HomeMy WebLinkAboutBy-law 909/78THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 909/78
Being a by-law to authorize the execution
of a Site Plan Agreement between the Town
of Pickering and Pentans Developments
Limited with respect to Part Lot 24,
Concession 1, 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 Pentans Develop-
ments Limited to enter into an Agreement with it prior to devel-
opment or redevelopment of the lands 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 between the Town of Pickering
and Pentans Developments Limited with respect to Part
Lot 24, Concession 1, Pickering.
BY-LAW read a first, second and third time and finally passed
this 30th day of October, 1978.
SCHEDULE "A" By-Law #909/78
THIS AGREEMENT made in duplicate this day of ,
1978.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter referred to as the "Town"
OF THE FIRST PART,
- and -
PENTANS DEVELOPMENTS LIMITED
hereinafter 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 WHEREAS, therefore, the Town requires 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 owner in fee simple of the
lands affected hereby and wishes to develop and redevelop
said lands and the buildings thereon;
NOW THEREFORE 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
hereinbefore described until a site plan or plans dis-
playing the following information is or are submitted
to the Town by the Owner 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;
(e) area and location of lands to be used for
parking;
- 2 -
(f) elevations of proposed buildings, indica-
ting 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 hydro-electric power and
gas;
(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 proposed fenc-
ing;
(n) proposed grading of the lands and provi-
sions for storm and sanitary drainage and
water service;
(o) locations of all proposed fire routes;
and
(p) locations and specifications for all pro-
posed standpipes.
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 architect shall be used and employed by the
Owner for the development of the lands hereinafter
described.
7. (a) The owner shall comply with any and all
zoning requirements 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 by By-Law 652/77.
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(b) The owner shall further comply with the
terms, conditions and recommendations
contained in the Preliminary Concept
Report of the Secondary Planning Study
known as the Kingston Road/Highway 401
Corridor Secondary Plan.
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 and the Ministry of Transpor-
tation and Communications and, upon receipt of such
approvals, the said proposals shall be implemented only
as approved.
9. (a) 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 the Ministry of Transportation and Commun-
ications and upon receipt of such approvals,
the said proposals shall be implemented only
as approved.
(b) The Owner further agrees that if a Municipal
roadway abutting the southerly boundary of the
lands affected hereby is constructed in the
future, then in that event, the Owner shall
construct to the satisfaction of the Town, an
access point or points from the lands affected
hereby to that new roadway, and if required by
the Town, shall limit access to the lands
affected hereby from Kingston Road (Highway 2).
(c) For the purposes of interpreting
contained in subsection (b), the
shall not be construed so as to
of prohibiting or preventing all
or egress, to the lands affected
Kingston Road (Highway 2).
the provisions
term "limit"
nave the effect
access, ingress
hereby from
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 Party of the First Part has hereto
affixed its corporate seal attested by the hands of its duly
authorized officers and the members of the Party of the Second
Part have each hereunto set their hands and seals.
SIGNED, SEALED and DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
r
Cle
PENTANS DEVELOPMENTS LIMITED
Per:
Per:
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 and Province of
Ontario and being composed of part of Lot 24, Concession 1,
which said parcel may be more particularly described as
follows:
PREMISING that the bearings used herein are astronomic and
are referred to the Southerly limit of Part 6, Plan RD-103,
shown as North 42 degrees 25 minutes 00 seconds East;
COMMENCING at the South-west angle of the said Part 6, Plan
RD-103, being a point in the Southerly limit of King's High-
way No. 2 as widened;
THENCE South 40 degrees 20 minutes 20 seconds East, a dis-
tance of 201.90 feet;
THENCE North 39 degrees 52 minutes 50 seconds East, a dis-
tance of 12.96 feet;
THENCE South 48 degrees 49 minutes 50 seconds East, a dis-
tance of 159.52 feet;
THENCE North 69 degrees, 45 minutes, 20 seconds East, a
distance of 312.36 feet;
THENCE North 17 degrees, 41 minutes, 50 seconds West to a
point of intersection with the southerly limit of King's
Highway No. 2, as widened, a distance of 580.92 feet;
THENCE South 42 degrees, 25 minutes, 00 seconds West along
the Southerly limit of Part 6, Plan RD-103, a distance of
557.34 feet more or less to the point of commencement.
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