information re- quired in section 2 and must be approved by the Town prior to any construction being commenced. 5. Any works required to be done on road allowances shall be done according to the specifications of the relevant authority and be subject to the approval of such author- ity. 6. Only one architectural or engineering firm shall be used and employed by the Owner for the development of the lands hereinafter described. 7. The Owner shall comply with any and all zoning require- ments in force at any time and pertaining to the area within which the lands hereinbefore described are sit- uate, 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 - 3 - the approval of the Town 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 and upon receipt of such approvals the said proposals shall be implemented only as approved. 10. The Owner agrees that, as a condition of the granting by the Town of Pickering Committee of Adjustment of variances in applications PCA 34/78 and PCA 35/78 was "that the building be limited to one (1) storey only", no plan submitted to the Town pursuant to the provi- sions of section 2 hereof shall display any proposed building or buildings having a height exceeding one storey. 11. This Agreement and everything contained herein shall enure to the benefit of and be binding upon the Part- ies hereto and their successors and assigns. IN WITNESS WHEREOF the Parties hereto have affixed their respective corporate seals attested by the hands of their duly authorized officers. SIGNED, SEALED and DELIVERED THE CORPORATION OF THE TOWN OF PICKERING M or LaFONTAINE LODGE LIMITED Per: Per: SCHEDULE "A" ALL AND SINGULAR that certain parcel or tract of land and pren- ises situate, lying and being in the Town of Pickering, in the Regional Municipality of Durham (formerly the Township of Pickering, in the County of Ontario) and being composed of those parts of Lot Number Twenty (20) in the First Concession of the said Town (formerly Township) more particularly known and described as follows: FIRSTLY, COMMENCING at a point in the easterly limit of the Concession Road or side road between Lots Numbers Twenty (20) and Twenty-one (21) in the said Concession, the said point being distant one thousand three hundred and ninety-three (1,393') feet measured northerly from the stake planted at the north-east corner of Kingston Road and the said side road, the said point being the north-west angle of Lot Number Ten (10) on the unregistered plan attached to instrument regis- tered as Number 15896 for the Town of Pickering (formerly Township of Pickering); THENCE EASTERLY in a straight line at right angles to the said Concession Road, six hundred and sixty (660') feet to a stake; THENCE SOUTHERLY and parallel with the said Concession Road, one hundred and thirty-two (1321) feet; THENCE WESTERLY in a straight line and parallel with the north- erly limit of the lands herein described six hundred and sixty (600') feet to a point in the easterly limit of the said Con- cession Road distant one hundred and thirty-two (132') feet from the north-west angle of Lot Number Ten (10) aforesaid; THENCE NORTHERLY along the easterly limit of the said Conces- sion Road, one hundred and thirty-two (132') to the place of beginning, contai-ing by admeasurement Two (2) acres, the said lands being the northerly one hundred and thirty-two (132') feet from front to rear of Lot Number Ten (10) of an unregistered plan attached to said instrument registered as Number 15896 for the Town of Pickering (formerly Township of Pickering). SUBJECT to a permanent easement in perpetuity in favour of Her Majesty the Queen in right of Ontario as Represented by the Minister of the Environment for the construction of a sewer/water main or mains over Part 14 on Registered Plan 40R-3530, registered in the Land Registry Office for the Registry Division of Durham (No. 40). AND SUBJECT to a temporary easement in favour of Her Majesty the Queen in right of Ontario as Represented by the Minister of the Environment for access for the construction of a sewer/water main or mains over Part 13 on the said Regis- tered Plan 40R-3530 for accession purposes for a period not to exceed twelve (12) months from the date of commencement of construction. AND SECONDLY, COMMENCING at a point in the West limit of Lot 20 distant five hundred and fourteen feet six inches (514'6") measured South seventeen degrees six minutes thirty seconds East (S.17006'30"E) therein from the north-west angle thereof; THENC9 SOUTH seventeen degrees six minutes thirty seconds East (S.17 06'30"E.) a distance of one hundred and forty-five feet six inches (145'6") to a point in a fence running easterly; THENCE NORTH seventy-two degrees twenty-three minutes forty seconds East (N.72023'40"E.) along said fence a distance of six hundred and fifty-four feet (654'00") to a point in a fence running northerly; -2- THENCE NORTH twenty degrees ten minutes West (N.20010'W.) along said fence a distance of one hundred and thirty-nine feet nine inches (13919") to a point distant six hundred and forty-five feet seven inches (645'7") measured northerly seventy-two degrees fifty-three minutes thirty seconds East (N.72 53'30"E.) from the point of commencement thereof; THENCE SOUTH seventy-two degrees fifty-three minutes thirty seconds West (S.72053'30"W.) a distance of six hundred and forty-five feet seven inches (645'7") to the point of com- mencement. SUBJECT TO a permanent easement in perpetuity in favour of Her Majesty the Queen in Right of Ontario as Represented by the Minister of the Environment for the construction of a sewer/water main or mains over Part 11 on Registered Plan Number 40R-3530, registered in the Land Registry Office for the Registry Division of Durham (No. 40). AND SUBJECT TO a temporary easement in favour of Her Majesty the Queen in Right of Ontario as represented by the Minister of the Environment for access for the construction of a sewer/water main or mains over Parts 10 and 12 on said Reg- istered Plan 40R-3530 for accession purposes, for a period not to exceed 12 months from the date of commencement of construction. p_ a zj, z r ~ LAND D Ip D O x m . 1919 UY 18 f,f 4 15 roNH ro r 10 rt 0 ~ 7' o m r K x 0 ro rt w ro w X N N W (D O O X ` O N• ?l (D ?n rt K LA O r w p K 0 O O P- 0 0 a r L1 z H r w ro O z H H z M r O t7 G) r r H 3 H H h7 U lk 1 ? iJ co °. ` CD ( w .ts a ( H x n O ro 00 ro? ro H H H x0 h7 ?d 0 Lz) H x H N v H 0 J 11