HomeMy WebLinkAboutBy-law 1288/81THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1288/81
Being a By-Law to authorize the execution
of a Site Plan Agreement between the
Corporation of the Town of Pickering and
Wix Corporation Limited with respect to
Part Lot 18, Range 3, B.F.C., Pickering
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 31st, 1980, designating the whole
of the area of the Town as a site planning control area; and
WHEREAS, therefore, the Town requires Wix Corporation Limited
to enter into an Agreement with the Town prior to the develop-
ment including redevelopment, of that company's lands, being
Part Lot 18, Range 3, B.F.C., Pickering and the erection, con-
struction 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 Wix Corporation Limited with respect to
the development and redevelopment of Part Lot 18, Range
3, B.F.C., Pickering.
BY-LAW read a first, second and third time and finally passed
this 4th day of May , 1981.
rte,
SCHEDULE "A" to By-law 1288/81
THIS AGREEMENT made in triplicate this day of , 1981.
B E T W E E N
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE FIRST PART,
- and -
WIX CORPORATION LIMITED
a company incorporated under the
laws of the Province of Ontario
hereinafter called the "Owner"
OF THE SECOND PART.
0
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, desig-
nating the whole of the area of the Town of Pickering as a site plan
control area; and
WHEREAS, therefore, the Town requires the Owner to enter into an
Agreement 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 Schudul_ "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 commercial building to be erected which
drawings 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 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 thereon;
(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) anu (i) of subsec-
tion (1), above, including the removal of snow from access
- 3 -
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 thA 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 facil-
ities 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
therein, shall enure to the benefit of and be binding upon the
Parties.hereto and their respective successors and assigns.
IN WITNESS WHEREOF the Parties hereto have hereunto affixed their
respective Corporate Seals, duly attested by their proper authorized
officers.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
WIX CORPORATION LIMITED
Per:
Per:
11
SCHEDULE "A"
==mss=
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 the Township of Pickering and County of
Ontario) and Province of Ontario and being composed of part of Lot 18,
Range 3, Broken Front Concession and shown and designated on a Plan of
Survey received and deposited as Plan 40R-918 in the Registry Office
for the Registry Division of Durham as Part 2, such part having a total
area of 21.070 acres more or less.
TOGETHER with the right-of-way over Part 1 shown and designated on the
said Plan 40R-918 for the purpose of access to Brock Road, such right-
of-way to be automatically terminated when such part is dedicated and
assumed as a public highway by the Corporation of the Township (now
Town) of Pickering or the Corporation of the County of Ontario (now
the Regional Municipality of Durham).
SUBJECT TO and reserving a right in favour of the Corporation of the
Township (now Town) of Pickering in the nature of an easement upon the
northerly limits of the said lands for the purpose of constructing
sewers and drains and for the repair and maintenance thereof.
AS DESCRIBED in Instrument No. 238606.
A
rroNHHC)
N N v 0 O
Cw
r o
0" No (n
V rh 0
0 ?
w w ro
m N• n O
rF O P, ft
rr ti m
w x F" cn
" O .l .7
P. (U LQ (D
o a M
M
F'•
(D
r
w
0
to
rr
r
?-r
r
OD
rod
X?
(D
w
W (D
a
w w
n
G)
N
t?J
z
H
H
0
0
0
F3
H
O
z
r
H
H
I=]
d
N
m
[s]
0
0
00
xo
en z
z°
O
x
[+7
H
H
0
r._...._...._..____.__-_ .-- -___ ?__