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HomeMy WebLinkAboutBy-law 1190/80THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1190/80 Tu41'f! O Being a By-Law to author of a Site Plan Agreement Developments Limited and of the Town of Pickering development of Part Lots Plan M-1040, Pickering. Cze the execution between Mintleaf the Corporation respecting the 27, 28 and 29, WHEREAS, pursuant to the provisions of section 35a of The Plan- ning 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 21st, 1980, designating the whole of the area of the Town as a site plan control area; and WHEREAS, therefore, the Town requires Mintleaf Developments Limited to enter into an Agreement with the Town prior to the development including redevelopment, of its lands, being Part Lots 27, 28 and 29, Plan M-1040, Pickering and the erection, construction and installation of buildings, structures, facil- ities and works thereon; 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 Agreement, in the form attached hereto as Schedule "A", between the Corporation of the Town of Pickering and Mintleaf Developments Limited with respect to the development of Part Lots 27, 28 and 29, Plan M-1040, Pickering. BY-LAW read a first, second and third time and finally passed this 20th day of October , 1980. LF '?r'.I iJ SCHEUDLE "A" to By-law 1190/80 THIS AGREEMENT made this day of , 1980. B E T W E E N: THE CORPORATION OF THE TOTIN OF PICKERING hereinafter referred to as the "Town" OF THE FIRST PART, - and - MINTLEAF DEVELOPMENTS LIMITED, a Company incorporated under the laws of the Province of Ontario hereinafter referred to as the "Owner" OF THE SECOND PART. 1. 2. 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 Plan- ning 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 of Pickering 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 re- development, 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: The lands and premises affected by this Agreement (hereinafter referred to as the "lands") are those lands more particularly described in Schedule "A" hereto. 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 there with 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 commercial building to be erected which drawings shall be sufficient to display, (i) the massing and conceptual design of the proposed buildings; - 2 - (ii) the relationship of the proposed buildings to adja- cent 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 walk- ways 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 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 (i) grading or alteration in elevation or contour of the land and provision for the disposal of storm, sur- face 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 (c), (d), (e), (f), (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) For the purpose of guaranteeing the maintenance by the owner, of any works and facilities required to be main- tained 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 - 3 - 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 satisfaction. 4. Upon approval by the Town's Director of Planning of plans and drawings referred to in section 2, above, the proposed buildings, structures, facilities and works shall be erected, constructed, installed and maintained in confirmance with the said plans and drawings, as approved. 5. 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. 6. This Agreement, the Schedule hereto, and everything contained herein, 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 respec- tive corporate seals, attested by the hands of their duly authorized officers. SIGNED, SEALED & DELIVERED THE CO?TION OF THE TOWN OF PICKERING MINTLEAF DEVELOPMENTS LIMITED Per: Per: SCHEDULE "A" ALL AND SINGULAR that certain parcel or tract of land and prem- ises situate, lying and being in the Town of Pickering, in the Regional Municipality of Durham and Province of Ontario and being composed of Lot 29 and those parts of Lots 27 and 28, according to a plan registered in the Land Titles Office for the Registry Division of Durham as Plan M-1040, designated as Parts on a plan of reference of record filed in the said office as Plan 40R- ¢ 5 L S ? 7 /o 0 Q O /3 /7 1 /s /L w m zo 2I ?q z ZZ 23 Z9 25 3rMp.1 3"rCEC'r CPhLO7U5Ba 1 5,7 I 31 r CLEM¢NT`3 K.P4D 0.@000{`16J£/.>) M A Z O 3z Q ( ilM9dE Oil ifs li slri KAY rA .rj ? ? ? REF ! ? c - _ IY c tl? C? L'e ILN PLAN M- *4o 517E PLAN AGe?EEMENT (LOT Zq arj p.;.,+ LoT's Z7 Z zs) MwTLEAF DEVELOPMENTS `?