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
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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
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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
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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
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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"
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Report PD 36-08
October 6, 2008
Subj~ct: S.R.&R. Bay Ridges Ltd. - Parkland Conveyance
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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. "
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Report PO 36-08
October 6,2008
Subject: S.R.&R. Bay Ridges Ltd. - Parkland Conveyance
Page 7
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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
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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
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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
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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:
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-Gillis Paterson
Director, Corporate Services & Treasurer
Evere unts
Director, Operations & Emergency Services
Approved/Endorsed By:
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Andrew C. Allison
City Solicitor
RP:jf
Copy: Chief Administrative Officer
Recommended for the consideration
of Pickering CitY.: Cou cil
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DEVELOPMENT SITE-7.823 acres (3.166 ha)
VALLEY LAND BUFFER-0.492 acres (0.1993 ha)
DATE: AUG. 26, 2008
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VALLEY LAND-1.505 acres (0.6091 ha)
Dote Sources:
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All rights Re!Served. Not a plan of survey.
C 2005 MPAC and its suppliers.
All rights RS!Jerved. Not 0 plan of Survey.
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SCHEDULE ]I TO BY-LAW 6705/06
AMENDED BY BY-LAW 6786/07
PASSED THIS 23,d
DAYOF JULY 2007
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ORIGINAL SIGNED BY
MAYOR - DAVID RYAN
ORIGINAL SIGNED BY
CITY CLERK - DEBI A. BENTLEY
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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
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ADMINISTRATION DEPARTMENT
Legal Services
Division 905.420.4626
Facsimile 905.420.3534
legal@city.pickering.on.ca
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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
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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.
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Dated: I.{ b~ 2f!,
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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;
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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
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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
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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
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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
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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
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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,
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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
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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
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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
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)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.
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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
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Tyler Barnett
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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. .
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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
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Tyler Barnett
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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)
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