HomeMy WebLinkAboutBy-law 1127/80THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1127 /80
Being a By-law to authorize the execution of
a Site Plan Agreement between the Corporation
of the Town of Pickering and 397815 Ontario
Limited with respect to Part Lot 19, Range 3,
B.F.C., Pickering (Parts 1 & 2, Plan 40R-1123)
WHEREAS, pursuant to the provisions of section 35a
of The Planning Act, R.S.O. 1970, Chapter 349, as amended,
enacted By-law 1079/80 on January 31, 1960 designating the
whole of the area of the Town as a site plan control area;
and
WHEREAS, therefore, the Town requires 397815 Ontario
Limited to enter into an agreement with the Town prior to the
development including redevelopment, of that Company's lands,
being Part Lot 19, Range 3, B.F.C. (Parts 1 & 2, Plan 40R-1123)
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:
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 397815 Ontario Limited with respect
to the development and redevelopment of that part of
Lot 19, Range 3, B.F.C., Pickering (Parts 1 & 2,
Plan 40R-1123).
BY-LAW read a first, second and third time and finally passed
this 2nd day of June , 1980.
,mayor
TOWN O
PICI<CPa1\
APP RJVc
AS TO F0, .1
LEGAL DE
1
SCHEDULE "A" to By-law 1127/80
THIS AGREEMENT made this Gay of , 1S'E0.
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 -
397815 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:
1. The lands and premises affected by this Agreement (here-
inafter referred to as the "lands") are those lands more
particularly described in Schedule "A" hereto.
2. No development, including redevelopment, shall be under-
taken 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
(b) drawings showing plan, elevation and cross-section
views for each industrial and conu;ercial building
to be erected which drawings shall be sufficient
to display,
(i) the massing and conceutual design of the pro-
poses] buildings; .
- 2 -
2. continued
(ii) the relationship of the prcposed 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) widenims or extensions of highways that abutt on d'
the lands;
(b) facilities to provide
lands, such as access
direction signs;
access to and from the
ramps, curbs and traffic
(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 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 con-
struction, maintenance or improvement of water-
courses, 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), (c), M, (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 -
3. continued
(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 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 ad-
visable, should the Owner fail to maintain the said
facilities or works to the Town's satisfaction.
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 imple-
mented only as approved.
(b) In the event that more than one access to or from
Dillingham Road is approved and implemented, it is
agreed that all such accesses in excess of the most
northerly 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 temporary
accesses onto Dillingham Road.
5. 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 conformance with the said plans and drawings, as approved.
6. 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 commencing.
7. 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 suc-
cessors 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
397815 ONTARIO LIMITED
Per.
Per:
Sr
CIIEDULE "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 19, Range 3,
Broken Front Concession, designated as Parts 1 and 2 on a
reference plan of survey filed in the Registry Office for
the Registry Division of Durham as Plan 40R-1123.
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