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HomeMy WebLinkAboutBy-law 935/79THE CORPORATION OF THE TOWN OF PICKERING BY-LAW N0.935/79 Being a by-law to authorize the execution of a Site Plan Agreement between 353564 Ontario Limited and the Corporation of the Town of Pickering respecting Part Lot 30, Range 3, Broken Front Concession (Part 1, Plan 40R-4825) (LD 423/78) WHEREAS, by Decision dated November 27th, 1978, the Land Division Committee of the Regional Municipality of Durham approved an application for severance of Part Lot 30, Range 3, Sroken Front Concession (Part 1, Plan 40R-4825), subject to certain conditions, one of which requires a Site Plan Agreement to be entered into with 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 a Site Plan Agreement in the form attached hereto as Schedule "A" between 353564 Ontario Limited and the Corporation of the Town of Pickering respecting Part Lot 30, Range 3, Broken Front Concession (Part 1, Plan 40R-4825) (LD 423/78). BY-LAW read a first, second and third time and finally passed this 8th day of January, 1979. _ ,..m ,,._.� :.� � :�', ; �; : i , � Pfi,..... , � _.', (J u .. _.._. ..---.....� r �— � . � .. � � , . . .... � ,^r, ' i_,'.r.c; r � �J . ��� � V:,,fl '. SCHEDULE "A" THIS AGREEMENT made in duplicate this 1979. BETWEEN: day of THE CORPORATION OF THE TOWN OF PICKERING hereinafter referred to as the "Town" OF THE FIRST PART, - and - 353564 ONTARIO 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 there£ore required by Decision, dated the 27th day of November, 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 consid- eration of mutual benefits, the Parties hereto agree as fol- lows: 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 affected hereby 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 (12) months of the date o£ 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 construc- tion being commenced. - 2 - 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 Direc- tor of Public Works or his designate. 6. Only one architectural or engineering firm shall be used and employed by the Owner for the development of the lands and premises affected hereby. 7. The Owner shall comply with any and all zoning re- quirements 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 3036, as amended. 8. The Owner agrees that all proposals for exterior signs and exterior lighting of all types shall be subject to the approval of the Town, the Ministry of Transporta- tion and Communications, and the Regional Municipality of Durham, and, upon receipt of such approvals, 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 sub- ject to the approval of the Town, the Ministry of Transportation and Communications, and the Regional Municipality of Durham, and, upon receipt of such approvals, the said proposals shall be implemented only as approved. 10. This Agreement and everything contained herein shall enure to the benefit of and be binding upon the Par- ties hereto and their successors and assigns. IN WITNESS WHEREOF the Parties hereto have hereunto affixed their corporate seals attested by the hands of their duly authorized officers. SIGNED, SEALED and DELIVERED THE CORPORATION OF THE TOWN OF PICKERING r 353564 ONTARIO LIMITED Per: Per: 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 30, Range 3, Broken Front Concession, designated as Part 1 on a plan of survey of record filed in the Registry Office for the Regis- try Division of Durham as Plan No. 40R-4825. 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 electric power and gas connections; (j) Locations, types and colours of all exterior signs, 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; (m) Locations of all loading and unloading facilities; (n) Locations of all garbage storage facilities; (o) Locations and specifications of all proposed fire access routes and standpipes. r r C r n J rory r��o � N£ Xo� N hxo N� r• rn ww ro � N F'• oox � � N rt n w � �. i'i O � r•W�q O fz ro rr ro� w r nfi rt • t-� w . o ro� �� �P (D 0 xW I � �n W bj N • ln '�] �. � � G] � � t�] z H w � w � rn � O z � � H O r H � H H tsl C7 a � a H x t� n 0 � ro 00 � � roy H H x°z xl O HM z L� � t�] H � 0 � H b7 b R}(;I� .AL 19UNICIPALITY GF DURHAM LAND DIVISION C011I�ITTFE DECISION In the matter of Sectior.s 29 & 30 of The Planning Act R.S.O_ 1970 as amended � November 27, 1978 File LD 423/78 Submission B397/78 353564 Ontario Limited Part of Lot 30, Range 3, Broken Front Concession Town of Pickering A1r. Harold Gardner was present on behalf of this application, accompanied by D1r. Ferreira the proposed purchaser. No further representation was present in favour of or oppased to the application. The proposal involves the severance of .6 hectare corunercial building lot from 2.2 hectare parcel of land supporting a two storey house. The Committee in discussing the application stated that Regional Health Unit required the pr000sed use prior to commenting on the application. The Health Unit had been advised that the proposed use o�as for a restaurant and verbal comments were received stating that the area was sufficient for sentic tank purposes, to accomodate such but could perhans be develooed on an aerobic system. the not a use t4r. Gardner explained to the Committee that the Town of Pickering would req_uire that any developer enter into a site plan agreement with the Town. He felt that if this could be satisfied as to use and other requirements, that the Health Unit could then comment on the proposal. The present proposal was to develop a restaurant on the subject lands however, if this became impossible due to private services then some other commercial development would be proposed. The Pdinistry o£ Transnortation in their comments have stated that access would have to be from Rosebank Road. The applicant stated this was no oroblem as the proposal was in fact accessing on to Rosebank Road. The Committee had for their in£ormation reports received from the Regional L4orks Department, the Regional Planning Department, the Regional Health Unit, the Town of Pickering Plannning Department, the Ministry of Transportation and Communication and the Town of Pickering Works Department. DECISION OF THE COr'IMITTEE yOVED: G. Wandless SECONDED: R, Bryson THAT, Application LD 423/78 be granted as applied for as such is for commercial develooment within a commercial area of the Town o£ Pickering, subject to: 1. That the applicant satisfy the requirements of the Regional Plunicipality of Durham financial and otherwise. 2. That the applicant satisfy the Tocan of Pickering financially. 3. That it be registered on the title of the subject lands that prior to the issuance of any building permit the applicant enter into a site plan agreement to the satisfaction of the Town of Pickering. q. That the applicant submit two copies of a registered reference plan for the clearance of documents. continued............ 11/ File LD 423/78 353564 Ontario R}GI��JAL A^.liNICIPALI'PY OF DURHAM LAND DIVISION COMN]IT'PEE DECISION (continued) Limit_ed LAND DIVISION COM.MITTEE DECISION (continued) 5. That this approval shall lapse at the expiration of two years from the date the decision is final and binding unless all the conditions are fulfilled and the formal consent has been released. 6. That prior to the siyning of the certificate given by the Secretary/Treasurer that the Consent has been given, the Secretary/Treasurer i.s to be advised in writing bv the Reaional Municipality of Durham Works Department that Condition �1 has been carried out to their satisfaction. 7. That prior to the signing of the certificate given by the Secretary/Trezsurer that the Consent has been given, the Secretary/Treasurer is to be advised in writing by the Town of Pickering that Conditions '=2 and n3 has been carri2d out to their satisfaction. --------------I. Robinson Chairman ------------------R. Morrison ---------------R. Rahner CARRIED UNANIMOUSLY November 27, 1978 ---------------L. Smith Vice-Chair.����an ------------------G. Wandless -----------------W. Allin - --------R_ Bryson � _P_��.�.= � -=�---M� � Broorn /.. ,/ Assistant Secretary-Treasurer December 27, 1978 Last Date of Appeal December 27, 1980 Exoiry Date � 6ereby ceAify ihat ihis i� � r�w �opy of ihe decialon of the ounc�m 4,d �ivL sion Comminee and ihis r.dv:on r.c <cm <vrrcd in bY a mslorip' �' *he c.c¢S�O who heerd dv- appu�=:'�on. _ . ......__ _ S.ur.ary.rnnurll I2�