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HomeMy WebLinkAboutBy-law 1113/80THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1113/80 Being a By-Law to authorize the execution of a site plan agreement between the Corporation of the Town of Pickering and 419714 Ontario Limited with respect to Part Lot 18, Concession 1, Pickering (Toy Avenue - west side) TOWN 0K' PICKER l APPROV AS TO R WHEREAS, pursuant to the provisions of section 35-a 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 21, 1980, designating the whole of the area of the Town as a site plan control area; and WHEREAS, therefore, the Town requires 419714 Ontario Limited to enter into an agreement with the Town prior to the development including redevelopment, of that Company's lands, being Part Lot 18, Concession 1 (Toy Avenue - west side) and the erection, construction and installation of buildings, structures, facilities and works thereon; 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 419714 Ontario Limited with respect to the development and redevelopment of that part of Lot 18, Concession 1, Pickering referred to therein (Toy Avenue - west side). NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: BY-LAW read a first, second and third time and finally passed this 21st day of April , 1980. or I LEGAL DEM, I S HEDLLE _L _to By-law 1113/80 THIS AGREEMENT made this day of , 1980. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING hereinafter referred to as the "Town" OF THE FIRST PART, - and - 419714 ONTARIO 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 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: - 2 - 1. The lands and premises affected by this Agree- ment (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 build- ings 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 facil- ities 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 escal- ators to which members of the public have access from streets, open spaces and interior walkways in adja- cent buildings, have been submitted to the Town and approved by the Town's Director of Plan- ning. 3. (1) As a condition to the approval of the plans and drawings referred to in sec- tion 2, above, the Town may require the Owner to provide to the satisfac- tion of and at no expense to the Town any or all of the following: (a) widenings or extensions of high- ways 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; - 3 - (d) walkways, including the surfac- ing thereof, and all other means of pedestrian access; (e) facilities for the lighting, including flood-lighting, 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, mainten- ance or improvement of water- courses, ditches and land drainage works on the lands; and (i) grading or alteration in eleva- tion 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, includ- ing the removal of snow from access ramps and driveways, parking and loading areas and walkways. (3) For the purpose of guaranteeing the main- tenance, by the Owner, of any works and facilities required to be maintained pur- suant 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, secur- ity 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 advisable, should the owner fail to maintain the said facilities or works to the Town's satis- faction. - 4 - 4. (a) The owner agrees that all proposals for access to and from public lands, including roadways, shall be subject to the approval of the Town, and, upon receipt of such approval, the said proposals shall be implemented only as approved. (b) In the event that more than one access to or from Toy Avenue is approved and implemented, it is agreed that all such accesses in excess of the most north- erly one shall be considered temporary and further, that within eight (8) months of access being made available to the lands affected hereby from a public roadway adjacent to the southerly boundary of those lands, the Owner shall obtain approval for and con- struct, to the Town's specifications, access fac- ilities to that roadway, and shall close all tem- porary accesses onto Toy Avenue. 5. Upon approval by the Town's Director of Planning of the plans and drawings referred to in sections 2 and 4, 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. If erection, construction or installation has not com- menced within one (1) year of the dates of approval of the plans and drawings referred to in sections 2 and 4, the approvals shall become null and void and the plans and drawings must be re-submitted for approval prior to any erection, construction or installation commencing. 7. 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 TOWN OF PICKERING Mayor Clerk 419714 ONTARIO LIMITED Per: Per: - 5 - 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 that part of Lot 18, Concession 1, more particularly described as follows: PREMISING that the southerly limit of the said Lot 18 has a bearing of North 72 degrees, 59 minutes, 30 seconds East and relating all bearings herein thereto; COMMENCING at a point in the said southerly limit of Lot 18, distant easterly therealong 803.78 feet from the south- west angle thereof; THENCE North 17 degrees, 00 minutes, 30 seconds West 711.00 feet to the Place of Beginning of the parcel; THENCE North 17 degrees, 00 minutes, 30 seconds West 222.25 feet to an iron bar; THENCE South 72 degrees, 58 minutes West 371.05 feet to an iron bar; THENCE South 17 degrees, 08 minutes, 50 seconds East 222.07 feet to an iron bar; THENCE North 72 degrees, 59 minutes,.30 seconds East 370.51 feet more or less to the Place of Beginning. 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