Body: Council Type: By-law Meeting: Regular Date: 2014 Collection: By-laws Municipality: South Frontenac
[View Document (PDF)](/docs/south-frontenac/By-laws/2014 By-laws/2014-11 - Site Plan Agreement-1324789 Ont Inc.pdf)
Document Text
TOWNSHIP OF SOUTH FRONTENAC BY-LAW NUMBER 2014-11
BEING A BY-LAW TO AUTHORIZE THE MAYOR AND THE CLERK TO EXECUTE A SITE PLAN AGREEMENT BETWEEN THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC AND 1324789 ONTARIO INC.
WIffiREAS a Site Plan Agreement has been prepared to the satisfaction of the Township of South Frontenac and signed by the proponent;
NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS:
- THAT the Mayor and the Clerk are hereby authorized to execute a Site Plan Agreement between the Corporation of the Township of South Frontenac and
1324789 Ontario hic., a copy of which is attached hereto forming part of this by-
law.
THAT this By-law and Agreement shall be registered on title of the properties described as Part Lots 20 & 21, Concession V, Storrington District, Township of South Frontenac.
THIS BY-LAW shall come into force and effect in accordance with section 41 of
the Planning Act 1990, either upon the date of passage or as otherwise provided by the said section 41.
Dated at the Township of South Frontenac this fourth day of February, 2014. Read a first and second time this fourth day of February, 2014. Read a third tune and finally passed this fourth day of February, 2014. THE CORPORATION OF THE TOWNSHIP SOUTH FRONTENAC
^7
Wa e
Gjfl^y Davison, Mayor
7V
irl
erk-Administrator
TfflS SITE PLAN AGREEMENT made this 5th day of February, 2014. BETWEEN: 1324789 ONTARIO INC. hereinafter called the “Owner” OF THE FIRST PART
- and -
THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
hereinafter called the “Municipality” OF THE SECOND PART
WHEREAS the Owner is the registered owner in fee simple of certain lands described in Schedule “A”, attached hereto, located in the Township of South Frontenac (the “Owner’s Land”);
AND WHEREAS the Municipality is authorized to enter into this agreement and
register it against the title to the Lands pursuant to section 41 of the Planning Act and section 6.17 of the Township of South Frontenac Official Plan; AND WHEREAS the Municipality has passed by-law No. 2003-75 to designate aU of the Township of South Frontenac as a “Site Plan Control Area”; NOW THEREFORE, THIS AGREEMENT WITNESSETH that in consideration of
the mutual covenants and agreements contained herein, the parties agree each with the other as follows:
In this Agreement: a)
“Owner” includes a mortgagee in possession, a tenant in possession pursuant to a leasehold interest, and encumbancer in possession and may mean more than one Owner specified in the Certificate of ownership.
The Owner covenants that the Owner is the Owner in fee simple of the Owner’s land.
The obligations unposed by this Agreement affect the land described m Schedule “A” hereto and any restrictive covenants expressed herem run with the land and bind successors in title to the said property as well as the successors and assigns of the Owner.
The encumhrancer agrees to satisfy all the obligations imposed pursuant to this document if it should enter into possession of the said land.
The following schedules are attached to and form part of this agreement and no new building, structure or other facility shall be erected, altered or placed on the said land except m accordance with the attached schedules which consist of:
A. Legal Description of Lands B.
Site Plan
c- Environmental Impact Statement Report Dated June 27,2013, prepared by Ecological Services.
5> Ihe-ow?er.?an p^orm al? ^ w?rk and Pr°Yide a11 the materials necessary for the construction of all principal and accessory buildings and private sewage facilities.
- The Owner agrees to construct a recreational resort commercial development as shown on the Site Plan as detailed on Schedule “B” and complying wilh all
setbacks indicated on the plan includmg the requirement for a minunum setback
of 50 metres from the highwater mark of any waterbody for any development mcluding septic systems. 7
The Owner agrees to construct the entrance to the property to the Township’s .Standards for Commercial Entrances’ prior to development proceeding. Also prior to development, Kier Road must be brought up to a standard acceptable to
the Township to accommodate the traffic generated from the recreational resort commercial use.
- The Owner agrees that it shall not apply for any building permits for the development of the Owner’s Lands until an environmental compliance approval is approved by the Ministry of the Environment permitting the construction and operation of private sewage works for the overall development of the recreational
resort commercial use for a total of 44 tourist homes/cabins. For greater certainty, the parties acknowledge and agree that Environmental Compliance Approval 2491-99VKFP, issued on August 29, 2013 does not permit the construction and operation of a tourist resort in accordance with the applicable zoning for the Owner’s Lands. 9.
Development of the Owner’s Lands shall be m accordance with the environmental
compliance approval issued by the Ministry of the Environment to permit a recreational resort commercial use.
- Development of the Owner’s Lands shall be in accordance with the
recommendations from the Environmental Impact Statement dated June 27, 2013 prepared by Ecological Services and attached hereto as part of Schedule “C”. 11. Roof and site nm-off around buildmgs and structures be directed to sites away from the lake, creek or wetlaad areas to allow for natural treatment and infiltration
to take place. A combination of mechanisms, such as cave trough out-letting over a wide area and re-grading, could be used.
- The owner acknowledges that the Municipality does not maintain or repair and will have no obligation to maintain or repair the private lane (right-of-way) that provides access through the Lands or to perform or provide any other municipal services normally associated with public highways within the municipality. The Owner further acknowledges and agrees that the entrance from the Owner’s
Lands to the Municipal highway does not meet Municipal specifications as of the date this Agreement is entered into. The Owner agrees to design the entrance ia accordance with all applicable Municipal specifications and to the satisfaction of
the Municipality, acting reasonably. The Owner further agrees to construct the entrance in accordance with the approved design and to the satisfaction of the
Municipality prior to applymg for any building permits for any buildmgs on the Owner’s Lands.
- The Agreement shall be registered against the title of the Lands and the
Municipality shall be entitled to enforce its provisions against the Owner and and all subsequent owners of the Lands.
any
?J^^^t^t^^v^lr^l^tS^S/^LO^^?^n?c.faciuties covered bythis
^!?l-e^^:_Tn^eclliefBl?ldm.g.oifici^ordesignate-givmg’sevmdays ^t^-??-ti^lb^re?aidrTstered mail° t?.e owner> the mumcipality, through h’s^ployees, agents or contractors, may, without further notice, aiterupomte
!^^ceedto^SmSsandtodoallthe Tnn^
and works incoBnection with the facilities including the repair or reconsta.ction
of faulty work and the replacement of materials which are not in accordance with
plans or specifications and to charge the cost thereof, together with the cost of
engmeermgand any other expenses incurred by the municipality, against the
Owner.Such entry and workshall not be deeded as acceptance-or assumption of said facilities nor an assumption by the Municipality of any liability. It is expressly agreed that the Owner or any person m possession shall not question the cost incurred by the Municipality for labour, materials or any other costs incidental to do the said work and tins provision shall be deemed to operate as an effective estoppel in judicial proceedings if such costs are challenged or placed m question. The Owner agrees to permit the Chief Building Official,“or agmt, to enter onto the Lands at any time to inspect the work. The Municipality may
perform any of the reqiured services and collect the cost for the enforcement of
this Agreement against the said Lands from the security. 15. The Owner covenants and agrees that the lands and premises more particularly
described in Schedule “A” annexed hereto may only be used for those purposes specified in the Special Recreational Resort Commercial Zone (RRC-2).
WITNESS_the corporate seals of the respective corporate parties hereto, duty affixed under the hands of their respective signing officers, duly authorized m that
behalf.
SIGNED, SEALED AND DELIVERED ) In the presence of
THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
^2:
) ^Ms^w
^
a
SCHEDULE"A” LEGAL DESCRIPTION OF LANDS
Part of Lots 20 & 21, Concession V, Storrmgton District, Township of South Frontenac.
Notes:
\
- Note 1 refers to the location of the main resort
/
Leaera
0
^
building and Accessory Dwelling Unit
TNinLocaNan
0 .
- Note 2 is the location of the Accessory Dwelling
Ph^NriyUr
- Building envelopes may contain two (2) Tourist
m
Home/Cabins
^
^
- The total number of Tourist Home/Cabin’s shall be 44
< ' t
- All buildings/ structures/ septictank and tile fields except a marine facility shall be located no closer than 50 metres (164 ft) to the high water mark.
- Existing vegetation outside of building and sewage
?-.
/
t
0 0 -I -<
^ M
0
^
‘0
^
0
/
^ LOT
^
20
^
^
/
y
t(f
\
^
^
^,
^\
V<3
^
^
tf
V
^ CONCESSION 5 ^
<
^
^.
.f 1
/.
/’
i^ d
f
/
^
id ^-
1 -f .-’.»? ,1
7
» rik
^
w
/
BESanPTION
%
REV,
w
RBWMCES
<J
nSS.
tt.
»
-. fS. It
TY/NN/m
Rt
a> an- -*e mm K «Sr ft .un
BU SnmmSy i-e nril -n m WM,
wB C3 E-( t>s ^
S!
‘I*
0 »
‘/ ^
- to
-i, . <
u 1*1 a;
WEur
LOUGHBOROUGH LAKE PROPERTIES APPLEWOOD LANE. I
d
f^
^
.^..’..^
a
PROJECT
APPLEWOOD LANE LOTS 20 AND 21. CONCESSION 5 TOWNSHIP OF FRONTENAC
‘-. fl
&-
f
it
f
CON. S
Ik f
f<0<
etween_
‘otwessfor^,
mi£
CONl .* srrEPLAN
35r1ce 00.
WESA, a cfimsion of HuMetric Environmefdal Inc. .> Catomuf S&mt la1WA"’_ttato*-“K 1CT
WESA
meters 0
100
26Q
^.W9s"i-a7aB lwt: (“V “’-”
Brntf” a&ttonrtfaBO
300
.\
BO
^
v
%2
.^^
»
^ w
%
/
y LOT 2 ? ri ^
.^
S
^
T
/
.**
a
f_
/
)
NWfflWIMn .WBBBUB
Oi Oi n
1 h. »3
^
r=
\J
A
ft
..^
- The existing dwelling on Keir road is to be removed
^
s^-f
.^
Compliance Approval #: 2491-99VKFP
N
1
yofi
A” ^.
ftopBNd BdUu BiNlapa
/
L..-
- The development is subject to Environmental
>
?*"
^ te’
Jr 1
r
system envelopes is to be maintained.
frnFCiri fhrfki B*d FtoaflH CNhimW
Township of South Frontwac
+.
ftupowd Oipfc Did Fan^rU <n IUN |)
mte Mttvy-».yumWuB BUto<iTndkah7 HEM, Sljnutiri, NEStodi,
a
^Mr-?-.‘company BartHEau. W.-HftWW.’ >k5H(Nin»W».
WICUECT*
(MTE
2013-1002
K-B7509-0&00 OWMH
KC
Wi’aajt
JVS
oweno.
fCV
SCHEDULE “CM
ENVIRONMENTAL IMPACT STATEMENT REPORT FROM ECOLOGICA SERVICES (June 27,2013)
