HomeMy WebLinkAboutBy-law 837/78THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 837/78
Being a By-law to authorize the execution
of a Development Agreement between Orange-
brook Developments Limited and the Corpor-
ation of the Town of Pickering respecting
Part Lot 20, Range 3, Broken Front Con-
cession.
WHEREAS Orangebrook Developments Limited wishes to develop
certain lands in Part Lot 20, Range 3, Broken Front Concession,
which lands have been placed under development control pursuant
to the provisions of By-law 2511, as amended by By-law 190/75;
AND WHEREAS Orangebrook Developments Limited and the Corporation
of the Town of Pickering have agreed upon certain matters
related to the development and re-development of the subject
lands;
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 Development Agreement in the form
attached hereto as Schedule "A" between
Orangebrook Developments Limited and the
Corporation of the Town of Pickering respect-
ing the development and re-development of
Part of Lot 20, Range 3, Broken Front Con-
cession.
BY-LAW read a first, second and third time and finally
passed this 19th day of June , 1978.
TOWN OF
PICKERING
APPROVED
AS TO FORM
LEGAL DEPT.
(AAyor
THIS IS SCHEDULE "A" TO BY-LAW NUMBER 837/78
THIS AGREEMENT made in duplicate this day of \')"P-
1978.
B E T W E E N:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter referred to as the "Town"
OF THE FIRST PART,
- and -
ORANGEBROOK DEVELOPMENTS LIMITED
hereinafter referred to as the "Owner"
OF THE SECOND PART
WHEREAS section 5.26 of By-law 2511, as amended by By-
law 190/75, placed all lands referred to in By-law 2511
under development control pursuant to the provisions of sec-
tion 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 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 building thereon;
AND WHEREAS the Owner and the Town have agreed upon
certain other matters unrelated to the provisions of the
Planning Act, but which relate to the development and re-
development of the lands affected hereby;
NOW THEREFORE this Agreement witnesseth that in consid-
eration of the mutual covenants and agreements herein con-
tained and subject to the terms and conditions hereinafter
set out, 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
affected hereby 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;
(f) elevations of proposed buildings, indica-
ting proposed exterior material types and
colours;
(g) proposed landscaping features;
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(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 exterior
signs;
(k) locations and types of all exterior lighting
fixtures and standards;
(1) locations of all loading and unloading facilities;
(m) locations and types of all proposed fencing;
(n) proposed grading of the lands and provisions
for storm and sanitary drainage and water
service;
I
(o) locations of all proposed fire routes;
(p) locations and specifications for all proposed
standpipes; and
(q) locations and specifications of all proposed
garbage storage facilities.
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 road allowances shall
be done according to the specifications of the rele-
vant authority and be subject to the approval of such
authority.
6. Only one architectural or engineering firm shall be
used and employed by the Owner for the development
of the lands affected hereby.
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 affected hereby are
situate, especially but not necessarily limited to
the requirements of By-law 2511 as amended from time
to time.
8. The Owner agrees that all proposals for exterior signs
and exterior lighting of all types shall be subject to
the approval of the Tom and, upon receipt of such
approval, 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
j of such approval, the said proposals shall be imple-
mented only as approved.
10. The Town agrees that the Owner may develop the lands
affected hereby in not more than four stages and that
in the event that the owner chooses to develop the
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said lands by stages then in that event-the plans
required to be submitted in section 2 hereof, and
the approvals required to be obtained in sections
2, 5, 8 and 9 may be submitted and obtained on a
stage by stage basis, provided however that in its
consideration of any plan or proposal-the Town or
any other relevant authority may take into account,
inter alia, any approved plan or proposal for a
previous stage.
11. (a) The Owner agrees to make improvements to the
road allowance abutting the westerly boundary
of the lands affected hereby, known as Sandy
Beach Road, as required by the Town.
(bj Such improvements shall include, but not
necessarily be limited to the re-location
and piping of storm drainage, boulevard
improvements and driveway entrance im-
provements.
12. The Owner agrees to install a storm sewer, to the sat-
isfaction of the Town, from the existing outlet of
the Krosno water course, located on the Sandy Beach
Road road allowance approximately 270 feet north of
the southwest corner of the lands affected hereby,
to an outfall to be constructed by the Owner and to
be located approximately 130 feet south of the southern
boundary of the lands affected hereby and 100 feet east
of the easterly boundary of the Sandy Beach Road road
allowance; such storm sewer shall be constructed to
the specifications of the Town, taking into account
that all or part of the southerly 120 feet thereof
will ultimately be under the proposed Dreyer Drive
road.
13. The Owner agrees to channelize the existing water
course entering the lands affected hereby approxi-
mately 610 feet north of the southeast corner of
such lands and to divert such water course southerly,
along or adjacent to the easterly boundary of the
lands and westerly inside the southerly boundary
of the lands to a point approximately 230 feet east
of the easterly boundary of the Sandy Beach Road
road allowance; the Owner agrees to construct a
storm sewer to the satisfaction of the Town from the
end of the channelization at the latter point southerly
to the outfall to be constructed by the Owner pursuant
to the provisions of section 12 above.
14. The Owner agrees to provide a looped fire line water-
main to the specifications of, and the satisfaction of
the Fire Chief of the Town of Pickering Fire Department.
15. The Owner shall arrange at no cost to the Town for
granting to the Town such easements as the Director
of Public Works or his designate shall deem necessary
for the provision of storm sewer services both within
the boundaries of the development and across lands ad-
jacent to the development but outside its boundaries.
Such easements shall be subject to the approval of the
Director of Public Works or his designate as to their
location and width. The construction of any services
in such easement or easements shall not commence until
the easement has been acquired, unless permission to do
so has been obtained by the Owner in writing from the
Town and from the registered owner of the lands across
which these shall lie.
16. This Agreement and everything contained herein shall
enure to the benefit of and be binding upon the Parties
hereto, their successors and assigns.
IN WITNESS WHEREOF the Parties hereto have affixed
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their corporate seal attested by the hands of their
duly authorized officers.
Ii ..
SIGNED, SEALED AND DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
I
ORANGEBROOK DEVELOPMENTS LIMITED
Per:
Per:
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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 that part of Lot 20, Range 3,
Broken Front Concession, more particularly described as
follows:
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