HomeMy WebLinkAboutBy-law 1331/81THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1331 /81
Being a By-Law to authorize the execution
of a Site Plan Agreement between the
Corporation of the Town of Pickering and
Mark Beggs with respect to Part Lot 19,
Range 3, B.F.C., Pickering
(Micro-Sat Communications)
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 Mark Beggs to enter into
an Agreement with the Town prior to the development including
redevelopment, of the lands, being Part Lot 19, Range 3,
B.F.C., Pickering and the erection, construction and instal-
lation 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 Mark Beggs with respect to the development
and redevelopment of Part Lot 19, Range 3, B.F.C.,
Pickering (Micro-Sat Communications)
BY-LAW read a first, second and third time and finally passed
this 6th day of July , 1981.
TOWN OI
PICKE:R'N'
AS fO ;01,11
THIS AGREEMENT made in triplicate this day of , 1981.
B E T W E E N:
MARK BEGGS
hereinafter referred to as the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter referred to as the "Town"
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 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 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 therewith
and of all facilities and works required under section 3
hereof, and
-2-
(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) 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
- 3 -
(2), above, thf_ *'own may require the Owner to provide, prior
to the issuance of a building permit, security in the form of
an irrevocable '.niter of credit issued by a chartered bank in
Canada in an aaraunt and for a term determined by the Town,
which security fray 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.
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 Party of the First Part has hereunto affixed
his hand and seal and the Party of the Second Part has hereunto affixed
its Corporate Seal, duly attested by its authorized officers.
SIGNED, SEALED & DELIVERED
In the presence of
MARK BEGGS
THE CORPORATION OF THE TOWN OF PICKERING
Mayor -----__ -
Clerk
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 composed of that part of Lot No. 19, Range No. 3,
Broken Front Concession, shown as Part 3 on the Plan of Survey deposited
in the Land Registry Office for the Registry Division of Durham (No. 40)
as Plan Number 40R-2194.
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