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HomeMy WebLinkAboutBy-law 1127/80THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1127 /80 Being a By-law to authorize the execution of a Site Plan Agreement between the Corporation of the Town of Pickering and 397815 Ontario Limited with respect to Part Lot 19, Range 3, B.F.C., Pickering (Parts 1 & 2, Plan 40R-1123) 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, 1960 designating the whole of the area of the Town as a site plan control area; and WHEREAS, therefore, the Town requires 397815 Ontario 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. (Parts 1 & 2, Plan 40R-1123) 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: 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 397815 Ontario Limited with respect to the development and redevelopment of that part of Lot 19, Range 3, B.F.C., Pickering (Parts 1 & 2, Plan 40R-1123). BY-LAW read a first, second and third time and finally passed this 2nd day of June , 1980. ,mayor TOWN O PICI<CPa1\ APP RJVc AS TO F0, .1 LEGAL DE 1 SCHEDULE "A" to By-law 1127/80 THIS AGREEMENT made this Gay of , 1S'E0. B E T W E E N: THE CORPORATION OF THE TOWN OF PICKERING hereinafter referred to as the "Town" OF THE FIRST PART, - and - 397815 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: 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 conu;ercial building to be erected which drawings shall be sufficient to display, (i) the massing and conceutual design of the pro- poses] 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) widenims or extensions of highways that abutt on d' 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), (c), M, (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 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. (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 imple- mented only as approved. (b) In the event that more than one access to or from Dillingham Road is approved and implemented, it is agreed that all such accesses in excess of the most northerly 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 temporary accesses onto Dillingham Road. 5. 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 drawings, as approved. 6. 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. 7. 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 suc- cessors 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 397815 ONTARIO LIMITED Per. Per: Sr CIIEDULE "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 19, Range 3, Broken Front Concession, designated as Parts 1 and 2 on a reference plan of survey filed in the Registry Office for the Registry Division of Durham as Plan 40R-1123. rroYy Y? v0 C X O Y (D 0ht xo ? ?• r• rn ww ro rtn o 0 7c• [s?3 fD (It h has O ?:l N- a W oa ?ro roa a n n rt rt Nr 0 Y (t ?Y a- N •,?y o ?La m ro F, Li m 'A o hj in Y• Y N W w m ? H OD C7 In ro o r ? H 0 0 LTJ H H t7 0 i o u H x to 0 0 ',LJ ro 00 ro? HH H H C] O xz z? L1 x to H 0 E 0 b H M 0