HomeMy WebLinkAbout04 125 site plan kinfarm
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THE CORPORATION OF THE MUNICIPALITY OF KINC INE
BY-LAW
NO. 2004 - 125
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A SITE P N AGREEMENT
WITH KINFARM TIRE LIMITED
(Part Lot 50, Concession 1, North of the Durham
WHEREAS the Ontario Planning Act, R.S.O. 1990, P. 13, Se tion 41, authorizes
municipalities to enter into Site Plan Agreements;
AND WHEREAS the Council for the Municipality of Kincardine d ems it advisable to
enter into a Site Plan Agreement with Kinfarm Tire Ltd.; I
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NOW THEREFORE the Council for the Municipality of Kincardine E ACTS as follows:
1. That the Municipality of Kincardine enter into a Site Plan Agr ement with Kinfarm
Tire Limited to ensure appropriate development of those Ian s described as Part
of Lot 50, Concession 1, North of the Durham Road, former ownship of
Kincardine, (now the Municipality of Kincardine), County of Bee, being Part 1,
on Reference Plan 3R-3688 being more particularly describe in Schedule "A" of
the attached Site Plan Agreement. !
2. That the Mayor and Chief Administrative Officer be authoriz to sign, on behalf
of the Municipality of Kincardine the agreement with Kinfa Tire Ltd. which is
attached to this By-law as Schedule "A".
3. This By-law takes effect from the date of passage by Council and comes into
force and effect pursuant to the provisions of the Planning A ,1990.
4. This By-law may be cited as the "Kinfarm Tire Ltd. (pt Lot 50 Cone. 1, NDR) Site
Plan Agreement By-law."
READ a FIRST, SECOND and a THIRD time and FINALLY PA~SED this 4th day of
August, 2004. i
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Mayor
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Document General
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ÇERTIFICATE OF REGISTRATION
BRUCE (3) WALKERTOH
(4) Nalure of Documenl I
Site Plan Agreement - ~.Lt\ IJO) ~Lf'N~\NQ f'U¡
(5) ConllderaUon
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(6) DelcrlpUon
Part Lot 50, Concession 1, North of the Durham ß.oad, TIIWlIsblp of
Kincardine (now Municipality of Kincardine) County of Bruce, being
Part 1, on Reference Plan 3R-3688, Part 1 on Reference Plan
3R-3789, Part lon Reference Plan 3R-5696 and Parts
1 and 3 on Reference Plan 3R-1533.
New operty Identifiers
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Schedule
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Document
Contains:
(8) Thll acumenl provldel el foil_I:
Site PI n Agreement attached at pages Z - 9
cum.nt relate. to Instrument number(&)
236331, 248244, 290202 and 386879
(Ie.) (Set out Status or Interest)
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C/o 313 Lambton Street, Kincardine, Ontario NZZ ZY8
(les) (Set out Status or Interelt)
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(15) Documenl Prepered by:
R. R. 4, Kincardine, Ontario NZZ ZX5
fees and Tax
MAHOOD & DARCY
313 Lambton Street
P.O. Box 313
Kincardine, Ontario
NZZ ZY8
R.R.
Kinca dine, Ontario
NZZ Z 5
Documenl prepared UGing Form'L Want L.ndFonns
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SITE PLAN AGREEMENT
· This AGREEMENT made this (ì~J:r;~ day of a/~//JT,2004.
· BETWEEN: (/
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
\
hereinafter called the "Municipality"
of the First Part,
-and-
KINFARM TIRE L TO.
hereinafter called the "Owner"
of the Second Part.
WHEREAS the Owner represents that it is the registered owner of those lands in
the Municipality of Kincardine, County of Bruce, described in Schedule "A"
attached hereto and forming part of this agreement;
·
AND WHEREAS the parties hereto agree that the lands affected by this
agreement are as set out in Schedule "A" attached hereto;
AND WHEREAS the Municipality has enacted a Site Plan Control Area By-Law
pursuant to the provisions of Section 41 of the Planning Act, R.S.O., 1990, cP.
13, as amended.
AND WHEREAS the covenants, agreements, conditions and understandings
herein contained on the part of the Owner and the Party of the Third Part, if any,
shall run with the land and shall enure to the benefit of and be binding upon the
parties hereto and their heirs, executors, administrators, successors and assigns,
as the case may be, and shall be appurtenant to the adjoining highways in the
ownership of the Municipality.
.
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration
of the approval of the plans for the development on subject parcel of land by the
Municipality and the sum of ONE ($1.00) DOLLAR, the receipt of which is hereby
admitted, the Owner for himself and for all successors in title, HEREBY AGREES
with the Municipality as follows:
PART A - GENERAL PROVISIONS
1. The parties to this agreement hereby agree that the Owner as herein
stated is the registered owner of those lands described in Schedule "A" to
this agreement and the lands affected by this agreement are as described
in Schedule "A" to this agreement, hereinafter called the "subject lands".
2. The Owner hereby releases the Municipality, its servants, agents and
contractors from any and all liability in respect of the proper maintenance
and operation of the matters and facilities required by this agreement.
3. The Owner agrees to allow the Municipality at its sole expense and in its
sole discretion to register or deposit this agreement in the Registry Office
for the County of Bruce against the "subject lands".
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This is Schedule · iL " to ~-Law
No~-~sse(\ -'i~__'l
of /J'a tift&- 20v(- ~
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Mayor L
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Page 2
Site Plan Agreement
Kinfarm Tire Ltd.
4.
The Owner will at all times indemnify and save harmless the Municipality
on a solicitor and client basis from all loss, costs and damages which the
Municipality may suffer, be at or be put to, for or by reason of the
execution of this agreement. The Party of the Third Part joins herein to
consent hereto and to bind its interest in the lands hereto.
5. The clauses of this agreement are independent and severable and the
striking down or invalidation of anyone or more of the clauses does not
invalidate all or any of the remaining clauses.
6. Nothing in this agreement shall relieve the Owner from complying with all
applicable municipal requirements.
7. The Owner hereby grants to the Municipality, its servants, agents and
contractors a license to enter the "subject lands· for the purpose of
inspection of the works and the "subject lands" or for any other purpose
pursuant to the rights of the Municipality under this agreement.
PART B - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS
8. The Owner agrees to undertake development on the "subject lands·, at its
sole expense, in conformity with the site plan as detailed in Schedule "B·
attached hereto, which shall hereinafter be referred to as the "approved
site plan".
9. The Owner agrees to provide, install or otherwise abide by, at its sole
expense, the site development requirements as detailed in Schedule ·C"
attached hereto.
10. a)
Upon completion of the development of the "subject lands" in
conformity with the provisions of this agreement, the CAO shall
issue a certificate of compliance.
b)
"Certificate of compliance· shall mean a statement of the
Municipality as to the substantial completion of the works, matters
and facilities required by this agreement and shall not be deemed
to certify compliance with any other municipal requirements,
regulations, or by-laws, and the Municipality shall not be stopped
from pursuing any or all of its rights to enforce the continuing
obligations of the Owner under this agreement or to enforce any
other of the Municipality's requirements, regulations or by-laws
which relate to the subject lands.
11. The Owner hereby acknowledges that failure to complete all required
works within the specified time period shall mean a certificate of
compliance will not be issued until such work necessary to complete the
development is done, and that until such certificate of compliance has
been issued, in the event that the prescribed time period has lapsed, the
Municipality has the right to refuse issuance of any permit necessary to
carry out any additional work on the "subject lands".
12. All maintenance and repair of facilities and matters required by this
agreement shall be done by the Owner from time to time at its sole risk
and expense and the Owner agrees the "subject lands· will not impede or
prohibit performance of the maintenance provided for in this agreement.
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Page 3
Site Plan Agreement
Kinfarm Tire Ltd.
13. The Owner agrees to maintain in good repair and at its sole expense the
"subject lands" in conformity with the provisions of Schedule "B" (approved
site plan) and Schedule "C· (site development requirements), and all other
requirements pursuant to this agreement, and all repair or maintenance
shall conform with the requirements of this agreement as it applied to the
original development.
14. The Owner agrees that all vaults, containers, collection bins and other
facilities which may be required for the storage of garbage and other
waste material shall be kept within a completely enclosed building or a
completely enclosed container in the location as shown on Schedule "B".
15. The Owner agrees that, at its sole expense, all parking areas provided on
the "subject lands" shall be reasonably in all circumstances, maintained
clear of snow so as not to prohibit or block or in any way restrict access
along any driveway, walkway for vehicular and pedestrian traffic or reduce
the number of useable parking spaces below the minimum number of
spaces required by the Municipality's zoning by-law. The Owner agrees
not to store snow on-site such that it blocks visibility adjacent to a street or
drainage facilities on-site or where adequate drainage facilities are not
provided or where melt water would adversely affect an abutting property.
16. The Owner agrees to maintain at its sole expense and in good repair to
the standards acceptable to the Municipality all landscaped open space,
private driveways and complementary facilities, and private approach
sidewalks which are located on untraveled portions of Municipality-owned
road allowances abutting the subject lands.
17. The Owner agrees that all facilities and matters required by this
Agreement shall be provided and maintained at its sole risk and expense
and to the satisfaction of the Municipality and that in default thereof and in
the sole discretion of the Municipality, the Municipality may perform such
requirements at the expense of the Owner and such expense may be
recovered by the Municipality in like manner as municipal taxes within the
meaning of Section 326 of the Municipal Act, RS.O., 1990, c.M. 45, as
amended.
18. The Owner agrees to do the following:
a) subject to The Public Transportation and Highway Improvement
Act, RS.O. 1990, facilities, to provide access to and from the lands
such as access ramps and curbings and traffic direction signs;
b) to dedicate to the Municipality, free and clear of all encumbrances,
all Easements and lands required by the Municipality for the
construction, maintenance and improvement of any existing or
newly required watercourses, ditches, land drainage works and
required watercourses, ditches, land drainage works and sanitary
sewage facilities on the land and, on request by the Municipality, to
deliver the properly executed documents in a form that can be
registered, to the Municipality in order to complete the dedication to
the Municipality and to pay all costs incurred by the Municipality in
respect to the aforementioned dedications;
c)
to, where required by Municipal resolution, dedicate to the
Municipality widening of highways that abut on the land described
in Schedule "A" attached hereto, free and clear of all
encumbrances.
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Page 4
Site Plan Agreement
Kinfarm Tire Ltd.
PART C - DEFINITIONS
19. In this Agreement and the Schedules attached hereto:
i) "Building Area" shall mean the only area upon which the erection
and use of buildings and structures shall be permitted.
ii) "Landscaped Open Space" shall mean the areas of open space
comprised of lawn and omamental shrubs, flowers and trees and
may include space occupied by paths, walks, courts, patios but
shall not include parking areas, traffic aisles, driveways and ramps.
iii)
"Parking Area" shall mean the areas of open space other than a
street to be used for the parking of motor vehicles and access
ramps and driveways to areas used for the parking of motor
vehicles which shall be clear of buildings and structures except
those accessory to the operation of the parking area, and which
shall be available and maintained for the parking of motor vehicles
including maneuvering aisles and other space necessarily
incidental to the parking of vehicles.
.
iv) "Natural Open Space" shall mean the areas of open space which
are to remain in a natural state with a minimum amount of
maintenance, but shall not include areas of outside storage, parking
areas, traffic aisles, driveways or ramps, or Building Area. Natural
Open Space areas shall be subject to the requirements of the
Maintenance and Occupancy (Property Standards) By-Law as
amended from time to time for the Municipality and shall be kept
clear of all weeds and natural growth which is prohibited by other
Municipal by-laws. Areas of Natural Open Space may include
areas of Landscaped Open Space.
.
IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal
~ the hand of ~or and Chief Administrative Officer this
. day of C/..J2004. The parties have hereunto set
t eir hands and seals this , JA'h.Àd, day of ()urJ~ ,
2004. I
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c~ ~ vV
Witness
SIGNED, SEALED AND DELIVERED )
in the presence of )
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THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
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Mayor - Glenn §utton
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Chief Administrative Officer -
John deRosenroll
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I HAVE A ORITY TO BIND
THE CORPORATION
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SCHEDULE "A"
Kinfarm Tire Ltd.
Part of Lot 50, Concession 1, North of the Durham Road, in the (former Township
of Kincardine now the Municipality of Kincardine) in the County of Bruce, being
more particularly described as Part 1, according to Reference Plan 3R-3688
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SCHEDULE "B"
Kinfarm Tire Ltd.
The "approved site plan" shall be the plan drawn by the Owner and marked as
the "approved site plan", signed by the Municipality's Chief Administrative Officer
and signed by the Owner with any changes marked in red and initialed by the
Chief Administrative Officer and the Owner. This "approved site plan" shall be
filed with the Municipality's Chief Administrative Officer.
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SCHEDULE "C"
SITE DEVELOPMENT REQUIREMENTS
Kinfarm Tire Ltd.
1.
The Owner agrees that the completion date for all work required pursuant
to this agreement shall be December 31,2005.
2.
The Owner agrees to prepare a grading and drainage plan acceptable to
the Municipality and all surface and roof drainage shall be controlled in
accordance with the approved plans in a manner satisfactory to the
Municipality.
The Owner agrees that any floodlighting of the land shall be installed in
such a manner so as to deflect the light away from adjacent streets and
properties or so controlled in intensity so as to prevent glare on adjacent
streets and properties.
3.
4.
The Owner agrees to ensure during development of the "subject lands"
that appropriate devices are installed and measures taken to prevent
unreasonable erosion of soil from the site by wind or water, and the Owner
agrees to abide by any request of the Municipality's Chief Building Official
or Engineer in this regard, acting reasonably.
5. The Owner agrees to install temporary fencing or otherwise adequately
protect all trees, shrubs and other vegetation which are to be retained, and
such fencing shall be located not closer to any trees than the drip line of
such trees, and the Owner agrees to abide by the requirements of the
Municipality's Pubic Works Manager in this regard, acting reasonably.
6. The Owner agrees that any intemal driveways which are necessary for,
and designated as, a fire route shall be so designed so as to carry the
weight of the Municipality's fire fighting equipment.
7. The Owner agrees to provide all landscaping as shown on the "approved
site plan". All plantings shall be installed to the specifications and
requirements as indicated on the "approved site plan".
8.
The Owner agrees that the site and building shall be designed so as to
provide unobstructed access for wheelchairs to at least one main building
entrance from the public sidewalk/street and one parking area by use of
sidewalk ramps of proper gradient and surfacing.
9. The Owner agrees to appropriately and properly finish all lands lying
between the "subject lands" and any and all abutting streets, which,
without limiting the generality of the foregoing shall include the following:
i) landscaping of lands lying between the street line and property line
not to be used for vehicular or pedestrian entrances with topsoil
and sod/seed.
ii) installation of driveways of proper width and grade from the street
line to the property line with asphalt, concrete or other hard
surfacing acceptable to the Municipality's Engineer.
removal of existing driveways which are not to be used with
replacement by appropriate landscaping as detailed above.
10. The Owner agrees to obtain a building permit within six (6) months from
the date of this agreement. Failure to obtain a building permit within the
prescribed time period shall mean this agreement is null and void.
iii)
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SCHEDULE "C"
PaGe #2
SITE DEVELOPMENT REQUIREMENTS
Kinfarm Tire Ltd.
The Owner agrees that all driveways and parking areas as indicated on
the "approved site plan" shall be surfaced with asphalt, cement, or other
hard surfacing acceptable to the Municipality's Engineer.
The Municipality's Chief Administrative Officer may agree in writing to
minor variations to provisions of this agreement. Please note that all
major variations must be approved by Council in the form of a Site Plan
amendment to this agreement.
The owner agrees to rectify the deficiencies as noted in CAO Report
#2004-18.
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