HomeMy WebLinkAboutPD 46-04PICKERING
REPORT TO
EXECUTIVE COMMITTEE
Report Number: PD 46-04
Date: December 21, 2004
From:
Neil Carroll
Director, Planning & Development
Subject:
Bramalea Limited / Marshall Homes Corporation
- Plan of Subdivision 40M-1254 (Phase 1)
Bramalea Limited
- Plan of Subdivision 40M-1418 (Phase 2)
Bramalea Limited
Plan of Subdivision 40M-1419 (Phase 3)
Final Assumption of Plans of Subdivision
Recommendation:
By-laws should be enacted to:
dedicate Block 139, Plan 40M-1418 as public highway;
dedicate Block 88, Plan 40M-1419 as public highway;
assume roads and services within Plan 40M-1254 (save and except Blocks 20 to
27, inclusive), Plan 40M-1418 (save and except Blocks 137, 138 and 141) and
Plan 40M-1419 (save and except Blocks 86 and 89);
amend By-law 1416/82 (Places of Amusement) to include the roads within Plans
40M-1254, 40M-1418 and 40M-1419; and
authorize the release and removal from title of the Subdivision Agreement and
Development Agreement relating to Plan 40M-1254 and the Subdivision
Agreements relating to Plan 40M-1418 (save and except from Blocks 137 and
138) and Plan 40M-1419 (save and except from Block 86).
Executive Summary: The City entered into Agreements with the above-noted
developers for the development of Plans 40M-1254, 40M-1418 and 40M-1419. As the
developers have now completed all works and services within these Plans to the
satisfaction of City staff, it is now appropriate to assume the M-Plans under the
jurisdiction of the City and release the developers from the provisions of the respective
Agreements.
Report PD 46-04 Date: December 21, 2004
Subject: Final Assumption of Plans of Subdivision
40M-1254, 40M-1418 and 40M-1419
Page 2
Financial Implications: There are no new financial implications to the City as a
result of this recommendation.
Background: The City entered into Agreements with the above-noted developers
for the development of Plans 40M-1254, 40M-1418 and 40M-1419. As the developers
have now completed all works and services within these Plans to the satisfaction of City
staff, it is now appropriate to assume the M-Plans under the jurisdiction of the City and
release the developers from the provisions of the respective Agreements.
The assumption of Plans 40M-1254, 40M-1418 and 40M-1419 and the release of the
Agreements must be acknowledged by the enactment of various By-laws dedicating
certain lands as public highways, assuming the roads and services within the Plans,
amending By-law 1416/82 relating to Places of Amusement and authorizing the release
and removal of the Agreements from title.
Accordingly, it is recommended that the following By-laws be enacted to:
o
o
dedicate Block 139, Plan 40M-1418 as public highway;
dedicate Block 88, Plan 40M-1419 as public highway;
assume roads and services within Plan 40M-1254 (save and except Blocks 20 to
27, inclusive), Plan 40M-1418 (save and except Blocks 137, 138 and 141) and
Plan 40M-1419 (save and except Blocks 86 and 89);
amend By-law 1416/82 (Places of Amusement) to include the roads within Plans
40M-1254, 40M-1418 and 40M-1419; and
authorize the release and removal from title of the Subdivision Agreement and
Development Agreement relating to Plan 40M-1254 and the Subdivision
Agreements relating to Plan 40M-1418 (save and except from Blocks 137 and
138) and Plan 40M-1419 (save and except from Block 86).
Attachments:
2.
3.
4.
5.
6.
Location Map - Plan 40M-1254
Location Map - Plan 40M-1418
Location Map - Plan 40M-1419
By-law to dedicate Block 139, Plan 40M-1418 as public highway
By-law to dedicate Block 88, Plan 40M-1419 as public highway
By-law to assume roads and services within Plan 40M-1254 (save and except
Blocks 20 to 27, inclusive), Plan 40M-1418 (save and except Blocks 137, 138
and 141) and Plan 40M-1419 (save and except Blocks 86 and 89)
By-law to amend By-law 1416/82 (Places of Amusement) to include the roads
within Plans 40M-1254, 40M-1418 and 40M-1419
By-law to authorize the release and removal of the Subdivision Agreement and
Development Agreement from title relating to Plan 40M-1254
Report PD 46-04
Subject: Final Assumption of Plans of Subdivision
40M-1254, 40M-1418 and 40M-1419
Date: December 21, 2004
Page 3
By-law to authorize the release and removal of the Subdivision Agreement from
title relating to Plan 40M-1418 (save and except from Blocks 137 and 138)
By-law to authorize the release and removal of the Subdivision Agreement from
title relating to Plan 40M-1419 (save and except from Block 86)
Prepared By:
Denise Bye, Coordinator
Property & Development Services
Approved / Endorsed By:
Neil Carroll, ~'~,~P
Director, Plan'rTtr~ & Development
DB:vd
Attachments
Copy: Chief Administrative Officer
(Acting) Chief Administrative Officer
Recom me n ~led'{r~F~j~onside ratio n of
Pickering~
~min'~rative Officer
Recommendation approved:
Chief Administrative Officer
Director, Operations & Emergency Services
Director, Planning & Development
Director, Corporate Services & Treasurer
City Clerk
ATTACHMENT#_ I TO.
COURT
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City of Pickering Planning & Development Department
DATE NOV. 5, 2004
PROPER'FY DESCRIPTION PLAN OF SUBDIViSiON 401t,i-1254
APPLICANT VARIOUS
FILE No. SUBDIVISION COMPLETION AND ASSUMPTION
FOR DEPARTMENT USE ONLY PN-RURAL PA-
SCALE 1:5000 CHECKED BY DB
ATTACHMENT#., ;~ TO
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FOXWOOD
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FOXWOOD
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SQUARE
PINEVIEW LANE
City of Pickering
TRAIL
SQUARE
Planning & Development Department
PROPER~¢ DESCRIPTION PLAN OF SUBDIVISION 40M-1418
OWNER VARIOUS DATE NOV. 1, 2004 DRAWN BY JB ~'~/~
FILE No. SUBDIVISION COMPLETION AND ASSUMPTION SCALE 1:5000 CHECKED BY DB
FOR DEPARTMENT USE ONLY PN-11 PA-
ATTACHMENT #, ..~ TO
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City of Pickering Planning & Development Depa~ment
PROPER~ DESCRIPTION P~N O~ S~BBIVI~IO~ 40~-1419
OWNER
VARIOUS
DATE ~O~. 1 , 2004 DRAWN BY
FILE No. S~SBIVlSlO~ COBPLETIO~ A~B ASSU~TIO~ SCALE 1:~000 CHECKED BY ~B
FOR DEPARTMENT USE ONLY P~-I 1
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO.
Being a By-law to dedicate Block 139, Plan
40M-1418, Pickering as public highway.
WHEREAS The Corporation of the City of Pickering is the owner of Block 139, Plan
40M-1418, Pickering and wishes to dedicate it as public highway;
NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY
ENACTS AS FOLLOWS:
Block 139, Plan 40M-1418, Pickering is hereby dedicated as public highway (Rosebank
Road).
BY-LAW read a first, second and third time and finally passed this 17th day of January, 2005.
David Ryan, Mayor
Bruce Taylor, Clerk
ATTACHMENT# ?/~ J~
REPORT ~ PD --
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO.
Being a By-law to dedicate Block 88, Plan 40M-1419,
Pickering as public highway.
WHEREAS The Corporation of the City of Pickering is the owner of Block 88, Plan 40M-1419,
Pickering and wishes to dedicate it as public highway;
NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY
ENACTS AS FOLLOWS:
Block 88, Plan 40M-1419, Pickering is hereby dedicated as public highway (Rosebank
Road).
BY-LAW read a first, second and third time and finally passed this 17th day of January, 2005.
David Ryan, Mayor
Bruce Taylor, Clerk
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO.
Being a By-law to assume the roads as public
highways and the services within Plan 40M-1254
(save and except Blocks 20 to 27, inclusive), Plan
40M-1418 (save and except Blocks 137, 138 and
141) and Plan 40M-1419 (save and except Blocks
88 and 89), under the jurisdiction of the City of
Pickering.
WHEREAS above ground and underground services required for the development of the
above-noted Plans have been completed to the City's satisfaction; and
WHEREAS the City of Pickering has jurisdiction over the roads shown on Plans 40M-1254,
40M-1418 and 40M-1419; and
WHEREAS pursuant to the Municipal Act, S.C. 2001, c. 25, sections 30 and 31, a highway is
owned by the municipality having jurisdiction over it and a municipality may by By-law assume
highways owned by it 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 Agreements relating hereto, or
any amendments thereto, which are to be constructed or installed in the development of
the above-noted Plans or which are located on lands that are dedicated to or owned by
the City within Plan 40M-1254 (save and except Blocks 20 to 27, inclusive), Plan
40M-1418 (save and except Blocks 137, 138 and 141), and Plan 40M~1419 (save and
except Blocks 86 and 89), 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
The underground services that are required to be constructed or installed in the
development of the above-noted Plans including the storm drainage system and related
appurtenances, located on lands that are dedicated to or owned by the City in Plan
40M-1254 (save and except Blocks 20 to 27, inclusive), Plan 40M-1418 (save and
except Blocks 137, 138 and 141) and Plan 40M-1419 (save and except Blocks 86 and
89), or lands lying immediately adjacent thereto, are hereby accepted and assumed for
maintenance under the jurisdiction of The Corporation of the City of Pickering.
In sections 1 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 highways are hereby assumed for public use as public highways under
the jurisdiction of The Corporation of the City of Pickering:
· Alder Court, Foxwood Trail, Norfolk Square, Strouds Lane and Sultana Square, Plan
40M-1254
· Broadoak Crescent, Fernam Street, Post Drive and Strouds Lane, Plan 40M-1418
· Ashfield Court, Charnwood Court, Dencourt Drive and Fernam Street, Plan
40M-1419
BY-LAW read a first, second and third time and finally passed this 17th day of January, 2005.
David Ryan, Mayor
Bruce Taylor, Clerk
P;rTACHMENT#~,.~(~)
REPORT ~ PD -'~
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 licensing 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
licensing of places of amusement;
NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS
AS FOLLOWS:
1. Schedule A to By-law 1416/82, as amended, is hereby further amended by adding thereto the
following:
(a)
(b)
(c)
Alder Court, Foxwood Trail, Norfolk Square, Strouds Lane and Sultana Square, Plan
40M-1254;
Broadoak Crescent, Fernam Street, Post Drive and Strouds Lane, Plan 40M-1418;
and
Ashfield Court, Charnwood Court, Dencourt Drive and Femam Street, Plan 40M-1419,
all in the City of Pickering, Regional Municipality of Durham.
BY-LAW read a first, second and third time and finally passed this 17th day of January, 2005.
David Ryan, Mayor
Bruce Taylor, Clerk
THE CORPORATION OF THE CITY Of PICKERING
BY-LAW NO.
Being a By-law to authorize the release and removal
of the Agreements relating to Plan 40M-1254,
Pickering, from title.
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 Bramalea Limited entered into a Subdivision
Agreement dated September 13, 1982, respecting the development of Plan 40M-1254, Notice
of which was registered as Instrument No. LT158923; and
WHEREAS that Subdivision Agreement was amended by a Development Agreement dealing
with the development of Block 7, Plan 40M-1254, between The Corporation of the City of
Pickering and Marshall Homes Corporation on September 22, 1998, Notice of which was
registered as Instrument No. LT872184; and
WHEREAS the terms and conditions of the Subdivision Agreement and Development
Agreement have been complied with to the satisfaction of the City;
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 September 13, 1982, Notice of which was registered as
Instrument No. LT158923 between Bramalea Limited and The Corporation of the City of
Pickering, respecting the development of Plan 40M-1254, Pickerihg; and
The Mayor and Clerk hereby authorize the release and removal of the Development
Agreement from title dated September 22, 1998, Notice of which was registered as
Instrument No. LT872184, between Marshall Homes Corporation and The Corporation
of the City of Pickering respecting the development of Block 7, Plan 40M-1254,
Pickering.
BY-LAW read a first, second and third time and finally passed this 17th day of January, 2005.
David Ryan, Mayor
Bruce Taylor, Clerk
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO.
Being a By-law to authorize the release and removal
of the Subdivision Agreement from the Lots and
Blocks within Plan 40M-1418, Pickering, from title
(save and except from Blocks 137 and 138).
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 Bramalea Limited entered into a Subdivision
Agreement relating to the development of Plan 40M-1418, dated September 13, 1982, Notice
of which was registered as Instrument No. LT158923; and
WHEREAS that Subdivision Agreement was amended on November 19, 1990, Notice of which
was registered as Instrument No. LT529742; and
WHEREAS the terms and conditions of the Subdivision Agreement and the amendment
thereto have been complied with to the satisfaction of the City;
NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY
ENACTS AS FOLLOWS:
1. The Mayor and Clerk hereby authorize the release and removal from title of:
(a) the Subdivision Agreement dated September 13, 1982, Notice of which was
registered as Instrument No. LT158923 (save and except from Blocks 137 and
138); and
(b) the amending Subdivision Agreement dated November 19, 1990, Notice of which
was registered as Instrument No. LT529742,
between Bramalea Limited and The Corporation of the City of Pickering, respecting the
development of Plan 40M-1418, Pickering.
BY-LAW read a first, second and third time and finally passed this 17th day of January, 2005.
David Ryan, Mayor
Bruce Taylor, Clerk
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO.
Being a By-law to authorize the release and removal
of the Subdivision Agreement from the Lots and
Blocks within Plan 40M-1419, Pickering, from title
(save and except from Block 86).
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 Bramalea Limited entered into a Subdivision
Agreement dated September 13, 1982, Notice of which was registered as Instrument No.
LT158923, respecting the development of Plan 40M-1419, Pickering; and
WHEREAS the terms and conditions of the Subdivision Agreement have been complied with to
the satisfaction of the City;
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 as it relates to Lots 1 to 85 and Blocks 87, 88 and 90, dated
September 13, 1982, Notice of which was registered as Instrument No. LT158923
between Bramalea Limited and The Corporation of the City of Pickering, respecting the
development of Plan 40M-1419, Pickering.
BY-LAW read a first, second and third time and finally passed this 17th day of January, 2005.
David Ryan, Mayor
Bruce Taylor, Clerk