Loading...
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