HomeMy WebLinkAboutBy-law 1403/81THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1403/81
Being a By-Law to authorize the execution
of a Site Plan/Development Agreement
between the Corporation of the Town of
Pickering and J.D.S. Investments Limited
respecting the development of Parts of
Lots 20 and 21, Concession 1, Pickering
(18T-79008(R))
WHEREAS, by Agreement dated November 2nd, 1981, between J.D.S. Invest-
ments Limited, the Corporation of the Town of Pickering and the Bank
of Nova Scotia, J.D.S. Investments Limited proposed to subdivide and
register, with the consent of the Bank of Nova Scotia, a plan of sub-
division of those Parts of Lots 20 and 21, Concession 1, Pickering,
being Ministry of Housing Draft Plan Number 18T-79008(R); and
WHEREAS, section 5 of Schedule "A" to the said Agreement provides
that the development of certain blocks in the plan shall not commence
until such time as a Site Plan/Development Agreement has been entered
into; and
WHEREAS, J.D.S. Investments Limited wishes to commence the development
of Blocks 7, 8, 9, 10, 12, 13, 14 and 15 within the said plan;
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/
Development Agreement, in the form attached hereto as Schedule
"A", between J.D.S. Investments Limited, the Corporation of the
Town of Pickering and the Bank of Nova Scotia, respecting the
development of Blocks 7, 8, 9, 10, 12, 13, 14 and 15 on Draft
Plan of Subdivision 18T-79008(R).
READ a first, second and third time and finally passed this 16th
day of November, 1981.
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SCHEDULE "A"
To By-law #1403/81
THIS AGREEMENT made in quadruplicate this -v. day of November, 1981.
B E T W E E N:
J.D.S. INVESTMENTS LIMITED
hereinafter called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART,
- and -
THE BANK OF NOVA SCOTIA
hereinafter called the "Encumbrancer"
OF THE THIRD PART.
WHEREAS by Agreement dated November 2nd, 1981 between the Owner,
the Town and the Encumbrancer, the Owner proposed to subdivide and
register, with the consent of the Encumbrancer, a plan of subdivision
of those parts of Lots 20 and 21, Concession 1, Pickering, being Min-
istry of Housing Draft Plan Number 18T-79008(R); and
WHEREAS section 5 of Schedule "A" to the said Agreement provides
that the development of certain blocks within the plan shall not com-
mence until such time as a Site Plan/Development Agreement has been
entered into;
NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of
the sum of Two Dollars ($2.00) paid by each Party to the others,
receipt of which from each is hereby acknowledged by each, the Parties
hereto agree as follows:
- 2 -
PART ONE
GENERAL PROVISIONS
1
LANDS AFFECTED
The lands affected by this Agreement (hereinafter called the
"subject lands") are:
ALL AND SINGULAR those certain parcels or tracts of lands and
premises situate, lying and being in the Town of Pickering, in the
Regional Municipality of Durham and Province of Ontario, designa-
ted as Blocks 7-10, inclusive, and 12-14, inclusive, according to
a Plan registered in the Land Registry Office for the Land Titles
Division of Durham (NO. 40) as Plan Number 40M-
2. SUBDIVISION AGREEMENT
(1) In this Agreement, the term "Subdivision Agreement" shall
mean the Agreement dated November 2nd, 1981, between the
Owner, the Town and the Encumbrancer.
(2) The Owner and the Encumbrancer acknowledge and agree that
they are bound by all the terms and provisions of the Sub-
division Agreement, as modified by the Town and provisions of
this Agreement.
- 3 -
PART TWO
SITE PLANNING
3. SITE PLANNING PLANS & DRAWINGS
No development, including redevelopment, shall be undertaken on
the subject 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 4
hereof, and
(b) drawings showing plan, elevation and cross-section views for
each residential building containing twenty-five (25) or more
dwelling units 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
U ii) 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.
4. CONDITIONS TO APPROVAL OF PLANS & DRAWINGS
(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
- 4 -
PART TWO
SITE PLANNING
4. CONDITIONS TO APPROVAL OF PLANS & DRAWINGS (Cont'd)
(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 sub-
section (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,
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.
5. COMPLIANCE WITH APPROVED PLANS & DRAWINGS
Upon approval by the Town's Director of Planning of the plans and
drawings referred to in section 3, 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.
6. LAPSING OF APPROVAL OF PLANS & DRAWINGS
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 3, 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.
- 5 -
PART THREE
DETAILED DEVELOPMENT DESIGN REQUIREMENTS
7. PROFESSIONAL CONSULTANTS
(1) The owner agrees to retain a professional consultant or
consultants to carry out the necessary engineering and design
and to supervise the works required to be done pursuant to
this Agreement.
(2) Such consultant or consultants shall continue to be retained
until such works are completed and formally accepted by the
Town.
8. ON-SITE ROADWAYS & PARKING AREAS
(1) The Owner agrees to construct all on-site roadways and park-
ing areas shown on any approved site plan according to the
Town's condominium specifications for such roadways and
parking areas.
(2) All on-site roadways shall be extended to existing public
roads in a manner satisfactory to the Town's Director of
Public Works.
(3) Notwithstanding the fact that no public road may exist along
the westerly boundary of Block 14, an on-site roadway shall
be constructed to the westerly lot line of Block 14 at the
same time as other on-site roadways are constructed, to
ensure that provision for access to adjacent lands is pre-
served; the design of such roadway shall include the provi-
sion of such vehicle barriers as the Director of Public Works
shall deem appropriate.
9. ON-SITE CURBS & GUTTERS
(1) The Owner agrees to construct all on-site curbs and gutters
required by the Director of Public Works adjacent to on-site
roadways and parking areas, such curbs and gutters to be
constructed according to the Town's condominium specifica-
tions therefor.
(2) All on-site curbs and gutters shall be extended to existing
public roads, and to the westerly boundary of Block 14, in a
manner satisfactory to the Director of Public Works.
10. ON-SITE SIDEWALKS
(1) The Owner agrees to construct all on-site sidewalks shown on
any approved site plan according to the Town's condominium
specifications therefor.
(2) All on-site sidewalks adjacent to on-site roadways shall be
extended to municipal sidewalks in a manner satisfactory to
the Director of Public Works.
(3) On-site sidewalks adjacent to on-site roadways, parking areas
and buildings, and extensions of such sidewalks to municipal
sidewalks shall be composed of concrete; all other on-site
sidewalks may be composed of concrete, asphalt, brick, or a
combination thereof.
- 6 -
PART THREE
DETAILED DEVELOPMENT DESIGN REQUIREMENTS
11. WALKWAYS
(1) The owner shall convey to the Town, on or before February
28th, 1982, at no cost to the Town, two irrevocable ease-
ments, each 3 metres in width, across Block 16, Plan 40M-
to allow pedestrian access from Blocks 14 and 14 to The
Esplanade South, and shall construct thereon concrete side-
walks to the Town's specifications for walkway sidewalks and
to the satisfaction of the Town's Director of Parks and
Recreation.
(2) The Town acknowledges that the ultimate development of Block
16 has yet to be determined and that the implementation of
development thereon may preclude the continued use of such
easements; in that event, the Town hereby agrees to reconvey
such easements to the Owner, or its successor, immediately
following the approval of a site plan or plans for the said
Block 16.
12. ENTRANCES. BUS LOADING AREAS
The location and design of all vehicular entrances and pedestrian
entrances to the lands from public highways shall be subject to
the approval of the Director of Public Works, who may require, in
his sole discretion, the installation of a bus loading zone or
zones at or near such entrances as a condition of such approval.
13. ON-SITE ELECTRICITY DISTRIBUTION, CABLE TELEVISION SERVICE
& LIGHTING
(1) The Owner agrees to provide all on-site electricity distri-
bution and cable television service underground according to
the standards and specifications of Pickering Hydro-Electric
Commission and Pickering Cable T.V. Limited, as the case may
be.
(2) The above requirement shall not be construed so as to pro-
hibit or preclude the use of at-grade transformer boxes so
long as such boxes do not exceed a height of 60 centimeters
above grade and are screened in accordance with approved
landscaping plans.
(3) The Owner agrees to erect all on-site lighting standards,
fixtures and appurtenances thereto shown on any approved site
plan according to the Town's condominium specifications
therefor.
14. ON-SITE REFUSE STORAGE
(1) The owner shall provide and erect such building identifica-
tion signs, street numbering signs, on-site roadway direc-
tional signs, parking and fire route signs as may be required
by the Town.
(2) The content, design, type and location of such signs shall be
subject to the approval of the Town.
- 7 -
PART THREE
DETAILED DEVELOPMENT DESIGN REQUIREMENTS
16.
ON-SITE FENCING
(1) The owner shall erect, upon the completion of final lot
grading and seeding or sodding the subject lands,
(a) a permanent fence of nine (9) gauge, galvanized steel
link fencing, having 0.05 metre mesh, 1.8 metres high
along the northerly boundary of Blocks 14 and 15, which
fence shall include appropriate gates to provide for the
use of the walkways referred to in section 11, above;
(b) a permanent fence of maintenance-free masonry or metal,
or a combination thereof, one (1) metre high,
(i) along the boundaries of Blocks 7, 8, 9, 10, 12,
13, 14 and 15 adjacent to public highways, and
(ii) along the westerly boundary of Block 14 and the
balance of the southerly boundary thereof.
17.
(2) The design, type and material of the fence required in clause
(b) of subsection (1), above, shall be subject to the approval
of the Town.
(3) Notwithstanding the provisions of section 30(1)(b) of the
Subdivision Agreement, the Owner may erect a chain link
fence, not exceeding 1.5 metres in height, along the west-
erly boundaries of Blocks 8 and 10.
(4) In the event that the future development of Block 16, Plan M-
, or of the lands immediately to the west of Blocks 8 and
10, requires, in the Town's sole opinion, the removal or
replacement, or both, of the fencing required herein to be
erected adjacent to those lands, the owner shall effect such
removal and replacement as may be required by the Town.
MINISTRY OF THE ENVIRONMENT
(1) The Ministry of the Environment requires that the Owner's
site plans show the utilization of apartment buildings as an
acoustical barrier, therefore providing an acceptable outdoor
living environment on the north side'of the apartment build-
ings located parallel to Sheridan Mall Parkway and Highway
401; further, the spaces located north of these apartment
buildings are to be designated for outdoor recreational
purposes common to the apartment buildings.
(2) The ministry further requires that,
(a) all balconies facing south and on apartment building
flanks to the east and west adjacent to Sheridan Mall
Parkway shall be totally enclosed solariums;
(b) all outdoor play areas exposed to highway noise shall be
protected with the use of earth berms and/or sound
barriers to provide acceptable outdoor sound levels in
such areas; and
(c) the apartment buildings abutting Sheridan Mall Parkway
shall be centrally air conditioned in order to keep
windows closed during summer months, thereby achieving
the indoor sound level criteria.
- 8 -
PART THREE
DETAILED DEVELOPMENT DESIGN REQUIREMENTS
17. MINISTRY OF THE ENVIRONMENT (Cont'd)
(3) Prior to the issuance of building permits for all apartment
buildings abutting Sheridan Mall Parkway, the Owner shall
engage the services of a Professional or Consulting Engineer
to prepare an acoustical study recommending specific noise
control measures satisfactory to the Town in accordance with
criteria and procedures acceptable to the Ministry of the
Environment; the engineer shall further certify that the
builder's plans are in accordance with the noise control
measures approved by the Town as set forth above, as well as
the Engineer's specific recommendations.
18. APPLICATION OF SUBDIVISION AGREEMENT PROVISIONS
The following provisions of the Subdivision Agreement:
(a) Schedule "A", section 1 (Time Limit for Work & Guarantee for
workmanship & Materials);
(b) section 14 (Incompleted or Faulty Work);
(c) section 12 (Performance & Maintenance Guarantee);
(d) section 10 (Inspection of Work),
apply, with the necessary changes, to all works required to be
constructed, installed, erected or performed by the provisions of
this Agreement, with the sole exception that the performance and
maintenance security to be provided by the application of section
12 may be a 50% security and not a 100% security.
19. COST OF WORKS
The cost of all works required hereunder to be constructed,
installed, erected or performed by the owner shall be borne by the
Owner.
- 9 -
PART FOUR
GENERAL PROVISIONS & INTERPRETATION
20. LICENCE TO ENTER
The Owner agrees with the Town to retain a licence from any sub-
sequent purchaser of the subject lands to enter upon such lands in
order to comply with the provisions of this Agreement.
21. CANCELLATION OF AGREEMENT
In the event the complete plan of subdivision is not registered on
or before January 31st, 1982, the Town may, at its option on one
month's notice to the Owner, declare this Agreement to be null and
void with respect to any unregistered portion of the plan.
22. NOTICE
Any notice required to be given hereunder shall be given by deli-
very to the other Party at its principal place of business as
follows:
Owner: Office of the President
J.D.S. Investments Limited
1000 Finch Avenue West
Downsview, Ontario M3J 2E7
Town: Office of the Town Manager
Town of Pickering
1710 Kingston Road
Pickering, Ontario L1V 1C7
Encumbrancer: The Bank of Nova Scotia
44 King Street West
Toronto, Ontario
and shall be effective as of the day of delivery.
23. ENCUMBRANCER
The Encumbrancer agrees with the Town that this Agreement shall
have priority over and take precedence over any rights or interests
of the Encumbrancer affected hereby, whether or not any such right
or interest was established or arose prior to the date hereof and
whether or not such right or interest is set out in or arises by
virtue of any instrument or document registered on title to the
subject lands, or any part of them, prior to the registration of
this Agreement.
24. INTERPRETATION
Whenever in this Agreement the words "Owner" and "Encumbrancer"
and the pronoun "it" is used, they shall be read and construed as
"Owner or owners", "Encumbrancer or Encumbrancers" and "his",
"her" or "their", respectively, and the number of the verb agree-
ing therewith shall be construed accordingly.
25. TIME
Time shall be of the essence of this Agreement.
- 10 -
PART FOUR
GENERAL PROVISIONS & INTERPRETATION
26. BINDING PARTIES
This Agreement and everything herein contained shall enure to the
benefit of and be binding upon the Parties hereto, their succes-
sors and assigns.
IN WITNESS WHEREOF, the said Parties have hereunto affixed their
Corporate Seals attested to by the hands of their proper officers in
that behalf fully authorized.
SIGNED, SEALED & DELIVERED
J.D.S. INVESTMENTS LIMITED
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
In Witness Whereof, I WILLIAM EDGAR
BAILEY, being the attorney in fact duly
appointed for The Bank of Nova Scotia by
power of attorney registered in the Land
Titles Office in and for Durham as Number
LTD 75524, have hereunto set my hand this
day of , 1981.
In the presence of: THE BANK OF NOVA SCOTIA, By Its Attorney
i
William Edgar Bailey
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TOWN Of PICKERING
LEGAL DEPARTMENT
J.D.S. Investments Limited
Draft Plan 18T-79008(R)
- Part Lots 20 & 21,
Concession 1, Pickering
- First Town Centre
Subdivision /