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HomeMy WebLinkAbout00 107 Sp - Tim Horton Bus. Pk e . e e ,·,_·,_""""~~'.',~,._~_."_,,·c.,,, THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2000 -107 BEING A BYLAW TO AUTHORIZE THE SIGNING OF A SITE PLAN AGREEMENT WITH 1330204 ONTARIO INC. (TIM HORTON OUTLET) WHEREAS the Council for The Corporation of the Municipality of Kincardine deems it advisable to enter into a Site Plan Agreement with 1330204 Ontario Inc. (Tim Horton Outlet); 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 1330204 Ontario Inc. (Tim Hortons) to ensure appropriate development of those lands described as Part Lot 1 , Concession 1, S.D.R. (South of Durham Road), in the Municipality of Kincardine in the County of Bruce, said lands being more particularly described in Schedule "A" of the attached Site Plan Agreement. 2. That the Mayor and Clerk be authorized to sign on behalf of The Corporation of the Municipality of Kincardine the Agreement with 1330204 Ontario Inc. (Tim Horton) which is attached to this By-law and to affix the Municipality's corporate seal as and when required. Pursuant to By-law 1999-78, Council exempts this Site Plan from the requirements of a market study for Building "D" (as shown on Schedule "B" of the attached Site Plan Agreement) only. 4. Proposed buildings "B" and" C" (as shown on Schedule "B" of the attached Site Plan Agreement) on 1330204 Ontario Inc. (Tim Hortons) Site Plan shall be subject to conformity with the former Town of Kincardine Official Plan and former Town of Kincardine Zoning By-law 1988-1, as amended by Municipality of Kincardine By-laws 1999-10, 1999-78 and 2000-33, prior to Building Permit Application. 3. .../2 tit e e - By-Law No. 2000 -107 Tim Horton Business Park Site Plan Agreement By-law Page 2 of 2 5. This By-law shall come into full force and effect on its final passing. 6. This By-law may be cited as the "Tim Horton Business Park Site Plan Agreement By-law" READ a FIRST, SECOND, and THIRD time and FINALLY PASSED this 30th day of August, 2000. ~t7 ,., Mayor . ~ PNvln.. . of - Doèument General F_ 4 -- ...... ........_ _ AGe. ,_ D pi) ,,.,.-- IJ ~-·R * Blook p- - 800 - 0352~~9 (1)""'" Ii ...... T-. 0 (2) P_ 1 of 10_ CERTIFICATE OF RECISTRATlON BRUCE (3) WALKERTON (4) ........ of UIID.." t?¥ 1"h''? ~N/;tJ¡ $JCT SECTION 41/- SITE PLAN CONTROL AGREEMENT (a) C'.R.I.~ .. '00 OCT Ii AI'! 9 55 è~ Ooe------------------------------ --------------------------- ~. 1.00 ..) D...,",'" :--'0 - Part of Lot 1, Concession 1, South of the Durhaa Road (foraerly in the Township of Kincardine), now in the Municipality of Kincardine, in the County of Bruce and designated as Par1r 111 on Plan 3R-7148. .0"'02.. .... Prepoerty N6ntiften ERe"..... ..- I ::"'0 (7) TIoIo D. o .. ea) _ripllon At Ne. Euement -_ell 1("'-...."": o : DeOCl'I oIiotI 0 ~::::- 0 Othe'liI (a) Ta... Dee...... ...."1... _......: . Site Plan Control Agreeaent _de pursuant to section 41 of The Planning Act, R.S.O. 1990, Chapter P.13, as amended. Contmued on Schedule 4~ T...."lIu...Ïlt,........· - _"'IAt R LnM ..... ....iIIoaI(... oul B_. or -real) ........ $ignatu..(s) ~ Oat. of SignakH. Y M 0 2000.09 ~6 -= CORPORATION OF TIm MUNICIPALITY .......................................................................·.······.···..·..·..··.........................m..... OJ' KINCARDINE . .................................... .................. ......................! ..........L... .......................... ....................................... - ............................... ............................... ........... by its solicitor, Albert L. Ostner Albert L. O.tner ...................... .......................................... ..... ............. . ..................... .......! ..........,..... (11) __ ...~ 707 .en Street (121 Parly4laal (&alOUI _ or _t) -+0) Kincardine ontario N2Z lZ9 1IgnoIura(a) Date of Signature y M 0 ........m............... ......................... 1330204 Ontario Inc. ............................. ..................... (OWner) ........................................ .................... ...... .................... .... ........... ....... (111) _.... ...- Municipality of Kincardine County of Bruce WHITE, DUNCAN, OSTNER & LINTON 45 Erb Street East Waterloo, ontario ALO:ct '027300 F... and Tax unlaipal AAI4r_ '" "'oparty (151 Ooau_ ......... lor: '-' RetI- F.. Total n...... ,~. » .::'" ~....- .. , . . . SCHEDULE TO A DOCUMENT GENERAL Page 2 SITE PLAN AGREEMENT This AGREEMENT made this 30th day of August, 2000 BE1WEEN: THE CORPORATION OF MUNICIPALITY OF KINCARDINE hereinafter called the "Municipality" of the First Part, -and- 133c>zo4 Ontario Inc. «nUID 1Ti...1h..l_.. tJi- herinafter called the" Owner" of the Second Part. WHEREAS the Owner represents that he is the registered owner of those lands in the Municipality of Kincardine, County of Bruce, described in Schedule "An 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 "An 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 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 "An 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. ....../2 ^^.",., , . . . " ~, Page 3 Page 2 Site Plan Agreement 3. The Owner agrees to allow the Municipality at its sole expense and in its sole discretion to register or deposit this agreement with the Registry Office for the County of Bruce against the "subject lands". 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 his 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 his sole expense, the site development requirements as detailed in Schedule "CO attached 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 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". ....../3 ..,...:i;ii." , . . . " Page 4 Page 3 Site Plan Agreement 12. All maintenance and repair of facilities and matters required by this agreement shall be done by the Owner from time to time at his sole risk and expense and the Owner agrees the ·subject lands" will not be encumbered in any matter which will impede or prohibit performance of the maintenance provided for in this agreement. 13. The Owner agrees to maintain in good repair and at his 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, container, 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 liB", 15. The owner agrees 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 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 his 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 untravelled 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, R.S.O., 1990. c.MA5, as amended. 18. The Owner agrees to do the following: (a) subject to The Public Transportation and Highway Improvement Act, R.S.O. 1990, facilities, to provide access to and from the lands such as access ramps and curbing and traffic direction signs; ....../4 ,å~?--^ "', · · ",,' · . ~ ~ . page 5 Page 4 Site Plan Agreement (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 improvements 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 pay all costs incurred by the Municipality in respect to the aforementioned dedications; (c) to, where required by Municipality 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. 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 ornamental 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 by the Municipality and shall be kept clear of all weeds and natural growth which is prohibited by other Municipality by-laws. Areas of Natural Open Space may include areas of Landscaped Open Space. ....../5 ,4;jf: . . ~ ( .. ., · · · . Page 6 Page 5 Site Plan Agreement IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attested by the hands of its mayor and clerk This 30th day of Auaust 2000 The parties hereto have set their hands and seal this 30th SIGNED, SEALED AND DELIVERED in the presence of Witness Witness day of .2000. Auaust ) THE CORPORATION OF THE ) MUNICIPALITY OF KINCARDINE ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Per: ) ) ) ) ~ - Mayor - Gord Thompson .... -=s:.- k-- &~~ J . Chief Administrative Officer- John deRosenroll 1~~O2-0~ Ontario Inc.. ¡'I"A'JAA T;II,II= L ¿J. C::¿¡ Ori Goldman I have authority to bind the Corporation . " ~ ... ". · · · . SCHEDULE "A" Part of Lot 1, Concession 1, South of the Durham Road (formerly in The Township of Kincardine), now in the Municipality of Kincardine, in the County of Bruce and designated as Parts'\¡on Plan 3R-7148. AfoJO .1. Page 7 .~ . · · · . ~ .... Page 8 SCHEDULE "B" 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 or deputy, signed by the owner and with any changes marked in red and initialed by the Chief Administrative Officer or deputy and the Owner. This "approved site plan" shall be filed with the Municipality's Chief Administrative Officer. - .> · · · , . ~u· . Page 9 SCHEDULE 'C" SITE DEVELOPMENT REQUIREMENTS 1. The Owner agrees that the completion date for all work required pursuant to this agreement shall be January / 2002. 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 aU 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 Public Works Manager in this regard, acting reasonably. 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 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 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. , . ~,. -.. . , Page 10 · .. · 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. 11. 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. 12. The Municipality's administrator may agree in writing to minor variations to provisions of this agreement, and such minor variations shall not constitute an amendment to this agreement. · · . ,.'iiìIiio;¡.