Body: Council Type: By-law Meeting: Regular Date: 2017 Collection: By-laws Municipality: South Frontenac
[View Document (PDF)](/docs/south-frontenac/By-laws/2017 By-laws/By-law 2017-23 - Site Plan Agreement with 18095005 Ont Ltd.pdf)
Document Text
TOWNSHIPOF SOUTHFRONTENAC BY-LAWNUMBER2017-23 BEINGA BY-LAWTO AUTHORIZETHE MAYORANDTHE CLERKTO EXECUTEA SITEPLANAGREEMENTBETWEENTHE CORPORATIONOF
THE TOWNSHIPOFSOUTHFRONTENACAND 18095005ONTARIO LIMITED.
WHEREASa Site Plan and Site Plan Agreement have been prepared to the satisfaction of the Township of South Frontenac;
NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC BY ITS COUNCI, HEREBY ENACTS AS FOLLOWS: 1.
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 18095005Ontario Limited, a copy ofwhichis attachedhereto forming part ofthis by-law.
THAT this By-law and Agreement shall be registered on title of the property described as Part Lot 19, Concession H, Stonington District, Township of South Frontenac,Municipallyknownas 1810PerthRoad.
THIS BY-LAW shall come into force and effect in accordance with section 41 of
the Plamiing Act 1990, either upon the date of passage or as otherwise provided bythe saidsection41.
Dated at the Township of South Frontenac this second day of May, 2017. Read a first and second time this second day of May, 2017. Read a third tune and finally passed this second day of May, 2017.
THE CORPORATIONOF THE TOWNSHIP OF SOUTH FRONTENAC
{Ion Vandewal,Mayor
Clerk-Administrator
THIS SITE PLANAGREEMENTMADE THIS OF JUNE, 2017
DAY
BETWEEN: 18095005 ONTARIO LIMITED hereinafter called the “Owner”
OF THE FIRST PART -and -
THE CORPORATIONOF THE TOWNSHIPOF SOUTH FRONTENAC hereinafter called the “Municipality” OF THE SECOND PART
WHEREASthe Owneris the registered owner in fee simple ofcertain lands described in Schedule “A”, attached hereto, located in the Township of South Frontenac (the “Owner’s Land”);
ANDWHEREAS 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;
ANDWHEREASthe Municipality has passed by-law No. 2003-25 to designate all of the Township of South Frontenac as a “Site Plan Control Area”;
NOW THEREFORE, THIS AGREEMENT WITNESSETH that in consideration
ofthe 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
pursuantto a leasehold interest, andencumbancer in possession and may mean more than one Owner specified in the Certificate of ownership. 1.
The Owner covenants that the Owner is the Owner in fee simple of the Owner’s land.
The obligations imposed by this Agreement affect the land described in
Schedule “A” hereto and any restrictive covenants expressed herein run with the land and bind successors in title to the said property as well as the successors and assigns of the Owner.
The encumbrancer 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 in accordance with the attached schedules which consist of:
A. B. C.
Legal Description of Lands Site Plan and Drawings Specification of Commercial/lndustrial Entrance
The Ownershall perform all the work and provide all the materials necessary for the construction of a new facility and the fencing, aisles and manoeuvring areas, entrance improvements and plantings as specified on
the Site Plan drawings shown on Schedule “B” to this Agreement. 6.
In addition to the existing automated gas bar as shown on Schedule “B”, the Owner shall construct a 5, 000 ft. 2 footprint, two storey mixed use commercial/residential building including access, manoeuvring and parking areas (including barrierfree spaces) located as shown on Schedule “B” DWG No. SP1.
7
Site development shall include access aisles and manoeuvring and parking areas paved with asphalt as shown. The fire route specified on Schedule “B” DWG No. SP1 shall remain unobstructed and it should be
noted that there is no additional requirement for on-site water storage for fire protection.
The access onto Perth Road is to be constructed to Township specifications for commercial/industrial entrances as shown on Schedule
“C” including the requirement that it be paved with asphalt. The required access aisles and manoeuvring areas shown on the Schedule “B” drawings are also to be paved with asphalt. 9.
Development shall include septic tank and distribution area in addition to an amenity area and landscaping as indicated on Schedule “B” DWG No.
SP1 and landscaping shall be planted as shown and in accordance with the Township’s Site Plan Guidelines. 10.
Site grading shall be established in accordance with Schedule “B” DWG
No. SP2 including swale barriers and swale outlets (specified on DWD No. SP4. 11.
Signage shall be designed and located as shown on Schedule “B” DWG
Nos. SP1 and SP2 and generally as shown on DWG Nos. SP 3 and SP4. 12.
Existing sea containers and trailers on the site as illustrated on the Schedule “B” drawings shall be remove at the start of substantial construction.
The Owner shall prevent damage being caused to existing public highways, other publicworks or municipal property in the course of development of the lands.
The Owner shall undertake a traffic impact assessment to determine any requirements for upgrades to the Township public road (Perth Road) and the Ownershall make financial contributions to the Municipality, and to the municipality’s satisfaction, towards any required public road improvements.
In the event of a sale ofthe improved lands, the new Ownerwill assume full and complete responsibility for the continuing obligations under this
Agreement. The enforcement of this Agreement is the responsibility of the Municipality.
The Agreement shall be registered against the title of the Lands and the
Municipalityshall be entitled to enforce its provisions againstthe Owner and any and all subsequent owners of the Lands.
17
In the event that the Owner fails to install or maintain the facilities covered
bythisAgreement, then, upon the ChiefBuilding Officialor designate, giving seven days written notice by pre-paid registered mail to the
Owners, the municipality, through it’s employees, agents or contractors, may, withoutfurther notice, enter upon the lands and proceed to supply all materials and to do all the necessary inspections and works in connection
with the facilities including the repair or reconstruction offaulty work and the replacement of materials which are not in accordance with plans or specifications and to chargethe costthereof, togetherwiththe cost of engineering and any other expenses incurred bythe municipality, against the Owner. Such entry andwork shall not be deemed as acceptance or assumption ofsaidfacilities nor an assumption bythe Municipalityofany liability. It is expressly agreedthatthe Owners or any person in possession shall not question the cost incurred by the Municipality for labour, materials or any other costs incidental to do the said work and this
provision shall be deemed to operate as an effective estoppel injudicial proceedings if such costs are challenged or placed in question. The
Owners agree to permit the Chief Building Official, or agent, to enter onto the Lands at any time to inspect the work. The Municipality may perform any of the required services and collect the cost for the enforcement of
this Agreement against the said Landsfrom any security received. 18.
The Owner covenants and agrees that the lands and premises more particularly described in Schedule “A"annexed hereto may only be used forthose purposes specified in Comprehensive Zoning By-law No. 200375 and site-specific By-law#2017-17.
WITNESSthe corporate seals of the respective corporate parties hereto affixed under the hands of their respective signing officers, duly authorized, in that behalf.
SIGNED. SEALED AND DELIVERED In the presenpe pf
7Qwi6sr: I F/avetheauthorityto bind the corporation.
THE CORPORATIONOF THE TOWNSHIPOF SOUTH FRONTENAC
) ) ) ) ) ) )
) ) )
Mayor
Clerit/<
SCHEDULE"A” LEGAL DESCRIPTION OF LANDS
Part of Lot 19, Concession II, Storrington District, Township of South Frontenac: Municipally Known as 3810 Perth Road, Inverary.
SCHEDULE"B" SITE PLAN Drawing No. JC170329 including drawings: SP 1, SP 2, SP3, SP4 and SP5
Prepared by Hambly Group, Division of 8436550 Canada Corporation Drawings received by the Township Planning Department on June 13, 2017.
N
ON ^INE T
750 mm GRANULAR ‘A’ OVER 200 mm CRANULAR ’ B’ OVER SOUND COMPACTED BASE SEE DETAIL ON SP4 9. THE BASE OF THIS DRAWING- IS THE SURVEY PLAN OF 2017 PROVIDED BY ’ HOPKINS CHITTY LAND SURVEYOR INC.’ 10. LANDSCAPING CONSISTS OF A LAWN OVER THE SEPTIC BED AND A 1. 6 m STRIP ALONG THE FRONT EDGE OF THE PAVEMENT OF SHRUBS AND FLOWERS. THESE PLANTS WILL BE SELECTED FROM THE TOWNS RECOMMENDED SPECIES LIST.
\
JUN 13 2017 TOWNSHIP OF SOUTH FRONTENAC
PLANNINGDEPARTMENT
1AMBLY ( DIVISION OF 8436550 CANADA CORPORATION 1104 Cedarwoods Verona,
Dr.,
ONTARIO KOH 2 WO TEL 613 374 1746
CEL 613 536 8193 FAX 613 536 9118
809505 ONTARIO
ED
PROPOSED SITE PLAN LOCATION: 3810 PERTH RD., INVERARY DWG NO.
SP1
c
SCALE 1:300 DATE
17-03-28
,
RRIER
3/SP4
LECENR
EXISTING ELEVATION^
GSZSS “PROPOSED ELEVATION 5ZS§^BOTTOM OF CURB OVERHEAD HYDRO LINE
^n
OHL
BOB
EDGE OF PAVEMENT “BOTTOM OF BANK _
‘DIRECTION OF FLOW & GRADE
\
JUN 1 3 2017 TOWNSHIP OF SOUTH FRONTENAC PLANNING DEPARTMENT
?ILY( DIVISION OF
8436550 CANADA CORPORATION 1104 Cedarwoods Dr., Veron a,
ONTARIO
KOH 2 WO
TEL 613 374 1746
CEL 613 536 8193 FAX 613 536 9118
809505 ONTARIO LIMITED
^PROPOSED GRADE PLA1 TOCATION: 3810 PERTH RD., INVERARY DWG NO.
SP2 SCALE ^300_DATE
v"F-fSV:SW
17-03-28
POST (6 TOTAL) 500 SONO TUBE
BE BENT FROM IRON AFTER AND ROUNDING
m/M/B/LV ( DIVISION OF
8436550 CANADA CORPORAT/Oi
DWG NO.
SP3
><
x
^MBL ¥ ( DIVISION OF
8436550 CANADA CORPORAT/C 1104 Cedarwoods Dr. Verona, ONTARIO KOH 2 WO
(typ)
OIL
DWG NO.
SP4 17-03-28
DIVISION OF
8436550 CANADA CORPORATION
DWG NO.
SP5
MINISTRY OF TRANSPORTATION ONTARIO
.
^
CSAS - 23
6
TOUCK ACCESS
s
ALL TRUCK DESIGN VEHICLES DATE: 1894-01
REV:. -
ABEA. JS_a£_EA/E&.
3 ce
^
§
w
In
D 0
NOTES: Layout and curve offsets shown
represent design without- taper.
I
For design with taper these values have to be calculated;
I ^
In
The compound curve is based on
the manoeuvre of a WB-15 design
vehicle. However the entrance will
d
accommodate all . larger design . vehicles.
n
TAPER LENGTH
t-1
§
Basftd on {.one Ghange Critcrium. Design Spaad
103
km/h
60
70
ao
so
100
f.Taper. TH
50
60
70
7S
so
TAPER,is OPTiQNAt EDGE OF PAVEMENT SCALE 1:500
s
