HomeMy WebLinkAboutBy-law 5130/97REPEALED BY ,
REPEALS
AMENDED BY ,
AMENDS
DISPOSITION
THE CORPORATION. ........ OF THE TOWN OF PICKERJN(i
BY-LAW_ 5130/97
Being a by-law to authorize the execution of an Agreement
to amend the Subdivision Agreement respecting the
development of Lots I to 8, inclusive and Bloc£~' 9 to
inclusive, Plan 40M-1861, Pickering (Maxcon
Developments Ltd.).
WHEREAS, pursuant to section 51 of the Planning Act, R.S.O. 1990, chapter P.13, The
Corporation of the Town of Picketing entered into a Subdivision Agreement dated July 12, 1996
with Maxcon Developments Ltd. (Notice of which was registered February 14, 1997, as
Instrument LT790716) respecting what is now Plan 40M-1861, Picketing, which Agreement
requires amendment to provide for the development of three additional dwelling units on the
lands;
NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY
ENACTS AS FOLLOWS:
1. '['he Mayor and Clerk are hereby authorized to execute a Subdivision Agreement
Amending Agreement, in the form attached hereto as Schedule A, amending the
Subdivision Agreement dated July 12~ 1996, between Maxcon Developments Ltd. and
The Corporation of the Town of Pickering (Notice of which was registered February 14,
1997 as Instrument LT790716), respecting the development of three 'additional dwelling
units on the lands.
BY-LAW read a first, second and third time and finally passed this 14th day of October, 1997.
Wayne Arthurs, Mayor
T0¥,/74 Ol='
~.~ion 51(6) ofth~ Planningdct, R.S.O, 1990, ohapt~r P. 13, '
BETWEEN:
MAXCON DEVELOPMENTS LT.D.
herein called the "Owner"
OF THE FIRST PART,
THE CORPORATION OF THE TOWN OF PICKERING
herein called the "Town"
OF THE SECOND PART.
WHEREAS, pursuant to section 51 of the PianningAct, R.S.O. 1990, chapter P. 13, the Owner and the Towu entered into
a Subdivision Agreement dated July 12, 1996, Notice of which was registered in the Land Registry Office of the Land
Titles Division of Durham (No. 40) on February 14, 1997 as Instrument Number LT790716, respecting the proposed
subdivision of part of Lots 27 and 28, Plan 329, Picketing, now designated as Plan Number 40M- 1861; and
AND WHEREAS section 3 of Schedule D that Agreement required that certain Blocks be reserved for future
development in conjunction with certain lands;
AND WHEREAS the Owner applied to The Corporation of the Town of Picketing to rezone the lands being Lots l, 2, 7
and 8, Plan 40M-1S61 to permit the development of 4 multiple dwellings, horizontal units and 4 semi-detached dwelling
units;
AND WHEREAS the Owner appealed Picketing Council's refusal to approve the proposed amendment to zoning By-law
3036 to the Ontario Municipal Board:
AND WHEREAS the Ontario Municipal Board in its oral decision September 9, 1997, ruled that the development in
which the subject lands are located can support a total of 28 units;
AND WHEREAS as a result of the ruling of the Ontario Municipal Board, the parties herein entered into Minutes of
Settlement on September 9, 1997, pursuant to Ontario Municipal Board File No. Z960140;
AND WHEREAS the Parties wish to amend the Subdivision Agreement in order to reflect some matters set out in the
said Minutes of Settlement, amongst other matters;
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 by each is hereby acknowledged, the Parties hereto covenant and agree one with
the other as follows:
1. The lands affected by this Agreement (the "Lands") are Lots 1 to 8, inclusive and Blocks 9 to 15, Plan 40M-
I 861, Picketing.
2. In this Agreement, the t~rm "Subdivision Agreement" means the agreement dated July 12, 1996, between the
Owner and the Town, Notice of which was registered in the Land Titles Office of the Land Registry Division of
Durham (No. 40) on February 14, 1997 as Instrument Number LT790716.
3. The Owner and the Town ar~ bound by,
(a) the terms and conditions of the SubdiTision Agreement as amended by the terms and conditions of this
Agreement, and
::~ , (tO the terms and conditions of this Agreement,
!) e II b~ of th f this Agr~ment.
(2) This Agreement and everything herein contained shall enure to ~e ~-nefit of ~d ~ binding u~n the
Panics hereto, their su~es~rs ~d ~si~s.
(3) Secti~ of this Ag~ement shall not ~kc effect until this Ag~ement is registe~d by the Town in ~e
L~d Regis~ Office of the Land Titles Division of Durh~ (No. 40),
5. Section 1(!) and (2) of Schedule D to the Subdivision Agreement is hereby deleted and the following substituted
for it:
l. EX°ECTED NUMBERS OF DWELLINGS
(1) This agreement has been entered into in the expectation that 28 dwelling units are to be constructed
on the lands, as follows:
(a) 4 townhouse units on Lots I and 2, Plan 40M-1861.
(b) 22 semi-detached dwellings - two each on Lots 3, 4, 5, 6, Plan 40M-1861 and two each on the
lots that will incorporate Blocks 10, I 1, 12, 13 and 15 and two on the lands forming that part of
Block 9, set out as Parts 8 and 9, Plan 40R-17394 and two on the lands composed of Lot 8
together with that pan of Block 9, set out as Part 7, Plan 40R- 17394.
(c) 2 single dwellings - one on Lot 7 and one on the lot that will incorporate Block 14, Plan 40M-
1861.
(2) if more or less than 28 dwelling units are to be constructed in this project, the Town at its sole
discretion may require the Owner to obtain new approvals and authorizations under this Agreement
and may prohibit any development until the new approvals and authorizations are obtained.
6. Section 2(1) and (2) of Schedule D to the Subdivision Agreement is hereby deleted and the following substituted
for it:
2. RESERVED FUTURE DEVELOPMENT BLOCKS - BLOCKS 10, 11, 12, 13, 14 AND 15, PLAN 40M-
1861
(l) Blocks 10, II, 12, 13, 14 and 15. Plan 40M-1861, shall be reserved for future residential
development; such development shall not commence without prior written approval of the Town
which may be subject to conditions.
(2) Unit such time as Blocks 10, 1 l~ 12, 13, 14 and 15, Plan 40M-1861, are developed in accordance
herewith, ;.he Owner shall maintain them in a clean and orderly condition to the satisfaction of
the Town.
7. Section 3(1) and (2) of Schedule D to the Subdivision Agreement is hereby deleted and the following substituted
for it:
3. RELEASED FUTURE DEVELOPMENT RLOCKS- BLOCKS 10, 11, 12, 13, 14 and 15, PLAN 40M-
1861
(i) Once the reserved Blocks set out in Column I of the following table have been released for
development (subject to any conditions as the Town may deem appropriate), then the), shall be
developed by the Owner only in conjunction with the lands described in Column I! thereof, to
provide the number of units set out in Column IIi thereof.
Item Column I Column Il Column Ill
1 Block 9 Intentionally Deleted
2 Block 10 Part Block 13, 40M-1719 2
(Part I, 40R-16199)
_- · PartBIock 14, 40M-1719
(part !, 40R-17298)
3 Block II Parl Block 14, 40M-1719 2
(P~ 2, 40R- ! 7298)
Part Block 15, 40M-1719
(Part 4, 40R- I 6 i 99)
Part Block 43, 40M-1700
(Part 6, 40R-16199)
4 Block 12 Part Block 15, 40M-1719 2
(Parts 5 & 8, 40R-16199)
Part Block 43, 40M-1700
(Part 7, 40R-16199)
Block 12 Part Block 44, 40M-1700
(Part 9, 40R-16199)
A triangular parcel of land abutting Block
12 to the north, namely Part 2, 40R-16198.
5 Block 13 Abutting lands to the north 2
6 Block 14 Abutting lands to the north I
7 Block 15 Abutting lands to the north 2
(2) The development of the lands described in Item 2 of the Table in subsection (1) shall be governed by the
provisions of this Subdivision Agreement.
8. Prior to the registration of this agreement the Owner herein agrees to pay the amounts set out below, which fees
are applicable as a result of the additional units being constructed within Plan 40M-1861:
(a) $105.00 Engineering Inspection Fee; and
(b) $172.71 Woodview Avenue/Canadian National Railway grade crossing control contribution.
9. Prior to the registration of this agreement, the Owner agrees to provide an amendment to tile original letter of
credit (#1SLC1096/80002) provided pursuant to the Subdivision Agreement dated July 12, 1996 between
Maxcon Developments Ltd. and the Town to include reference to this amending agreement such that the letter of'
credit will be applied as security for the works required under this agreement.
IN WITNESS WHEREOF the Parties hereto have hereunto affixed their respective Corporate Seals attested to by the
hands of their authorized officers.
SIGNED, SEALED AND DELIVERED
MAXCON DEVELOPMENTS LTD.
Rick D'Andrea, President
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk