HomeMy WebLinkAboutBy-law 1126/80THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1126 /80
Being a By-law to authorize the execution of
a Site Plan Agreement between the Corporation
of the Town of Pickering and Pedan Enterprises
Limited with respect to Part Lot 19, 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,
enacted By-law 1079/80 on January 31, 1980 designating the
whole of the area of the Town as a site plan control area;
and
WHEREAS, therefore, the Town requires Pedan Enterprises
Limited to enter into an agreement with the Town prior to the
development including redevelopment, of that Company's lands,
being Part Lot 19, Range 3, B.F.C. and the erection, construction
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 Pedan Enterprises Limited with
respect to the development and redevelopment of
part of Lot 19, Range 3, B.F.C., Pickering.
BY-LAW read a first, second and third time and finally passed
this 2nd day of June 1980.
Mayor
TOWN
PICT\GF.I F
G
AP11)ROH D
AS iU
LE. AI_ D'' .,
SCHEDULE "A" to 1126/80
T11IS AGRUEMENT made this day of 1980.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter referred to as the "Town"
OF THE FIRST PART,
- and -
PEDAN ENTERPRISES LIMITED
hereinafter referred to as 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 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 designating
the whole of the area of the Town 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 (here-
inafter referred to as the "lands") are those lands more
particularly described in Schedule "A" hereto.
2. No development, including redevelonment, shall be under-
taken 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 pro-
posed buildings;
-2-
2. continued
(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 provision 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) widenimsor extensions of highways that abutt on r
the lands;
(b) facilities to provide
lands, such as access
direction signs;
access to and from the
ramps, curbs and traffic
(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 flood-
lighting, of the lands or of any buildings or
structures thereon;
(f) walls, fences, hedges, trees, shrubs or other
groundcover 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 con-
struction, maintenance or improvement of water-
courses, 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) , (C) , (h) and (i) of subsection
(1), above, including the removal of snow from
access ramps and driveways, parking and loading
areas and walkways.
- 3 -
3. continued
(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 deter-
mined 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 ad-
visable, should the owner fail to maintain the
said facilities 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 draw-
ings, as approved.
5. If erection, construction or installation has not com-
menced 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 affixed
their respective corporate seals, attested by the hands of
their duly authorized officers.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
PEDPN ENTERPRISES 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 19, Range 3, g,F.C.,
Pickering.
rrol-r0
Hr- J0
C Y O
Ir N
OH N O
Il r- r- M
?j p
W LO tv
m r-
0
rr h
nog
r- WQ
O a
ro 'ti
r- ?
n rt
X
O O
H
r. I-n
ti r
W O
rr
r
z
a
m
w
d7
ro
n
ro
tjf
H
H
I
h]
I z
I
ro
H
r
z
H
L1
r
z H
H N
H
F3
[r1
d
I•
a
H
x
h]
C)
O
O
roy
H H
t'j °z
xO
H M
z
x
t?
H
O
N
d
H
t?
d