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HomeMy WebLinkAboutBy-law 1216/80II THE CORPORATION OF THE TOWN OF PICKERING II? BY-LAW NO. 1216/80 ?I Being a By-Law to authorize the execution of a Site Plan Agreement between Novus Developments Limited and the Corporation of the Town of Pickering respecting the development of Part Lot 20, Range 3, Broken Front Concession, Pickering 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 Novus Developments Limited to enter into an Agreement with the Town prior to the development including redevelopment, of its lands, being Part Lot 20, Range 3, Broken Front Concession, 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 Novus Developments Limited with respect to the development of Part Lot 20, Range 3, Broken Front Concession, Pickering. i BY-LAW read a first, second and third time and finally passed this 15th day of December 1980. ,..fll u By-Law #1216/80 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 - NOVUS DEVELOPMENTS 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 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; NOi9 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 (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 struc- tures existing or to be erected and showing the loca- tion 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 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 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) 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 facili- ties, 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 floodlight- ing 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 construc- tion, 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, 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, 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 times as the Town, in its sole discretion, deems advis- able, should the Owner fail to maintain the said facil- ities 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 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 installa- tion commencing. 6. 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 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 and DELIVERED NOVUS DEVELOPMENTS LIMITED THE CORPORATION OF THE TOWN OF PICKERING 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 (formerly in the Township of Pickering, in the County of Ontario), being composed of part of Lot 20, in the third range of the Broken Front Concession, the said Parcel being more partic- ularly described as follows: PREMISING that the westerly limit of the said Lot 20 has a bearing of North Seventeen degrees zero eight minutes Fifty seconds West (N 170 08' 50" T4) and relating all bearings herein thereto, then COMMENCING at an iron bar planted in the said westerly limit of Lot 20, distant southerly therealong seventeen feet (17.00') from the north-west angle thereof; THENCE south Seventeen degrees zero eight minutes Fifty seconds East (s 17 08' 50" E) along the said westerly limit of Lot 20, five hundred and ninety-five feet (595.00') to an iron bar; THENCE North Sevent?-two degrees Forty-one minutes Thirty Seconds East, (N 72 41' 30" E) three hundred and eighty feet (380.00') to an iron bar; THENCE North Seventeen degrees zero eight minutes Fifty seconds West (N 170 08' 50" W) five hundred and ninety-five feet (595.00') more or less to an iron bar planted in the southerly limit of the Baseline Road as widened by Instru- ment No. 58631 (Pickering); THENCE South Seventy-two degrees Forty-one minutes Thirty seconds West (S 720 41' 30" W) along the last mentioned limit, seventy-eight decimal two zero feet (78.20') to an iron bar planted at the north-easterly angle of Instrument No. 59737 (Pickering); THENCE south Seventeen degrees zero eight minutes Fifty seconds East (S 17 08' 50" E), along the easterly limit of Instrument No. 59737, one hundred and seventy-seven feet (177.00') to an iron bar planted; THENCE South Seventy-two degrees Forty-one Minutes Thirty seconds West (S 720 41' 30" W) along the southerly limit of Instrument No. 59737, eighty-five feet (85.00') to an iron bar planted; THENCE North Seventeen degrees zero eight minutes Fifty seconds West (N 170 08' 50" W) along the westerly limit of Instrument Number 59737, one hundred and seventy-seven feet (177.00') to an iron bar planted in the southerly limit of the Baseline Road as widened by Instrument No. 58631; THENCE South Seventy-two degrees Forty-one minutes Thirty seconds West, (S 72 41' 30" W) along the last mentioned limit, two hundred and sixteen decimal eight zero feet (216.80') more or less to the POINT OF COMMENCEMENT being the land outlined in red on the survey of J. J. Xoning, O.L.S. dated July 4th, 1967 and attached to Instrument Number 158935 as Schedule "B".