HomeMy WebLinkAboutBy-law 871/78THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 871/78
Being a By-law to authorize the execution
of a Site Plan Agreement between the Cor-
poration of the Town of Pickering and
Bramblewell Developments Limited respect-
ing Part Lot 25, Plan 350 (Part 2, Plan
40R-4306) (LD 522/77)
WHEREAS by decision dated January 9, 1978, the Land Division
Committee of the Regional Municipality of Durham approved
severance application 522/77, made by Bramblewell Developments
Limited, subject to several conditions, one of which requires
that a certain agreement be entered into with 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" be-
tween the Corporation of the Town of
Pickering and Bramblewell Developments
Limited respecting Part Lot 25, Plan
350 (Part 2, Plan 40R-4306) (LD 522/77).
BY-LAW read a first, second and third time and finally passed
this 8th day of August , 1978.
TOWN OF
PICKERING
APPRGVED
AS TO FOR"
I L[GA[J DCPT_.
Clerk
SCHEDULE "A" TO BY-LAW NUMBER 871/78
THIS AGREEMENT made in duplicate this day of
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 -
BRAMBLEWELL DEVELOPMENTS 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 therefore required by
Decision, dated the 9th day of January, 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
consideration 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 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
submitted displaying the information 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 Director of Public Works
or his designate.
6. only one architect 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 situate, especially
but not necessarily limited to the requirements of By-law 2511,
as amended, or any successor thereto.
- 2 -
8. (1) Notwithstanding the provisions of section 7 hereof,
the Owner further agrees to comply with the terms and condi-
tions, policies and recommendations contained in the Town's
Rosebank Secondary Plan, as adopted by the Council of the Town
on June 21st, 1976 , including but not necessarily limited to,
the Rosebank Tertiary Plan, and with the terms and conditions,
policies and recommendations of any amendments thereto.
(2) Without limiting the generality of subsection 1, the
Owner specifically agrees to obtain an amendment or amendments,
as required, to the Rosebank Secondary Plan, and to the Region
of Durham official Plan if the Rosebank Secondary Plan has
been made a part thereof as a community plan, to delete, or
obtain an exemption from, the open space designation on the
lands and premises affected hereby, prior to any application
for a building permit being made with respect to those lands
and premises.
9. Notwithstanding the provisions of any by-law or other
zoning regulation, the Owner further agrees to maintain a
minimum unobstructed rear yard of one hundred and eighty feet
(180') on the lands affected hereby.
10. (1) The owner further agrees that, when requested to do so
by the Town, it shall convey lands, sufficient in the Town's
opinion to complete an interior loop roadway north of Toynevale
Road, to the Town free and clear of all encumbrances and at no
cost to the Town whatsoever.
(2) Upon such conveyance being completed, the Owner shall
forthwith proceed to construct such roadway and related services,
including but not necessarily limited to, storm sewers, curbs,
gutters, boulevards and street lights, to the Town's standards,
on the lands conveyed and at no cost to the Town whatsoever.
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.
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
hereto affixed its corporate seal attested by the hands of its
duly authorized officers
SIGNED, SEALED and DELIVERED
THE CORPORATION OF THE TOWN
OF PICKERING
Mayor
Administrator-Clerk
BRAMBLEWELL DEVELOPMENTS
LIMITED
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 25, according
to Plan 350, registered in the Registry Office for the
Registry Division of Durham, designated as Part 2 on a plan
of survey of record registered in the said Office as Plan
40R-4306.
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.
TOWN OF PICKERING
Planning Department
PT. LT. 25 PLAN 350
Application No. Applicant
LD 5228523/77 8romblewell Dev. Ltd.
Date Scale
Aug. 1 1978 1: 480D