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.
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