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HomeMy WebLinkAboutBy-law 984/79THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 984/79 Being a by-law to authorize the execution of a Site Plan Agreement between the Corporation of the Town of Pickering and Ronald Morris Lewis and Marilyn Joan Lewis with respect to Part Lots 2 and 9, Plan 230, Pickering. WHEREAS, section 5.26 of By-Law 3036, as amended 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 redevelopment of the lands and premises affected hereby and any buildings constructed or to be constructed thereon; 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 "B" between the Corporation of the Town of Pickering and Ronald Morris Lewis and Marilyn Joan Lewis with respect to Part Lots 2 and 9, Plan 230, Pickering. BY-LAW read a first, second and third time and finally passed this 7th day of May , 1979. `Mayor Clerk SCHEDULE "A" 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 - RONALD MORRIS LEWIS and MARILYN JOAN LEWIS hereinafter collectively referred to as the "Owner" OF THE SECOND PART. WHEREAS, section 5.26 of By-Law 3036, as amended 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 11 WHEREAS, therefore, the Town requires the Owner to enter into an Agreement with it prior to development or redevelop- iIment of the lands and premises affected hereby and any build- inas constructed or to be constructed thereon; i NOW THEREFORE, this Agreement witnesseth that in con- sideration of mutual benefits, the Parties hereto agree as ilfollows: 1. The lands and premises affected by this Agreement (hereinafter referred to as the "lands") are those lands more particularly described in Schedule "A" hereto. 2. No building or buildings shall be altered or erected on the lands 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 exist_'.nc and z_onc ser3 u"ildlnes or buildincs; (b) height of exi_tinc and prepose:i bt:ildine or buildings; (c) locations of existinc and __o_zcscd entrances and exits to buildincs; (d) locations of existing and proposed entrances and exits to abuttinG roars; (e) area Z_nd location of ?aT11 5s to ..?,c•d :or (£) elevations of existing and proposed build- ings, indicating exterior material types and colours; (g) existing and proposed landscaping features; (h) existing and proposed use of the lands and all existing and proposed buildings; (i) locations of all utility service connec- tions, including connections for electri- city and gas services; (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 existing and proposed fencing; (n) existing and proposed grading of the lands and provisions for storm and sanitary drain- age and water service; (o) locations of all garbage storage facilities; and (p) locations and specifications for all stand- pipes and the locations of all 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 and installed in con- formance with the plan or plans. 4. If erection and installation 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 sub- mitted displaying the information required in sec- tion 2 and must be approved by the Town prior to any erection or installations being commenced. 5. Any works required to be installed on road allow- ances shall be installed according to the specifi- cations of the relevant authority and be subject to the approval of such authority. 6. Only one architect or engineer shall be used and employed by the Owner for the development of the lands. 7. The Owner shall comply %.,ith all zoning requirer-gents 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 Tay-Law 3036 as amended, and as varied by the uecision dated December 19th, 1070, of the Town o? i'ici.( rin.; Comn.ittee of (])GA 54,178) r G cl=ipv cS W113c11 iS attaC_^ a8 bC ?:1 L:1G "I " hereto. S. The Ov.ner agrees that all proposals for exterior sicns and exterior lighting of all types shall be subject to the approval of the Town 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 subject to the approval of the Town and, upon receipt of such approval, the said proposals shall be implemented only as approved. 10. This Aoreement and everything contained herein shall enure to the benefit of and be binding upon the Parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF the Party of the First Part has affixed hereto its corporate seal attested by the hands of its duly authorized officers, and the persons comprising the Party of the Second Part have affixed hereto their hands and seals. SIGNED, SEALED and DELIVERED THE CORPORATION OF THE TO" OF PICEERINC Mayor er in the presence of Ronald Morris Lewis - ' in the presence o£ _rilyn Jaan I,ew s- --- - - - AI's ..::L : l!,.,Ii !,R li at ca _ _ :. - 'cel or Lr i<Ct of ' ' 1 an ' on-' premises situate, lying and being in the Town of FicVering, in the Regional Municipality of Durham and Province of Ontario and being composed of those parts of Lots 2 and 9 according to a plan registered in the Registry Office for the Registry Division of Durham as Plan No. 230 designated as Part 1 on a plan of survey of record registered in the said Office as Plan No. 40R-4651. IN 7E7 .':.-71 x OF _°cction 42 c: ,i,e F, Sct, F.. S.O. 1970 as a,Mended and the 7C-n of Pickering Zoning .tiy-la•.: NU7.ber 3036 as e- Ended. IN THE KbTTER OF laid known as: '_r.o ,.+s t` rly 170- of =i 210- of istarly 85- of iol 21 R.P. 230 r a-6 the i _`:=rly 365- of _r 1t' 15- o`_ lot 9, R.P. 230 which land is zoned as: C1' - Local Ccr_-,ercia1 AND IN THE ,MATTER OF land o c-d by: R.M. &,?d *'.J. Lewis in respect of the land herein described for vari=ance from the Town By-law for relief from the provisions of By-law 3036, with respect to the subject property in order to permit an addition to an existing building which will bring the total door area up to 365.67 m2 (3936 sq. ft.) and provide a total of 6 parking spaces whereas the by-law reouires a miniJn= 22 parking spaces for such a floor area. This application was heard by the Town of Pickering Committee of Adjustment on December 19th 19 76 due notice of such Hearing having been sent as required by the Committee of Adjustment. IT WAS THE DECISION OF THE COMMITTEE OF ADJUSTMENT THAT: this application P/CA 54/78 by R.M. and M.J. Lewis as outlir+ed be APPROVED on the grounds that this variance is considered minor and subject to the following condition: 1. That this variance shall aDD1v to the use as proposed only (i.e. retail carpet sales, total floor area 365.67 1-,12) and that this var;a-)ce conCitioil be iec;ste_Tec on title ac_ai,St subject properly. Certified to be a true copy of the Town of Pickering Committee of Adjustment's Decision respecting this application. F chard F. Tgao --------- - - -ecretary-Treasu-er, Cc._.-_ittee of Adjust--eat_ hS.E. 1is_ID-D Chairman Signed this 19t}t2c of Dece-_oer 1978 by all nembers present and concurring in this Decision. G.?'. Deane The Decis=or. of .be Cc-._it;ee, ht not a.- C E: jec, dccs net becor, e ir.a1 c? nt P) 21 cat's after o7 t'nc ;'o_ice of the last day for a„c02 ; b) Jap,,;aly ll 1-?i9- Lac; dare of ?cpcal of t:e 1;ec_sicn r?Cl •<: .. `.!C .[,A GF r_? JFSS ? F D' T AS T"? . %D S F A L SATJS AFFIDAVIT OF SPUSCRIRINC lt?I"I`:ESS I, of the in the EDSON G. PEASE Town of Pickering Regional Municipality of Durham, Solicitor nMtnotc.. _ ,y,; make oath and say: -See footnote I am a subscribing witness to the attached instrument and I was present and saw it executed at Pickering by RONALD MORRIS LEWIS and MARILYt: JOAN LEWIS. -See footnote I verily believe that each person whose signature I witnessed is the party of the same name referred to in the instrument. SWORN before me at the Town of Pickering in the Regionals L? ,t Muncipality of Durham?j this 9thday of April t U Icr19." 70196. March 1978 Where a party is unable to read the instrument or where a mil" rtsq. by making his mark or in foreign chameters odd "after the instrument had been read to him and he appeared to understand it". Where etecuted under a power of attorney insert "(name of attorney) as attorney for forme of party)"; and for next clause substdute "I oerily belie, that the person whose signature / witnessed was authorized to c¢acute the instrument as .1i me, for (.me)". AFFIDAVIT AS TO AGE AND SPOUSAL STATUS I/ytyt RONALD MORRIS LEWIS of the Town of Pickering if nnurney ser foatnmr in the Regional Municipality of Durham Marilyn Joan Lewis and I make oath and say: When / executed the attached instrument, Y/WE were at least eighteen years old. Strike out i na UVlicable el.ao,a. --Not a M,I,,4 niaf Horn etc. eee footnote. Within the meaning of section 1(f) of The Family Law Reform Act, 1978:- XzX)acrras X4%QkK k)XXWXXXX3PQ hAm,Ue Xfxxxomrx c) Marilyn Joan Lewis was my spouse. RONALD MORRIS LEWIS -"CA CAAZERI, a cc," I ._i. for M9rru 1.; Prchlnce of On to/U, Ft.`yj•Ylet I B22.ar a So;?:.:lor. •ttn .-,!rGL .a ,.?:..t, Lr u. «. ,?,i„„?., t,nC _=nMi,,,?l?'i?91v u0 ...1. fA,?n„ un.,,,, ?4. r_ .rt... .!el.yin ...,......t.r'. 66_tYKKS1d)SpxSWORN before me at the Town of Pickering in the Regional Muni-f cipality of Durham I this 9th day of April 19 79. • n h . . r ro H P -_1 O ?Xo? 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