HomeMy WebLinkAboutPD 29-04PICKERING
REPORT TO
EXECUTIVE COMMITTEE
Report Number: PD 29-04
Date: June 30, 2004
From:
Neil Carroll
Director, Planning & Development
Subject:
Danlu Holdings Limited
Plan 40M-1981, Pickering
Final Assumption of Plan of Subdivision
Recommendation:
By-laws should be enacted to:
assume the read and services within Plan 40M-1981, save and except Blocks
14, 15 and 16;
amend By-law 1416/82 (Places of Amusement) to include the read within Plan
40M-198t; and
authorize the release and removal of the Subdivision Agreement from title
relating to Plan 40M-1981, save and except its removal from Blocks 15, 16, 17
and 18.
Executive Summary: The City entered into a Subdivision Agreement with the
above-noted developer for the development of Plan 40M-1981. As the developer has
now completed all works and services within this Plan, it is now appropriate for the City
to assume the M-Plan (save and except Blocks 14, 15 and 16) and release the
developer from the provisions of the Subdivision Agreement (save and except Blocks
15, 16, 17 and 18). It should be noted that Block 14 was developed by Registered Plan
40M-2093 and will be assumed through the assumption of that Plan and Blocks 15, 16,
17 and 18 have future development implications and will be assumed when developed.
Financial Implications: There are no new financial implications to the City as a
result of this recommendation.
Background: The City entered into a Subdivision Agreement with the
above-noted developer for the development of Plan 40M-1981. As the developer has
now completed all works and services within this Plan, it is now appropriate for the City
to assume the M-Plan (save and except Blocks 14, 15 and 16) and release the
developer from the provisions of the Subdivision Agreement from all of the lots and
blocks within the Plan (save and except Blocks 15, 16, 17 and 18).
Report PD 29-04
Subject: Final Assumption of Plan of Subdivision
40M-1981
Date:
June 30,2004
Page 2
Blocks 14, 15 and 16 were designated as future development blocks when Plan
40M-1981 and its related Subdivision Agreement were registered on title. Since that
time, Block 14 has been developed by Registered Plan 40M-2093 and its related
Subdivision Agreement. Accordingly, while it is appropriate to remove the developer
from the obligations of the Subdivision Agreement for Plan 40M-1981 as it relates to
Block 14, the assumption of Block 14 will not take place until the process to assume
Plan 40M-2093 has been completed.
Blocks 15 and 16 remain undeveloped. Accordingly, they cannot be assumed at this
time and the Subdivision Agreement relating to them should remain on title.
Blocks 17 and 18 are currently being used for road purposes until the lands to the north
are developed and the road pattern which currently exists on that portion of Sparrow
Circle can be realigned. Once that realignment is complete, Blocks 17 and 18 will be
stopped-up and closed as road and reconveyed to the adjacent owners in accordance
with the Subdivision Agreement relating to Plan 40M-1981. As the conditions for
reconveyance can only be complied with when Blocks 15 and 16 are developed, it is
appropriate to assume the works and services currently lying within Blocks 17 and 18 at
this time, however, not to release the developer from the obligations set out in the
Subdivision Agreement relating to them.
It is recommended that the following By-laws be enacted to:
assume the road and services within Plan 40M-1981, save and except Blocks
14, 15 and 16;
amend By-law 1416/82 (Places of Amusement) to include the road within Plan
40M-1981; and
authorize the release and removal of the Subdivision Agreement from title
relating to Plan 40M-1981, save and except its removal from Blocks 15, 16, 17
and 18.
Attachments:
2.
3.
4.
Location Map - Plan 40M-1981
By-law to assume the road and services within Plan 40M-1981, save and except
Blocks 14, 15 and 16
By-law to amend By-law 1416/82 (Places of Amusement) to include the road
within Plan 40M-1981
By-law to authorize the release and removal of the Subdivision Agreement from
title relating to Plan 40M-1981, save and except its removal from Blocks 15, 16,
17 and 18
Report PD 29-04
Subject: Final Assumption of Plan of Subdivision
40M-1981
Date:
June 30,2004
Page 3
Prepared By:
Property & Development Services
Approved / Endorsed By:
N~il Carr~t,-MCl~, RPP
Director, PlUnllqng & Development
DB:bg
Attachments
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering C.~y~ ~i~ ., ,-
Th"o~i~as ~: Qu/,~n, Chie(~kdmini~e Office/r
Director, Corporate Services & Treasurer
City Clerk
Recommendation approved:
Chief Ad m inistrative Officer
Director, Operations Development & Emergency Services "~'~ - L,/~,~~
Director, Planning & ?'".~
REPORT # PD ~- --
~ ooSS~°s
~ ~~~BLO(~K 16
~- BLOCKS 17 & 18
' /--------TTrT TT~ -F
· ~0
~ ~~HICKADEE/
-~- ~: - 1 SUBJECT
~a c~ _ , ~ ------PLAN OF SUBDIVI¢.;ION
~ - z , 4OM- 1981
City of Pickoring Planning & Dovolopmont Dopartmont
PROPERTY DESCRIPTION PLAN 40M-1981
OWNER VARIOUS DATE JUNE 28, 2004 DRAWN BY JB ~/~
FILE No. SUBDIVISION COMPLETION AND ASSUMPTION SCALE 1:3000 CHECKED BY DB
FOR DEPARTMENT USE ONLY PN-10 PA-
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO.
Being a By-law to assume the road within Plan
40M-1981 for public use as a public highway and to
assume the services within Plan 40M-1981 under
the jurisdiction of the City of Pickering, save and
except those lying within or adjacent to Blocks 14,
15 and 16, Plan 40M-1981.
WHEREAS above ground and underground services required for the development of the
above-noted Plan has been completed to the City's satisfaction; and
WHEREAS the City of Pickering has jurisdiction over the road shown on Plan 40M-1981; and
WHEREAS pursuant to the MunicipalAct, S.O. 2001, c. 25, section 30, a highway is owned by
the municipality having jurisdiction over it; and
WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 31, a municipality may by
By-law assume highways for public use;
NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY
ENACTS AS FOLLOWS:
The above ground services required by the Subdivision Agreement relating hereto,
which are to be constructed or installed in the development of the above-noted Plan or
which are located on lands that are dedicated to or owned by the City within Plan
40M-1981, or on lands lying immediately adjacent thereto are hereby accepted and
assumed for maintenance under the jurisdiction of The Corporation of the City of
Pickering, save and except those lying within or adjacent to Blocks 14, 15 and 16, Plan
40M-1981.
The underground services that are required to be constructed or installed in the
development of the above-noted Plan including the storm drainage system and related
appurtenances, located on lands that are dedicated to or owned by the City in Plan
40M-1981, or lands lying immediately adjacent thereto, are hereby accepted and
assumed for maintenance under the jurisdiction of The Corporation of the City of
Pickering, save and except those lying within or adjacent to Blocks 14, 15 and 16, Plan
40M-1981.
In sections I and 2, the phrase "lands that are...owned by the City" includes lands that
are subject to an easement transferred to the City, but only with respect to the specific
service or services referred to in the easement transfer document.
The following highway is hereby assumed for public use as a public highway under the
jurisdiction of The Corporation of the City of Pickering:
· Sparrow Circle, Plan 40M-1981
BY-LAW read a first, second and third time and finally passed this 26th day of July, 2004.
David Ryan, Mayor
Bruce Taylor, Clerk
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO.
Being a By-law to amend By-law 1416/82 providing
for the regulation and licencing of places of
amusement.
WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 150(1), the Council of The
Corporation of the City of Pickering enacted By-law 1416/82 providing for the regulation and
licencing of places of amusement;
NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS
AS FOLLOWS:
(a)
Schedule A to By-law 1416/82, as amended, is hereby further amended by adding thereto
Sparrow Circle, Plan 40M-1981, in the City of Pickering, Regional Municipality of Durham.
BY-LAW read a first, second and third time and finally passed this 26th day of July, 2004.
David Ryan, Mayor
Bruce Taylor, Clerk
!65
].66
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO.
Being a By-law to authorize the release and removal
of the Subdivision Agreement respecting Plan
40M-1981, Pickering, from title, save and except the
lands being Blocks 15, 16, 17 and 18, Plan
40M-198t.
WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof,
The Corporation of the City of Pickering and Danlu Holdings Limited entered into a Subdivision
Agreement dated July 5, 1999, Notice of which was registered as Instrument No. LT923087
respecting the development of Plan 40M-1981, Pickering;
AND WHEREAS, Danlu Holdings Limited has complied with the provisions of the Subdivision
Agreement within Plan 40M-1981, save and except for as it relates to Blocks 15, 16, 17 and
18, Plan 40M-1981;
NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY
ENACTS AS FOLLOWS:
The Mayor and Clerk hereby authorize the release and removal of the Subdivision
Agreement from title dated July 5, 1999, Notice of which was registered as Instrument
No. LT923087 between Danlu Holdings Limited and The Corporation of the City of
Pickering, respecting the development of Plan 40M-1981, save and except removing it
from the lands described as Blocks 15, 16, 17 and 18, Plan 40M-1981.
BY-LAW read a first, second and third time and finally passed this 26th day of July, 2004.
David Ryan, Mayor
Bruce Taylor, Clerk