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HomeMy WebLinkAboutBy-law 1133/80THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1133/80 Being a By-Law to authorize the execution of a Site Plan Agreement between the Corporation of the Town of Pickering and the Church of the Nazarene with respect to Part of Lot 7, Plan 228, Pickering. WHEREAS, pursuant to the provisions of section 35-a 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 31, 1980 designating the whole of the area of the Town as a site plan control area; and WHEREAS, therefore, the Town requires the Church of the Nazarenedn enter into an agreement with the Town prior to the development including redevelopment, of that Company's lands, being Part Lot 17, Plan 228 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 the Church of the Nazarene with respect to the development and redevelopment of that part of Lot 7, Plan 228, Pickering referred to therein. BY-LAW read a first, second and third time and finally passed this 2nd day of June 1980. C E Mayor TOWN C PICKERIi G LEGAL T. SCHEDULE "A" to By-law 1133/80 T11IS AGREEMENT made this day of , 1980. S E TWEE N: THE CORPORATION OF THE TOWN OF PICKERING hereinafter referred to as the "Town" OF THE FIRST PART, .r - and - THE CHURCH OF THE NAZARENE IN ONTARIO 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 redevelopment, 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 prcposed 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) widenirgsor extensions of highways that abutt on V 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), (g), (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 Token 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 THE CHURCH OF THE NAZARENE IN ONTARIO Per: (9 ?? C?i11 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 7, according to a Plan registered in the Registry Office for the Registry Division of Durham as Plan 228, and which parcel is more particularly described as follows: COMMENCING at the south west angle of said Lot 7, being also at a point in the easterly limit of Altona Road; THENCE easterly along the south limit of the said Lot 7, 430 feet more or less, to the south east angle of the said Lot 7; THENCE. northerly along the east limit of.the said Lot 7, 238 ft. 7 in.more or less to the north east angle of the said Lot 7; THENCE westerly along the north limit of said Lot 7, 230 feet more or less to a point measured 200 feet easterly thereon from the north west angle of the said Lot 7; THENCE southerly and parallel to the west limit of said Lot 7, 75 feet; THENCE westerly and parallel to the north limit of said Lot 7, 200 feet to the west limit of said Lot 7, being also the easterly limit of Altona Road; THENCE southerly along the easterly limit of Altona Road 163 feet 7 inches more or less to the place of beginning; AS DESCRIBED in Instrument No. D53426-. rm _ ors N0 J :5 ? 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