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HomeMy WebLinkAboutPD 36-08 REPORT TO PLANNING & DEVELOPMENT COMMITTEE Report Number: PD 36-08 Date: October 6, 2008 ~3 From: Neil Carroll Director, Planning & Development Subject: S.R.&R. Bay Ridges Ltd. Parkland Conveyance File: S 2/07 Recommendation: 1. That Council confirm the requirement that S.R.&R. Bay Ridges Ltd. pay the sum of $533,250 in lieu of the conveyance of parkland in relation to the redevelopment of the lands in the former Bay Ridges Plaza shown on Attachment #1 to Report PD 36-08. Executive Summary: S.R.&R. Bay Ridges Ltd. ("SR&R") disputes the amount that City staff have calculated to be payable in lieu of the conveyance of parkland. This report sets out the positions of both SR&R and staff, and recommends that Council confirm the $533,250 parkland payment calculated by staff. Financial Implications: If Council adopts the recommendation contained in this report, the City will collect a total of $533,250 as payment in lieu of parkland conveyance for the redevelopment of the property. If Council accepts the offer contained in a letter from SR&R's lawyer (William Friedman) dated June 18, 2008, the City will only collect a total of $150,000. Sustainability Implications: Other than the financial implications set out above, there are no sustainability implications. 1.0 Background: The relevant background information is as follows: 1. On October 3, 2006, Council approved SR&R's zoning by-law amendment application to permit a mixed use development on the lands in the former Bay Ridges Plaza site, shown in Attachment #1 and Attachment #2 (the "Lands"). The issue of parkland was addressed in the recommendations report (PD 45-06) as follows: Report PO 36-08 October 6,2008 Subject: S.R.&R. Bay Ridges Ltd. - Parkland Conveyance Page 2 I. j ,~ , -r The City will be requiring cash-in-lieu of parkland from the applicant in order to satisfy the full provisions of Section 42(1) of the Planning Act Further, the applicant will be required to design and construct certain amenity areas, including a 'parkette' within the development in order to provide outdoor amenity space for residents of the project. For development of this nature, and in accordance with the Planning Act, the City of Pickering Official Plan provides two options for the calculation of required parkland dedication. The first is the conveyance of land or cash-in-lieu of land at an amount of five percent of the proposed land to be developed. The second option, as an alternative for High Density Residential Area or Mixed Use Areas, requires land or cash-in-lieu of land at a rate of up to one hectare for each 300 dwelling units proposed. It is recognized that the second option may have significant financial impact on the viability of the project. The first option, being the five percent calculation, is recommended as this may assist the economics of site development, especially when considering the significant costs associated with sanitary sewer upgrades and installation. If Council had chosen to use the second option, SR&R's payment in lieu of parkland conveyance would have been up to approximately $5,578,000 based on the current zoning for 497 units and the most recent appraisals that show that the market value of the residential portion of the Lands is $10,665,000. Even if SR&R's payment was calculated based on the price SR&R paid to purchase the Lands prior to rezoning ($6,333,000), this second option would have required SR&R to pay up to approximately $3,312,000 in lieu of parkland conveyance based on the current zoning for 497 units. 2. Section 5 of Schedule C to the Development Agreement signed by SR&R and registered against title to the Lands on February 14, 2008 provides as follows: CALCULA nON OF AMOUNT PA Y ABLE IN LIEU OF PARKLAND CONVEYANCE Prior to the issuance of the first permit for the construction of any building on the Lands, the Owner shall.' (1) Obtain a written appraisal, prepared by a professional land appraiser acceptable to the City, of the value of the Lands, as of the day before the issuance of the permit, and (2) Pay the sum equal to 5% of the appraised value, which sum shall be provided in the form of cash or certified cheque, and which sum the City shall accept in full satisfaction of the Owner's obligation to provide parkland. 3. SR&R disputes the amount that staff have calculated to be payable in lieu of parkland conveyance (the "parkland amount") in relation to the redevelopment of the Lands. Pending a resolution of the issue, staff agreed to process up to 110 building permits for the townhouse units on the Lands (areas zoned SA-8, SA-LW and MO-H6 on Attachment #2) on the condition that SR&R paid $200,000 to the City to be applied against whatever amount Council determines should be paid. SR&R also agreed to provide the City with an appraisal showing the current market value of both the commercial and residential components of the Lands. Attachment #3 to this report is a copy of a letter dated February 29, 2008 confirming this agreement. Report PO 36-08 October 6, 2008 Subject: S.R.&R. Bay Ridges Ltd. - Parkland Conveyance Page 3 r'~ ) 4. SR&R has provided two appraisals dated March 17, 2008 and July 24, 2008. The March 17, 2008 appraisal indicates that the market value of the Lands is $12,765,000. The July 24,2008 appraisal indicates that the market value of the commercial portion of the Lands is $2,100,000. Therefore the residential portion of the Lands is $10,665,000. 5. The first building permits were issued on March 13, 2008. 6. By letter dated June 18, 2008 from SR&R's lawyer (William Friedman) to the Director, Corporate Services & Treasurer (see Attachment #4), SR&R has set out its position on the issue of parkland dedication. SR&R has clarified that its offer is to pay the City a total of $150,000 in lieu of parkland; in addition to the costs it will incur to implement improvements in the buffer lands and the ravine stewardship plan. Consequently, SR&R requests that it be reimbursed $50,000 of the $200,000 payment already made to the City. 7. The laws, by-laws and policies relevant to the calculation of the parkland amount are as follows: (a) Section 42 of the Planning Act (extracts in Attachment #5); (b) Section 15.28 of the Pickering Official Plan (Attachment #6); and (c) City Parkland By-law 5373/98 (Attachment #7). 8. The City has recently received applications from SR&R to amend the City's Official Plan and zoning by-laws to facilitate the redevelopment of the former 'Square Boy Plaza' lands. If these applications are approved, SR&R will be required to pay a further parkland amount. 2.0 Discussion: Staff's responses to each of the points raised in Mr. Friedman's letter dated June 18, 2008 as well as two other arguments that SR&R has previously put forward in relation to this issue are set out below. Valley Land and Buffer Land Contributions SR&R Position 1. "Bay Ridges has conveyed to the City 4.94 acres, the Buffer Lands, for park or public recreation purposes. This represents the entire 5% required to be conveyed for Parkland. II 2. "In addition Bay Ridges has been required to convey an area equal to 1.505 acres. This area is known as the valley lands. II Report PO 36-08 October 6,2008 Subject: S.R.&R. Bay Ridges Ltd. - Parkland Conveyance Page 4 / .: ~) Staff Response In accordance with the registered Development Agreement, SR&R conveyed Part 2 (517.88 m\ Part 3 (139.50 m\ Part 4 (48.44 m2) and Part 6 (1,287.41 m2) on Plan 40R-25170 for Buffer Lands. These parts total 0.1993 hectares or 0.492 acres, not 4.94 acres. The valley lands total 1.505 acres. Therefore, SR&R has conveyed just under two acres of land for such purposes. The buffer lands and valley lands are shown separately on Attachment #1. They are shown together as the area zoned OS-HL in Attachment #2. The conveyance of the buffer lands into public ownership is a requirement of the TRCA and is necessary for the protection of the natural heritage system. Buffer lands constitute an integral component of the natural heritage system. They provide space for the protection and ecological function of valley lands. The City does not accept valley lands, environmental buffer areas, or other lands unsuitable for park development as parkland dedication. This policy is outlined in the City's Official Plan (section 15.28(c)) and this approach has been upheld by the Ontario Municipal Board (K.p. Isberg Construction v. Toronto (City) (2007), 56 O.M.B.R. 418). Conveyance of environmental buffer areas to public authorities has become common in development approval processes. For example, the Environmental Servicing Plan for the Duffin Heights Neighbourhood has identified significant buffer areas beyond the physical top-of-bank of the Ganatsekiagon Creek that must be conveyed to an appropriate public authority through the development approvals process. While these buffers are beyond the physical top-of-bank of valley systems, they are considered part of the ecological function of the natural heritage system and are therefore contained outside of the development area. These buffer lands will not be considered as parkland conveyance or as any amount payable in lieu of such conveyance. If they were to be accepted as parkland in fulfillment of Planning Act dedication requirements, the City would not be able to secure sufficient lands for its active neighbourhood parks without purchasing such lands at market value and passing this cost on to the taxpayer. Consequently, qualifying buffer lands as parkland conveyance in fulfillment of Planning Act requirements would have serious implications on the City's parks program. Ravine Stewardship Plan SR&R Position 3. "Bay Ridges has also agreed to provide a three year Ravine Stewardship Plan for the Valley lands at a cost of $50, 000. 00" Report PD 36-08 October 6,2008 Subject: S.R.&R. Bay Ridges Ltd. - Parkland Conveyance Page 5 c__ / Staff Response The Development Agreement requires that SR&R secure $36,000.00 (not $50,000.00), which represents 100% of the anticipated cost of preparing and implementing the Ravine Stewardship Plan. TRCA required that SR&R fund the cost of the Plan as a condition of site plan approval (see letter from TRCA dated July 3, 2007 - Attachment #8). The value of the Ravine Stewardship Plan ($36,000.00) was determined by TRCA. This TRCA requirement has nothing whatsoever to do with the City's requirements for parkland dedication. While the Stewardship Plan is an initiative in support of environmental responsibility and is commendable, the cost of such program initiatives should not be credited against parkland amounts. Site Plan Improvements SR&R Position 4. "Bay Ridges has agreed to make certain improvements to the Buffer Lands conveyed to the City at a cost of $46, 000, 00. " Staff Response SR&R has agreed to make certain improvements to the buffer lands as a condition of site plan approval. Staff cannot determine if the cost estimate of $46,000 is accurate without more detailed information from SR&R. Site improvements are a standard requirement for any major development in the City of Pickering. They can be on private property and/or on public property (i.e. boulevard planting; pedestrian connections to existing sidewalks). As a condition of the City's approval of the site plan for this redevelopment and with the approval of TRCA, SR&R was required to construct a walkway within a section of the Douglas Ravine buffer area. Certain landscaping features have been incorporated into the walkway design. The costs associated with these site improvements are part of the overall site development requirements. The City does not credit the cost of improvements like these against parkland dedication requirements. Previous Parkland Dedications SR&R Position 5. "Bay Ridges is entitled to (sic) pursuant to Section 42(9) of the Planning Act to a credit for any amounts previously conveyed with respect to the Lands for park or other recreational purposes or paid in lieu thereof" ~~'""..",......,,..__,.,..,,,,,~_",-&>__,,^,,",';,,,,,,,~._,,~-...,,,,... 4."l'~&'~~~~_,~ Report PD 36-08 October 6, 2008 Subj~ct: S.R.&R. Bay Ridges Ltd. - Parkland Conveyance " tl Page 6 Staff Response Staff have reviewed all development agreements and subdivision agreements relating to the Lands and most of the lands that make up the communities of Bay Ridges and West Shore. We did not find any evidence of any parkland dedications in relation to the Lands. In fact, staff did not find any parkland dedications relating to any commercial lands in either the Bay Ridges community or the West Shore community. Staff did, however, locate several parkland dedications and cash-in-lieu contributions in relation to residential development in these communities. For example, a combination of parkland and cash-in-lieu was given to the City to facilitate the construction of the East Shore Community Centre as a condition of the development of all three of the residential condominium projects located immediately south of the Bay Ridges Plaza (agreements were dated February 12, 1969 and December 30, 1970). Consistent with the City's current parkland policy, staff are not aware of any situation in which the City has taken parkland or cash-in-lieu for any commercial development (including the Bay Ridges Plaza). Based on the foregoing, it is staff's opinion that no credit is available to SR&R pursuant to subsection 42(9) of the Planning Act. Commercial Component Credit SR&R Position 6. "Bay Ridges is entitled to a credit for the value of the commercial component of the development. This is estimated as follows: a) Total commerciallretail space is 24,721 sq. ft and ass,uming a typical yield from commercial land of 27%, then the total acreage required to develop and build this amount of commerciallretail space would be 89,892 sq. ft or 2.063 acres. b) Land for commercial purposes in Pickering is worth $800,000 to $1,100,000. And by taking the mid-point of say 950,000 the land required to build this amount of commerciallretail would be $1,959,850. c) Therefore (sic) the residual land value of the commerciallretail space that will be built amounts to $1,959,850 and should be deducted from any values before calculating the 5% in lieu. " ..._----""-~~....~,,~~,,"'" . Report PO 36-08 October 6,2008 Subject: S.R.&R. Bay Ridges Ltd. - Parkland Conveyance Page 7 9 Staff Response Staff agree that the base figure used to calculate the parkland amount should be reduced to reflect the fact that a portion of the development is commercial. In fact, City staff made SR&R aware of the need to make this adjustment to the parkland amount at a meeting held on February 27, 2008 and committed in writing to make the adjustment based on an appraisal from a qualified land appraiser (see Attachment #3). This approach ensures that SR&R's parkland amount is calculated in a manner consistent with Section 3 of the City's Parkland By-law (see Attachment #7) which provides that parkland conveyance is not required as a condition of any development or redevelopment of land for commercial or industrial purposes. In the opinion of staff, the City should not rely upon the calculations in Mr. Freidman's letter dated June 18, 2008. Instead, the proper figure to use is the appraiser's estimate of the value of the commercial portion of the Lands ($2,100,000). Accordingly, the figure used to calculate the parkland amount is $10,665,000 which represents the difference between the appraised value of the Lands ($12,765,000) less the appraised value of the commercial portion of the Lands ($2,100,000). Purchase Price v. Market Value SR&R Position In discussions with staff, SR&R representatives have repeatedly argued that the parkland amount should be calculated based on the price it paid to purchase the Lands. They feel that City staff previously advised them of this. SR&R purchased the Lands on July 29, 2005 for $6,333,000. If the initial purchase price was accepted as representing land value, SR&R would be required to pay 5% of $6,333,000 or $316,650 as its parkland dedication. Staff Response In the opinion of staff, for the purpose of calculating the parkland amount, the value of the Lands should be determined as of the day before the first permit was issued (March 13, 2008) and not as of the date that SR&R purchased the Lands. This is what is explicitly provided for in subsection 42(6.4) of the Planning Act and section 5 of Schedule C of the Development Agreement between SR&R and the City. In fact, it is only as a result of the rezoninq of the Lands (which happened after the Lands were purchased) that the City acquired the leqal authority to collect a parkland amount (see subsection 42(7) of the Planninq Act). Report PO 36-08 October 6,2008 Subject: S.R.&R. Bay Ridges Ltd. - Parkland Conveyance . ('\ "'1 I' Page 8 Staff have previously used a developer's purchase price as the basis to calculate a parkland amount, but only where (a) the payment was made within 1 year of the date that the property being developed or redeveloped was purchased and there was no reason to believe that the property value had materially increased; and (b) there had not been any intervening change in land use or increase in the density for the site. This is done to save the developer an unnecessary expense. The City does not use a developer's purchase price to calculate a parkland amount where there has been an intervening change in land use or increase in density. Tot Lot SR&R Position In discussions with staff, SR&R representatives have argued that the parkland amount should be reduced because they are providing a tot lot on the Lands. Staff Response A tot lot is being constructed on the Lands. It is an important component of the condominium project. With developments that produce the density that is planned at this site, there is always a need for outdoor amenity space, and specifically an area for children's play facilities. This is a common City requirement for any residential development of this nature and it represents an important site design component. The tot lot is located on private property for the use of the residents of the condominium project. The City does not credit the cost of a site improvement like this against parkland dedication requirements. 3.0 Conclusion: As discussed above, SR&R already received the benefit of a significantly lower parkland amount when Council elected not to require land or cash-in-lieu of land at a rate of up to 1 hectare for each 300 dwelling units in the development. SR&R will also receive the benefit of a deduction in the amount payable to reflect the fact that a portion of the redevelopment is commercial. In the opinion of staff, there are no other reduction options or credits available under the Planning Act, the City's Official Plan or the Parkland By-law. Accordingly, it is staff's position that the proper parkland amount in relation to the redevelopment of the Lands is 5% of the appraised market value of the residential portion of the Lands as of the day before the first permit was issued. The amount payable should therefore be 5% of $10,665,000 or $533,250. Report PO 36-08 October 6, 2008 Subject: S.R.&R. Bay Ridges Ltd. - Parkland Conveyance Page 9 ) "I Attachments: 1. Location Map 2. Schedule II to By-law 6705/06 as amended by By-law 6786/07 3. Letter dated February 29, 2008 from City Solicitor to William Friedman 4. Letter dated June 18, 2008 from William Friedman to the Director, Corporate Services & Treasurer 5. Extracts from Section 42 of the Planning Act 6. Section 15.28 of the Pickering Official Plan 7. City Parkland By-law 5373/98 8. Letter dated July 3, 2007 from TRCA to Tyler Barnett Report PD 36-08 October 6,2008 Subject: S.R.&R. Bay Ridges Ltd. - Parkland Conveyance ') .' of:- Page 10 Prepared By: Approved/Endorsed By: R~~CI;;? Principal Planner - Development Review c..-- T mas J. Qui Chief Administ tive Officer Approved/Endorsed By: Neil Carr Director, Panning & Development Approved/Endorsed By: c--' _--~Jz'''-~.' -Gillis Paterson Director, Corporate Services & Treasurer Evere unts Director, Operations & Emergency Services Approved/Endorsed By: ~L(~ Andrew C. Allison City Solicitor RP:jf Copy: Chief Administrative Officer Recommended for the consideration of Pickering CitY.: Cou cil ,/ !! J Fl ",~"",'o,C""""''-_''''~~.<i<e:~..';_,., -~ ~,Jf PJf . ~- _1"\0 '~"-""""'_'i:'<."~,_="",~>""_,_,,,, 40\ 'r\IG'r\\fII/>':'{ w > (Y o (f) Z I- (Y <C 2 I- (f) RADOM STREET City of Pickering Planning & Development Department D ~ ~ DEVELOPMENT SITE-7.823 acres (3.166 ha) VALLEY LAND BUFFER-0.492 acres (0.1993 ha) DATE: AUG. 26, 2008 l' VALLEY LAND-1.505 acres (0.6091 ha) Dote Sources: e Teronet Ent<ftrprises Inc. Qnd its suppliers. All rights Re!Served. Not a plan of survey. C 2005 MPAC and its suppliers. All rights RS!Jerved. Not 0 plan of Survey. ~ ': ~ , J#_~~TO ~' PD ... ~ - Qe.__....__ ) 4 40\ \-\\G\-\\f'J f'.,'{ c.~.~. -, \ \ \ \ \ \ \ \ \ \ \ \ RH-MU-2 \ \ \ \ \ \ \ \ \ j------- w > 25 3: ...J I <( WAYFARER en LANE MD-H6 / / / ~lbS-HL 01 I I I ! SA-8 UJ z f= BUILD- TO-ZONE I / cr: fZZJ <( / 2 ENVELdPE BUILDING ( l r-: I UJ --- I "'-- '\ ~ RADOM STREET I '\ - SCHEDULE ]I TO BY-LAW 6705/06 AMENDED BY BY-LAW 6786/07 PASSED THIS 23,d DAYOF JULY 2007 l' IV ORIGINAL SIGNED BY MAYOR - DAVID RYAN ORIGINAL SIGNED BY CITY CLERK - DEBI A. BENTLEY . -~ , ,.; C't Pickering Civic Complex One The Esplanade Pickering, Ontario Canada L1 V 6K7 Direct Access 905.420.4660 Toll Free 1.866.683.2760 cityofpickering.com eif,! 0# ADMINISTRATION DEPARTMENT Legal Services Division 905.420.4626 Facsimile 905.420.3534 legal@city.pickering.on.ca r-' ) ,J February 29, 2008 William Friedman Barrister & Solicitor 3550 Victoria Park Avenue Suite 110 Toronto, ON M2H 2N5 Subject: SR&R Bay Ridges Ltd. - File: L-3210-001-06 I can confirm that the City is prepared to issue up to 110 building permits for single attached units on lands zoned SA-LW, MD-H6 and SA-8 within the property legally described as Parts 1, 5 and 7 on Plan 40R-25170 (the "Property") provided, (a) all requirements relating to the issuance of building permits of the City's Chief Building Official are met; and (b) SR&R Bay Ridges Ltd. ("SR&R) pays $200,000.00 to the City to be applied towards the amount owed by SR&R in lieu of parkland dedication. I can also confirm that City staff, if requested by SR&R, will prepare a report for consideration by Council at its meeting on March 25, 2008 seeking direction on the total amount payable in lieu of parkland dedication provided, (a) SR&R has conveyed the valley lands legally described as Parts 12, 13, 14 (save and except Part 3 on Plan 40R-25170), 15 and 16 on Plan 40R- 24800 to the City free and clear of all encumbrances save and except the encumbrances set out in Schedule A attached; (b) SR&R has provided a certified appraisal showing the current market value of both the commercial and residential components of the Property; and (c) SR&R agrees to remit whatever amount Council determines to be the appropriate amount payable in lieu of parkland dedication (less the )6 SR&R Bay Ridges Ltd. February 29, 2008 -. ;; .? (:,- c:-: , - t.' Page 2 $200,000.00 already paid) forthwith after Council's decision subject however to any rights of appeal to the OMB. Finally, I can confirm thatlhe commercial component of the market value of the Property will be deducted from lhe overall market value for the purpose of calculating the amount owed in lieu of parkland dedication. If these conditions are acceptable to your clien!. please sign and forward to my office the enclosed copy of this lelter. Yours truly 44(.* Andrew C. Allison Cily Solicitor ACA:ks Altachment Copy: Chief Administrative Officer Director, Operations & Emergency Services Director, Planning & Development Manager, Development Review Supervisor, Property & Development Services Senior Planner - Site Planning SR&R Bay Ridges Ltd, agrees to the conditions set oul in this letter. !"I 7>>d8 Dated: I.{ b~ 2f!, /"l A TT ACHMENl # :'" TO '-PORT (J PD.~' ,," :-' . 7 Schedule "A" ]. The reservations, limitations, provisions and conditions expressed in the original grant from the Crown and all unregistered rights, interests and privileges in favour of the Crown under or pursuant to any applicable statute or regulation. 2 Liens for taxes, local improvements, assessments or governmental charges or levies not at the time due or delinquent. 3 Zoning restrictions, restrictions on the use of the Lands. 4. Any unregistered right-of-way, watercourse, rights-of.water or other easements not disclosed by the registered title :lJ1d the survey, if any, provided to us and any defects in or omissions disclosed by the survey. 5. Any subdivision, servicing, development, engineering, site plan, performance agreement or other similar agreement with a municipal or other public authority. 6. All applicable governmental orders, laws, by-laws and regulations. 7. The reservations, limitations, conditions and exceptions to title set out in the Land Titles Act (Ontario), 8 Part Lot Control By-Law registered March 7, 1961 as Instrument No. LTC 2527; , r 'c., ..... q "(0 \'iljiLJII,"',-,\lI;t.,__,_,,>~- . .... .. .; I. (.~ ~. . ""R. f :': ,) . ~~ ,., .....~. f '.," ., .. '_'_. (~ C WILLIAM FRIEDMAN B.eL., L.L.B Barrister & Solicitor 150 Ferrand Drive, Suite 802 Toronto, Ontario, Canada, M3C 3E5 Tel: 416-496-3340 Fax: 416-497-3809 E-mail: ~IQl:Qia By Email 2paterson(iiJcitv.pickerine.on.ca By Courier June 18,2008 Gillis A. Paterson Director, Corporate Services & Treasurer The Corporation of the City of Pickering One The Esplanade Pickering, Ontario, Canada LlV 6K7 Dear Sir: Re: Parkland Dedication - SR & R Bay Ridges-Mixed Use Development 1215-1235 Bayly Stree4 Pickering, Ontario Pursuant to Section 42(1) of the Planning Act (the "Act"), the council of the City of Pickering as a condition of development or redevelopment of land may require that land in an amount not exceeding 2%, in case of a commercial or industrial development or redevelopment and in all other cases 5% of land be conveyed to the municipality for park or other recreational purposes. Section 42(6) of the Act permits the City to require payment of money to the value of the land otherwise required to be conveyed in lieu of a conveyance. DETERMINATION OF V AWE Pursuant to the Planning Act the value of the land shall be determined as of the day before the day the building permit is issued in respect of the development or redevelopment or if more than one permit is required on the day before the day the first permit is issued. Section 42(9) of the Act then provides that in the case where land has been previously conveyed for park or recreational purposes or a payment of money has previously been made in lieu a conveyance and the land was originally proposed for commercial or " IffTACHlvd::i'JH'_ l TO nEPOR11 PD_ ~ ~, ,,:~ (, h .. 2 industrial purpose and has now been proposed for another purpose then the land previously conveyed or money previously paid shall be included in detennining the amount of land or money required to be conveyed or paid in connection with the new development or redevelopment. Accordingly this section requires the City to credit the amount of previous payment or conveyance against what is now to be paid or conveyed. 9 If there is a dispute as to value of the land or as to the credit for previous payment then the matter can be brought before the OMB. POSITION OF SR& R BAY RIDGES LTD. Bay Ridges takes the position that: I. Bay Ridges has conveyed to the City 4.94 acres, the Buffer Lands, for park or public recreational purposes. This represents almost the entire 5% required to be conveyed for Parkland. 2. In addition Bay Ridges has been required to convey an area equal to 1.505 acres. This area known as the valley lands. 3. Bay Ridges has also agreed to provide a three (3) year Ravine Stewardship Plan for the Valley lands at a cost of $50,000.00 4. Bay Ridges has agreed to make certain improvements to the Buffer Lands conveyed to the City at a cost of $46,000. 5. Bay Ridges is entitled to pursuant to Section 42(9) of the Planning Act to a credit for any amounts previously conveyed with respect to the Lands for park or other recreational purposes or paid in lieu thereof 6. Bay Ridges is entitled to a credit for the value of the commercial component of the development. This is estimated as follows: a) Total commerciaVretail space is 24,271 and assuming a typical yield from commercial land of 27%, then the total acreage required to develop and build this amount of commerciaVretail space would be 89,892 sq. ft. or 2.063 acres. b) Land for commercial purposes in Pickering is worth $800,000 to $1,100,000. and by taking the mid-point of say $950,000 the land required to build this amount of commerciaVretail would be $1,959,850 c) Therefor the residual land value of the commercial/retail space that will be built amounts to $1,959,850 and should be deducted from any values before calculating the 5% in lieu. The value of the lands as at the issue of the first building pennit was detennined by appraisal to be $12,800,000. Five (5%) percent thereof is $640,000.00. Based on the foregoing it would appear that no further sum is owed or needs to be conveyed to the ~ i i i:.(...n ," 1 ~-:--.,. ~Q ~.,c y, uO City. Moreover an argument can be made that Bay Ridges has conveyed and/or paid an amount in excess of what it is required to conveyor pay under the Planning Act. Rather than enter into a prolonged dispute resolution process, Bay Ridges is prepared to resolve the issue relating to the parkland conveyance by pa~ng an additional amount of $ I 50,000.00. It is more than a reasonable amount given the various credits noted above to which Bay Ridges believes it would otherwise be entitled. cc. Mayor Dave Ryan Councillors Bonnie Littley, Bill McLean, Rick Jolmson, Jennifer O'Connell, Doug Dickerson, David Pickles r.Tj-....~' . ."-_" !lTT ACf-i.\'lEiH # -;'r'\rrr _!~ ,- "), S rTQ ''1 / \. <7 ~...L'D1:. I~ 1 .1 Conveyance of land for park purposes 42. (1) As a condition of development or redevelopment of land, the council of a local municipality may, by by-law applicable to the whole municipality or to any defined area or areas thereof, require that land in an amount not exceeding, in the case of land proposed for development or redevelopment for commercial or industrial purposes, 2 per cent and in all other cases 5 per cent of the land be conveyed to the municipality for park or other public recreational purposes. Alternative requirement rn Subject to subsection (4), as an alternative to requiring the conveyance provided for in subsection (1), in the case of land proposed for development or redevelopment for residential purposes, the by-law may require that land be conveyed to the municipality for park or other public recreational purposes at a rate of one hectare for each 300 dwelling units proposed or at such lesser rate as may be specified in the by-law. Official plan requirement ill The alternative requirement authorized by subsection (3) may not be provided for in a by-law passed under this section unless there is an official plan in effect in the local municipality that contains specific policies dealing with the provision of lands for park or other public recreational purposes and the use of the alternative requirement. Payment instead of conveyance lID The council of a local municipality may require the payment of money to the value of the land otherwise required to be conveyed under this section in lieu of the conveyance. No building without payment @JJ If a payment is required under subsection (6), no person shall construct a building on the land proposed for development or redevelopment unless the payment has been made or arrangements for the payment that are satisfactory to the council have been made. Determination of value (6.4) For the purposes of subsections (6) and (6.2), the value of the land shall be determined as of the day before the day the building permit is issued in respect of the development or redevelopment or, if more than one building permit is required for the development or redevelopment, as of the day before the day the first permit is issued. Where land conveyed ill If land has been conveyed or is required to be conveyed to a municipality for park or other public purposes or a payment of money in lieu of such conveyance has been received by the municipality or is owing to it under this section or a condition imposed under section 51.1 or 53, no additional conveyance or payment in respect of the land subject to the earlier conveyance or payment may be required by a municipality in respect of subsequent development or redevelopment unless, AnACHMENT , 5 TO '1 F r,.' REPORT , PO '> C, . L ,"; 2a) there is a change in the proposed development or redevelopment which .. would increase the density of development; or (b) land originally proposed for development or redevelopment for commercial or industrial purposes is now proposed for development or redevelopment for other purposes. Changes fill If there is a change under clause (7) (a) or (b), the land that has been conveyed or is required to be conveyed or the payment of money that has been received or that is owing, as the case may be, shall be included in determining the amount of land or payment of money in lieu of it that may subsequently be required under this section on the development, further development or redevelopment of the lands or part of them in respect of which the original conveyance or payment was made. . Disputes .l1.QJ. In the event of a dispute between a municipality and an owner of land on the value of land determined under subsection (6.4), either party may apply to the Municipal Board to have the value determined and the Board shall, in accordance as nearly as may be with the Expropriations Act, determine the value of the land and, if a payment has been made under protest under subsection (12), the Board may order that a refund be made to the owner. Same ll.1} In the event of a dispute between a municipality and an owner of land as to the amount of land or payment of money that may be required under subsection (9), either party may apply to the Municipal Board and the Board shall make a final determination of the matter. Payment under protest 012 If there is a dispute between a municipality and the owner of land under subsection (10), the owner may pay the amount required by the municipality under protest and shall make an application to the Municipal Board under subsection (10) within 30 days of the payment of the amount. Notice f.1J2 If an owner of land makes a payment under protest and an application to the Mu'nicipal Board under subsection (12), the owner shall give notice of the application to the municipality within 15 days after the application is made. ATTACHMENT I REPORT I PO l' _ JD '-' ". ~) '1' '? (< Enabling Policies This section of the Plan provides policies that outline how the City will obtain its park land through development applications, and how road widenings will be secured. (a) shall as a condition of residential development, and may as a condition of other development, except for the uses described in (b), (i) require the conveyance of land to the municipality for park or other public recreational purposes in an amount not exceeding 5% of the proposed land to be developed; (ii) may, as an alternative to requiring conveyance of land as provided for in (i) above, in 'the High Density Residential Areas and Mixed Use Areas, require land to be conveyed for park or other public recreational purposes at a rate of up to one hectare for each 300 dwelling units proposed, whichever is greater; and (iii) may, in lieu of a portion or all of the land conveyance stipulated by (i) or (ii) above, require the payment of money to the value of the land that would otherwise be required to be conveyed for park purposes; (b) may, as a condition of commercial or industrial development, (i) require the conveyance of land to the municipality for park or other public recreational purposes in an amount not exceeding 2% of the proposed land to be developed; and (ii) may, in lieu of a portion or all of the land conveyance stipulated by (i) above, require the payment of money to the value of the land that would otherwise be required to be conveyed for park purposes; and CITY POLICY Parkland: Conveyance of Land for Park or Other Public Recreational Purpose.! 15.28 City Council, 'If\f\ 4 lITTM'll'\ '" >,> '1" / N fO\tJi.~,/j;.~!;J {},~-._~~~.,""""..,..TO 'I>> > >1 '-,> l - () t, CITY POLICY Parkland: Conveyance of Land]or Park or Other Public Recreational Purpom (cont'd) (c) shall not accept as parkland conveyance lands required for drainage; val1ey and stream corridor or shoreline protection purposes; lands susceptible to flooding; steep val1ey slopes; hazard lands; lands required to be _ conveyed to a public agency other than the City of Pickering; and other lands unsuitable for park development. CITY POLICY Road Widening! 15.29 City Council shal1 secure, at no charge to the municipality, the right-of-way widths in accordance with section 4.10 for roads shown on Schedule II, through the subdivision, land severance and/or site plan control process, and/or through development agreements, and/or by dedication or conveyance, subject to, (a) exact right-of-way widths being determined at the time of development, considering the proposed land use, intensity of development, road function, cultural and heritage features of the area, and development guidelines prepared for Detailed Review Areas; and (b) road widenings being taken equally from both sides of the road measured from the centreline, except in areas where special circumstances exist (such as areas containing unusual soil, topographic or other environmental features; 'areas where existing buildings or structures warrant protection; and where jog-eliminations are proposed at intersections), which circumstances require that more of the required road widening is taken from one side than the other. PICKERING OFFICIAL PLAN EDITION 4: Chapter Fifteen -- Development Review 301 Ii TT ACHMENT I REPORT # PO 7 TO ~~-OS r- ') j THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 5373/98 Being a by-law to require the conveyance of land for park or other public recreational purposes as a condition of development or redevelopment, or the subdivision oflands. WHEREAS sections 42, 51.1, 51(25) and 53 of the Planning Act, R.S.O. 1990, chapter P.l3 provide that the Council of a local municipality may by by-law require that land be conveyed to the municipality for park or other public recreational purposes as a condition of development or redevelopment or the subdivision of lands; WHEREAS sections 42 and 51.1 of the Planning Act, R.S.O. 1990, chapter P.l3, provide for an alternate parkland rate of one hectare for each 300 dwelling units proposed for development provided the municipality has an official plan that contains specific policies dealing with the provision of lands for park or other public recreational purposes at such a rate; WHEREAS the Official Plan of the Town of Pickering contains specific policies dealing with the provision of lands for park or other public recreation purposes at the conveyance rates referred to in the Planning Act; WHEREAS the Council of The Corporation of the Town of Pickering wishes to use these provisions to further the acquisition of lands for parks or other public recreational purposes. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. F or the purposes of interpretation of this by-law, the following definitions shall apply: (a) "Development" means the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof; and (b) "Redevelopment" has the same meaning as Development. (c) "Subdivision" means the process referred to in section 50 of the Planning Act, R.S.O. 1990, chapter P.B. 2. This By-law shall apply to the whole of the Town ofPickering. 3. As a condition of development or redevelopment of lands for any purpose other than commercial or industrial purposes, Council shall require that land be conveyed to the Town, free and clear of all liens and encumbrances, for park or other public recreational purposes in the amount offive percent (5%) of the land proposed for such development. 4. As a condition of subdivision of lands for any purpose other than commercial or industrial purposes, Council shall require that land be conveyed to the Town, free and clear of all liens and encumbrances, for park or other public recreational purposes in the amount of five percent (5%) of the land proposed for such development. 5. As an alternative to sections 3 and 4 above, as a condition of development or redevelopment or in the case of subdivision of land as a condition of approval of 6 '1"1 M'(~' 'P''1 Jil 7 "I' g.t . . .K\,.I! i)-J.1,T,]:, tf., _ . _ . .'__ g 0 Pff<j;:rr it PD~~,~.. ge sudivision of lands for development in the High Density Residential Areas and Mixed Use Areas in accordance with the Town of Pickering Official Plan, Council may require that land be conveyed to the Town for park or other public recreational purposes at a rate of one hectare for each 300 dwelling units proposed. However, in no case shall the parkland dedication be less than that required in sections 3 and 4 above. 6. As an alternative to sections 3, 4 and 5 above, Council may require the payment of money equal to the value of any land otherwise to be conveyed under this by-law, or such combination of land and money as Council may require. 7. This By-law shall at all times be subject to the provisions of sections 42, 51.1, 51 (25) and 53 of the Planning Act, R.S.O. 1990, chapter P.l3, as amended from time to time, or any successor thereto. 8. By-Law No. 4152/93 of The Corporation of the Town of Pickering being a by-law "To require that land be conveyed to the Town for park or other public recreations purposes as a condition of development or redevelopment anywhere in the Town", is hereby repealed. BY-LAW read a first, second and third time and finally passed this; 8th day of Septe1Per, 1998. wayn'7'Ma~ Bruce Taylor, Clerk TOWNCF Plc;.<~=rn:~G r:~.CJ;,lJll'Wil ,r;:lWv LE(-:.~'",. DE,:~T. I, '" )Conservifuon for The Living City July3,2007 RECEIVED 7 CFN 38686.01 XREF CFN 39234 VIA E.MAIL AND MAIL JUl 1 0 2007 CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT Tyler Barnett Planning and Development Department City of Pickering Pickering Civic Complex One The Esplanade Pickering, ON ,L 1V 6K7 Re: Site Plan Application No. 502/07 . 1215 -1235 Bayly Street (San Francisco by the Bay, Bay Ridges Piaza) City of Pickering S. R. & R. Bay Ridges Limited Dear Mr. Barnett: Thank you for the opportunity to review the second Site Plan application submission. We have reviewed the fol/owing documents: . Drawing Nos. SP-01 to SP-04, prepared by Kirkor Architects, dated Apri/4, 2007, Revision No.3, revised April 9, 2007, receivedon May 8,2007; . SWM Report, prepared by Sernas, dated May 8, 2001, received May 14, 2007; . Drawing No. GEO-1, Pine Creek Bank Stabilization and outfall Channel Design, prepared by Sernas, dated May 2001; . Drawing No. SD-1, Site Drainage Area Plan, prepared by Sernas, dated October 2006; . Drawing No. SG-1, Site Grading Plan. prepared by Sernas, dated October 2006; . Drawing No. SS-1, Site Servicing Plan, prepared by Sernas, dated October 2006; . Drawing No. ERS-1, Erosion/Sediment Control Plan, prepared by Sernas, dated October 2006; and . . . Drawing Nos. L-1 to L-l, prepared by James McWilliam Land~cape Architect, dated March 2001, Revision 3, revised April 5, 2007, receiv~d on May 8,2007. We offei the fo!lo't:ing comments. . Slope Stability 1. Theproposed outfall and limits of development are satisfactory with respect to slope stability. Stormwater Ma.nagemimt 2. Please provide confirmation whether the proposed future development was taken into account for total imperviousness calculation qnd Visual Otthymo calculation for total contribution from Catchment 116. Please provide a summary of the total area and percent imperviousness of the existing, proposed and future development. Please. provide an electronic copy of the . modified V02 model. Review of all details r~garding minor system flow, flow capacity and conveyance of on site flows through minor systems, and major overland flow conveyance is' deferred to City staff. . Confirmation should be provided via a copy of City comments that City staff has no concerns in this regard. F:\HOME\PUBLlCIDEVELOPMENT SERVICES\DURHAM REGIONIPICKERING\1215 - 1235 BA YL Y _ 4.DOC Member of Conservation Ontario ."..c:..... /~C.\ q l., ..;-. " \..,.(. . Tyler Barnett .2. July 3. 2007 3. Figure SD-1 shows that major overland flow is directed towards the valley wall on the east side of the property. Please be advised that TRCA policy does not support discharge of unattenuated concentrated major flow into the valley as shown in Drawing No. SG-1. Acceptable alternatives to the current proposal would include grading of the southeast corner of the site to provide temporary attenuation offlow and dispersal of flow into the valley wall through a level spreader or curb acting as a weir, or conveyance of major system flows via a pipe to an outfall located at the bottom of the valley wall. 4. Please describe the implications of site construction phasing on the function of the temporary pond and stormwater flow patterns on site, and confirm that the function of the pond will be maintained through all phases. . . 5. Please provide appropriate proposed contours of the pond and volume calculation on Drawing No. ERS-1. 6. The outlet of the pond is very close to the inlet of proposed temporary swale for proposed ponds on the east and west side, as shown on Drawing No. ERS-1. This will reduce retention time and then3fore affect the performance of the pond to effectively settle sediment. Please change the location of the inl~t of the temporary swale or orient the temporary pond so that there is sufficient travel time provided to the outlet of the pond. 7. Please note that the TRCA Erosion and Sediment Control Guideline require a minimum 48 hour drawdown time with minimum 75 mm orifice. Please provide calculation of the drawdown time. Further, an emergency spillway must be provided to safely pass the 100 year storm event and supporting calculations must be provided. Please provide a note on the plan stating sediment basin must be constructed prior to any construction activities except for topsoil stripping and grading operations associated with the construction of the ESC pond. All details and calculations regarding to the pond should confirm.to the TRCA Erosion and Sediment Control Guideline for Urban Construction, December 2006. The Guideline can be downloaded from www.sustainabletechnolooies.ca. 8. Please provide appropriate drawings to demonstrate erosion and sediment control measures that will be provided during construction of the temporary pond, site stripping and grading. outlet structures, stormwater pipes, sanitary sewer and manhole. Appropriate notes on construction staging, phasing, maintenance and good site practice should be provided. Additionally, erosion control and site stabilization will be required during and after construction of the 250 mm sanitary sewer in the valley. . 9. Please provide some spot elevations for the swafe on Drawing No. ESC-1, and provide. rational for temporary interceptor swale sizing calculation. It is preferred the swale conveys the "first flush" with majority of the sediment laden water directed to the temporary sediment control pond. A preliminary hydrologic calculation (rational method or V02) for an estimate of flows from a 15-25 mm storm event to confirm the flow that can.be conveyed through the temporary. interceptor channel. 10. Please provide the location of topsoil stockpile on Drawing No. ERS-1 or a separate drawing and provide heavy duty sediment fence at the perimeter of topsoil stockpile. Please provide details of the seeding or other stabilization measure for the topsoil stock pile. 11. The proposed outfall should join the watercourse at a flat angle and avoid the outside bend if possible. Pleas~ look into opportunities to orient the outfall, if possible, so that the outfall is F:IHOMEIPUBLlCIOEVELOPMENT SERVICESIOURHAM REGIONIPICKERING\1215 - 1235 BA YL Y _ 4.00C /, Tyler Barnett .-""" ~' :::.(.0 . 3 . Julv 3. 2007 9 south of the proposed location and intercepts the watercourse at a flatter angle. Please provide velocity calculations of all proposed erosion control treatment types. Please provide a note on Drawing No. GEO-1 to avoid disturbance to the low flow channel of the watercourse. Further, please indicate sediment control fence around the perimeter of the proposed cascade pool and modify "construction phasing" on Drawing No. GEO-1. . 12. Page 2 of the Stormwater Management Report states the infiltration trench will be able to handle all runoff to the 25 year design storm event and refers to an attached spreadsheet. Please forward this spreadsheet to TRCA staff Shahzad Khan bye-mail atskhan@trca.on.ca. The approximate 25 year storm runoff frOm a 600 sq. m roof is 22 cU.m where as the volume of the infiltration tre~ch is 14 cu m. It would appear that for a 25 year runoff capture the size of the infiltration trench should be larger; please explain this discrepancy. Further, please confirm whether roof flow control device will be provided for the building in front of Street G. 13. Further to the previous comment, it would appear that the infiltration facility could capture a greater total volume of rainfall if it received drainage from other parts of the site. For example, if the trench volume provided could capture runoff from up to the 25 mm storm over the entire site instead of the 25 year storm -runoff from a small portion, a much greater proportion of the total annual runoff from the site could be managed in this facility. 14. Please provide appropriate drawings and details to describe the configuration of the infiltration facility, including a typical cross-section. - . 15. It is not typical for an infiltration basin design to allow excess flows to surcharge to the ground through a catch basin and discharge overland. Typically, the overflow system is directly connected to the storm sewer if feasible; we recommend investigation of this alternative as most proponents have found this to be an improved design. Further the catch basin connected to the infiltration basin will allow runoff from the paved area to enter the basin which, if not the intent of the design, will decrease the lifespan and the performance of the facility due to poor water quality. 16. The City of Pickering has identified, in its ongoing Frenchman's Bay Stormwater Management Master Plan, that Pine Creek and Frenchman's Bay are highly degraded and will require dramatic water quality improvements to restore their ecological function. While the proponent should be recognized for providing an innovative infiltration facility as a component of their stormwater management strategy, this treats only a small portion of the site and additional measures should be provided to maximize erosion control and water quality treatment. While we note that oil/grit separators have been provided, it is our opinion that these typically do not achieve Level 1 water quality control in real-world conditions, which is supported by recent research and the evolving position of other municipalities such as the City of Toronto Qn OGS use. Please revise the stormwatermanagement strategy to include other measures in addition to OGS that will provide an additional degree of erosion control and waterquality treatment. Potential measures include parking lot bioswales and enh.anced drainage swales plus enhanced capture from the proposed infiltration facility, although there are many other measures that could be applied. Landscape Plans 17. A Ravine Stewardship Plan should be prepared for the valley slopes. The plan .should be prepared by a qualified Ecologist or Forestry specialist and include a plan and costing for staged removal of invasive species and replacement with native species over an appropriate time period. We recommend that the City hold a Letter of Credit for this work. . F:\HOME\PUBLlCIDEVELOPMENT SERVICES\DURHAM REGION\PICKERING\ 1215 - 1235 SA YL Y _ 4.DOC /7 --:.':":-t:::_ "\ i.., 1,...; . TIlL) Barnett - 4- July 3. 2007 18. Please replace sod in the majority of the 10 metre buffer with a native seed mix. A small strip of sod along the edge of the visitor parking area may be appropriate. We may have some minor adjustments to the species list and will respond shortly. We apologize for the delay. Conveyance of Valley Lands 19. The valley lands including the buffer should be conveyed to public ownership. This requirement may be included in the Site Plan Agreement. Sewer Connection 20. We are currently reviewing preliminary design for the proposed sanitary sewer crossing of the Pine Creek south of Radom Street, west of Douglas Avenue in Douglas Park. We understand this sewer connection is required to service the San Francisco by the Bay development. The existing sewer crossing, to be replaced, is located within an earthen embankment as it crosses the creek. The embankment itself is located on top of five corrugated steel pipe culverts. The culverts convey the Pine Creek and are perched at the downstream end. A pedestrian trail is located on the top of the embankment which connects Douglas Park to the townhouse complex at Radom Street. As currently proposed in the preliminary drawings, the new sewer line is to be constructed within the embankment, leaving the five culverts in place. Based upon our observations during a site visit on March 16, 2007, we note that the present preliminary proposal for the crossing (with the five culverts and embankment) has several significant ecological drawbacks: a. Hydraulics. Based upon our review of the profile of the Regional Storm Floodplain at this location, it is evident that there is a significant backwater behind the crossing due to the high embankment of this crossing as well as the Radom Street crossing. A more open crossing at this location could help to reduce the larger problem of the Pine Creek Floodplain upstream north of Highway 401. b. Fish Passage. The perched culverts are a barrier to fish passage and prevent any movement of fish upstream of this location. c. Erosion. The location of the culverts is causing significant undercutting of the embankment and erosion of the downstream banks of the Pine Creek. The culverts have created a large plunge pool downstream and have constrained the natural meander of the watercourse, preventing it from continuing to form naturally. d. Wildlife Passage. The culverts and embankment may impair wildlife passage along the Pine Creek valleylands. . e. Maintenance/Replacement. It appears that the upstream end of the culverts regularly becomes blocked with detritus flowing down the creek. A larger opening may reduce this. The CSP culverts will eventually require repair or replacement. In addition, the new sewer infrastructure ma"y be at risk from storm events. Therefore, it may be advantageous to avoid a future need to repair or replace the culverts with an improved design now. The proposed sanitary sewer improvements continue to utilize the present culvert/ embankment configuration of the crossing and do not resolve the issues identified above. New sewer infrastructure at this location using the present configuration precludes any improvement to the present situation in the near-term. Given this, we strongly encourage an alternate design be considered which would not utilize the culvert/embankment configuration F:\HOME\PUBLlC\DEVELOPMENT SERVICES\DURHAM REGION\PICKERING\ 1215 - 1235 BA YL Y _ 4.DOC ,'7 ATTACHMEN11,f; TO REPORlI, PO -.. ~ r c '7 Tyler Barnett -5~ Julv 3. 2007 / 1 but would allow for improvements to the watercourse and valleylands. For example, it may be possible to provide for a siphon underneath the creek or a new, wider, open-footed culvert. TRCA staff is more than willing to discuss this matter further with the Region, City and proponent in order to arrive at a satisfactory solution. ' TRCA Permit Requirements 21. The applicant has applied for an Ontario Regulation 166/06 permit for the development and new outfall. Upon final Site Plan approval, the applicant should submit three sets of the following drawings, revised as necessary. to TRCA: Drawing Nos. L-1, L-4 and L-7; Drawing Nos. GEO-1; ERS-1, SS-1, and SG-1. In addition, a permit application will be required for the sewer crossing downstream. Recommendation In light of the above, we have no objection to th~ approval of the Site Plan application subject to the owner addressing Comment Nos. 2 to 16, above, to TRCA satisfaction, and the Owner agreeing in the Site Plan Agreement to the following: ' 1. Owner to gratuitously convey the valleylands and buffer to the City of Pickering. 2. Owner to prepare and implement a Ravine Stewardship Plan for the valley slopes, to TRCA satisfaction. The Plan shall be prepared by a qualified Ecologist or Forestry specialist and include a plan and costing for staged removal of invasive species and replacement with native species over an appropriate time period. 3., Owner shall provide a Letter of Credit to the City of Pickering for 100% of the cost of the Ravine Stewardship Plan. , 4. Owner shall revise the Landscaping Plans to TRCA satisfaction. 5. Owner shall apply for and receive a TRCA permit under Ontario Regulation 166/06. We request that the applicant respond in a cover letter addressing each comment above by number. We trust this is satisfactory. PJ~ase feel free to contact me if you have any further questions. Sincerely, I(~ -r--- Steven H. Heuchert, MCIP, RPP, MRTPI Manager, Development Planning and Regulation Planning and Development Extension 5311 cc: Steven M. Warsh, Partner, S & R Developm'ent Group Limited (bye-mail) Stephen I. Fagyas, Commercial Focus Advisory Services Inc. (bye-mail) Bob Starr, City of Pickering (bye-mail) Peter Castellan, Region of Durham (bye-mail) F:\HOME\PUSLlC\DEVELOPMENT SERVICES\DURHAM REGIONIPICKERING\ 1215 - 1235 SA YL Y _ 4,DOC