HomeMy WebLinkAboutBy-law 1190/80THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1190/80
Tu41'f! O
Being a By-Law to author
of a Site Plan Agreement
Developments Limited and
of the Town of Pickering
development of Part Lots
Plan M-1040, Pickering.
Cze the execution
between Mintleaf
the Corporation
respecting the
27, 28 and 29,
WHEREAS, pursuant to the provisions of section 35a of The Plan-
ning 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 21st, 1980, designating the whole of the area of the
Town as a site plan control area; and
WHEREAS, therefore, the Town requires Mintleaf Developments
Limited to enter into an Agreement with the Town prior to the
development including redevelopment, of its lands, being Part
Lots 27, 28 and 29, Plan M-1040, Pickering and the erection,
construction and installation of buildings, structures, facil-
ities 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 Mintleaf Developments Limited with respect
to the development of Part Lots 27, 28 and 29, Plan
M-1040, Pickering.
BY-LAW read a first, second and third time and finally passed
this 20th day of October , 1980.
LF '?r'.I iJ
SCHEUDLE "A" to By-law 1190/80
THIS AGREEMENT made this day of , 1980.
B E T W E E N:
THE CORPORATION OF THE TOTIN OF PICKERING
hereinafter referred to as the "Town"
OF THE FIRST PART,
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MINTLEAF DEVELOPMENTS LIMITED,
a Company incorporated under the laws
of the Province of Ontario
hereinafter referred to as the "Owner"
OF THE SECOND PART.
1.
2.
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 Plan-
ning 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 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 re-
development, 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:
The lands and premises affected by this Agreement (hereinafter
referred to as the "lands") are those lands more particularly
described in Schedule "A" hereto.
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 there
with 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;
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(ii) the relationship of the proposed buildings to adja-
cent 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 walk-
ways 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, sur-
face 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 (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) For the purpose of guaranteeing the maintenance by the
owner, of any works and facilities required to be main-
tained 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
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times as the Town, in its sole discretion, deems advisable,
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 plans and
drawings referred to in section 2, above, the proposed buildings,
structures, facilities and works shall be erected, constructed,
installed and maintained in confirmance 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
herein, 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 respec-
tive corporate seals, attested by the hands of their duly
authorized officers.
SIGNED, SEALED & DELIVERED
THE CO?TION OF THE TOWN OF PICKERING
MINTLEAF DEVELOPMENTS LIMITED
Per:
Per:
SCHEDULE "A"
ALL AND SINGULAR that certain parcel or tract of land and prem-
ises situate, lying and being in the Town of Pickering, in the
Regional Municipality of Durham and Province of Ontario and
being composed of Lot 29 and those parts of Lots 27 and 28,
according to a plan registered in the Land Titles Office for
the Registry Division of Durham as Plan M-1040, designated as
Parts on a plan of reference of record filed in the
said office as Plan 40R-
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