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HomeMy WebLinkAboutBy-law 2226/86THE CORPORATION OF TIlE TOWN OF PICKERING BY-LAW NO. 2226/86 Being a by-law to authorize the execution of an agreement with Ontario Land Corporation to provide for the funding of Seaton Community Plan No. $, Stage I; Phase 1/Detailed Community Plan No. 8A, Stage II; Seaton Phase I Development Plan; Municipal Financial Impact Analysis re Seaton Community. WHEREAS, pursuant to the provisions of the Planning Act 1983, S.O. 1983, chapter 1, and the District Plan for the District Planning Area of the Town of Pickering, the Town has the obligation to prepare an official plan in the nature of the community plan for the Seaton Planning Community; and WHEREAS pursuant to the provisions of the Municipal Act, R.S.O., 1980, chapter 302, a municipality and the crown, of which Ontario Land Corporation is the corporate body, may enter into and perform agreements for the supply of any service under the jurisdict{on of a municipality; NOW THEREFORE, the Council of the Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute an agreement in the form attached hereto as Schedule A with Ontario Land Corporation for the purpose of funding the preparation of the Seaton Community Plan No. 8, Stage I; Phase I/Detailed Community Plan No. SA, Stage II; Seaton Phase I Development Plan; and the Municipal Financial Impact Analysis (Seaton). BY-I, AW read a first, second and third time and finally passed this 20th day of May, 1986. TOWN OF PICKERING APPROVED LEGAL DEer, E6h~'E. Ancler~rdrf, May~o~TM ,/ Bruce Taylor, Clbrk SCHEDULE A 60 B~-.Law #2226/.86. THIS AGREEMENT made as of the day of , 1986. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE FIRST PART. - and - ONTARIO LAND CORPORATION hereinafter called the "Funding Party" OF THE SECOND PART. WttEREAS the Town wishes to prepare a community plan for Planning Community No. 8 - North Pickerlng (Seaton) (the "Plan"); and WHEREAS the Town wishes to retain the services of a consultant, Walker Wright Young Associates Limited, (the "Town Consultant"), to assist in the preparation of that Plan; and WHEREAS the Funding Party wishes to assist the Town in the preparation of the Plan by funding within certain limits the cost thereof to the Town; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT, in consideration of the mutual benefits to be derived herefrom, the Parties hereto agree as follows: The Town shall retain the services of the Town Consultant to assist the Town in the preparation of the Plan according to the work program attached as Schedule "A" to this agreement. The Town shall arrange that the work be done in four parts, that is, B, C, and D. Parts A and t5 shall be carried out concurrently. parts of the work will consist of the following: Parts A, The four A. Seaton Community Plan No. 8, Stage I (7,000 acres) The overall Seaton Community Plan which will form the framework for the neighbourhoods of the entire Seaton Community. Tasks to be accom- plished in the preparation of the overall structural plan are described in Schedule A, and include: (1) (z) Survey and Analysis Community Plan B. Phase One/Detailed Community Plan No. 8A, Stage II (1,000 acres) A detailed community plan for the approximately 1,000 acre initial stage of the Seaton Community. Tasks to be accomplished in the preparation of the detailed plan for phase one are described in Schedule A and include: (1) (z) Survey and Analysis Detailed Community Plan C. Phase One Development Plan This document will identify "special design precincts" to be chosen by the Town of Picketing and wi]] address design solutions for them. This plan will translate the more general policies of Parts A and B above into more detailed guidelines suitable for inclusion into plans of subdivi- sion, zoning by-laws and site p]an agreements. D. Municipal Financial Impact Analysis A general municipal financial impact analysis which will update the 1979 Giffels study done for the Funding Party with the cooperation of the Town. All the tasks and meetings described in Schedule A are expected to be complet- ed by the Town Consultant in the order and within the time frame outlined in Figure I of Schedule A. Any unreasonable delays incurred in the commencement of any part of the work due solely to the actions of the Funding Party, which require the Town to incur reasonable and extra expenses with the Town Consultant, shall be the responsibility of the Funding Party, provided such expenses are agreed to in writing by the Funding Party. The Town Consultant shall meet with the Seaton Community Plan Steering Com- mittee, comprised of representatives of the Town, the Regional Municipality of Durham and the Funding Party, once a month, on a schedule arranged at the commencement of the work. The Town Consultant shall provide written materi- al, memos or reports for each meeting sufficiently in advance of the meeting to allow Steering Committee members to review the material prior to the meeting. The Seaton Community Plan Steering Committee will meet with interested groups wishing input or involvement in this planning process. The Town Consultant will be invited to participate in these meetings from time to time. The costs of these meetings will be met by the Funding Party. The Town Consultant or its representative will be paid on an established hourly or per diem rate. The costs shall be considered as a separate billing and complementary to the work program described in Schedule A and paid directly by the Funding Party. Except as otherwise provided in this agreement, the Town, as the entity retain- ing the Town Consultant, shall be responsible for the cost of the Town Con- sultant's services in the preparation of this plan. 0 Within 30 days of making any payment to the Town Consultant, the Town shall submit its invoice for reimbursement to the Funding Party. The Funding Party's maximum liability hereunder, excluding interest on overdue accounts, disbursements and costs of meetings as set out in section 6, above, shall be as follows: Part A $ 30,000 Part B $100,000 Part C $ 13,000 Part D $ 5,000 $148,000 The following disbursements necessarily incurred by the Town or the Town's Consultant in the performance of services shall he reimbursed by the Funding Party: 2. 3. 4. Courier Service Transportation at 25 cents per Long Distance Telephone Calls Copying Costs 10. The amounts specified for each Part above are final. No overruns in cost will be approved for payment unless agreed to in advance in writing by the Funding Party. Il. The Funding Party may, at any time, by notice in writing to the Town, termi- nate the whole or any part of this agreement and will be responsible for pay- ment of all fees and disbursements incurred by the Town Consultant in perfor- mance of services until the time of such notice of termination has been given. 12. The Town may, in its sole discretion, dismiss the Town Consultant, cease preparation or continue preparation of the Plan. the Parties' obligations to each other being governed solely by this Agreement. 13. This Agreement shall enure to and bind the Parties hereto and their respective successors and assigns. IN WITNESS WHEREOF the Parties hereto have hereunto set their corporate seals, duly attested by their respective proper signing officers. SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE TOWN OF PICKERING John E. Anderson, Mayor Bruce Taylor, Clerk ONTARIO LAND CORPORATION Vice-Chairman Corporate Secretary SCHEDULE "A" WORK PROGRAM 1. Seaton District Plan Amendment 1.1 Part A. Seaton Planning Community No. 8~ Part I: A general overall framework within which the neighbourhoods of Seaton will be defined: (1) Survey and Analysis: - review of Durham Regional Official Plan and Pickering District Plan provisions; - relationship to Federal Airport Lands; - relationship to abutting hamlets - Whitevale, Brougham and Green River - land use update; review of existing and proposed internal and external water and sanitary sewer servicing; - review and analysis of storm water management considerations; - review of existing and proposed road pattern and transportation network; - review of major environmental, features and open space systems; (a) The Town Consultant will be required to report the results of the Survey and analysis to Town Staff. (2) Seaton Community Plan (7,000 acres) An overall community plan document having regard for existing policy and policy under preparation in the Town of Pickering, containing: - goals and objectives; - general land use designations; -2- general land use policy: residential, industrial, commercial, recreation and open space; identification of special policy areas (e.g. adjacent to hamlets, environmentally sensitive areas); major road network and transportation policies; - environmental policies; - urban design policies; - major servicing policies; delineation of neighbourhoods; timing and phasing; land use and population statistics; industrial/residential ratio; orderly retreat policies (for agriculture). (a) This community plan will be presented to the Town Planning Staff and Steering Committee for review and comment (see section 3 of this work program). Revisions will be made by the Town Consultant as required. (b) Town staff will arrange a public meeting at which the Town Consultant will present his recommendations to the public. (c) Revisions shall be incorporated to the community plan by the Town Consultant as agreed upon by the Town, the Steering Committee and the Town Consultant. (d) Town staff will arrange a public meeting at which the Town Consultant will present his revised recommendations to the Town Planning Committee and Council. (e) As a result of the foregoing process, the community plan will be revised by the Town Consultant as appropriate. -3- 1.2 Part B. Cf) The community plan will be submitted to the Region of Durham which may require the Town Consultant's attendance at the Regional Planning Committee for a presentation. (g) The community plan will be submitted to the Minister of Municipal Affairs. (h) The foregoing process will result in an amendment to the Pickering District Plan under Part I Community Plans as Planning Community No. 8. Phase One Detailed Community Plan I1~000 acres) A detailed secondary plan for the ~ 1,000 acres which will be the initial stage of the Seaton Community. (1) Survey and Analysis Utilizing existing information whenever possible the consultant will update: - existing land use information; - historical/architectural inventory; - soil, subsurface drainage, geology; - existing vegetation. (a) The Town Consultant will be required to report the results of the survey and analysis to Town Staff. (2) Detailed Community Plan A detailed community plan document in the manner of the community plans already approved and incorporated in the Pickering District Plan, including: - goals and objectives; - land use designations; - land use policies and statistics: residential, industrial, commercial, recreation and open space; - residential/industrial ratio; - road network, including design parameters, functional classifications, -4 - pedestrian walkways, bicycle paths, and traffic impact; - trip generation estimates and vehicle volume assignments; - delineation of neighbourhoods; - local water and sanitary sewer distribution; - storm-water drainage system; - staging of development. (a) This community plan will be presented to the Town Planning Staff and Steering Committee for review and comment (see Section 3 of this work program). Revisions will be made by the Town Consultant as required. (b) Town staff will arrange a public meeting at which the Town Consultant will present his recommendations to the public. This public meeting could be held concurrently with the public meeting described in A(2) (b) above. (c) Revisions shall be incorporated by the Town Consultant as agreed upon by the Town, the Steering Committee, and the Town Consultant. (d/ Town staff will arrange a public meeting at which the Town Consultant will present his revised recommendations to the Town Planning Committee and Council. This public meeting could be held concurrently with the public meeting described in A(2)(d) above. (e) As a result of the foregoing process, the detailed community plan will be revised by the Town Consultant as appropriate. (f) The detailed community plan will be submitted to the Region of Durham which may require the Town Consultant's attendance at the Regional Planning Committee for a presentation. As in (c) and (d) above this presentation could be concurrent with the presentation described in A(2)(f). -5- (g) The detailed community plan will be submitted to the Minister of Municipal Affairs. (h) The foregoing process will result in an amendment to the Pickering District Plan under Part II Community Plans as Planning Community No. 8A. 1.3 Part C. Phase One Development Plan This detailed document will identify "special design precincts" and address design solutions to these chosen special areas and delineate walkways and bicycle paths. This plan will translate the more general policies of parts A and B above into more detailed guidelines suitable for inclusion into plans of subdivision, zoning by-laws and site plan agreements. Meetings for Parts A and B will include, at the appropriate stage, consideration of the development plan. 1.4 Part D. Municipal Financial Impact Analysis A general municipal financial impact analysis which will: Represent an update of the "Study to Assess The Financial Impact of the Seaton Community On The Town of Pickering" (Giffels, 1979); Utilize, where appropriate, the OLC Lower Tier Municipal Financial Impact Model with modifications as required to accommodate changes that have occurred since 1979; Forecast expenditures capital operations, non-tax revenues, current debentures, obligations, reserves and reserve funds, assessment, special charges and the tax levy; Complete the Analysis for two areas: Phase One (1,000 acres), and the first neighbourhood; complete the analysis for three points in time: ultimate development of Phase One ultimate development of the first neighbourhood a point early in the development phasing when there may be heavy infrastructure investment required but a minimal assessment increase (to be selected once the phasing is determined); This analysis will be embodied in a report separate from the documents described in parts A and B of this work program. -6- 2. Timing and Phasin9 Part A and B are to be carried out concurrently, with Part C following as a direct result of Part B, as shown in Figure ! attached to this schedule. The entire study, including meetings, reports, amendment documents, plans, etc., must be completed within 12 months. 3. Seaton District Plan Steering Committee The Town Consultant will meet with the Seaton District Plan Steering Committee once a month, on a schedule prearranged at the commencement of the w~rk. The Steering Committee will be chaired by the Town of Pickering Planning Director and will be comprised of representatives of the Town of Pickering, the Region of Durham, and the Ontario Land Corporation. The Town Consultant will provide written material, memos or reports for each meeting to the Chairman, sufficiently in advance of the monthly meeting to allow for distribution to Steering Committee members, and to allow Steering Committee members to review the material prior to the meeting. F]$UqE ! TI#I#G AND PHASX#6 PAqT A PA.R1 B SURVEY NLq, L YSl S SURVEY ANk~YSZS SEATON CO#,IUNZTY PLAN ' R~VISIOMS ) PHASE ONE/ DETAILED CO~NZTY PLAA1 PA.qT C I DEVELOP~'ENT PLAN COUNCJL &°PR0 VN' J PART O IMPACT/ANALYSIS APPROVAL 4 . 2 NONTH$ ~ ~ 7 HONTHS P' 4 3 NONTHS JL CONCEPTUAL NOT TO SCALE Figure TT