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HomeMy WebLinkAboutBy-law 1403/81THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1403/81 Being a By-Law to authorize the execution of a Site Plan/Development Agreement between the Corporation of the Town of Pickering and J.D.S. Investments Limited respecting the development of Parts of Lots 20 and 21, Concession 1, Pickering (18T-79008(R)) WHEREAS, by Agreement dated November 2nd, 1981, between J.D.S. Invest- ments Limited, the Corporation of the Town of Pickering and the Bank of Nova Scotia, J.D.S. Investments Limited proposed to subdivide and register, with the consent of the Bank of Nova Scotia, a plan of sub- division of those Parts of Lots 20 and 21, Concession 1, Pickering, being Ministry of Housing Draft Plan Number 18T-79008(R); and WHEREAS, section 5 of Schedule "A" to the said Agreement provides that the development of certain blocks in the plan shall not commence until such time as a Site Plan/Development Agreement has been entered into; and WHEREAS, J.D.S. Investments Limited wishes to commence the development of Blocks 7, 8, 9, 10, 12, 13, 14 and 15 within the said plan; 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/ Development Agreement, in the form attached hereto as Schedule "A", between J.D.S. Investments Limited, the Corporation of the Town of Pickering and the Bank of Nova Scotia, respecting the development of Blocks 7, 8, 9, 10, 12, 13, 14 and 15 on Draft Plan of Subdivision 18T-79008(R). READ a first, second and third time and finally passed this 16th day of November, 1981. .J ? L- fCl?rk ( SCHEDULE "A" To By-law #1403/81 THIS AGREEMENT made in quadruplicate this -v. day of November, 1981. B E T W E E N: J.D.S. INVESTMENTS LIMITED hereinafter called the "Owner" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART, - and - THE BANK OF NOVA SCOTIA hereinafter called the "Encumbrancer" OF THE THIRD PART. WHEREAS by Agreement dated November 2nd, 1981 between the Owner, the Town and the Encumbrancer, the Owner proposed to subdivide and register, with the consent of the Encumbrancer, a plan of subdivision of those parts of Lots 20 and 21, Concession 1, Pickering, being Min- istry of Housing Draft Plan Number 18T-79008(R); and WHEREAS section 5 of Schedule "A" to the said Agreement provides that the development of certain blocks within the plan shall not com- mence until such time as a Site Plan/Development Agreement has been entered into; NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the sum of Two Dollars ($2.00) paid by each Party to the others, receipt of which from each is hereby acknowledged by each, the Parties hereto agree as follows: - 2 - PART ONE GENERAL PROVISIONS 1 LANDS AFFECTED The lands affected by this Agreement (hereinafter called the "subject lands") are: ALL AND SINGULAR those certain parcels or tracts of lands and premises situate, lying and being in the Town of Pickering, in the Regional Municipality of Durham and Province of Ontario, designa- ted as Blocks 7-10, inclusive, and 12-14, inclusive, according to a Plan registered in the Land Registry Office for the Land Titles Division of Durham (NO. 40) as Plan Number 40M- 2. SUBDIVISION AGREEMENT (1) In this Agreement, the term "Subdivision Agreement" shall mean the Agreement dated November 2nd, 1981, between the Owner, the Town and the Encumbrancer. (2) The Owner and the Encumbrancer acknowledge and agree that they are bound by all the terms and provisions of the Sub- division Agreement, as modified by the Town and provisions of this Agreement. - 3 - PART TWO SITE PLANNING 3. SITE PLANNING PLANS & DRAWINGS No development, including redevelopment, shall be undertaken on the subject 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 4 hereof, and (b) drawings showing plan, elevation and cross-section views for each residential building containing twenty-five (25) or more dwelling units 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 U ii) the provisions 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. 4. CONDITIONS TO APPROVAL OF PLANS & DRAWINGS (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 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 ground- cover 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 drainage works on the lands; and - 4 - PART TWO SITE PLANNING 4. CONDITIONS TO APPROVAL OF PLANS & DRAWINGS (Cont'd) (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 sub- section (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 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 facil- ities or works to the Town's satisfaction. 5. COMPLIANCE WITH APPROVED PLANS & DRAWINGS Upon approval by the Town's Director of Planning of the plans and drawings referred to in section 3, 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. LAPSING OF APPROVAL OF PLANS & DRAWINGS 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 3, 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. - 5 - PART THREE DETAILED DEVELOPMENT DESIGN REQUIREMENTS 7. PROFESSIONAL CONSULTANTS (1) The owner agrees to retain a professional consultant or consultants to carry out the necessary engineering and design and to supervise the works required to be done pursuant to this Agreement. (2) Such consultant or consultants shall continue to be retained until such works are completed and formally accepted by the Town. 8. ON-SITE ROADWAYS & PARKING AREAS (1) The Owner agrees to construct all on-site roadways and park- ing areas shown on any approved site plan according to the Town's condominium specifications for such roadways and parking areas. (2) All on-site roadways shall be extended to existing public roads in a manner satisfactory to the Town's Director of Public Works. (3) Notwithstanding the fact that no public road may exist along the westerly boundary of Block 14, an on-site roadway shall be constructed to the westerly lot line of Block 14 at the same time as other on-site roadways are constructed, to ensure that provision for access to adjacent lands is pre- served; the design of such roadway shall include the provi- sion of such vehicle barriers as the Director of Public Works shall deem appropriate. 9. ON-SITE CURBS & GUTTERS (1) The Owner agrees to construct all on-site curbs and gutters required by the Director of Public Works adjacent to on-site roadways and parking areas, such curbs and gutters to be constructed according to the Town's condominium specifica- tions therefor. (2) All on-site curbs and gutters shall be extended to existing public roads, and to the westerly boundary of Block 14, in a manner satisfactory to the Director of Public Works. 10. ON-SITE SIDEWALKS (1) The Owner agrees to construct all on-site sidewalks shown on any approved site plan according to the Town's condominium specifications therefor. (2) All on-site sidewalks adjacent to on-site roadways shall be extended to municipal sidewalks in a manner satisfactory to the Director of Public Works. (3) On-site sidewalks adjacent to on-site roadways, parking areas and buildings, and extensions of such sidewalks to municipal sidewalks shall be composed of concrete; all other on-site sidewalks may be composed of concrete, asphalt, brick, or a combination thereof. - 6 - PART THREE DETAILED DEVELOPMENT DESIGN REQUIREMENTS 11. WALKWAYS (1) The owner shall convey to the Town, on or before February 28th, 1982, at no cost to the Town, two irrevocable ease- ments, each 3 metres in width, across Block 16, Plan 40M- to allow pedestrian access from Blocks 14 and 14 to The Esplanade South, and shall construct thereon concrete side- walks to the Town's specifications for walkway sidewalks and to the satisfaction of the Town's Director of Parks and Recreation. (2) The Town acknowledges that the ultimate development of Block 16 has yet to be determined and that the implementation of development thereon may preclude the continued use of such easements; in that event, the Town hereby agrees to reconvey such easements to the Owner, or its successor, immediately following the approval of a site plan or plans for the said Block 16. 12. ENTRANCES. BUS LOADING AREAS The location and design of all vehicular entrances and pedestrian entrances to the lands from public highways shall be subject to the approval of the Director of Public Works, who may require, in his sole discretion, the installation of a bus loading zone or zones at or near such entrances as a condition of such approval. 13. ON-SITE ELECTRICITY DISTRIBUTION, CABLE TELEVISION SERVICE & LIGHTING (1) The Owner agrees to provide all on-site electricity distri- bution and cable television service underground according to the standards and specifications of Pickering Hydro-Electric Commission and Pickering Cable T.V. Limited, as the case may be. (2) The above requirement shall not be construed so as to pro- hibit or preclude the use of at-grade transformer boxes so long as such boxes do not exceed a height of 60 centimeters above grade and are screened in accordance with approved landscaping plans. (3) The Owner agrees to erect all on-site lighting standards, fixtures and appurtenances thereto shown on any approved site plan according to the Town's condominium specifications therefor. 14. ON-SITE REFUSE STORAGE (1) The owner shall provide and erect such building identifica- tion signs, street numbering signs, on-site roadway direc- tional signs, parking and fire route signs as may be required by the Town. (2) The content, design, type and location of such signs shall be subject to the approval of the Town. - 7 - PART THREE DETAILED DEVELOPMENT DESIGN REQUIREMENTS 16. ON-SITE FENCING (1) The owner shall erect, upon the completion of final lot grading and seeding or sodding the subject lands, (a) a permanent fence of nine (9) gauge, galvanized steel link fencing, having 0.05 metre mesh, 1.8 metres high along the northerly boundary of Blocks 14 and 15, which fence shall include appropriate gates to provide for the use of the walkways referred to in section 11, above; (b) a permanent fence of maintenance-free masonry or metal, or a combination thereof, one (1) metre high, (i) along the boundaries of Blocks 7, 8, 9, 10, 12, 13, 14 and 15 adjacent to public highways, and (ii) along the westerly boundary of Block 14 and the balance of the southerly boundary thereof. 17. (2) The design, type and material of the fence required in clause (b) of subsection (1), above, shall be subject to the approval of the Town. (3) Notwithstanding the provisions of section 30(1)(b) of the Subdivision Agreement, the Owner may erect a chain link fence, not exceeding 1.5 metres in height, along the west- erly boundaries of Blocks 8 and 10. (4) In the event that the future development of Block 16, Plan M- , or of the lands immediately to the west of Blocks 8 and 10, requires, in the Town's sole opinion, the removal or replacement, or both, of the fencing required herein to be erected adjacent to those lands, the owner shall effect such removal and replacement as may be required by the Town. MINISTRY OF THE ENVIRONMENT (1) The Ministry of the Environment requires that the Owner's site plans show the utilization of apartment buildings as an acoustical barrier, therefore providing an acceptable outdoor living environment on the north side'of the apartment build- ings located parallel to Sheridan Mall Parkway and Highway 401; further, the spaces located north of these apartment buildings are to be designated for outdoor recreational purposes common to the apartment buildings. (2) The ministry further requires that, (a) all balconies facing south and on apartment building flanks to the east and west adjacent to Sheridan Mall Parkway shall be totally enclosed solariums; (b) all outdoor play areas exposed to highway noise shall be protected with the use of earth berms and/or sound barriers to provide acceptable outdoor sound levels in such areas; and (c) the apartment buildings abutting Sheridan Mall Parkway shall be centrally air conditioned in order to keep windows closed during summer months, thereby achieving the indoor sound level criteria. - 8 - PART THREE DETAILED DEVELOPMENT DESIGN REQUIREMENTS 17. MINISTRY OF THE ENVIRONMENT (Cont'd) (3) Prior to the issuance of building permits for all apartment buildings abutting Sheridan Mall Parkway, the Owner shall engage the services of a Professional or Consulting Engineer to prepare an acoustical study recommending specific noise control measures satisfactory to the Town in accordance with criteria and procedures acceptable to the Ministry of the Environment; the engineer shall further certify that the builder's plans are in accordance with the noise control measures approved by the Town as set forth above, as well as the Engineer's specific recommendations. 18. APPLICATION OF SUBDIVISION AGREEMENT PROVISIONS The following provisions of the Subdivision Agreement: (a) Schedule "A", section 1 (Time Limit for Work & Guarantee for workmanship & Materials); (b) section 14 (Incompleted or Faulty Work); (c) section 12 (Performance & Maintenance Guarantee); (d) section 10 (Inspection of Work), apply, with the necessary changes, to all works required to be constructed, installed, erected or performed by the provisions of this Agreement, with the sole exception that the performance and maintenance security to be provided by the application of section 12 may be a 50% security and not a 100% security. 19. COST OF WORKS The cost of all works required hereunder to be constructed, installed, erected or performed by the owner shall be borne by the Owner. - 9 - PART FOUR GENERAL PROVISIONS & INTERPRETATION 20. LICENCE TO ENTER The Owner agrees with the Town to retain a licence from any sub- sequent purchaser of the subject lands to enter upon such lands in order to comply with the provisions of this Agreement. 21. CANCELLATION OF AGREEMENT In the event the complete plan of subdivision is not registered on or before January 31st, 1982, the Town may, at its option on one month's notice to the Owner, declare this Agreement to be null and void with respect to any unregistered portion of the plan. 22. NOTICE Any notice required to be given hereunder shall be given by deli- very to the other Party at its principal place of business as follows: Owner: Office of the President J.D.S. Investments Limited 1000 Finch Avenue West Downsview, Ontario M3J 2E7 Town: Office of the Town Manager Town of Pickering 1710 Kingston Road Pickering, Ontario L1V 1C7 Encumbrancer: The Bank of Nova Scotia 44 King Street West Toronto, Ontario and shall be effective as of the day of delivery. 23. ENCUMBRANCER The Encumbrancer agrees with the Town that this Agreement shall have priority over and take precedence over any rights or interests of the Encumbrancer affected hereby, whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or interest is set out in or arises by virtue of any instrument or document registered on title to the subject lands, or any part of them, prior to the registration of this Agreement. 24. INTERPRETATION Whenever in this Agreement the words "Owner" and "Encumbrancer" and the pronoun "it" is used, they shall be read and construed as "Owner or owners", "Encumbrancer or Encumbrancers" and "his", "her" or "their", respectively, and the number of the verb agree- ing therewith shall be construed accordingly. 25. TIME Time shall be of the essence of this Agreement. - 10 - PART FOUR GENERAL PROVISIONS & INTERPRETATION 26. BINDING PARTIES This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their succes- sors and assigns. IN WITNESS WHEREOF, the said Parties have hereunto affixed their Corporate Seals attested to by the hands of their proper officers in that behalf fully authorized. SIGNED, SEALED & DELIVERED J.D.S. INVESTMENTS LIMITED THE CORPORATION OF THE TOWN OF PICKERING Mayor In Witness Whereof, I WILLIAM EDGAR BAILEY, being the attorney in fact duly appointed for The Bank of Nova Scotia by power of attorney registered in the Land Titles Office in and for Durham as Number LTD 75524, have hereunto set my hand this day of , 1981. In the presence of: THE BANK OF NOVA SCOTIA, By Its Attorney i William Edgar Bailey r ro r y y n N. ? O O C O H £ £ C) m nnx0u Fl- r n 0 y LQ F? H. m Nn o rt n ?r+ 0 0 A, ?nok4 PL) ,?y r- U) 0 a W (D 0 a ro M Fl. m N a z O H H n t? 0 ro chi t? tIJ z H C4 d U) H z CC+J y y In r H H y h7 0 a y x n O Oro 'T1 ?0 H F3 C) H ?z° O z? G) H x th y 0 z b z 0 C (D 9 n r rn rt x H s 0 a z a a w g V) _z F 0 V) TOWN Of PICKERING LEGAL DEPARTMENT J.D.S. Investments Limited Draft Plan 18T-79008(R) - Part Lots 20 & 21, Concession 1, Pickering - First Town Centre Subdivision /