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HomeMy WebLinkAboutBy-law 1140/80CORPORATION OF THE TOWN OF PICKERING BY-LAW 1140/80 Being a By-Law to authorize the execution of a Site Plan Agreement between the Corporation of the Town of Pickering and Sheridan Chevrolet Oldsmobile Ltd. with respect to Part Lots 17 and 18, Concession 1, Pickering. WHEREAS, pursuant to the of The Planning Act, R.S.O. 1970, the Council of the Corporation of enacted By-Law 1079/80 on January the whole of the area of the Town area; and ?rovisions of section 35a chapter 349, as amended, the Town of Pickering 31st, 1980, designating as a site planning control WHEREAS, therefore, the Town requires Sheridan Chevrolet Oldsmobile Limited to enter into an Agreement with the Town prior to the development, including redevelop- ment, of that Company's lands, being part of Lots 17 and 18, Concession 1, Pickering 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 Sheridan Chevrolet Oldsmobile Ltd. with respect to the development and redevelopment of part of Lots 17 and 18, Concession 1, Pickering. BY-LAW read a first, second and third time and finally passed this 16th day of June , 1980. Mayor Clerk ? SCHEDULE "A" to By-law 1140/80 THIS AGREEMENT mad(; this day of , 1980. B E T W E L N: THE CORPORATION Of' THE TOWN OF PICEERING hereinafter referred to as the "Town" OF THE FIRST PART, - and - SHERIDAN CHEVROLET OLDSMOBILE LTD. 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 a,;ner 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 witnesscth 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 wo ks to I,e provided in conjunction thcre,,;ith an cf all fac- ilities and works required under sectznn 3 hereof:, and (b) drawings showing plan, elevation and cross-section views for each industrial and ci ,?aercial building to be erected which drawing2s hall be c•,tfficicnt to display, (i) the massing and conceptual design of the pro- posed buildings; -l - 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 in- terior 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) 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 drive- ways, including driveways for emergency vehicles, and the surfacing of such axeas 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 of 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 maintenai , or improvement of watercourses, ditches and land ainage works on the lands; and (i) grading oc 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 meniioncd in clau::Us (b), (c), (d), (el, (f), (g), (h) and (i.) of subsection. (1), above, including the removal of snow frem 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 advis- able, 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 drawings, 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 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 TOiTN OF PICKERING r SHERIDAN CHEVROLET OLDSMOBILE LTD. 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 those parts of Lots 17 and 18, Concession 1, designated as Parts on a Plan of Reference deposited in the Registry Office for the Registry Division of Durham as Plan No. 40R- Yro -J o nn x0 aFj•P•H ww ro ^ N r• ft a ?0 cwt 0 10 r•ww Q R+ ro rt 0 rt N r ro r• m x (D 00 ? K ^ r• A n (D N N P. O H chi h7 ?i z H to x 0 H oz m H ?x C r ?-3 0 O Cf] H w .7 a H () 0 00 ro? 10H H H O o x7 wO H K7 C'] H O V H tri b 0