HomeMy WebLinkAboutBy-law 1273/81THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1273/81
Being a By-Law to authorize the execution
of a Subdivision Agreement between the
Corporation of the Town of Pickering and
J.D.S. Investments Limited respecting
Part Lots 20, 21 and 22, Concession 1,
Pickering (Draft Plan 18T-79008(R)
WHEREAS, J.D.S. Investments Limited has proposed to subdivide
and register a plan of subdivision of Part Lots 20, 21 and 22,
Concession 1, Pickering as shown on a draft plan of subdivision
dated November 20th, 1979, as revised, and designated as Draft
Plan No. 18T-79008(8); and
WHEREAS, such proposal has been approved by the Council of
the Corporation of the Town of Pickering and the Ministry of
Housing, subject to several conditions, one of which requires
the entering into of a satisfactory subdivision Agreement
between J.D.S. Investments Limited and the Corporation of the
Town of Pickering;
NOW THEREFORE, the Council of the Corporation of the Town
of Pickering HEREBY ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute a
Subdivision Agreement, in the form attached hereto as
Schedule "A", between the Corporation of the Town of
Pickering and J.D.S. Investments Limited respecting the
subdivision of Part Lots 20, 21 and 22, Concession 1,
Pickering (Draft Plan 18T-79008(R).
BY-LAW read a first, second and third time and finally passed
this sixth day of April , 1981.
ayor
Clerk
TOWN J
PICfCER!N
AS 10 %J`{
SCHEDULE "A" to By-law 1273/81
THIS AGREEMENT made in triplicate thic day of 1981.
B E T W E E N:
J. D. S. INVESTMENTS LIMITED
hereinafter called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART,
- and -
hereinafter called the "Encumbrancers"
OF THE THIRD PART.
WHEREAS, the Owner proposes to subdivide certain parts of Lots 20,
21 and 22, Concession 1, in the Town of Pickering in the Regional Muni-
cipality of Durham, and with the consent of the Encumbrancers, to regis-
ter a plan of subdivision of those lands, as shown on a draft Plan of
subdivision prepared by Schaeffer & Reinthaler Limited, O.L.S., dated
November 20th, 1979, as revised, designated as Draft Plan Number
18T-79008; and
WHEREAS, the Encumbrancers have certain rights or interests in the
nature of encumbrances relating to the lands affected hereby;
NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of
the Town approving the said proposed plan of subdivision, and the coven-
ants hereinafter expressed, the Parties hereto covenant and agree one
with the other as follows:
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PART 1 - PRnPFRT`I PFSCRIPTION
1. LAND AFFECTED
The lands affected by this Agreement are:
ALL AND SINGULAR that certain parcel or tract of land and premises
situate, lying and being in the Town of Pickering, in the Regional
Municipality of Durham and Province of Ontario and being composed
of those parts of Lots 20, 21 and 22, Concession 1, Pickering,
designated
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PART 2 - SERVICES
2.
3.
4.
OWNER'S GENERAL UNDERTAKING
The Owner agrees to complete at its own expense and in a good work-
manlike manner, for the Town, all the municipal services as herein-
after set forth to the satisfaction of the Director of Public 'corks
for the Town of Pickering, and to complete, perform or make payment
for such other matters as may be provided for herein.
CONSULTING ENGINEERS
(1) The Owner agrees to retain a Professional Engineer as the
Consulting Engineer of the Owner to carry out all the neces-
sary engineering and supervise generally the work required
to be done for the development of the subdivision.
(2) Such Consulting Engineer, or any successor thereto, shall
continue to be retained until the work provided for in this
Agreement is completed and formally accepted by the Town.
STORM SEWERS
(1) The owner agrees to construct a complete storm system includ-
ing storm connections to the street line and catch basin
leads to service all the lands in the plan of subdivision
and adjacent road allowances and to provide capacity for
lands upstream of the plan of subdivision, according to
designs approved by the Director of Public Works and accord-
ing to the specifications of the Town in effect at the date
hereof and to maintain them, including clearing any blockages
or debris from whatever cause, until they are formally accep-
ted by the Town.
(2) Such sewers shall be constructed to an outlet or outlets
according to designs approved by the Director of Public
Works and shall be of sufficient size and depth and at loca-
tions either within or outside the lands affected hereby to
service the plan of subdivision and the aforementioned lands
outside the plan of subdivision, which in the opinion of the
Director of Public Works, will require their use as trunk
outlets.
(3) Should, in the opinion of the Director of Public Works, an
inadequate stream or structure exist in the outlet system
outside the plan of subdivision, the Owner may be required
to carry out such works as are necessary to provide adequate
outlets.
(4) The Town may connect or authorize connection into any part
of the system but such connection shall not constitute
acceptance of the sewer system by the Town.
(5) No connection under subsection 4, above, shall be undertaken
or authorized prior to preliminary acceptance of the sewer
system by the Town except in an emergency.
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PART 2 - SERVICES (Cont'd)
5. ROADS - ROUGH GRADE
(1) Prior to the installation or construction of the relevant
municipal services provided for herein, the Owner agrees to
rough grade to the Town's specifications to the full width,
the proposed road allowances shown on the plan of subdivi-
sion.
(2) The owner further agrees to keep all boulevards clear and
free of materials and obstructions which might interfere
with the installation of electric, telephone, gas or other
utilities.
6. ROADS - PAVED
(1) The Owner agrees to construct the roads shown on the plan
of subdivision according to the specifications for paved
roads of the Town in effect at the date hereof including
such boundary or approach roads (except Liverpool Road) as
may be necessary to provide an adequate access.
(2) The specifications for boulevard grading, sidewalks and sod-
ding shall apply to existing roads adjacent to the plan of
subdivision.
(3) The owner covenants and agrees that, until assumption by
the Town, it will maintain and repair the roads within the
plan of subdivision and those parts of existing Sheridan Mall
Parkway (Industrial Road) and Valley Farm Road outside the
plan of subdivision where construction has taken place or
that are used by construction traffic entering the plan of
subdivision and keep such roads clear of dust, refuse, rub-
bish or other litter of all types.
(4) The Owner will erect and maintain adequate signs to warn
all persons using the roads in the plan of subdivision that
the maintenance of them has not been assumed by the Town
from the time that they are opened until formal assumption
by the Town.
(5) Such signs and the location thereof are subject to the
approval of the Town's Director of Public works.
7. CURBS & GUTTERS
(1) The owner agrees to construct curbs and gutters,
(a) on both sides of all the roads shown on the plan of
subdivision, and
(b) on the east s?da of Valley Farm Road adjacent to
Block 41,
according to the specifications of the Town in effect at
the date hereon and to maintain them until they are form-
ally accepted by the Town.
(2) If any curb depressions are not located correctly with
respect to a driveway, the owner shall construct a curb
depression in the correct location and fill in the original
curb depression according to the said specifications.
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PART 2 - SERVICES (Cont'd)
8. SIDEWALKS
(1) The Owner agrees to construct a sidewalk,
(a) on both sides of,
(i), Street A (Sheridan Mall Parkway), between Block
63 and the northerly extension of the westerly
lot line of Block 48;
(ii) Street B (Burkholder Avenue);
(iii) Street C (McGibbon Drive);
(iv) Street D (The Esplanade South);
(v) Street E (Abbott Drive) and
(vi) Street F (Diefenbaker Drive);
(b) on the south side of Street A (Sheridan Mall Parkway),
between the northerly extension of the westerly lot
line of Block 48 and the westerly limit of the street;
(c) on the west side of Valley Farm Road, as re-aligned and
widened, between the northerly limit of Block 66 and the
northerly limit of Street A (Sheridan Mall Parkway);
(d) on the east side of Valley Farm Road, as re-aligned, be-
tween a point opposite the northerly limit of Block 66
and a point on the westerly extension of the southerly
lot line of Block 41;
according to the specifications of the Town in effect at the
date hereof and to maintain them until they are formally
accepted by the Town.
(2) Notwithstanding the time limits for completion set out in
the Table in section 1 of Schedule "A" hereto, the construc-
tion of the sidewalk referred to in clause (c) of subsection
1, above, shall be completed within one year after commence-
ment of construction of buildings or other development on
abutting lands; all other provisions of the said section 1
of Schedule "A" hereto shall apply.
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PART 2 SERVICES (Cont'd)
9. UNDERGROUND ELECTRIC DISTRIBUTION, CABLE TELEVISION SERVICE
& STREET LIGHTING
(1) Underground electric distribution and cable television services
shall be provided for all lots and blocks within the plan of
subdivision according to the standards and specifications of
the appropriate authority.
(2) The Owner agrees to pay all costs of installation of street
lighting, including poles and other necessary appurtenances for
the lighting of all streets and pedestrian walkways on the
plan, and Valley Farm Road.
(3) Half of the costs referred to in subsection 2 relating to that
part of Valley Farm Road adjacent to Blocks 44, 45 and 52 shall
be paid by the Town upon receipt by it of,
(a) invoices supported by engineering certificates verifying
completion; and
(b) evidence of inspection and approval of Pickering Hydro-
Electric Commission.
(4) The lighting shall be designed and installed in accordance with
standards established by the Town and in conformity with the
Association of Municipal Electrical Utilities Guide to Muni-
cipal Standard Construction.
(5) The installation of all works provided for in this clause shall
be constructed under the supervision and inspection of Picker-
ing Hydro-Electric Commission and Pickering Cable TV Limited,
as the case may be.
10. INSPECTION OF WORK
(1) All works required to be constructed by the Owner, except those
referred to in section 9, above, shall be installed under the
observation of Inspectors employed by the Town and the Owner
agrees to pay the costs incurred therefor within thirty (30)
days of invoices being rendered.
(2) The costs referred to in subsection (1), above, may include,
but not necessarily be limited to, salaries and wages of
Inspectors, testing fees and administration fees.
11. LIABILITY INSURANCE
(1) Before commencing any of the work provided for herein, the
- owner shall supply the Town with a Liability Insurance Policy
in form satisfactory to the Town,'indemnifying the Town from
any loss arising from claims for damages, injury or otherwise
in connection with the work done by or on behalf of the Owner
in the plan of subdivision.
(2) The amount of the said Policy shall be $1,000,000.
(3) In the event any renewal premium is not paid, the Town, in
order to prevent the lapse of such Liability Insurance Policy,
may pay the renewal premium or premiums and the Owner agrees to
pay the cost of such renewal or renewals within thirty (30)
days of the account therefor being rendered by the 'log-m.
(4) It shall be the responsibility of the Owner to notify the Town
of the dates for the renewal of the premium of the said policy
and to supply proof that the premium of the said policy has
been paid in order that the protection provided by the Liabil-
ity Insurance Policy shall not lapse.
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PART 2 - SERVICES (Cont'd)
12. PERF0P24ANCE & MAINTENANCE GUARANTEE
(1) Before commencing any of the work provided for herein, the
Owner shall supply the Town with a 100% performance and
maintenance security in a form satisfactory to the Town and
in an amount established by the Director of Public Works
for that Phase to guarantee the satisfactory completion of
the work and to guarantee the workmanship and materials for
a period cf two (2) years from the date that the said works
are completed and such completion acknowledged, in writing,
by the Director of Public Works.
(2) Such performance and maintenance security may, at the option
of the Owner, be made up of cash or irrevocable letter of
credit.
(3) The Owner may, from time to time, apply for a reduction in
the cash or letter of credit and such application shall be
made to the Town Treasurer.
(4) Upon written verification from the Director of Public Works
that the services for which reduction is being sought have
been satisfactorily completed, the Town Manager may reduce
the amount of the security to an amount not less than ten
per cent (108) of the original value, which ten per cent
portion shall apply as the security for maintenance until
the obligation to maintain has expired, when the balance
of the security shall be returned to the Owner subject to
any deductions for maintenance purposes.
(5) Upon the approval, if any, of a reduction in the amount of
a security required to be provided in subsection 1, the
Town Manager or the Town Treasurer shall provide to the
Owner any necessary assurance to effect the reduction.
13. DRAINAGE - SODDING
(1) The owner agrees to provide the Town, before commencing any
of the work provided for herein and prior to the commence-
ment of the development of the plan of subdivision, with a
Grading Control Plan prepared by the Owner's Consulting
Engineer, establishing the proposed grading of the lands to
provide for the proper drainage thereof and the drainage of
all adjacent lands which drain through the plan of subdivi-
sion.
(2) The Grading Control Plan is to be prepared in accordance
with the Town's Lot Drainage Specifications in effect at
the date of this Agreement and is subject to the approval
of the Director of Public Works and the Metropolitan Toronto
and Region Conservation Authority.
(3) The grading of all lands shall be carried out by the Owner
in accordance with the Grading Control Plan, under the
supervision of the Owner's Consulting Engineer.
(4) If, in the opinion of t
problems occur prior to
the plan of subdivision
rect them by re-grading
basins, swales or other
correct such problems.
ie Director of Public Works, drainage
formal acceptance of the works in
by the Town, the Owner agrees to cor-
or by the construction of catch
structures as may be necessary to
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PART 2 - SERVICES (Cont'd)
13.
14.
DRAINAGE - SODDING (Cont'd)
(5) The Owner agrees to sod the front, side and rear yards of
each of the lots and blocks except for paved or planted
areas, upon the completion of the construction of buildings
thereon.
INCOMPLETED OR FAULTY WORK
(1) If, in the opinion of the Director of Public Works, the
Owner is not prosecuting or causing to be prosecuted the
work in connection with this Agreement within the speci-
fied time, or in order that it may be completed within
the specified time, or is improperly performing the work,
or shall the owner neglect or abandon it before the com-
pletion, or unreasonably delay the same so that the condi-
tions of this Agreement are being violated or carelessly
executed, or in bad faith, or shall the Owner neglect or
refuse to renew or again perform such work as may be re-
jected by the Director of Public Works as defective or un-
suitable, or shall the Owner in any other manner, in the
opinion of the Director of Public Works, make default in
performance of the terms of this Agreement, then in any
such case, the said Director of Public Works shall promptly
notify the owner and his surety in writing of such default
or neglect and if such notification be without effect
within ten (10) clear days after such notice, then in that
case, the Director of Public Works shall thereupon have
full authority to purchase such materials, tools and
machinery and to employ such workmen as in his opinion
shall be required for the proper completion of the said
work at the cost and expense of the Owner or his surety,
or both.
(2) (a) In cases of emergency, in the opinion of the Director
of Public works, such work may be done without prior
notice but the owner shall be forthwith notified.
(b) The cost of such work shall be calculated by the
Director of Public Works whose decision shall be
final.
(c) It is understood and agreed that such costs shall
include a management fee of twenty per cent (200)
of the labour and material value, and further, a
fee of thirty per cent (30%) of the value for the
dislocation and inconvenience caused to the Town
as a result of such default on the part of the
owner, it being hereby declared and agreed that the
assuming by the owner of the obligations imposed by
this paragraph is one of the considerations, without
which the Town would not have executed this Agreement.
15. DEDICATIONS
The owner shall dedicate as public highway, upon the registration
of the final plan, or convey, free and clear of all encumbrances,
within the thirty (30) days immediately following the registra-
tion of the final plan, the lands indicated in Column I of the
following Table to the respentive authority named in Column II
of the Table:
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PART 2 - SERVICES (Cont'd)
15
DEDICATIONS (Cont'd)
Column I
Street A
(Sheridan Mall Parkway)
Street B
(Burkholder Avenue)
Street C
(McGibbon Drive)
Street D
(The Esplanade South)
Street E
(Abbott Drive)
Street F
(Diefenbaker Drive)
Street G
(Valley Farm Road
re-alignment & widening)
Column II
The Corporation of the Town
of Pickering
The Corporation of the Town
of Pickering
The Corporation of the Town
of Pickering
The Corporation of the Town
of Pickering
The Corporation of the Town
of Pickering
The Corporation of the Town
of Pickering
The Corporation of the Town
of Pickering
16. TRANSFERS - CONVEYANCES
(1) The owner shall convey free and clear of all encumbrances,
at no cost to the Grantee, upon the registration of the
plan or within the thirty (30) days immediately following
the registration of the final plan, the lands indicated in
Column I of the following Table to the respective authority
named in Column II of the Table:
Column I
Blocks 57, 58, 59,
60, 61, 62, 63
(Reserves - Sheridan
Mall Parkway)
Column II
The Corporation of the Town
of Pickering
Block 64
(Reserve - Diefenbaker
Drive)
Blocks 65, 66
(Reserves - Valley
Farm Road)
Block 67
(Reserve - The Esplanade
South & Burkholder Avenue)
The Corporation of the Town
of Pickering
The Corporation of the Town
of Pickering
The Corporation of the Town
of Pickering
(2) Notwithstanding the provisions of subsection (1), above, a
transfer of any reserve block shall not be deemed to be
subject to an encumbrance if that encumbrance relates in
any way to the existence or maintenance of a public service
or utility existing as of the date of this Agreement.
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PART 2 - SERVICES (Cont'd)
17. TRANSFERS - EASEMENTS
(1) The Owner shall arrange at no cost to the Town for granting
to the Town such easements as the Director of Public Works
or his designate shall deem necessary for the provision of
storm sewer services both within the boundaries of the plan
of subdivision and across lands adjacent thereto but outside
its boundaries. Such easements shall be subject to the
approval of the Director of Public Works or his designate
as to their location and width.
(2) The construction of any services in such easement or ease-
ments shall not commence until the easement has been acquired,
unless permission to do so has been obtained by the Owner,
in writing, from the Town and from the registered owner of
the lands across which the easement shall lie.
18. STREET NAMING
The owner shall name, on the final plan, the streets indicated in
Column I of the following Table, with the respective names set
out in Column II of the Table:
Column I
Column II
(Draft Plan Designation)
Street A
Street B
Street C
Street D
Street E
Street F
Sheridan Mall Parkway
Burkholder Avenue
McGibbon Drive
The Esplanade South
Abbott Drive
Diefenbaker Drive
New Valley Farm Road
19. SERVICE CAPACITY
Valley Farm Road
This Agreement shall be subject to the Owner entering into sat-
isfactory arrangements with the Town and the Regional Municipal-
ity of Durham with respect to the allocation of sewage treatment
plant capacity and water capacity for the development.
20. GENERAL PROVISIONS - SERVICES
The Owner agrees with the Town:
(a) Paving of Driveway Approaches
To pave all driveway approaches between the curb and side-
walk, or, where no sidewalk is to be provided, between the
curb and the lot line.
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PART 2 - SERVICES (Cunt'd)
20. GENERAL PROVISIONS - SERVICES (Conk' d)
(b) Continuation of Existing Services
Where the construction of services herein involves a contin-
uation to existing services, to join into the same, includ-
ing adjustment of grades where necessary, in a good and
workmanlike manner.
(c) Public Lands - Fill & Debris
Neither to dump nor to permit to be dumped, any fill or
debris on, nor to remove or permit to be removed, any fill
from any public lands or lands reserved for public use,
other than the actual construction of roads in the plan of
subdivision without the written consent of the authority
responsible for such lands or for whom such lands are
reserved.
The owner shall, on request, supply the Town with an ack-
nowledgement from such authority of the Owner's compliance
with the terms of this clause.
The Owner further agrees that there shall be no burning of
refuse or debris upon its lands, any public lands or any
lands reserved for public use.
(d) Construction Traffic
Wherever possible, to ensure that construction traffic serv-
ing the development of this plan does not use roads, in this
plan or adjacent plans, having occupied residential units
fronting thereon.
(e) Qualitative or Quantitative Tests
The Director of Public Works may have qualitative or quan-
titative tests made of any materials which have been or are
proposed to be used in the construction of any services re-
quired by this Agreement, and the cost of such tests shall
be paid by the Owner within thirty (30) days of the account
being rendered by the Town.
(f) Relocation of Services
To pay the cost of relocating any existing services and
utilities caused by the subdivision work within thirty (30)
days of the account for same being rendered by the Town.
The owner further agrees similarly to pay the cost of mov-
ing any services or utilities installed under this Agree-
ment in driveways or so close thereto, in the opinion of
the Director of Public Works, as to interfere with the use
of the driveway.
(g) Specifications
Unless otherwise provided, to perform any work required to
be done under this Agreement to the specifications of the
Town in effect at the date hereof.
(h) Temporary Signs
To provide and erect at its own cost, to the specifications
of the Town, temporary signs of such nature and at such
locations as may be designated by the Director of Public
Works.
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PART 2 - SERVICES (Cont'd)
20. GENERAL PROVISIONS - SERVICES (Cont'd)
(i) Permanent Signs
To provide and erect at its own cost, to the specifications
of the Town, permanent signs of such nature and at such loca-
tions as may be designated by the Director of Public Works.
(j) Engineering Drawings
Prior to the final acceptance of the subdivision, to supply
the Town with the original drawings of the engineering works
for t'he plan of subdivision, with amendments, if any, noted
thereon.
(k) Snow Plowing & Sanding of Roads
If, in the opinion of the Director of Public Works, the
condition of the road surface is not acceptable for winter
control, to snow plow and sand such roads from such occupied
buildings to existing Town roads or to subdivision roads
that receive the Town's winter control service, including
alternate means of access where available.
Such snow plowing and sanding shall be done from time to
time when the Director of Public Works deems conditions
warrant and until such time as the roads are acceptable to
the Director of Public Works for winter control.
(1) Survey Monuments & Markers
Prior to the acceptance of the subdivision by the Town, to
supply a statement by an Ontario Land Surveyor that, after
the completion of the subdivision work, he has found all
standard iron bars as shown on the registered plan, and
survey monuments at all block corners, the ends of all
curves, other than corner roundings and all points of
change in direction of streets on the registered plan.
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PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS
21.
CONSTRUCTION & OCCUPANCY OF BUILDINGS
(1) The Owner agrees that no building permit shall be issued for
any building or part of a building in the subdivision until
sewer and water facilities are available, and in the opinion
of the Director of Public Works, capable of providing ade-
quate service.
(2) The Owner further agrees that no building or part of a build-
ing in the subdivision shall be occupied except upon the
issuance of a municipal occupancy permit.
(3) It is agreed that no application for a municipal occupancy
permit for a building or part of a building shall be made
except upon the following conditions:
(i) Sewer and water facilities are installed and in
operation to adequately serve such building or
part thereof;
(ii) Electric service is completed and in operation;
(iii) An asphalt base has been laid on the road immed-
iately in front of the building or part thereof
and extended to an existing maintained public
road; and
(iv) Such curbs, as in the opinion of the Director of
Public Works, are required to be completed prior
to occupancy have been constructed on the said
road and extend to an existing maintained public
road.
(4) The Owner agrees with the Town that should any residential
building or part thereof in the plan of subdivision be
occupied without the prior issuance of a municipal occupancy
permit, then in that event, the Owner shall pay to the Town,
the sum of $1,500 for each residential building or part
thereof so occupied as liquidated damages therefor.
The issuance by the Town of municipal occupancy permits for
each and every residential building on any lot or block in
the plan of subdivision shall be deemed to be a release from
the provisions of this subsection with respect to that lot
or block.
(5) The owner further covenants and agrees to maintain vehicu-
lar access to all occupied buildings in the plan of subdi-
vision, until the roads are formally assumed by the Town,
and further agrees to obtain similar covenants from any
subsequent owner of any of the lands in the said plan.
22. TIME LIMIT FOR CONSTRUCTION
(1) The owner shall construct or cause to be constructed, on
Lots 1-35, inclusive, and Block 36, 40, 46 and 47, three
hundred and seventy-four (374) housing units, all of which
shall be completed within two (2) years of the date of reg-
istration of the plan.
(2) Any proposed deviation from the requirements of subsection
(1) shall require a prior amendment to this Agreement.
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PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS (Cont'd)
23. DESIGN PLANNING
(1) The owner agrees that, prior to the issuance of any build-
ing permit for the construction of any residential unit on
the lands, it shall submit to the Town's Director of Plan-
ning, for approval, a report outlining siting and architec-
tural design objectives for the subdivision.
This report may be required, at the Director's option, to
provide the following information:
(a) house massing;
(b) streetscape;
(c) exterior materials and colours;
(d) architectural style;
(e) visual variety;
(f) energy conservation measures; and
(g) any other data or information required.
(2) The owner further agrees that, prior to the issuance of any
building permit for the construction of a residential unit
to be erected on the lands, it shall submit to the Director,
for approval, site plans and architectural drawings for that
unit.
These plans and drawings may be required, at the Director's
option, to provide the following information:
(a) the location of all buildings and structures to be
erected and the location of all facilities and works
associated therewith;
(b) the location of landscaping features, including trees
to be preserved;
(c) streetscape for front and rear elevation at a scale
acceptable to the Director;
(d) streetscape to show all street furniture and vegeta-
tion;
(e) the relationship of buildings by blocks; and
(f) any other data or information required.
- 15 -
PART 4 - FINANCIAL MATTERS
24
25
26
FINANCIAL PAYMENTS
(1) The owner agrees to pay to the Town, a unit levy in the
amount of $1,200 per unit, for each dwelling unit for which
a building permit is received.
(2) No building permit shall be issued for any dwelling unit
unless payment of the unit levy shall have been made in
advance of the issuance of such permit with respect to
such dwelling unit.
(3) Payments of such levies shall be made to the Town from time
to time as building permits are required.
(4) In any event, the Owner shall pay all levies due under the
provisions of this section in full, no later than eighteen
(18) months from the date of registration of the plan.
(5) A letter from the Clerk of the Town advising that the unit
levy has been paid shall be deemed to be a release of this
section for the lands referred to in the said letter.
LETTER OF CREDIT
The Owner shall, immediately prior to the registration of the
plan, deposit with the Town, an irrevocable bank letter of
credit payable to the Town, in a form satisfactory to the Town,
for the sum of $500,000 as security for:
(a) the payments referred to in section 24 hereof; and
(b) the payment of liquidated damages referred to in subsec-
tion (4) of section 21 hereof.
GENERAL PROVISIONS - FINANCIAL MATTERS
The Owner agrees with the Town:
(a) Taxes
To pay the taxes in full on all the lands included in the
said plan of subdivision, as required by law from time to
time.
(b) Local Improvements
Prior to the release of the plan for registration, to pre-
pay any outstanding local improvement charges which are
levied against any of the lands in the said plan of subdi-
vision.
(c) Interest
To pay interest at the rate of eighteen per cent (18%) per
annum to the Town on all sums of money payable herein which
are not paid on the due dates calculated from such due
dates.
- 16 -
PART 4 - FINANCIAL, MATTERS (Cont'd)
26. GENERAL PROVISIONS - FINANCIAL MATTERS (Cont'd)
(d) Registration Fees
To pay all registration costs incurred by the Town relating
in any way to the registration of the plan of subdivision
or any other related documentation, including transfers, in
the Land Titles Office.
(e) Lien or Other Claims
Upon applying for financial acceptance of the subdivision,
to supply the Town with a Statutory Declaration that all
accounts for work and materials have been paid, except nor-
mal guarantee holdbacks, and there are no claims for liens
or otherwise in connection with such work done or material
supplied for or on behalf of the Owner in connection with
the subdivision, or if such claims do exist, the Owner
agrees to indemnify the Town against any claims, actions
or demands for mechanics' liens or otherwise and all costs
in connection therewith.
27. EXPIRY OF SECURITIES
(1) The Owner further agrees that should any letter of credit
required to be given under the terms of this Agreement
expire during the currency of the Agreement, the Owner
shall provide to the Town at least thirty (30) days in
advance of the expiry date of that letter of credit, a
further letter of credit to take effect upon the expiry.
Such further letter of credit or bond shall be to the
satisfaction of the Town.
(2) Should no such further letter of credit be provided as
required, then the Town shall have the right to convert
the expiring letter of credit into cash and hold the cash
in lieu of and for the same purposes as any further letter
of credit or bond.
28. TERMINATION OF LEVY/OCCUPANCY SECURITY
(1) The letter of credit required to be deposited with the
Town pursuant to the provisions of section 25, above, may
only be terminated or cancelled by the Owner after the
Municipal Occupancy Permit for the last residential build-
ing or part thereof to be constructed on these lands has
been issued by the Town.
(2) Notwithstanding the provisions of subsection 1, the Owner
may, from time to time, apply to the Town Treasurer for a
reduction in the amount of the letter of credit referred
to in subsection 1, as Municipal Occupancy Permits are
issued.
29. PROVIS
30.
17 -
PART 5 - PARKS & TREES
OF PARKLAND
(1) Subject to the provisions
registration of the final
vey, free and clear of al
Town, 1.85 hectares (4.58
of Block 64, and the Town
for park purposes.
of section 16(2), above, upon the
plan herein, the Owner shall con-
1 encumbrances, at no cost to the
acres) of land immediately north
agrees to accept such conveyance
(2) It is acknowledged and agreed that, in calculating the above-
mentioned park conveyance, the ultimate development of Blocks
41 and 45 was not taken into account and consequently, upon
the residential development thereof, further park conveyance
shall be required.
FENCING
(1) The Owner shall erect, upon the completion of final lot grad-
ing and seeding or sodding the lands in the subdivision,
(a) a permanent fence of nine (9) gauge, galvanized steel
link fencing, having 0.05 metre mesh, 1.8 metres high,
along the boundary of the subdivision adjacent to
Blocks 36, 37, 50, 51, 52, 54, 56, and the southerly
boundary of Block 53; and
(b) a permanent fence of nine and three quarter (9-3/4)
gauge, nine (9) strand, galvanized steel farm fence,
1.22 metres high, having maximum 0.10 x 0.40 metre
mesh along the boundary of the subdivision adjacent
to Blocks 39, 40, 41, 42, 47, 64 and 67.
(2) The fencing required to be constructed pursuant to clause
(a) of subsection (1), above, shall be constructed so as
to meet or exceed the requirements for swimming pool enclo-
sures as set out in Part II of the Town's By-Law 425/76,
as amended from time to time, or any successor thereto.
(3) Notwithstanding the provisions of subsection (1), should the
Ministry of the Environment require a fence or barrier, of a
type, height or construction other than that required by sub-
section (1), to be erected in any location referred to in sub-
section (1), or in any other location in the plan of subdivi-
sion, then in that event the provisions of subsection (1)
shall be deemed to be amended accordingly, and the provisions
of subsection (2) shall apply.
(4) The owner shall further erect, at the time the fencing
referred to in subsection (1) is erected, vehicle barriers
on Blocks 60 and 63; such barriers to be constructed in
accordance with specifications therefor and to the satis-
faction of the Director of Public Works.
31. DRAINAGE ONTO OPEN SPACE/PARKLAND
(1) The Owner shall ensure that
do not drain surface run-off
open space or walkways.
the lands within the subdivision
water onto Town owned parkland,
(2) Where this is not possible, the Owner shall install within
the parkland, open space or walkways, as the case may be,
at a distance no greater than six (6) metres from the prop-
erty line, suitable swales and catch basins to adequately
manage, in the opinion of the Director of Parks and Recrea-
tion, all surface run-off water, draining onto the parkland
open space or walkway:, from the lands within the subdivi-
sion.
- is -
PART 5 - PARKS & TREES (Cont'd)
32. LANDSCAPE PLANNING
(1) The Owner agrees that Prior to the issuance of building per-
mits for any of the units to be erected on the lands, it
shall submit a landscaping plan for all of the lots and
blocks on the plan to the Town for approval.
(2) The Owner further agrees that upon approval by the Town of
a landscaping plan, the landscaping works shown on the
plan shall be constructed, installed or planted, as the case
may be, in conformance with the landscaping plan according
to the time limits set out in Schedule "A".
33. TREE PLANTING
(1) M The Owner shall plant on the lands, trees of a size,
number and type acceptable to the Town.
(ii) A schedule of the owner's tree planting scheme shall
be approved by the Director of Planning prior to the
planting of any trees.
(iii) A list of acceptable tree species and sizes will be
provided.
(2) The trees approved by the Town shall be planted by the owner
no more than six (6) months after final grading is done in
the specified area.
(3) (i) The Owner shall provide at least one (1) tree per
residential unit in the subdivision.
(ii) Where the density is too great to enable this
quota to be met, the Owner shall provide $50 per
unit for tree planting in a public land area with-
in the community in which the plan is located.
34. TREE PRESERVATION
(1) The Owner agrees to retain, at its own expense, a qualified
expert in order to determine which of the existing trees
shall be preserved.
(2) The aforementioned qualified expert shall prepare a Tree
Preservation Program, which program shall be submitted to
the Director of Planning and shall not be put into effect
_ until it has received the a_proval of the Director of Plan-
ning.
(3) In determining whether or not to approve the Tree Preserva-
tion Program, the Director shall be governed by the Town
Tree Preservation Guidelines in effect as at the date
hereof.
- 19 -
PART 6- GENERAL PROVTSONS
35. LICENCE TO ENTER
The Owner agrees with the Town to retain a licence from any sub-
sequent purchaser of the aforesaid lands to enter upon such lands
in order to comply with the provisions of this Agreement.
36. CANCELLATION OF AGREEMENT
In the event the complete plan of subdivision is not registered
on or before September 25th, 1981, the Town may, at its option
on one (1) month's notice to the Owner, declare this Agreement
to be null and void with respect to any unregistered portion of
the plan.
37. NOTICE
Any notice required to be given hereunder shall be given by
delivery to the other Party at its principal place of business
as follows:
Owner: Office of the
Limited, 1000
Ontario M3J
Town: Office of the
1710 Kingston
L1V 1C7
Encumbrancers:
President, J.D.S. Investments
Finch Avenue West, Downsview,
2E7
Town Manager, Town of Pickering,
Road, Pickering, Ontario
and shall be effective as of the day of delivery.
38. ENCUMBRANCERS
The Encumbrancers agree with the Town that this Agreement shall
have priority over and take precedence over any of their rights
or interests affected hereby, whether or not any such right or
interest was established or arose prior to the date hereof and
whether or not such right or interest is set out in or arises by
virtue of any instrument or document registered on title to the
lands affected hereby, or any part of them, prior to the regis-
tration of this Agreement.
39. INTERPRETATION
(1) Whenever in this Agreement'the words "Owner" and "Encum-
brancers" and the pronoun "it" is used, they shall be read
and construed as "Owner or owners", "Encumbrancer or FF'r_,:.m-
brancers", and "his", "her" or "their", respectively, and
the number of the verb agreeing therewith shall be construed
accordingly.
(2) The provisions in Schedules "A", "B" and "C" attached hereto
shall form part of this Agreement.
40. TIME
Time shall be of the essence of this Agreement.
- 20 -
PART 6 - GENERAL PROVISIONS (Cont'd)
41. BINDING PARTIES
This Agreement and everything herein contained shall enure to the
benefit of and be binding upon the Parties hereto, their succes-
sors and assigns.
IN WITNESS WHEREOF, the said Parties have hereunto affixed their
Corporate Seals attested to by the hands of their proper officers in
that behalf fully authorized.
SIGNED, SEALED & DELIVERED
J. D. S. INVESTMENTS LIMITED
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
SC!IE DULL. "A"
1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS
Save as herein otherwise provided, the Owner agrees to complete
the works required under this Agreement within the time limits
specified in the 'fable set out below and to guarantee the work-
manship and materials for a period of two (2) years from the
date that the said works are approved in writing by the Director
of Public Works, the Director of Parks and Recreation, or the
Director of Planning, as the case may be.
Any works other than that specifically provided for in the Table
shall be completed within the time limit provided for therein
for aboveground services.
Table
Works Time Limit for Completion
(a) Underground Eightten months from the date
Services of the registration of the
plan of subdivision
(b) Aboveground Two years from the date of the
Services registration of the plan of
subdivision
2. TEMPORARY TURNING CIRCLES
Notwithstanding the provisions of sections 6, 7 and 8 of this
Agreement, the Owner shall construct, at its sole expense and
to the Town's specifications, a temporary turning circle at the
westerly end of the easterly section of Street A (Sheridan Mall
Parkway), which shall be removed and replaced with permanent
services at the Owner's expense, when the road is extended.
3. DEMOLITION OF EXISTING BUILDINGS
All structures on the lands comprising the plan of subdivision
shall be demolished by the Owner, at its sole expense, prior to
the issuance of any building permit.
4. FUTURE DEVELOPMENT
(1) Block 41 shall be reserved for future development and be
developed only following the entering into of a Site Plan/
Development Agreement pursuant to the provisions of sec-
tion 35a of The Planning Act, R.S.O. 1970, chapter 349, as
amended.
(2) Block 45 shall be reserved for future residential develop-
ment and be developed only following the entering into of
an Agreement amending this Agreement, such Agreement to
include, but not necessarily be limited to, provisions
concerning:
(a) time limit for construction of housing units;
(b) financial payments and letters of credit securing
same;
(c) provision of parkland; and
(d) industrial/commercial component.
A-2
4. FUTURE DEVELOPMENT (Cont'd)
(3) Blocks 50 and 56 shall be reserved for future non-residential
development and shall be developed only following,
(a) resolution of land acquisition/exchanges pertaining
to the future widening of Highway 401; and
(b) the entering into of a Site Plan/Development Agree-
ment pursuant to the provisions of section 35a of
The Planning Act, R.S.O. 1970, chapter 349, as amended.
5. ESPLANADE
(1) The Owner shall reserve Block 42 for public use and shall
convey it to the Town, free and clear of all encumbrances,
at no cost to the Town, as a conveyance of parkland, or
part thereof, for a future residential development in the
Town's Main Central Area.
(2) The conveyance of Block 42 to the Town shall occur in
accordance with the terms of an Agreement with the Town
respecting parkland provisions in the Town's Main Central
Area.
(3) No later than-ten (10) months after the conveyance thereof
to the Town, the Owner shall complete, at its sole expense
and to the satisfaction of the Director of Parks and Recre-
ation, the ground development of Block 42, which develop-
ment shall include, but not necessarily be limited to, rough
grading, fine grading, provision of topsoil, seeding and
fertilizing.
6. SHERIDAN MALL PARKWAY CONNECTING LINK
(1) Notwithstanding the provisions of any other section of this
Agreement, the Owner shall construct to the Town's standards,
a roadway, and associated services on the Sheridan Mall Park-
way connecting link being the lands extending westerly from
Block 60, as if the lands were included in the plan of sub-
division herein.
(2) The total cost of the design and construction of the road
and services referred to in subsection (1) shall be borne by
the Owner, to a maximum sum of $50,000.
(3) Should the cost referred to in subsection (2) exceed $50,000
the excess cost shall be paid by the Town to the Owner upon
receipt by the Town of,
(a) invoices supported by Engineering Certificates veri-
fying completion and payment therefor; and
(b) evidence of inspection and approval by the relevant
authorities.
(4) For the purposes of the application of sections 12 and 14
of the Agreement, and the guarantee provisions set out in
section 1 of this Schedule, it is hereby agreed that all
costs and responsibilities shall be shared by the Owner
and the Town on a pro-rated basis in the same ratio as the
cost of the works borne by the owner bears to the cost of
the works borne by the Town.
SCUEDULE "B"
1
INDUSTRIAL/COMMERCIAL, COMPONENT
(1) The owner shall construct within the Town of Pickering,
(a) industrial buildings having a total floor area of
not less than 34,745 square metres (374,000 square
feet), or
(b) commercial buildings having a total floor area of
not less than 22,290 square metres (239,935 square
feet), or
(c) industrial buildings and commercial buildings having
a total floor area such that, for each of the 374
residential units to be constructed pursuant to the
provisions of section 22(1) of this Agreement, there
shall be 92.9 square metres (1,000 square feet) of
industrial building or 59.6 square metres (642 square
feet) of commercial building constructed,
and, based on the Town's 40 (industrial) - 60 (residential)
and 30 (commercial) - 70 (residential) ratios, the Owner
shall be entitled thereby to 374 credits upon which the
same number of residential building unit permits may be
issued.
(2) The required industrial or commercial buildings shall be
completed according to the following time limits:
(a) on or before December 31st, 1985, sufficient indus-
trial buildings, commercial buildings, or a com-
bination thereof, to provide 155 residential build-
ing unit credits; and
(b) on or before December 31st, 1987, sufficient indus-
trial buildings, commercial buildings, or a combin-
ation thereof, to provide the balance of the 374
residential building unit credits referred to in
subsection (1), above.
(3) For the purpose of determining the number of residential
building unit credits arising as the result of the con-
struction of industrial buildings, commercial buildings,
or a combination thereof, the per unit requirements set
out in clause (c) of subsection (1), above, shall be used.
(4) If, on the lst day of January in any year from, after and
including 1986, the required industrial or commercial build-
ings have not been constructed, then commencing in 1986, the
owner shall pay annually to the Town on the 15th day of Jan-
uary in each year, liquidated damages in the amount of $350
for every 92.9 square metres or part thereof of the required
industrial or commercial buildings not constructed on each
January 1st.
(5) The Owner shall leave deposited with the Town, its perform-
ance guarantee in the amount of $655,000 to guarantee the
satisfactory completion of the required industrial or com-
mercial buildings on or before the dates set out in subsec-
tion (2), above, and to secure the payment of any liquidated
damages that may become payable under subsection (3), above.
(6) The Parties hereby acknowledge that the requirement set out
in subsection (1), above, relates only to the credits nec-
essary to effect the residential development of Lots 1-35,
inclusive, and Blocks 36, 40, 46 and 47; should the ulti-
mate development of Blocks 41 and 45 be residential, further
credits may, at the Town's option, be required.
SCHEDULE; "C"
1.
2.
3.
4.
SPECIAL PROVISIONS REQUIRED BY THE MINISTER OF HOUSING
The sections set out in this Schedule represent provisions re-
quired to be inserted in this Agreement by the conditions of
draft approval, dated March 25th, 1980, of Draft Plan 18T-79008
by the Minister of Housing and these sections are not intended
to bind the Owner to the Town or the Town to the owner in any
manner whatsoever and are not to be construed as relating in any
way to any of the other provisions of this Agreement.
NOISE ATTENUATION MEASURES - MINISTRY OF THE ENVIRONMENT
Condition 14 of the Minister of Housing`s conditions of draft
approval requires that a noise report be prepared; provision is
hereby made for the incorporation into this Agreement of any
intended noise attenuation measures and any other features rec-
ommended by the Ministry of the Environment.
ONTARIO HYDRO
(1) Upon their development, the eastern limits of Blocks 36 and
37 or lots therein shall be fenced by the developer to the
satisfaction of Ontario Hydro. Furthermore, drainage from
these blocks or lots shall not be directed onto the Ontario
Hydro right-of-way without proper agreement.
(2) No adverse drainage conditions shall be created on Ontario
Hydro's property to the east of the subject subdivision as
a result of this development.
(3) No encroachment or occupation of the Ontario Hydro lands
during or after development shall occur without written
permission from Ontario Hydro.
(4) The existing 13.8 KV electrical distribution line located
on the portion of Valley Farm Road which is proposed to be
closed shall be relocated to the new road, as shown on the
draft plan.
SEPARATION BETWEEN USES - MINISTRY OF THE ENVIRONMENT
(1) The orientation and site plans for future residential units
adjacent to Street A (Sharidan Mall Parkway) within Blocks
36, 40, 45, 46 and 47 shall be to the satisfaction of the
Ministry of the Environment in order to minimize problems
between nearby residential and industrial uses.
(2) The owner agrees that maximum separation distances shall be
maintained between industrial and residential buildings.
5. DURHAM BOARD OF ED'UCATIO'N
The Owner shall give notice in all offers of purchase and sale
and rental agreements of housing units that the students from
this development may have to be transported to existing schools.
r
I. Mary Clark, representing the owners of Part Lot
10, Concession 1, spoke to the TDwn Centre Development
Plan anu J.D.S. Subdiaisi nn Pion 18T--79008. She
requested the deletion of the building height
limit and requested that the range of uses of
the light industrial designation be expanded.
See Item 412 and #13 of the Planning Committee
import. ---- - - --
12. APPLICATION FOR REZONING AND
DRAFT PLAN OF SL'P,DIVISION BY
J.D.S. INVESTMENTS LTD. IN
PART LOTS 20,21 AND 22, CONCESSION 1,
NORTH U17 HIC1ildA.Y 401_, BETIdEEN
LIVERPOOL ROAD AND H.E.P.C. FIGHT-OF-1,.AY.
FILE NLI iPj ER B 2310 - A 41 /79 AND
FILE: Id'JPd;.1-R B 4100 - 18T-75008
That By-law Amendment application A41/79, submitted
by J.D.S. Investments Ltd., on lands being Pert
of Lots 20,21 and 22, Concession 1, in the Town
of Pickering, to re-zone the subject lands from
'M1' (Storage and Light Manufacturing), 'C3'
(Highway Commercial), 'G' (Greenbelt) and 'A'
(Agricultural) to an appropriate zoning perTi.tting
development as shown on the approved Graft pinn
of subdivision 18T-79008, as revised, be APPPOV°D,
subject to the following conditions:
\?? 1. That Block 40 for multiple dwellings
not be re-zoned until the owner makes
satisfactory arrangements with the T(
\ regarding the specific development o;=
that Block.
2. That Blocks 41 and 42 for commercial
J uses not be re-zoned until the owner
makes satisfactory arrangements with
the Town regarding the specific development
of those Blocks.
3. That Block 44 for future development
not be re-zoned until the
satisfactory arrangements with UK! Tow,
regarding the specific; development oc
that Block.
4. That Blocks 45 to 50, inclusive, for
industrial uses, and Blocks 52 and 5
for commercial uses not be re-zoned until
the future alignment of Hi.ghwiy No. W.,
is cl.arVied to the satisfaction of unc
Town.
S. That Blocks 50 and 52
until the owner males
ments with the Teen r
of the Transportation
Station Bridge Route,
if necessary.
not be re-z..,ed
satisfact „-y ar.an,,e--
egardinq thO cl_ aclL, mart
Terminal an6 V)
and any other moQtcr-_-
COUNCIL MINUTES
- December 17th, 1979
- File - 18T-79008
t
1?. APPLICATInN FOR i:1-,7.0`I1NC A,'0
DRAFT 1'LJ%N 01
J.D.S. I11'JGS'Ii;F.N'IS LTD. IN
PART LOTS 20,21 AND 22, CONCESSION 1,
NORTH CF IiICIVAY 01., CI'.'ildG:iN
{.PGO)L i•:OAD AND H.E.P.C. RICHT-OF-VAY.
jJ FILL NII'MBER B 2`,1J - A 41/79 AND
FILF. NOPIGI-R 3 41G') _ tt_T_79COM -^--?-
/ That Draft Plan of Subdivision 18T--79008, subn.itted
by J.D.S. Investments Limited, on lands being
Part of Lots 20,21 and 22, Concession 1, in the
Town of Pickering, be APPROVED as revised, subject
to the following conditions: *T,
1. Changes in 'red' as shown on the Plan stampad
approved this date.
2. That the owner make satisfactory arrangements
with tho Town of Pickering regarding tihC
required parkland dedication.
3. That the owner enter into a satisfaczor-,
subdivision agreement With the Town of
Pickering.
4. That the owner make satisfactory arrnngcrr_at
with the Town of Pickering and thy. Region
of Durham regarding:
a) the provision of all services; and
b) the allocation of sewage treatment
capacity and water capacity for the
development.
5. That the owner agrees to dedicate to the
Town of Pickering and ocher proper aathoetirs
where applicable:
a) all road allowances with proper cornor
roundi.ngs;
b) 0.3 metre reserves along the north
side of Street 'A' ehown as Blocks
54,55,56 and 57 on the draft approve
plan
c) 0.3 metro re__r-rvo along the Yconern
terminus of the eastern portion of.
Street 'A' shown as Block 58 on the
draft approved plan
6. That the owner make satisfactory arren;emonts
with the appropriatc authorities rognrdi^c;
the provision of underground wiring, stree'.:
lighting, cable television and oLhQr similar
services.
7. Registration of the final p!Lo or subdivision
and commencemcrt of construecion 4rthin
eighteen months of draft approval nwig
granted the subject Draft Plan of 5--division
by the hl nistry of Housing and .:: rol approval.
of an appropriate implementing t.y-low.
8. That the streets within the recommended
draft plan be named to the satisfLctiwn
of the Town.
9. That tl?e owner submit for approd7l i,.,: t.t)e
To1'li:, site pt..ns and stroeosongn e-C`.'.'.t: n":
showing the location and relationship ot_
all buildings prior to the issuance of
any building permit.
0
10. That prior to final registration of this
plan, the owner submit a draft W plan
to be approved by the Town Planning papartmopt.
11. That the owner make satisfactory arrangements
with the Town regarding the demolition
of all structures on the subject lands
prior to the issuance of any building permits.
12. That Block 43 be developed for esplanade
purposes.
M:
Ministry ,S , sP \:.IA, y 51. Wes,,
;t vlll s," f,,,.,,
?t. of Adnwifstratlon Tow,t,,, o.,;.,,-,
Housing Division "" 7"4
Ontario _
MAIR LfVF _D
43.6/965-6418 28x30
March 25, 1980
Mr. R. Tsao
Director of Planning
Town of Pickering
1710 Kingston Road
Pickering, Ontario
L1V 1C7
Dear Mr. Tsao:
TOWN OF PICK-LNG
U
1.'J
SUBJECT: Town of Pickering
Pt. of Valley Farm Road &
Pt. of Lots 20,2102, Con. I
Agent: Fred Schaeffer & Assoc.
Tel: (416)635-5423
File No: 18T-79008
Inc.
The above draft plan of subdivision was approved
today and we attach a copy of the conditions of
approval.
Please tell us when the owner has carried out
those conditions which must be arranged directly
with the municipality or other authority which
you represent. This is necessary before the
final plan of subdivision can be approved for
registration.
It should be noted that we require a brief but
complete statement indicating how each of the
conditions with which you are concerned has been
satisfied.
Yours truly,
J. ichmand
P1 er
Community Planning Review Branch
a
.t
rr
„A.
n..amo-•. IVi 1r, 1>t! Y {JS 561Y[, v St 1'•Y51,
..,q,.-J.
4 bit' s u •
•
T
,, s 0t Admiwt l-dlton oron
n. Ow,,o
4
' WA ?R4
l Housing Divisiosi
Ontario
•416/965-641.8
March 25
Fred Sch
4+65 Wils
Downsvie
M3H 1T9
Dear Sir:
0
•r & Assoc. Inc.
?nue
,tario
SUBJECT: Town of Pickering
Pt, of Valley Farm Road &
Pt. of Lots 20,21&22, Con. I
Owner: J.D.S. Investments Ltd.
Downsview, Ontario
File No: 1BT-79008
The above draft plan has been approved subject
W the amendments and conditions noted on
Page 2. A copy, endorsed to this effect and
signed by the Minister, is enclosed.
When the survey has been completed and the
final plan prepared the following should be
forwarded to this Ministry:
(a) the original linen
(b) three mylar copies
(c) one opaque linen
(d) three white paper prints
Under section 33(12a) of The Planning Act, if
this plan is not given final approval by the
Minister within three years of the date of this
letter, the draft approval shall lapse. However,
the Minister may, on request, extend the period
of the draft approval.
Yours truly, Owner ?
Pickering
Durham
3. Richmond MOE
Planner Ont. Hydro
Con-nunity Al i my 7n?*i r: +? o r w+-
''
March 25, 1980
File No. 18T-79008
The Minister's conditions
approval for registration
file no: 18T-79008 are as
0
and amendments to final plan
of this subdivision
follows:
No.
Conditions
2. That this approval applies to the draft plan, drawing
number 11, project No. P-23678, by Fred Schaeffer
and Associates Limited, dated November 20, 1979, as
revised in red and green to show 35 lots for 70 semi-
detached units, 4 blocks for a maximum of 304 medium
density residential units, 1 block for multiple
family dwelling units, 1 block for future development,
4 blocks for commercial development, 1 block for
esplanade purposes, 6 blocks for restricted light
industrial development and 5 additional blocks.
That sufficient land shall be dedicated as public
highways to widen Valley Farm Road as indicated in
red on the draft plan.
That the road allowances with proper corner roundings
included in this draft plan shall be dedicated as
public highways.
?. That the streets shall be named to the satisfaction
of the Town of Pickering and the Regional Municipality
of Durham.
' That any dead ends and open sides of road allowances
created by. this draft plan and including Blocks 54
through 58 inclusive as indicated on the draft pl<,n
shall be terminated in 0.3 metre reserves to be
conveyed to, and held in trust by the municipality.
V Prior to the issuance of any building permit the owner
shall:
(a) submit for approval by the Town of Pickering
site plans and streetscape elevations showing
the location and relationship of all
buildings;
(Continued)
R ,R,
March 25, 1980
File No. 18T-79008
No. Conditions Continued
(b) make satisfactory arrangements with the Town of
Pickering regarding the demolition of all
existing structures on the subject lands.
'L!l That the owner conveys up to 5% of the land included
in the plan to the municipality for park purposes
under section 33(5) (a) of The Planning Act.
U1 That prior to signing of the final plan by the
Minister, we are to be advised that the proposed
subdivision conforms with the restricted area
by-law in effect for the municipality.
That the owner agrees in writing to satisfy all
the requirements, financial. and otherwise, of the
Town of Pickering concerning the provision
of roads, installation of services and drainage.
10'. That the owner agrees in writing to satisfy all
the requirements, financial and otherwise, of the
Regional Municipality of Durham concerning the
provision of roads, installation of services and
drainage.
11. Prior to final approval. the Ministry of the Environment
is to be advised by the Regional Municipality of
Durham that adequate water supply and sewage treatment
capacities have been allocated to service this
development.
12. That such easements as may be required for utilit,,
or drainage purposes shall be granted to the appropriate
authority.
13. 31 That the development of the plan be phased to the
satisfaction of the Town of Pickering and the Regional
Municipality of Durham.
?. That prior to the signing of the final plan by the
Minister, we are to be advised that a noise report
has been prepared and provision for the intended
noise attenuation measures and any other features
recommended by the Ministry of the Environment has been
incorporated into the subdivision agreement between the
owner and the municipality, to the satisfaction of the
Ministry of the Environment.
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0
March 25, 1980
File No. 1ST-7900
No.
Conditions Continued
15. In the event that a slight noise level will remain,
despite the implementation of the noise control
features called for in condition 14 above, the
following warning clause shall be included in the
subdivision agreement which will be registered against
the title of the property to which it applies:
'Purchasers are advised that despite the inclusion
of noise control features within the development
area and within the individual building units,
noise levels may continue to be of concern
occasionally interfering with some activities of
the dwelling occupants."
16. Prior to final approval we are to be advised that
suitable arrangements, to the satisfaction of
Ontario Hydro, have been made between the Town of
Pickering and Ontario Hydro for the extension of
Street 'A' across the Ontario Hydro right-of-way
which lies to the immediate east of the subject
subdivision.
V The subdivision agreement between the owner and the
Town of Pickering shall contain the following
provisions, with wording acceptable to Ontario Hydro:
(a) Upon their development the eastern limits of
Blocks 45 and 39 or lots therein shall be
fenced by the developer to the satisfaction
of Ontario Hydro. Furthermore, drainage
from these blocks or lots shall not be
directed onto the Ontario Hydro right-of-w4y
without proper agreement.
(b) No adverse drainage conditions shall be
created on Ontario Hydro's property to the
east of the subject subdivision as a
result of this development.
(Continued)
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a;,
March 25, 1980
File No. 18T-79008
No. ConditionsContinued
(c) No encroachment or occupation of the
Ontario Hydro lands during or after
development shall occur without written
permission from Ontario Hydro.
-
(d)C'h%,the existing 13.8 KV electrical
distribution line located on the portion
of Valley Farm Road which is proposed to
be closed shall be relocated to the new
road, as shown on the draft plan.
18. That the lands as indicated in green on the draft
approved plan shall be shown as blocks on the
final plans and dedicated as public highways for
the future development of Highway 401. In
addition a 0.3 metre reserve along the Highway 401
frontage shall be conveyed to the Province of
Ontario, Ministry of Transportation and Communications.
19. Prior to the final approval of this plan we are to be
advised that provisions to the satisfaction of the
Ministry of Transportation and Communications have
been made for the future development of the MTC
surplus property located east of Block 51 as labelled
in green on the draft approved plan.
CO) The owner shall agree in the subdivision agreement
in wording acceptable to the Town of Pickering and
the Ministry of the Environment that the orientation
and site plans for future residential units adj_zccnt
to Street 'A' within Blocks 36, 37, 38, 39 and 40
shall be to the satisfaction of the Ministry of the
Environment and the Town of Pickering in order to
minimize problems between nearby residential and
industrial uses. Furthermore, the subdivision
agreement between the owner and the municipality
shall contain the provision with wording acceptable
to the Ministry of the Environment wherein the
owner agrees that maximum separation distances
shall be maintained between industrial and residential
buildings.
(Continued)
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0
March 25, 1980
File No. 18r_79DOP
No.
0
Conditions Continued
J1? That the subdivision agreement between the owner
and the municipality be registered against the lands
to which it applies once the plan of subdivision
has been registered.
22 That the owner agree in the subdivision agreement,
in wording acceptable to the Durham Board of Education,
to give notice in all offers of purchase and sale and
rental agreements of housing units that the students
from this development may have to be transported to
existing schools.
23. That before the Minister's final approval is given
we are to be advised in writing by the Town of
Pickering how conditions 2, 3, 4, 5, 6, 7, 8, 91 13,
14, 17, 20,_ 21 and 22 have been satisfiedy___
24. That before the Minister's final approval is given
we are to be advised in writing by the Regional
Municipality of Durham how conditions 4, 10, 12 and
13 have been satisfied.
25. That before the Minister's final approval is giver)
we are to be advised in writing by the Ministry o
the Environment how conditions 11, 14, 15 and 20
have been satisfied.
26. That before the Minister's final approval is given
we are to be advised in writing by the Ontario t: :7ro
how conditions 16 and 17 have been satisfied.
27. That before the banister's final approval is given
we are to be advised in writing by the Ministry of
Transportation and Communications how conditions
18 and 19 have been satisfied.
28. That before the Minister's final approval is given
we are to be advised in writing by the Durham Board
of Education how condition 22 has been satisfied.
(Continued)
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X
0
March 25, 1980
File No. 1ST-79008
NOTES:
1. We suggest you make yourself aware of:
(a) section 160a(1) of The Land Titles Act, which
requires all new plans be registered in a land
titles system;
(b) 'section 160(2) allows certain exceptions.
2. Where agencies involved in subdivision agreement
A copy of the subdivision agreement shall be sent
to:
Mr. B. Singh
Technical Support Manager
Ministry of the Environment
150 Ferrand Drive
Don Mills, Ontario
Mr. W. R. Kyle
Special Assignments Co-ordinator
Property Division (M5 B7)
700 University Avenue
Toronto, Ontario
145G 1X6
Mr. J. E. Upton
The Durham Board of Bducation
555 Rossland Road Rest
Oshawa, Ontario
L1J 3H3
fir. A. Zembal
Head, Corridor Control Section
Ministry of Transportation and
Communications
1201 Wilson Avenue
r.
Downsview, Ontario
M3M IJ8
This will expedite clearance of the final plan.
A copy is not required by the ministry of Housing.
(Continued)
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l
.
M :5, 1980
} o. 18T-79008
2'(,- CONTINUED:
3. With regard to the implementation of condition
17(d) above, the owner(s)/developer(s) are advised
to contact:
Mr. H. J. Watton
Operating Superintendent
Ontario Hydro
5700 Yonge Street
Willowdale, Ontario
M2M 3T7
7.
4. La2sing of draft approval
If final approval is not given to this plan within
three years of the draft approval date, and no extensions
have been granted, draft approval shall lapse under
section 33(12a) of The Planning Act. If the owner
wishes to request an extension to draft approval,
a written explanation together with a resolution
from the local municipality must be received by
the Ministry of Housing prior to the lapsing date.
5. Prior to final approval the draft "M" plan should
be submitted to the Town of Pickering Town Planning
Department for review and approval.
6. When the amendment to the zoning by-law required
in condition 8 is being prepared, reference to
this subdivision application and the T file num!>_r
should be included in the explanatory note. Thi:.
will expedite the Regional Municipality of Durha,-.:'s
review of the by-law.
Dedication requested
It is the policy of the Ministry of Transportation
and Communications to compensate owners for
dedication of major widenings and new highway
rights-of-way when funds become available.
No compensation is made for that portion of
any widening which is 8.23 metres or less in
width or for minor visibility triangles.
(Continued)
March 25, 1980
File No. 18T-79003
NOTES 'CONTINUED:
0
8. For the conveyance of the land required in
condition 18 above, please contact:
Land Management Planner
Project Planning Branch
Ministry of Transportation and
Communications
1201 Wilson Avenue
Downsview, Ontario
Telephone (416) 248-3658
9. It is noted that the restricted area by-law
affecting the commercial blocks within this plan
must conform and comply with the official Plan
for the Regional Municipality of Durham Planning
Area as approved by the Minister of Housing.
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