HomeMy WebLinkAboutBy-law 1113/80THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1113/80
Being a By-Law to authorize the execution
of a site plan agreement between the
Corporation of the Town of Pickering and
419714 Ontario Limited with respect to
Part Lot 18, Concession 1, Pickering
(Toy Avenue - west side)
TOWN 0K'
PICKER l
APPROV
AS TO R
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 21, 1980, designating the
whole of the area of the Town as a site plan control area;
and
WHEREAS, therefore, the Town requires 419714 Ontario
Limited to enter into an agreement with the Town prior to the
development including redevelopment, of that Company's lands,
being Part Lot 18, Concession 1 (Toy Avenue - west side) and
the erection, construction and installation of buildings,
structures, facilities and works thereon;
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 419714 Ontario Limited with respect
to the development and redevelopment of that part of
Lot 18, Concession 1, Pickering referred to therein
(Toy Avenue - west side).
NOW THEREFORE, the Council of the Corporation of the
Town of Pickering HEREBY ENACTS AS FOLLOWS:
BY-LAW read a first, second and third time and finally passed
this 21st day of April , 1980.
or
I LEGAL DEM, I
S HEDLLE _L _to By-law 1113/80
THIS AGREEMENT made this day of , 1980.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter referred to as the "Town"
OF THE FIRST PART,
- and -
419714 ONTARIO 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:
- 2 -
1. The lands and premises affected by this Agree-
ment (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 build-
ings 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 facil-
ities 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;
(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 escal-
ators to which members of
the public have access from
streets, open spaces and
interior walkways in adja-
cent buildings,
have been submitted to the Town and
approved by the Town's Director of Plan-
ning.
3. (1) As a condition to the approval of the
plans and drawings referred to in sec-
tion 2, above, the Town may require
the Owner to provide to the satisfac-
tion of and at no expense to the Town
any or all of the following:
(a) widenings or extensions of high-
ways 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;
- 3 -
(d) walkways, including the surfac-
ing 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 construction, mainten-
ance or improvement of water-
courses, ditches and land
drainage works on the lands;
and
(i) grading or alteration in eleva-
tion 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, includ-
ing the removal of snow from access ramps
and driveways, parking and loading areas
and walkways.
(3) For the purpose of guaranteeing the main-
tenance, by the Owner, of any works and
facilities required to be maintained pur-
suant 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, secur-
ity 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 advisable, should
the owner fail to maintain the said
facilities or works to the Town's satis-
faction.
- 4 -
4. (a) The owner agrees that all proposals for access to
and from public lands, including roadways, shall be
subject to the approval of the Town, and, upon
receipt of such approval, the said proposals shall
be implemented only as approved.
(b) In the event that more than one access to or from
Toy Avenue is approved and implemented, it is agreed
that all such accesses in excess of the most north-
erly one shall be considered temporary and further,
that within eight (8) months of access being made
available to the lands affected hereby from a public
roadway adjacent to the southerly boundary of those
lands, the Owner shall obtain approval for and con-
struct, to the Town's specifications, access fac-
ilities to that roadway, and shall close all tem-
porary accesses onto Toy Avenue.
5. Upon approval by the Town's Director of Planning of the
plans and drawings referred to in sections 2 and 4, 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. If erection, construction or installation has not com-
menced within one (1) year of the dates of approval of
the plans and drawings referred to in sections 2 and 4,
the approvals shall become null and void and the plans
and drawings must be re-submitted for approval prior to
any erection, construction or installation commencing.
7. This Agreement, the Schedule hereto, and everything con-
tained 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
Mayor
Clerk
419714 ONTARIO LIMITED
Per:
Per:
- 5 -
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 that part of Lot 18, Concession
1, more particularly described as follows:
PREMISING that the southerly limit of the said Lot 18 has a
bearing of North 72 degrees, 59 minutes, 30 seconds East and
relating all bearings herein thereto;
COMMENCING at a point in the said southerly limit of Lot 18,
distant easterly therealong 803.78 feet from the south-
west angle thereof;
THENCE North 17 degrees, 00 minutes, 30 seconds West
711.00 feet to the Place of Beginning of the parcel;
THENCE North 17 degrees, 00 minutes, 30 seconds West
222.25 feet to an iron bar;
THENCE South 72 degrees, 58 minutes West
371.05 feet to an iron bar;
THENCE South 17 degrees, 08 minutes, 50 seconds East
222.07 feet to an iron bar;
THENCE North 72 degrees, 59 minutes,.30 seconds East
370.51 feet more or less to the Place of Beginning.
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