Loading...
HomeMy WebLinkAboutBy-law 1270/81THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1270/81 Being a By-Law to authorize the execution of a Site Plan Agreement between the Cor- poration of the Town of Pickering and Derek Clinghan and Elizabeth Jane Clinghan respec- ting Lot 14, Plan 818, Pickering (PCA 49/80) WHEREAS, by decision dated December 16th, 1980, the Committee of Adjustment of the Town of Pickering approved Application PCA 49/80, subject to certain conditions; and WHEREAS, one of the said conditions requires that a Site Plan Agreement be entered into between the Owner of the subject lands and the Town; 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 an Agreement, in the form attached hereto as Schedule "A" between the Corporation of the Town of Pickering and Derek Clinghan and Elizabeth Jane Clinghan respecting Lot 14, Plan 818, Pickering (PCA 49/80). BY-LAW read a first, second and third time and finally passed this sixth day of April , 1981. ayor 6 Y ?,?,r Clerk / SCHEDULE "A" to By-law 1270/81 I THIS AGREEMENT made in triplicate this day of , 1981. 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 - DEREK CLINGHAN and ELIZABETH JANE CLINGHAN hereinafter collectively referred to as the "Owner" OF THE SECOND PART. WHEREAS, by decision dated December 16th, 1980, the Committee of Adjustment of the Town of Pickering approved Application PCA 49/80, subject to certain conditions; and WHEREAS, one of the said conditions requires that a Site Plan Agreement be entered into between the Owner of the subject lands and the Town; and WHEREAS, the Owner herein is the registered owner, in fee simple, of the lands affected hereby; and WHEREAS, pursuant to the provisions of section 35a of The Planning Act, R.S.O. 1970, chapter 349, as amended by The Planning Amendment Act, 1979, S.O. 1979, chapter 59, the Council of the Corporation of the Town of Pickering enacted By-Law 1079/80 on January 21st, 1980, 0-.,,ig- nating the whole of the area of the Town of Pickering as a site plan control area; and WHEREAS, therefore, the Town requires the owner to enter into an Agreement with it prior to the development, including redevelopment, of the said lands and tha erection, construction and installation of buildings, structures, facilities and works thereon; NOW THEREFORE, THIS AGREEMENT WITNESSETH that in consideration of mutual benefits, the Parties hereto agree as follows: -z- 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 development, including redevelopment, shall be undertaken on the lands until, (a) plans showing the location of all buildings and structures existing or to be erected and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and works required under section 3 hereof, and (b) drawings showing plan, elevation and cross-section views for each industrial and commercial building to be erected which drawings shall be sufficient to display, M the massing and conceptual design of the proposed buildings; (ii) the relationship of the proposed buildings to adjacent buildings, streets and exterior areas to which members of the public have access; and (iii) the provisions of interior walkways, stairs and escalators to which members of the public have access from streets, open spaces and interior walkways in adjacent buildings, have been submitted to the Town and approved by the Town's Director of Planning. 3. (1) As a condition to the approval of the plans and drawings referred to in section 2, above, the Town may require the Owner to provide to the satisfaction of and at no expense to the Town any or all of the following: (a) widenings of highways that abut on the lands; (b) facilities to provide access to and from the lands, such as access ramps, curbs and traffic direction signs; (c) off-street vehicular loading and parking facilities, covered or uncovered, access driveways, including driveways for emergency vehicles, and the surfacing of such areas and driveways; (d) walkways, including the surfacing thereof, and all other means of pedestrian access; (e) facilities for the lighting, including floodlighting of the lands or of any buildings or structures thereon; (f) walls, fences, hedges, trees, shrubs or other ground- cover or facilities for the landscaping of the lands or the protection of adjoining lands; (g) vaults, central storage and collection areas and other facilities and enclosures for the storage of garbage and other waste material; (h) easements conveyed to the Town for the construction, maintenance or improvement of watercours=s, ditches and land drainage works on the lands; and (i) grading or alteration in elevation or contour of the land and provision for tha disposal of storm, surface and waste water from the lands and from any buildings or structures thereon. I - 3 - (2) As a further condition to the approval of the said plans and drawings, the Town may require the owner to maintain, to the Town's satisfaction and at the sole risk and expense of the owner, any or all of the facilities or works mentioned in clauses (b), (c), (d), (e), (f), (g), (h) and (i) of subsec- tion (1), above, including the removal of snow from access ramps and driveways, parking and loading areas and walkways. (3) For the purpose of guaranteeing the maintenance, by the Owner, of any works and facilities required to be maintained pursuant-to a condition of approval imposed under subsection (2), above, the Town may require the Owner to provide, prior to the issuance of a building permit, security in the form of an irrevocable letter of credit issued by a chartered bank in Canada in an amount and for a term determined by the Town, which security may be drawn upon by the Town in such amounts, and at such times as the Town, in its sole discretion, deems advisable, should the owner fail to maintain the said facil- ities or works to the Town's satisfaction. 4. Upon approval by the Town's Director of Planning of the plans and drawings referred to in section 2, above, the proposed buildings, structures, facilities and works shall be erected, constructed, installed and maintained in conformance with the said plans and drawings, as approved. 5. If erection, construction or installation has not commenced within one (1) year of the date of approval of the plans and drawings referred to in section 2, the approval shall become null and void and the plans and drawings must be re-submitted for approval prior to any erection, construction or installation commencing. 6. This Agreement, the Schedule hereto, and everything contained therein, shall enure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the Party of the First Part has hereunto affixed its Corporate Seal, duly attested by the hands of its authorized officers, and the persons comprising the Party of the Second Part have hereunto affixed their hand and seal. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING In the presence of Jerk DEREK CLINGHAN ELIZABETH JANE CLINGHAN 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 Muni- cipality of Durham and Province of Ontario and being composed of Lot 14, according to Registrar's Compiled Plan No. 818. AS DESCRIBED in Instrument No. D119229, registered in the Registry office for the Registry Division of Durham on February 16th, 1981. ,, , , ?- -. ?? .._., ...?. ..... )5 ISV 50.../?_tL lo"i J 309m 'n SJ J 1 i of w, 13 15 16 17 ==I£i 19,=20:- 21 ?? e 1 z ? z O, 75=1 b5 75 150 50 50 SO 100 e SC5 'J' 7?OC iCe e7 r J i'/i . [ 00 E 330 N7400d£ 330 r4 N74°OOE 200 $ f SUBJECT Pirbr'ERT1' : " 0 25 f3T r'? %;?,J 'J y 0 24 1 ? J 5 /? 'n - -' _? 26 0 J 8 p („J p8 z IA N 74° W E 33C J ' / J r0 27 _ N Q •. 64231 , `JC{ _ 29 2- . - -642 75 _ ? CC c $ < t 30 64321 0'- :jj W 643 4 - -? I 32 33._ i W740WE 643=8 kF? - 6 5 3.3 10----? is 34 N i