HomeMy WebLinkAboutBy-law 4240/93 THE CORPORATION OF THE TOWN OF PICKERING
4240/93
BY-LAW NO.
Being a by-law to adopt certain Principles of Agreement
between AItona West Developments and the Town and to
authorize the execution of any agreements and related
documentation necessary to implement those Principles
of Agreement (40M-1507; 40M-1508)
WHEREAS certain Principles of Agreement between Danlu Holdings Limited, Perdanco Holdings Ltd.,
and Inperdel Holdings Limited, collectively known as Altona West Developments, and The Corporation
of the Town of Picketing have been identified, pursuant to which certain outstanding matters relating to
the development of Plans 40M-1507 and 40M-1508, Picketing, may be resolved, and Altona West
Developments' proposed quattroplex project may continue to be processed; and
WHEREAS the implementation of those Principles of Agreement requires the entering into of two
Subdivision Agreement Amending Agreements (to amend earlier subdivision agreements respecting the
development of Plans 40M-1507 and 40M-1508, Pickering) pursuant to the provisions of the Planning
Act 1983, S.O. 1983, chapter 1, section 50(6); and
WHEREAS, pursuant to the provisions of the Municipal Act, R.S.O. 1990, chapter 302, section 193(1),
the Council of The Corporation of the Town of Picketing may pass by-laws for acquiring any land or
interest therein for the purposes of the corporation or for disposing of same when no longer required for
those puq~oses;
NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS
FOLLOWS:
1. The Principles of Agreement attached hereto are hereby adopted by The Corporation of the
Town of Picketing.
2. The Mayor and Clerk are hereby authorized to execute any Subdivision Agreement Amending
Agreement, in a form approved by the Town Solicitor, between Danlu Holdings Limited,
Perdanco Holdings Ltd., and Inperdel Holdings Limited, collectively known as Altona West
Developments, and The Corporation of the Town of Picketing, for the purpose of implementing
the Principles of Agreement adopted in section I, above, respecting the development of Plans
40M-1507 and 40M-1508, Pickering.
3. (1) The Corporation of the Town of Pickering shall acquire those lands referred to in
Section E.2 of the Principles of Agreement adopted in section 1, above, subject to the
terms and conditions and for the purposes set out therein.
(2) The Corporation of the Town of Pickering shall dispose of those lands referred to in
Sections E. 1 and E.3 of the Principles of Agreement adopted in section 1, above, subject
to the terms and conditions set out therein.
(3) The Mayor and Clerk are hereby authorized to execute any transfer/deed or other
document, approved by the Town Solicitor, effecting the acquisition or disposition by
The Corporation of the Town of Pickering of any of the interests referred to in
subsections (1) or (2) of this section.
BY-LAW read a fixst, second and third time and finally passed this 7th day of June, 1993.
$(I-IEI3ULE A
Principles of Agreement
between
Danlu Holdings Limited,
Perdanco Holdings Ltd., and
Inperdel Holdings Limited,
collectively known as
_Altona West Developments
and
The Com. oration of the Town of Picketing
These Principles of Agreement are intended to be implemented by Agreement between Altona West
Developments (Altona) and The Corporation of the Town of Picketing (Picketing), which Agreement
will be subject to the following conditions:
(a) Altona's applications (on its behalf and as Picketing's agent) for severance consents to permit 28
quattroplex units to be erected in Plan 40M- 1507, becoming final and binding, and
(b) Altona's applications (on its behalf and as Pickering's agent) for zoning by-law amendments to
permit 28 quattroplex units m be erected in Plan 40M-1507, being approved and the
hnplementing by-law or by-laws coming into force.
A. Parkland Credits
1. In the development of Plan 40M-1507, Altona conveyed Blocks 45, 47, 48 and 49 to Picketing
as parkland; these blocks comprise 2.0233 hectares. For 43 units (Lots 1 to 43, Plan 40M-1507),
0.2132 hectares (0.5268 acres) was required, leaving a credit of 1.8101 hectares (4.4727 acres).
2. In the development of Plan 40M-1508, Altona conveyed no parkland to Picketing. For 43 units
(Lots I to 41, Blocks 44 and 45, Plan 40M-1508), a further 0.2132 hectares (0.5268 acres) was
required, leaving a credit of 1.5969 hectares (3.9459 acres).
3. Lot 32, Plan 40M-1508, was merged with part of Block 46, Plan 40M-1508, creating one
additional unit. For this additional unit a further 0.0050 hectares (0.0124 acres) was required,
leaving a credit of 1.5919 hectares (3.9335 acres).
4. For the 28 quattroplex units to be developed in Plan 40M-1507, a further 0.1388 hectares
(0.3430 acres) will be required, leaving a credit of 1.4432 hectares (3.5661 acres).
5. In return for Pickering conveying approximately 0.4452 hectares (1.1000 acres) to Altona for the
quattroplex project, Altona will surrender to Picketing 0.8094 hectares (2.0000 acres) of its
credit, leaving a parkland credit of 0.6338 hectares (1.5661 acres).
6. The 0.6338 hectares (1.5661 acres) parkland credit will remain with Altona "for use in
satisfaction of any future obligation to convey parkland" to Picketing.
B. Parkland Development
I. Altona will comply with its existing obligation to rough grade, fine grade and seed Blocks 45, 47
and 48, Plan 40M-1507, in accordance with Picketing's park concept and grading plans, to the
satisfaction of Pickering's Director of Community Services and Facilities. In doing so, AItona
will remove, to the satisfaction of the Dkector, all surface stones within Block 45, Block 45
already having been rough graded, fine graded and seeded.
2. Altona will comply with its existing obligation to remove the temporary road on Blocks 48, 49
and 55, and rough grade, f'me grade and seed that part thereof which will not be incorporated into
a furore road to service the proposed quattroplex project, in accordance with Pickering's park
concept and grading plans, to the satisfaction of Pickering's Director of Community Se[vices
and Facilities, although a portion of the temporary road will be permitted to remain as part of the
road serving the quattroplex project.
C. Temporary_ Stormwater Detention Pond
1. Pickering holds $50,000 cash for temporary detention pond maintenance (re Plan 40M-1507).
2. Picketing holds $10,000 cash for temporary detention pond maintenance (re Plan 40M-1508).
3. Picketing will retum the $60,000 cash (total) to Altona upon confirmation that the Metropolitan
Toronto and Region Conservation Authority is satisfied that the temporary detention pond has
been removed appropriately.
D. Permanent Stormwater Detention Pond
1. Pickering holds $60,000 cash for permanent detention pond (stage 2) acquisition, construction
and maintenance and for removal of works between pond stages (re Plan 40M-1507).
2. Pickering holds a $13,125 letter of credit for permanent detention pond construction and
connection (re Plan 40M-1449).
3. As a result of the following:
(a) it is expected that, ff any stormwater management facility is required, it will be a single
stage permanent water quality pond costing less than the previously proposed two stage
permanent detention pond; and
(b) other stormwater contributors in the watershed are partially funding the construction
costs of any required stormwater management facility,
Picketing will return the $60,000 cash and the $13,125 letter of credit to Altona.
4. Altona has conveyed lands and an easement to Pickering for pennanent detention pond (stage 1)
at Altona's cost and is required to construct that pond also at Altona's cost.
5. Picketing presently is under a contractual obligation to endeavour to collect (from other
stormwater contributors in the watershed), upon completion, of a portion of Altona's cost of the
acquisition of those lands and the construction of the permanent detention pond.
6. As a result of the following:
(a) Altona's cost to acquire the lands and an easement for the permanent detention pond
(stage 1)pond was substantial ($370,000); and
(b) other stormwater contributors in the watershed are partially responsible for the funding
of the acquisition costs, yet are not contributing at this tinae because the pond has not
been completed due to the inability of the Town and Altona to obtain the necessary
approvals from other agencies,
Pickering will amend the subdivision agreements respecting Plans 40M-1507 and 40M-1508 to
provide that,
(c) Picketing will endeavour to collect (from other stormwater contributors in the
watershed) a potion of Altona's cost of the acquisition of those lands and of the
easement without regard to the timing of the colnpletion of construction of the
permanent detention pond; mid
(d) Altona is not required to construct the permanent stormwater detention pond.
7. Pickering's Director of Public Works and Town Solicitor will provide to Altona on or before
June 30, 1993, a summary of the amounts that may be collectible for such acquisition and the
methodology used to determine those amounts.
E. Road Closings and Land Transfers
1. In return for Altona surrendering 0.8094 hectares (2.0000 acres) of its parkland credit, Pickering
will convey to Altona all of Pickering's lands required for the quattroplex project (and
associated roads), at nominal cost.
2. Ahona will convey to Pickering all lands for roads associated with the quattroplex project, at
nominal cost.
3. Picketing will convey to third parties part of Block 50, Plan 40M-1507; Blocks 51 and 52, Plan
40M-1507; and Blocks 48 and 49, Plan 40M-1508, at nominal cost.
4. Any road closings required to effect these transfers will be made in the usual course.
1. Pickering's Public Works Department will provide a revised list of deficiencies in Plan
40M-1507 and Plan 40M-1508 to Altona within one month of receiving notification from
Altona's consultants that those consultants consider the project to be complete.
2. Picketing will assume all services in Plan 40M-1507 south of the nortbem boundary of Senator
Street (as extended easterly to the plan boundary) within six months after Altona rectifies all
deficiencies identified by Picketing.
3. Pickering will assume all services in Plan 40M-1508 within six months after Altona rectifies all
deficiencies identified by Pickering.
4. Assumption of the balance of the services in Plan 40M-1507 (including those related to the
quattroplex project) shall occur in accordance with the provisions of the development agreement
to be entered into between Altona and Pickering for the quattroplex project.
G. Oversizing Contributions
1. Picketing presently endeavours to collect (from other stormwater contributors upstream) a
portion of Ahona's cost of the oversizing of storm sewer facilities within Plan 40M-1507 and
Plan 40M-1508.
2. Pickering's Director of Public Works and Town Solicitor will provide to Altona on or before
June 30, 1993, a summary of the amounts that may be collectible for such oversizing and the
methodology used to determine those amounts.
H. Ouattroplex Pro.iect
1. Altona and Pickering will enter into a development agreement to provide for the development of
Altona's proposed quattroplex project, including all works and services associated therewith.
2. In accordance with tire Development Charges Act, and Picketing By-law 3854/91, Altona shall
pay to Picketing a development charge of $4,337 (October 1992 rate; subject to adjustment
annually until paid) for each dwelling unit to be erected in the quattroplex project.
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