HomeMy WebLinkAboutBy-law 1182/80THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1182/80
Being a By-Law to authorize the execution
of a Site Plan Agreement between Palm
Drive Developments Limited and the Corpora-
tion of the Town of Pickering respecting
the development of Part Lot 19, Concession
1, Pickering (Parts 2, 4 & 5, Plan 40R-
WHEREAS, pursuant to the provisions of section 35a 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 21st, 1980, designating the whole
of the area of the Town as a site plan control area; and
WHEREAS, therefore, the Town requires Palm Drive
Developments Limited to enter into an Agreement with the
Town prior to the development including redevelopment, of
their lands, being Part Lot 19, 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:
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 Palm Drive Developments Limited
with respect to the development of Part Lot 19,
Concession 1, Pickering (Parts 2, 4 & 5, Plan
40R- ).
BY-LAW read a first, second and third time and finally passed
this 6th day of October , 1980.
i'O'NN
PI;'„F.Ri
A{'r'ROV%
AS [0) F0,1
LEGAL
SCHEDULE "A" to By-law 1182/80
THIS AGREEMENT made this day of , 1980.
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 -
PALM DRIVE DEVELOPMENTS LIMITED,
a Company incorporated under the laws
of the Province of 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 con-
sideration of mutual benefits, the Parties hereto agree as
follows:
1. The lands and premises affected by this Agreement
(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 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
-2-
(b) drawings showing plan, elevation and cross-
section views for each industrial and com-
mercial 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 escalators to which
members of the public have access
from streets, open spaces and in-
terior walkways in adjacent build-
ings,
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
satisfaciton 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 emer-
gency 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 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 maintenance or improvement
of watercourses, ditches and land drain-
age 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 build-
ings or structures thereon.
- 3 -
(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 satisfac-
tion 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, includ-
ing the removal of snow from access ramps and
driveways, parking and loading areas and walk-
ways.
(3) For the purpose of guaranteeing the maintenance
by the owner, of any works and facilities re-
quired 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 determined 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 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 conformance 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 commen-
cing.
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 respec-
tive 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
e
PALM DRIVE DEVELOPMENTS LIMITED
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 Lot 19,
Concession 1, designated as Parts 2, 4 and 5 on a plan of
survey of record filed in the Registry Office for the
Registry Division of Durham as Plan 40R-
ro
It
r
rt
r
N
C
ro F•H
P- J 0 H
0 F-
r D
O
7
N
"x0 n
N- F- t-h 0
?Q L4 Rj C1
y H-
ft 0
O O X F-
?l am
rt
n
w ro r• ro
P. 0
0 x
N
H
F•-
LQ
W
r
n
J
c1
r?
z
H
ro
r
b
ro
H
C
t?
e
t?1
r
0
ro
M
M
z
H
r
H
H
0
a
H
x
to
n
O
0?
n1 O
ro?
H H
(? H
PI Oz
HO
zro
H
x
t?j
H
z
0
H
m
b