HomeMy WebLinkAboutBy-law 883/78THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 883/78
Being a by-law to authorize the execution
of a Site Plan Agreement between the Cor-
poration of the Town of Pickering and
T.A.M. Development Limited respecting
Part Lot 19, Concession 1 (PCA_ 11/78)
WHEREAS by decision dated April 27, 1978, the Committee of
Adjustment for the Town of Pickering approved an application
(PCA 11/78) for a variance for the provisions of By-law
2511, as amended, respecting parking on the lands affected
hereby, subject to, inter alia, the owner entering into a
site plan agreement with the Town;
AND WHEREAS section 5.26 of By-law 2511, as amended by By-law
190/75, placed all lands referred to in By-law 2511 under devel-
opment 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;
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 the
Corporation of the Town of Pickering and
T.A.M. Development Limited respecting Part
Lot 19, Concession 1 (PCP. 11/78).
BY-LAW read a first, second and third time and finally passed
this 11th day of September
TOVVP: OF
PICKERING
APPPNE-n
TO F ;r;}
LEGAL
1978.
ayor
y"
Clerk
i
THIS AGREEMENT made in duplicate this day of ,
1978.
B E T W E E N:
OF THE SECOND PERT.
WHEREAS secti rn 5.26 of By-law 2511, as amended by By-law
190/75, placed all lands referred to in By-law 2511 under devel-
opment control pursuant to the provisions of section 35a of
The Planning Act, R.S.O. 1970, chapter 399, as amended by S.O.
1973, chapter 168;
AND WHEREAS on April 27, 1978 the Committee of Adjusiinent
for the Town of Pickering approved an application (P CA 11/78)
for a variance from the provisions of By-law 2511, as amended,
respecting parking on the lands affected hereby, subject to,
inter alia, the Owner entering into a site plan agreement with
the Town;
AND WIIEREAS, therefore, the Tovm recuires the Owner to
enter into an Agreement with it prior to development or
redevelopment of the lands affected hereby and any buildings
constructed or to be constructed thereon;
AND WHEREAS the Owner is the ovmer in fee simple of the
lands affected hereby and wishes to develop and redevelop
said lands and the buildings thereon;
NOW THERFFORE this Agreement witnesseth that in consid-
eration of mutual benefits, the Parties hereto agree as
follows:
1. The lands 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
hereir.before described until a site plan or plans 0s-
playing the following infoymation is or are submitted
to the Town by the Or..-ner and approved by the Town:
(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;
THE CORPORATION OF THE TOWN OF PICHERING
hereinafter referred to as the "Town"
- and -
OF THE FIRST PART,
T.A.M. DEVELOPMENT 1,114I1TED
hereinafter referred to as the "Ow"ner"
- 2 -
(e) area and location of lands to be used for parking;
(f) elevations of proposed buildings, indicating pro-
posed 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 hydro-electric power and gas;
(j) locations, types and colours of all exterior signs;
(k) locations and types of all exterior lighting fixtures
and standards;
(1) locations of all loading and unloading facilities;
(m) locations and types of all proposed fencing;
(n) proposed grading of the lands and provisions for
storm and sanitary drainage and water service;
(o) locations of all proposed fire routes;
(p) locations and specifications for all proposed
standpipes; and
(q) locations and specifications of garbage storage
facilities.
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 in conformance with the plan or
plans.
4. If construction 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 submitted displaying the information
required in section 2 and must be approved by the Town
prior to any construction being commenced.
5. Any works required to be done on road allowances shall
be done according to the specifications of the relevant
authority and be subject to the approval of such authority.
6. Only one architectural firm shall be used and employed
by the Owner for the development of the lands hereinafter
described.
7. The Owner shall comply with any and all zoning require-
ments 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 2511, as amended, from time to time and as
varied by the Committee of Adjustment of the Town of
Pickering by decision dated April 27, 1978.
8. The Owner agrees that all proposals for
(a) exterior signs and exterior lighting of all types;
and
(b) access to and from public lands, including roadways,
shall be subject to the approval of the Town and the
Regional Municipality of Durham, and, upon receipt
of such approvals, the said proposals shall be im-
plemented only as approved.
z _
9. The Owner further agrees that, should the Town or the
Regional Municipality of Durham decide that access directly
to and from Brock Road from and to the lands immediately
south of and adjacent to the lands affected hereby he pro-
hibited, then in that event the Owner shall permit such
access to be made across the lands affected hereby.
10. This Agreement and everything contained herein shall
enure to the benefit of and be binding upon the Parties
hereto and their successors and assigns.
IN WITNESS WHEREOF the Parties hereto have hereunto affixed
their respective corporate seals attested by the hands of their
duly authorized officers.
SIGNED, SEALED AND DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
T.A.M. DEVELOPMENT LIMITED
Per _? '-?
Per:. ?'
LIiBUDLE "A"
SS
ALL AND SINGULAR that certain parcel or tract of land and premises)
situate, lying and being in the Town of Pickering, in the
I
Regional Municipality of Durham and Province of Ontario, con-
taining by admeasurement 2.319 acres more or less, and being
composed of that part of Lot 19, Concession 1, more particularly
described as follows:
PREMISING the bearing of the northerly limit of Bayly Street, as
widened by Instruments registered in the Registry Office for the
Registry Division of Durham as Instruments Number 64057, 58224
and 74437, being a line drawn parallel to the southerly limit
of Lot 19, Concession 1 and distant 17 feet measured northerly
at right angles therefrom, assumed to be North 72 degrees 37
minutes 40 seconds East and relating all bearings herein thereto;
COMMENCING at a survey monument in the interior of Lot 19,
Concession 1, which said point of commencement may be located
in the following manner:
BEGINNING at the South-east corner of Lot 19, Concession l;
THENCE North 17 degrees 7 minutes 30 seconds West along the
easterly limit of said Lot 19, 17 feet to its intersection with
the said northerly limit of Bayly Street;
THENCE South 72 degrees 37 minutes 40 seconds West along the
said northerly limit of Bayly Street, 17 feet to its intersection
with a line drawn parallel to the said easterly limit of Lot 19
and distant 17 feet measured westerly at right angles therefrom;
THENCE North 17 degrees 7 minutes 30 seconds West along the
last mentioned parallel line, 363.25 feet to a survey monument
therein being the point of commencement;
THENCE North 17 degrees 7 minutes 30 seconds West continuing
along the said parallel line 253.85 feet to a survey monument
therein;
THENCE South 72 degrees 52 minutes 30 seconds West, 10 feet to
a survey monument;
THENCE North-Westerly along a curve to the left having a radius
of 25 feet and arc distance of 39.38 feet, chord equivalent
being 35.43 feet measured North 62 degrees 14 minutes 55 seconds
West to a survey monument at the end of said curve to the left;
THENCE South 72 degrees 37 minutes 40 seconds West parallel to
the southerly limit of said Lot 19, 328.30 feet to a survey
monument;
THENCE South 17 degrees 7 minutes 30 seconds East along a line
drawn parallel to the Easterly limit of said Lot 19, 279.00 feet
to a survey monument;
THENCE North 72 degrees 37 minutes 40 seconds East parallel to
the said southerly limit of Lot 19, 363.41 feet to the point
of commencement.
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