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HomeMy WebLinkAboutBy-law 4615/95 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 4615/95 Being a by-law to authorize the execution of a Condominium Agreement respecting the development of those parts of Lot 19, Concession 1, Pickering, designated as Parts 1 and 2, Plan 40R-15638 (Draft Plan 18CDM-94004; Brilden Developments Limited). WHEREAS, the proposal to subdivide and register a plan of condominium of those parts of Lot 19, Concession 1, Pickering, designated as Parts 1 and 2, Plan 40R-15638, has been approved by the Council of The Corporation of the Town of Pickering and the Regional Municipality of Durham subject to several conditions, one of which requires the entering into of a satisfactory Condominium Agreement with The Corporation of the Town of Pickering; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Condominium Agreement, in the form attached hereto as Schedule A, respecting the development of those parts of Lot 19, Concession 1, Pickering, designated as Parts I and 2, Plan 40R-15638, included in Draft Plan 18CDM-94004 (Brilden Developments Limited), BY-LAW read a first, second and third time and finally passed this 5th day of June, 1995. Wayne A~rth~, Mayo~ Bruce Taylor, Clerk TOWN OF PI ,:,.,.; iO FOaM Schedule A THIS CONDOMINIUM AGREEMENT made June 5, 1995. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING herein called the "Town" OF THE FIRST PART, - and - BRILDI~N DEVELOPMENTS LIMITED herein called the "Owner" OF THE SECOND PART. WHEREAS the Owner proposes to register a plan of condominium on those parts of Lot 19, Concession 1, Picketing, designated as Parts 1 and 2, Plan 40R-15638, in accordance with Draft Plan of Condominium 18CDM-94004; and WHEREAS therefore, as a condition of the Regional Municipality of Durham's approval of that draft plan, the Owner is required to enter into an Agreement with the Town dealing with and ensuring continued compliance with certain plans and drawings respecting the project; NOW THEREFORE THIS AGREEMENT WITNESSETH, that in consideration of the sum of $2.00 now paid by each Party to the other, receipt of which is hereby acknowledged, the Parties hereto agree as follows: 1. The land and premises affected by this Agreement (herein called the "Lands") are those parts of Lot 19, Concession 1, Picketing, designated as Parts 1 and 2, Plan 40R-15638. 2. No use shall be made of the Lands, or of any building or structure thereon, and no development, as defined in section 41 of the Planning Act R.S.O. 1990, chapter P.13, shall be undertaken on the Lands except in conformity with this Agreement and with the following plans and drawings (herein collectively called the "Plans"): Plan Last No, Plan Title Plan Date Revision (a) A-1 Site & Grading Plan Nov, 1993 July 14, 1994 (b) A-2 Underground Garage Floor Dec. 1993 July 14, 1994 Plan & Grid Plan (c) A-7 Floor Plans Block "C" Feb. 1994 June 21, 1994 (d) A- 14 Part Basement Floor Plan & Side Feb. 1994 July 14, 1994 Elevations (Block J) (e) A-17 Elevations Feb. 1994 June 21, 1994 (f) A-19 Elevations (Type A) Feb. 1994 June 21, 1994 (g) A-21 Elevations (Type B) Feb. 1994 June 21, 1994 (h) A-23 Elevations & Sections (Type C) Feb. 1994 June 21, 1994 (i) A-25 Elevations & Sections (Type D) Feb. 1994 July 14, 1994 (j) A-30 Part Elevation (Block J) Feb. 1994 July 14, 1994 prepared by Suu~dda Patkar Architectural Corporation, (k) L1 Landscape Layout Oct. 1993 June 2, 1994 (1) L2 Planting Plan Oct. 1993 June 2, 1994 (m) L3 Enlargement Areas Oct. 1993 June 2, 1994 (n) L4 Front Yard & Entrance Features Oct. 1993 June 2, 1994 (o) L5 Details Oct. 1993 June 2, 1994 (p) L6 Details- Planting Oct. 1993 Feb. 1994 (q) L7 Finch Avenue Elevation June 1994 Unrevised prepared by Paul Cosbum Associates Limited. 3. The Owner shall complete and maintain, in conformity with the Plans, to the Town's satisfaction and at the sole risk and expense of the Owner, all of the facilities and works that are both shown on the Plans and serve or are located on the Lands, and shall ensure the timely removal of garbage and refuse from the Lands and of snow from access ramps, driveways, parking and loading areas and walkways on or adjacent to the Lands. 4. (1) The Owner shall implement the recommendations of the report entitled "Traffic Noise Impact Study for Proposed Plan of Condominium 18CDM-94004 - Pickering, Ontario" dated December 8, 1994, as amended by letter reports dated March 2, 1995 and March 21, 1995, prepared by Howe Gastmeier Chapnik Limited. (2) The following warning clause shall be registered on the title to units I to 8 and 54 to 60: Purchasers are advised that, despite the inclusion of engineered noise control measures in this development, noise from increasing road traffic may continue to be of concern, and may occasionally interfere with the activities of the occupants, as future noise levels are anticipated to exceed the Municipality's noise criteria. 5. For the purpose of guaranteeing, (a) the completion of the facilities, works or matters shown on the Plans, and (b) the maintenance (for one year after the registration of the Plan of Condominium) of the facilities and works required to be completed under section 3, above, the Owner shall provide to the Town, prior to the registration of the Plan of Condominium, a security in the form of an irrevocable letter of credit issued by a chartered bank in Canada in the amount of $350,000 and in a form satisfactory to the Town which security may be drawn upon by the Town in such amounts, and at such times as the Town, in its sole discretion, deems advisable, should the Owner fail to complete or maintain the facilities, works or matters, as the case may be, to the Town's satisfaction. 2 6. The Owner shall pay to the Town prior to the registration of this Agreement the sum of $67,000 in order to satisfy the Owner's obligation to provide parkland. 7. This Agreement shall enure to the benefit of and be binding upon the Parties hereto and their respective heirs, administrators, executors, successors and assigns. IN WITNESS WHEREOF the Parties herein have hereunto affixed their respective corporate seals, attested to by the hands of their proper authorized officers. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Brace Taylor, Clerk BRILDEN DEVELOPMENTS LIMITED Jeremiah Francis Coughlan, President 3 SPECIAL PROVISIONS REQUIRED BY THE REGIONAL MUNICIPALITY OF DURHAM The sections set out in this Schedule represent provisions not affecting the Town but required to be inserted in this Agreement by the conditions of Draft Approval dated April 28, 1995 of Draft Plan of Condominium 18CDM-94004 by the Commissioner of Planning of the Regional Municipality of Durham (the "Approval"). 1. MINISTRY OF NATURAL RESOURCES ("M.N.R.") M.N.R. requires that the Owner shall, (a) carry out the works referred to in Conditions 4 and 5 of the Approval to the satisfaction of M.N.R.; (b) maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period in a manner satisfactory to M.N.R.; and (c) advise M.N.R. 48 hours prior to commencement of grading or the initiation of any on-site works. Resolution # 13/95 11. DRAFT PLAN OF CONDOMINIUM 18CDM-94004 J.F. COUGHLAN PART OF LOT 19, CONCESSION 1 (SOUTHEAST CORNER OF FINCH AVENUE AND ROYAL ROAD) FILE NUMBER - B 4100 - 18CDMo94004 That Draft Plan of Condominium 18CDM-94004, submitted by J.F. Coughlan, on lands being Part of Lot 19, Concession 1, be APPROVED subject to the following conditions: 1. That this recommendation apply to the plan prepared by J.D. Barnes Limited, Signed by the surveyor on July 29, 1994 and the owner on August 6, 1994, and bearing the Town Recommendation stamp. 2. That prior to final registration of this plan: (a) the owner complete all works associated with the approved site plans, including, but not necessarily limited to landscaping, fencing, lighting and surface treatments, to the satisfaction of the Director of Planning; (b) the owner submit a Draft Durham Condominium Plan to be approved by the Town Planning Department to ensure consistency between it and the approved site plan; (c) the owner enter into an appropriate condominium agreement with and to the satisfaction of the Town which shall include, but not necessarily be limited to the following requirements: (i) the continued compliance of the subject property with the Town-approved site plan; (ii) co°operation with the Town in such areas as snow storage, refuse collection, and driveway entrance maintenance. Council Minutes February 20 1995 Attachment to letter dated April 28, 1995 To: J'.F. Coughlan Construction Co. Ltd. From: A. L. Georgiefl', M.C.I.P., R.P.P. Comm~ioner of Planning Re: Plan of Condominium 18CDM-94004 Town of Picketing COND/TIONS OF DR.AFI' APPROVAL 1. The Owner shall have the final plan prepared on the basis of approved draft plan of condominium 18CDM-94004, prepared by J,DJ Barnes Ltd., identified as reference number 93-21-356-O, dated J'uly 29, 1994, wMch/llustrates a 72 unit residential townhouse and apartment development. 2. The Owner shall satisfy aH requirements, financial and otherwise, of the Town of Picketing, This shah include, among other matte~, the execution of a condominium agreement between the Owner and the Town of Picketing, concem/ng such matter~ as follows: compliance with the mun/c/pal/ty's approved site plan in terms of refuse collection, snow storage and driveway entrance maintenance. 3. The Owner shall agree in the Town of picketing Condominium Agreement to implement the recommendation of the report, ent/tled "Traffic Noise Impact Study for Proposed Plan of Condominium !8CDM-94004', and amended by letter reports dated March 2~ 1995 and March 21, 19951 which specify noise attenuation measures for the development. The measures shah be included in thc condominium agreement and must also contain a full and complete reference to thc noise report and letter~ (i_e. author, title, date and any revisions/addenda) and shah include any requh'ed warning clauses identified in the study. The Owner shah prov/de the Rog/on w/th a copy of the condom/n/urn agreement containing such provisions prior to final approval of the plan.' 4. Pr/or to any on-site grad/rig or construction or final registration of the plan, the Owner shall submit and obtain approval of the Ministry of Natural Resources for reports describing the following: a) thc intended means of conveying stormwater/low from the site, including use of stormwater management techa/ques wh/ch are appropriate and in accordance w/th the provincial 'Urban Drainage and Design Guidelines*, April 1987, and ~Interim Stormwater Quality Control Guidelines for New Development', May 19911 b) the anticipated impact of the development on water q6ality, as it relates to fi~h and w/Id~fe habitat once adequate protective measures have been taken; c) the means whereby erosion and sed/mentation and their effects will be minimized on the site during and after cons/ruction, in accordance w/th the provincial Page 2 "Guidelines on Erosion and Sediment Control for Urban Construction Sites", May 198'7, add '"Technical Guidelines: Erosion and Sediment Control", February 1959 published by the Ministry of Natural Resources; Note: Ponds for temporary sediment control should be capable of accommodating 125 ma/hectare of contributing drainage area for a period of not less than 12 hours or removing particle sizes down to 40 microns. d) site soil conditions, including grain size d/sttibution profiles; and e) site grading plans. 5. Thc Owner shall submit to thc Ministry of Natural Resources detailed plans regarding alterations to the watercourse. Any proposed alterations requh'e application under the Lakes and Rivers Improvement Act for review and approval by this Ministry. Three copies of this information should be submitted in conjunction with the requirements of Condition 4. 6. The condominium agreement between the Owner and the Town of Picketing shall contain, among other matters, the following provisions: a) The Owner agrees to carry out the work~ referred to in Condition 4 and Condition 5 to the satisfaction of the M{nl.qtry of Natural Resoprce.~. b) The Owner agreea to maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the constrm/tion period, in a manner satisfactory to the MinLqtry of Natural Resource*. c) The Owner agrees to advise the Ministry of Natural Resources 48 hours prior to- commencement of grading or the initiation of any on-site works. 7. Prior to final approval of this plan of condominium for registration, the CommiSSioner o~ Planning for the Regional Municipality of Durham shall be advised in writing by: a) the Town of Picketing, how Conditions 1 and 2 have been satisfied; and b) the Ministry of Natural Resources, how Conditions 4, 5, 6a), 6b) and 6c) have been satisfied. NOTES TO DRAFT APPROVAL 1. A~ the Owner of the proposed condominium, it is in your interest, as well a~ your responsibility, to satisfy all of thc conditions of draft approval in.an expeditions manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval may be withdrawn at any time prior to final approval. Page .3 2. All plans of condominium must be registered ia the Land Titles slatem within the Regional Municipality of Durham. 3. The Ministry of Natural Resources requirements are required to be included in the local municipal condominium agreement. A copy of the agreement shall be sent to the following address in order to facilitate the clearance of 9onditions for final approval of this plan: Ministry of Natural Resources, Maple District Office, 10401 Dufferin Street, Maple, Ontario, L0J 1E0. (905) 832-7222. sbbO~_c.m - ~~~~X~~ ,/ ~~ ........ ~' - ~~~, ~ I I IIj~ The Town of Pickering Brilden ~velo~ts L~t~ LEGAL SERVICES DEPARTMENT xs~.~-94004