HomeMy WebLinkAboutBy-law 1140/80CORPORATION OF THE TOWN OF PICKERING
BY-LAW 1140/80
Being a By-Law to authorize the execution
of a Site Plan Agreement between the
Corporation of the Town of Pickering and
Sheridan Chevrolet Oldsmobile Ltd. with
respect to Part Lots 17 and 18, Concession
1, Pickering.
WHEREAS, pursuant to the
of The Planning Act, R.S.O. 1970,
the Council of the Corporation of
enacted By-Law 1079/80 on January
the whole of the area of the Town
area; and
?rovisions of section 35a
chapter 349, as amended,
the Town of Pickering
31st, 1980, designating
as a site planning control
WHEREAS, therefore, the Town requires Sheridan
Chevrolet Oldsmobile Limited to enter into an Agreement
with the Town prior to the development, including redevelop-
ment, of that Company's lands, being part of Lots 17 and 18,
Concession 1, 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:
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
Sheridan Chevrolet Oldsmobile Ltd. with
respect to the development and redevelopment
of part of Lots 17 and 18, Concession 1,
Pickering.
BY-LAW read a first, second and third time and finally passed
this 16th day of June , 1980.
Mayor
Clerk ?
SCHEDULE "A" to By-law 1140/80
THIS AGREEMENT mad(; this day of , 1980.
B E T W E L N:
THE CORPORATION Of' THE TOWN OF PICEERING
hereinafter referred to as the "Town"
OF THE FIRST PART,
- and -
SHERIDAN CHEVROLET OLDSMOBILE LTD.
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 a,;ner 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 witnesscth 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 wo ks to I,e
provided in conjunction thcre,,;ith an cf all fac-
ilities and works required under sectznn 3 hereof:,
and
(b) drawings showing plan, elevation and cross-section
views for each industrial and ci ,?aercial building
to be erected which drawing2s hall be c•,tfficicnt to
display,
(i) the massing and conceptual design of the pro-
posed buildings;
-l -
2. continued
(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 in-
terior 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
facilities, covered or uncovered, access drive-
ways, including driveways for emergency vehicles,
and the surfacing of such axeas 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 of 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
maintenai , or improvement of watercourses, ditches
and land ainage works on the lands; and
(i) grading oc 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 meniioncd in clau::Us (b),
(c), (d), (el, (f), (g), (h) and (i.) of subsection.
(1), above, including the removal of snow frem
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 advis-
able, should the Owner fail to maintain the said
facilities 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 conformance with the said plans and drawings, as
approved.
5. If erection, construction or installation has not com-
menced 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.
6. 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 TOiTN OF
PICKERING
r
SHERIDAN CHEVROLET OLDSMOBILE LTD.
Per:
Per:
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 those parts of Lots 17 and
18, Concession 1, designated as Parts on a
Plan of Reference deposited in the Registry Office for the
Registry Division of Durham as Plan No. 40R-
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