HomeMy WebLinkAboutBy-law 1181/80THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1181/80
Being a By-Law to authorize the execution
of a Site Plan Agreement between the
Corporation of the Town of Pickering and
Steve and Albert Doria with respect to
Part Lot 29, Range 3, B.F.C., Pickering
(Part 1, Plan 40R-5415).
WHEREAS, pursuant to the provisions of section 35-a
)f The Planning Act, R.S.O. 1970, Chapter 349, as amended,
.he Council of the Corporation of the Town of Pickering
nacted By-Law 1079/80 on January 31, 1980 designating the
whole of the area of the Town as a site plan control area;
,nd
WHEREAS, therefore, the Town requires Steve and Albert
»oria to enter into an agreement with the Town prior to the
development including redevelopment, of their lands, being Part
Lot 29, Range 3, B.F.C. and the erection, construction and
installation of buildings, structures, facilities and works
hereon;
NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE
`S'OWN OF PICKERING HEREBY ENRCTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute
a Site Plan Agreement, in the form attached hereto
as Schedule 'A', between the Corporation of the Town
of Pickering and Steve and Albert Doria with respect
to the development and redevelopment of that part of
Lot 29, Range 3, B.F.C., Pickering (Part 1, Plan
40R-5415).
BY-LAW read a first, second and third time and finally passed
this 6th day of October , 1980.
OF
!NG
AS TO
LEGAL
Schedule 'A' to By-law 1181/80
THIS AGREEMENT made this day of , 1980.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter referred to as the "Town"
OF THE FIRST PART,
- and -
STEVE DORIA
and
ALBERT DORIA
hereinafter collectively referred to as the "Owner"
OF THE SECOND PART.
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 designating the whole of the area of the Town as
a site plan control area; and
WHEREAS, therefore, the Town requires the Owner to
enter into an Agreement with it prior to the develop-
ment, including redevelopment, of the said lands and
the erection, construction and installation of build-
ings, structures, facilities and works thereon;
NOW THEREFORE, THIS AGREEMENT WITNESSETH that in
consideration of mutual benefits, the Parties hereto
agree as follows:
- 2 -
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 com-
mercial building to be erected which draw-
ings shall be sufficient to display,
(i) 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 provision of interior walk-
ways, stairs and escalators to
which members of the public have
access from streets, open spaces
and interior walkways in adja-
cent 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 fol-
lowing:
(a) widenings or extensions 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 un-
covered, access driveways, includ-
ing 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;
- 3 -
(e) facilities for the lighting, includ-
ing floodlighting, of the lands or of
any buildings or structures thereon;
(f) walls, fences, hedges, trees, shrubs
or other groundcover or facilities
for the landscaping of the lands or
the protection of adjoining lands;
(g) vaults, central storage and collec-
tion areas and other facilities and
enclosures for the storage of gar-
bage and other waste material;
(h) easements conveyed to the Town for
the construction, maintenance or
improvement of watercourses, ditches
and land drainage works on the lands;
and
(i) grading or alteration in elevation
or contour of the land and provision
for the disposal of storm, surface
and waste water from the lands and
from any buildings or structures
thereon.
(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 satis-
faction 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 subsection (1),
above, including the removal of snow from
access ramps and driveways, parking and load-
ing areas and walkways.
(3) For the purpose of guaranteeing the mainten-
ance by the Owner, of any works and facili-
ties required to be maintained pursuant to
a condition of approval imposed under sub-
section (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
facilities or works to the Town's satisfac-
tion.
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.
- 4 -
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 resub-
mitted for approval prior to any erection, con-
struction 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
affixed its corporate seal attested by the hands of its
duly authorized officers, and the persons comprising the
Party of the Second Part have hereunto affixed their
hands and seals.
SIGNED, SEALED and DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
In the prpse. e
Witnei3t/
?T
Witness
I?
- 5 -
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 Municipality of Durham (formerly in the
Township of Pickering, in the County of Ontario) and Prov-
ince of Ontario, and being composed of that part of Lot
29, Range 3, Broken Front Concession, designated as Part 1
on a plan of survey of record filed in the Registry Office
for the Registry Division of Durham as Plan No. 40R-5415.
a0 e.9 CO•nn rwlp AI F IDAl, 1101 ur.,r L1111N(. AYI`L1 f. .r r, ,, r r, rr_I .. .nrxrl?r r?r,., ,•r?nr.
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W_ 6.emn1
rd thr Town of Pickering
ill Ihe Regional Municipality of Durham
InAr "Alt :md sac.
I and t snbsr'ril,mg e'wl nrss In th, all.nh,d nl.tnunrld .Ind I \..Is pr,.rI,t mid s.ISV it ,\r•,utrd
al Pickering
W Steve Doria
•sli M1.nnrn.
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III uI III, ulstrumrnl
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SW(MI III fm, mr .Ir rhr Town of Pickerinq?
in the Regional Municinality of Durkin
Ih.. 20 d.n' Id Auc u s t 8n
Ithill IWna r. .J .I, rv .ull I.. m uArr Nury Iry nor hu ..ol (.. n Ih ., r .,III
apr ill, mr., m h... 1.. 1 1, 1, uA her •rlrr .d h.• urr.- ,A lufw 1, ul e',A \l'6r .J ..tr •Irv •• •rlr r.y
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npr.rr...rul urhu .•.d•u n• nurh..n.•vl n• e. unIhr ur•rn.rn.m n• nrr.. rry Irr ru•o.l
s1.1n If 197H
AI PI DAVIT Al, lU A(; ANTI SPOUSAI SI AI US
1,NKXY S'I'EVE DORIA
d thr' Town of Fickerinq
hr' Regional "tunicioality of Durham
u In.r.r rr."I, twl '.r, \% I".1, I r s,I owed thr .d Lu hrd ,IN nmcut
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The property described in the attached instrument has never
been occupied by myself and my spouse as our matrimonial
home.
01 EMA1.1.1'1 'AVOII\ L. Irn I. url n III, Town
of Pickeringnltb, Regional
Municipality of Durham
IN% 20 day I hue U t rV 80
/ STEVE DORIA
A
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m lhl• Regional Municinality of Durham
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Pickerinq
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The property d1_scr)11'13 in the attachrd )ns;rurlrnt has never
... ...,..,. been occupied by mysnl.` and my snn'.)se as our matrimonial home.
11i\'EHAIA.1') "MI) B% h,'11,1,- 111. 11 11:, Town
of Pickerinq
111 111, Req ionaI
Municinality of Durham
111. 20 Auau. - 80
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