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HomeMy WebLinkAboutBy-law 2073/85THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2073 /85 Being a by-law to authorize the execution of a site plan agreement between The Corporation of the Town of Picketing and William and Norma Pepper respecting part Lot 18, Concession 8, Picketing (Part 1, Plan 40R-8892) (A 9/85) WHEREAS by Resolution 38/85, item 4, the Council of The Corporation of the Town of Pickering approved zoning by-law amendment application A 9/85 subject to certain conditions, pursuant to the provisions of the Planning Act, 1983, S.O. 1983, chapter 1; and WHEREAS pursuant to the provisions of the predecessor of section 40 of the Planning Act, R.S.O. ]980, chapter 379, the Council enacted By-law 1079/80 on January 21st, 1980, designating the whole of the area of Pickering as a site plan control area; 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 between The Corporation of the Town of Picketing and William and Norma Pepper respecting that part Lot 18, Concession 8, Picketing, designated as Part ], Plan 40R-8892 (A 9/85). BY-LAW read a first, second and third time and finally passed this 6th day of August, 1985. Schedule A Page B of 6 pages THIS AGREEMENT made this 24th day of June, 1985. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE FIRST PART, - and - NORMA RAY PEPPER and WILLIAM LEONARD PEPPER hereinafter collectively called the "Owner" OF THE SECOND FART. WHEREAS the Owner herein is the registered owner, in fee simple, of the lands affected hereby; and WHEREAS pursuant to the provisions of the predecessor of section 40 of the Planning Act, R.S.O. 1950, chapter 379, the Council o~ the Corporation of the Town of Picker- lng enacted By-Law 1079/80 on January 21st, 1980, designating the whole of the area of the Town of Picketing 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 (hereinafter called 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 Page 4 of 6 pages (b) drawings showing plan, elevation and cross-section views for each indus- trial and commercial building to be erected which drawings shall be suffi- cient to display, (i) the massing and conceptual design of the proposed building; (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. (1) (2) (3) 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 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 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 mater- ial; (h) easements conveyed to the Town for the construction, maintenance or improvement of watercourses, ditches and land drainage works on the lands; and ti) 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. 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), th) and ti) of subsection (1), above, including the removal of snow from access ramps and driveways, parking and loading areas and walkways. 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 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 satisfac- tion, Page 5 of 6 pages 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 confor- mance with the said plans and drawings, as approved. 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 com- mencing. Prior to the issuance of a building permit for the construction of a dwelling on Part 1, Plan 40R-SBO2, the Owner shall pay to the Town a dwelling unit levy in the amount of $3,5(30.00. This Agreement, the Schedule hereto, and everything contained therein, shall enure to the benefit of and be binding upon the Parties hereto and their re- spective heirs, executors, successors and assigns. IN WITNESS WHEREOF the Party of the First Part has hereunto affixed its corporate seal, duly attested by its proper authorized officers and the persons comprising the Party of the Second Part SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING John E. Anderson, Mayor Bruce Taylor, Clerk In the presence of WILLIAM LEONARD PEPPER NORMA FAY PEPPER Page 6 of 6 pages SCHEDULE A ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Picketing, in the Regional Municipality of Durham (formerly in the Township of Picketing, in the County of Ontario) and Province of Ontario and being composed of that part of Lot ]8 in the Eighth Concession of the said Town, described as follows: BEGINNING at a point in the west limit of said Lot at the distance of 778.14 feet measured southerly thereon from the northwest angle of said Lot; which said point is the southwest angle of Village Lot No. 22 according to Spears Registered Plan of a subdivision of part of Lot No. 18 in the said Eighth Concession of the Town of Picketing; THENCE CONTINUING SOUTHERLY along the west limit of said Lot 636 feet to the Point of Commencement for the lands hereby intended to be described, and which said point in the southwest angle of lands on said Lot previously conveyed to the Canadian Legion; THENCE NORTH 74 degrees east, along the south limit of the lands of the said Legion, 475 feet, 3 inches; THENCE SOUTII 16 degrees east, parallel to the west limit of said Lot, 192 feetl THENCE SOUTH 74 degrees west 475 feet, 3 inches to the west limit of said Lot; THENCE NORTH 16 degrees west along the west limit of said Lot 192 feet to the place of beginning. AS DESCRIBED in Instrument Number D49489.