HomeMy WebLinkAbout00 061 Amended by No. 00-152
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
No. 2000 - 61
A BYLAW TO AUTHORIZE THE SIGNING OF A SITE PLAN
AGREEMENT WITH MID-TOWN SERVICE CENTRE AND SALES LTD.,
DENNIS JOHN PIERSON AND CAROL ANNE PIERSON
WHEREAS the Council for The Corporation of the Municipality of Kincardine
deems it advisable to enter into a Site Plan Agreement with Mid-Town Service
Centre and Sales Limited., Dennis John Pierson and Carol Anne Pierson;
AND WHEREAS the Ontario Planning Act, R.S.O. 1990, P. 13, Section 41,
authorizes municipalities to enter into Site Plan Agreements;
NOW THEREFORE the Council for The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That The Corporation of the Municipality of Kincardine enter into a Site Plan
Agreement with Mid-Town Service Centre and Sales Limited, Dennis John
Pierson and Carol Anne Pierson attached as Schedule "A" to this by-law to
ensure appropriate development of those lands described on Schedules "A"
and "B" of the attached Site Plan Agreement, known municipally as 286
Durham St., in the Municipality of Kincardine (formerly in the Town of
Kincardine), in the County of Bruce.
2. That the Mayor and Chief Administrative Officer be authorized to sign, on
behalf of The Corporation of the Municipality of Kincardine the Agreement
with Mid-Town Service Centre and Sales Limited, Dennis John Pierson and
Carol Anne Pierson which is attached to this By-law and to affix the corporate
seal as and when required.
3. That By-law No. 1999-133 be hereby repealed.
4. This By-law shall come into full force and effect upon its final passage.
5. This By-law may be cited as the "Mid-Town Service Centre and Sales Limited
and Dennis and Carol Pierson Site Plan Agreement, By-law".
READ a FIRST, SECOND, and a THIRD time and FINALLY PASSED this
10th day of May, 2000.
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CERTIFICATE OF RECISTRATlOIt
BRUCE (3)WALKERTON
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SITE PLAN AGREEMENT
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FIRSTLY: Part of Lot 9, South Side of Durham
Street, Municipality of Kincardine (formerly
Town of Kmncardine), County of Bruce, more
particularly described in Schedule "A".attache
hereto. .
SECONDLY: South 148 feet of Lot 10, South of
Durham Street, - J, Municipality of
Kincardine (formerly Town of Kincardine) ,
County of Bruce and more particularly
described in Schedule "B" attached hereto.
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Agreement made pursuant to the provisions of Section 41 of the Planning
~, R.S.O. 1990, c. P.13, as amended.
Continued on Schedule
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KINCARDINE
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707 Queen Street, Kincardine, Ontario
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Date of Signature
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County of Bruce
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Page 2
SCHEDULE TO A DOCUMENT GENERAL
SITE PLAN AGREEMENT
This AGREEMENT made this
BETWEEN:
/(JIJ,
l'1tA.ý
,2000.
day of
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
hereinafter called the "Municipality"
of the First Part,
-and-
MID-TOWN SERVICE CENTRE AND SALES L TO.
-and-
DENNIS JOHN PIERSON
-and-
CAROL ANNE PIERSON
hereinafter called the "Owners"
of the Second Part.
WHEREAS the Owners represent that they are the registered owners of those
lands in the Municipality of Kincardine, County of Bruce, described in Schedule
"A" and Schedule "B" 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" and Schedule "B" 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, C.P.
13, as amended.
AND WHEREAS the covenants, agreements, conditions and understandings
herein contained on the part of the Owners 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 Owners as herein
stated is the registered owner of those lands described in Schedule "A"
and Schedule "B" to this agreement and the lands affected by this
agreement are as described in Schedule "A" and Schedule "B" to this
agreement, hereinafter called the "subject lands".
2.
The Owners hereby release 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 owners agree 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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Mid-Town Service Centre & Sales Ltd., Pierson Site Plan Agreement
The owners 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 Owners from complying with all
applicable municipal requirements.
7. The Owners hereby grant 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 Owners agree to undertake development on the "subject lands", at his
sole expense, in conformity with the site plan as detailed in Schedule "C"
attached hereto, which shall hereinafter be referred to as the "approved
site plan".
9. The Owners agree to provide, install or otherwise abide by, at his sole
expense, the site development requirements as detailed in Schedule "D"
attac::hCKJ hereto.
10. a)
Upon completion of the development of the "subject lands" in
conformity with the provisions of this agreement, the Municipality
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 Owners under this agreement or to enforce any
other of the Municipality's requirements, regulations or by-laws
which relate to the subject lands.
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11. The Owners hereby acknowledge that failure to complete all required
works within the specified time peñod 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".
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12. All maintenance and repair of facilities and matters required by this
agreement shall be done by the Owners from time to time at his sole risk
and expense and the Owners agree the "subject lands· will not be issued
in any matter which will impede or prohibit performance of the
maintenance provided for in this agreement.
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Page 3
Mid-Town Service Centre & Sales Ltd., Pierson Site Plan Agreement
13. The Owners agree to maintain in good repair and at his sole expense the
"subject lands" in conformity with the provisions of Schedule "C" (approved
site plan) and Schedule "D" (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 Owners agree 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 "C".
15. The Owners agree that, at his 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 Municipal zoning by-law. The Owners agree 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 Owners agree to maintain at their 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 Municipally-owned
road allowances abutting the subject lands.
17. The Owrters agree 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 Owners 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 Owners agree 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" and Schedule "B" attached hereto, free and clear of
all encumbrances.
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Mid-Town Service Centre & Sales Ltd., Pierson Site Plan Agreement
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.
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Mid-Town Service Centre & Sales Ltd., Pierson Site Plan Agreement
IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal
attested ~ the hand of its Mpyor and Chief Administrative Officer this
/IJ I. day of 1'11.1 2000. The parties have hereunto set
their hands and seals this //}-IJ. day of l'1.tý ,
2000. r
SIGNED, SEALED AND DELIVERED )
in the presence of )
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THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
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1Iífayoc - Go Jarrell
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lef Administrative Officer-
John senroll
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SCHEDULE lOB"
(Mid-Town Service Centre & Sales Ltd., Pierson Site Plan Agreement)
FIRSTLY, ALL AND SINGULAR that certain parcel or tract of land and premises
situate, lying and being in the said Town of Kincardine, now the Municipality of
Kincardine, County of Bruce, and being composed of the south 148 feet of Lot
Ten (10) South of Durham Street, I " and being more particularly described
as follows:
COMMENCING at the Southeast angle of said Lot 10;
THENCE Northerly along the Easterly limit of said Lot 10 a distance of 148 feet
to a point;
THENCE Westerly and parallel with the Southerly limit of said lot 10 to a point in
the Westerly limit of said Lot 10, which point is distant 148 feet measured
northerly along the said westerly limit from the southwest angle;
THENCE Southerly along the Westerly limit a distance of 148 feet to the
Southwest angle ofsaid Lot 10;
., THENCE Easterly along the Southerly limit of said Lot 10 to the POINT OF
-- COMMENCEMENT; ~ dR.ccr',bed in :In'fr.. \"'fflICU:..
SECONDLY, Part of Lot 9, South side of Durham Street, now designated as Part
1 on Reference Plan 3R-4318, in the said Town of Kincardine, now Municipality
of Kincardine, County of Bruce;
THIRDLY, Part of Lot Numbers 8 and 9, South side of Durham Street, in the said
Town of Kincardine, now Municipality of Kincardine, County of Bruce, designated
as Part 11 on Reference Plan 3R-642;
,
FOURTHLY, being composed of the north seventy-two (72') feet throughout from
front to rear of Lot Number Ten (10) on the South side of Durham Street in the
said Town of Kincardine, now Municipality of Kincardine, County of Bruce, as
described in instrument No. 128082 in the Land Registry Division of the County
of Bruce (no. 3).
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SCHEDULE "A"
(Mid-Town Service Centre & Sales Ltd., Pierson Site Plan Agreement)
Part of Lot number nine (9) on the south side of Durham Street in the said Town
of Kincardine, now Municipality of Kincardine, County of Bruce, more particularly
described as follows:
COMMENCING at the north east angle of said Lot Number Nine (9);
THENCE westerly along the northerly limit of said lot a distance of fifty-five (55')
feet;
THENCE in a southerly direction parallel to the easterly limit of said lot to a point
measured northerly forty-five (45') feet from the southerly limit of said lot;
THENCE easterly and parallel with the northerly limit of said lot a distance of fifty-
five (55') feet more or less to the easterly limit of said lot;
THENCE northerly along the said easterly limit to the point of commencement
SAVE AND EXCEPT part of said Lot 9, now designated as Part 1 on Reference
Plan 3R-4318.
As described in instrument #278960.
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SCHEDULE '·'C"
Mid-Town Seryice Centre & Sales Ltd., Pierson Site Plan Agreement
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THIS IS SCHEDULE ·~E
'MID-TOWN SERVICE CENTRE
& SALES L TO., PIERSON StTE
PLAN AGREEMENT
APPROVED THIS /OH. DAy
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SCHEDULE "D"
Mid-Town Service Centre & Sales Ltd., Pierson Site Plan Agreement
SITE DEVELOPMENT REQUIREMENTS
1. The Owner agrees that the completion date for all work required pursuant
to this agreement shall be December 31 ,2000.
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.
3. 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.
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
Municipe.lity's Pubic Worb Managèrinthis l"E!Qard,actiflgreaaonably.
6. The Owner agrees that any internal 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 ofthe 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.
iii)
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 pennit within six (6) months from
the date of this agreement. Failure to obtain a building pennit within the
prescribed time period shall mean this agreement is null and void.
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SCHEDULE liD"
Page 2
Mid-Town, Service Centre & Sales Ltd., Pierson Site Plan Agreement
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 and such minor variations
shall not constitute an amendment to this agreement.
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