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HomeMy WebLinkAboutBy-law 1253/81THE CORPORATION OF THE TOWN OF PICKERING BY-LAIR NO. 1253/81 Being a By-Law to authorize the execution of a Site Plan Agreement between the Corporation of the Town of Pickering and Dimitmar Enterprises Limited with respect to Part Lot 23, Concession 1, Pickering (corner Kingston Road & Liverpool Road) WHEREAS, pursuant to the provisions of section 35a of The Planning Act, R.S.O. 1970, chapter 349, as amended, the Council of the Corporation of the Town of Pickering enacted By-Law 1079/80 on January 31st, 1980, designating the whole of the area of the Town as a site planning control area; and WHEREAS, therefore, the Town requires Dimitmar Enterprises Limited to enter into an Agreement with the Town prior to the development including redevelopment, of that company's lands, being part of Lot 23, Concession 1, Pickering (corner Kingston Road and Liverpool Road) and the erection, construc- tion and installation of buildings, structures, facilities and works 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, in the form attached hereto as Schedule "A" between the Corporation of the Town of Pickering and Dimitmar Enterprises Limited with respect to the development and redevelopment of Part Lot 23, Concession 1, Pickering (corner Kingston Road and Liver- pool Road). BY-LAW read a first, second and third time and finally passed this 2nd day of March , 1981. SCHEDULE "A" to BY-LAW NUMBER 1253 /81 THIS AGREEMENT made in triplicate this day of B E T W E E N: THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" , 1981. OF THE FIRST PART, - and - DIMITMAR ENTERPRISES LIMITED a Company incorporated under the Laws of the Province of Ontario hereinafter called 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 sect R. S. O. 1970, chapter 349, as amended by The 1979, S.O. 1979, chapter 59, the Council of Town of Pickering enacted By-Law 1079/80 on nating the whole of the area of the Town of control area; and ion 35a of The Planning Act, Planning Amendment Act, the Corporation of the January 21st, 1980, desig- Pickering as a site plan WHEREAS, therefore, the Town requires the Owner to enter into an Agree- ment with it prior to the development, including redevelopment, of the said lands and the 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: 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 there- with 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, (i) the massing and conceptual design of the proposed buildings; - 2 - (ii) the relationship of the proposed buildings to adja- cent 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 there- on; (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 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 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, - 3 - 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 facili- ties 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 there- in, shall enure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk DIMITMAR ENTERPRISES LIMITED Per: Per: SCHEDULE "A" ALL AND SINGULAR that certain parcel or tract of land and premises sit- uate, lying and being in the Town of Pickering, in the Regional Munici- pality of Durham (formerly in the Township of Pickering, in the County of Ontario) and being that part of Lot 23, Concession 1, now designated as Part 1 on a Plan of Survey of Record filed in the Registry Office for the Registry Division of Durham (No. 40) as Plan 40R-5095. As described in Instrument No. D106805.