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HomeMy WebLinkAboutPD 14-09 Cary REPORT TO COUNCIL I KERI Report Number: PD 14-09 Date: March 23,+2069' 141 From: Neil Carroll Director, Planning & Development Subject: S.R.& R. Bay Ridges Ltd. Addendum to Report Number PD 47-08 - Parkland Conveyance - File: S 2/07 Recommendations: 1. That Report PD 14-09 of the Director, Planning & Development be received; 2. That Council confirm the requirement that S.R.& R. Bay Ridges Ltd. ("SR&R") 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; 3. That payment of the total parkland amount of $533,250 be phased to coincide with the issuance of above-ground building permits for each of the three phases of the site's redevelopment - the first being the construction of 110 townhouses, the second being the construction of Building/Tower A (236 units), and the third being the construction of Building/Tower B (141 units) and the remaining 10 townhouses; and 4. Further, that $81,976.87 of the $200,000 already paid on account of parkland be returned to SR&R in order to be consistent with a phased payment approach. Executive Summary: This report is an addendum to two earlier reports (PD 36-08 and PD 47-08) that set out the positions of both SR&R and staff in relation to parkland payments. Staff continue to support the recommendations contained in the earlier reports that SR&R pay the sum of $533,250 in lieu of the conveyance of parkland, but can support phasing the payment to coincide with the commencement of above-ground construction on each phase of the site's redevelopment. Financial Implications: If Council adopts the recommendation contained in this second addendum 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 most recent SR&R offer, the City will only collect a total of $397,895. Report PD 14-09 March 23, 2009 Subject; S.R.& R. Bay Ridges Ltd. - Parkland Conveyance Page 2 142 Sustainability Implications: Other than the financial implications set out above, there are no sustainability implications. Background: Report PD 36-08 was considered by the Planning & Development Committee on October 6, 2008 and referred back to staff for further discussion with SR&R, with direction to report to Council on October 20, 2008. At the October 20, 2008 Council meeting, Report PD 36-08 was referred to the November 17, 2008 meeting of Council at the request of SR&R. Report PD 47-08 was then prepared by staff to identify and provide staff responses to some of the issues raised subsequent to the preparation of Report PD 36-08. At the November 17, 2008 meeting, Council again referred the matter back to staff for further discussion with SR&R. This second addendum report provides staff responses to SR&R's most recent offer which has the following three components: 1. The payment in lieu of parkland conveyance should be reduced by the amount that SR&R has agreed to pay for improvements to the buffer area, which SR&R estimates to be $46,000. 2. The payment in lieu of parkland conveyance should be reduced by an amount equal to the market value of the walkway portion of the buffer, which SR&R calculates to be $89,355. 3. The net total payment in lieu of parkland conveyance ($397,895) should be pro-rated based on a per unit amount of $800.59 ($397,895 . 497 units) and phased as follows: Phase 1: 110 townhouse units $88,064.90 deemed paid with the balance of the $200,000 already paid ($111,935.10) returned to SR&R. Phase 2: Building "A" (236 units) $94,469.62 (50% of $188,939.24) paid upon the issuance of the first building permit for this phase with the balance ($94,469.62) paid prior to the earlier of the following two events: (a) condominium registration for Building "A"; or (b) eighteen (18) months following the issuance of the first building permit for this phase. Report PD 14-09 March 23, 2009 Subject: S.R.& R. Bay Ridges Ltd. - Parkland Conveyance Page .3 143 Phase 3: Building "B" (141 units) and the10 remaining townhouse units $60,444.55 (50% of $120,889.10) paid upon the issuance of the first building permit for this phase with the balance ($60,444.55) paid prior to the earlier of the following two events: (a) condominium registration for Building "B"; or (b) eighteen (18) months following the issuance of the first building permit for this phase. Staff's response to each of the components of this offer is as follows: 1. Buffer Improvements This request is not new. Staffs position on a parkland credit for buffer improvements remains as set out in the previous staff reports. Staffs position on the issue was set out in Report PD 36-08 as follows: 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. In Report PD 47-08, staff provided the following additional comments: 5. Is it appropriate to reduce the parkland amount by an amount equal to SR&R's cost of constructing the walkway within the buffer area? Report PD 14-09 March 23, 2009 Subject:1 4 . R. Bay Ridges Ltd. - Parkland Conveyance Page 4 The opinion of staff on this issue was set out on page 5 of Report PD 36-08. Requiring a developer to pay for the construction of a walkway and related lighting (whether on the developable footprint or on lands conveyed from the developer into public ownership) is a standard City requirement in accordance with Section 41 of the Planning Act and staff therefore feel that no reduction should be given. The only additional clarification that needs to be made on this issue is that the cost of constructing the walkway is only a fraction of the cost of the buffer improvements that SR&R has contractually agreed to make. The estimates supplied by SR&R's own consultant (Sernas) indicated the cost of constructing the walkway would be approximately $6,000. The balance of the buffer improvements are for tree and shrub plantings and other landscaping which would have been required with or without construction of the walkway. In fact, the bulk of these plantings in the buffer lands are located south of the walkway. 2. Walkway Land Value The nature of this request is not new. Report PD 36-08 and Report PD 47-08 dealt extensively with this request. What is new is the amount of the credit SR&R is now claiming and the way in which it has been calculated. Previously, SR&R asked for a credit against the parkland payment equal to the market value of all of the buffer lands (0.199 ha or 0.494 ac). SR&R calculated this value to be approximately $672,000. SR&R's current request is for a credit equal to the market value of only the walkway portion (277 square metres) of the buffer area, which it calculates to be $89,355. This figure represents the area of the walkway expressed as a percentage of the net developable area of the site (0.7%) multiplied by the appraised market value of the entire site ($12,765,000). Staffs position in relation to a parkland credit for the walkway equal to the market value of the buffer lands has not changed. All of the reasons and professional opinions set out in Report PD 36-08 and Report PD 47-08 in relation to this issue apply whether the claim is for a credit in relation to all or any portion of the buffer lands. Even if the threshold issue of whether this land should be credited at all is set aside, staff cannot agree with SR&R's calculation of the market value of the walkway lands. SR&R's calculation assumes that the walkway lands are as valuable as the tableland upon which the residential and commercial buildings are to be constructed. The buffer lands do not have the same market value as the rest of the site because they cannot be built upon. The buffer lands have a nominal value only. 3. Phasing of Payments Staff's position in relation to the concept of phasing of the parkland payment was set out in Report PD 47-08 as follows: Report PD 14-09 March 23, 2009 Subject: S.R.& R. Bay Ridges Ltd. - Parkland Conveyance Page,,5 145 7. Is it appropriate to phase the payment of the parkland levy to coincide with what is in essence a development with three phases - the first being the construction of 110 townhouses, the second being the construction Building/Tower A (236 units), and the third being the construction of Building/Tower B (141 units) and the remaining 10 townhouses? Staff would not have any objection to phasing the payments based on building permit issuance for each phase, provided the total parkland payment remains at $533,250. SR&R was advised of this position. SR&R was also advised that staff could support payment of the parkland payments upon the issuance of the building permits for above ground works on Building/Tower A and Building/Tower B. In other words, the issuance of a demolition permit, a shoring permit and a permit for construction of the underground parking garage would not trigger a parkland payment. Finally, SR&R was advised that, consistent with a phased approach, staff could support the return of a portion (approximately $82, 000) of the monies already paid in relation to the first phase. SR&R indicated that it could not accept these terms. 8. If it is appropriate to phase the parkland payments, should the payments be triggered by the issuance of a building permit for the phase to be constructed or by the registration of the plans of condominium? In the opinion of staff, a parkland payment-in-lieu is most appropriately triggered by the issuance of a building permit. This is consistent with subsection 8(2) of the Building Code Act which states that a chief building official must issue a building permit unless the proposed building, structure or demolition will contravene the Building Code Act, the building code or any other "applicable law", and "applicable law" is defined in the building code (section 1.4.1.3) to include payments-in-lieu of parkland conveyances required by subsection 42(6) of the Planning Act. The registration of a condominium plan establishes tenure - it does not by itself constitute development. Residents could be occupying their dwelling units for months or in some cases years prior to the registration of a condominium plan. In the opinion of staff, it would be inappropriate to delay the collection of parkland payments-in-lieu for an uncertain period of time when the new residents who will be placing demands on the City's park services have already moved into their units. SR&R's most recent offer differs in two material respects from the offers that it made prior to the preparation of Report PD 47-08. First, SR&R is offering to put an end date to the requirement to pay (18 months after the first building permit is issued), so that the payment will not be delayed indefinitely. Second, SR&R has offered to pay 50% of the parkland payment at the beginning of phases 2 and 3 of the project. Report PD 14-09 March 23, 2009 Subject: S.R.&.R. Bay Ridges Ltd. - Parkland Conveyance Page 6 1 46 In the opinion of staff, it would be inappropriate to delay the collection of any portion (i.e. 50%) of the parkland payments-in-lieu for any length of time (i.e. 18 months) when the new residents who will be placing demands on the City's park services have already moved into their units and for the other reasons set out in Report PD 47-08. There is no precedent for it in the City. However, as stated in Report PD 47-08, staff can support a phased approach to the payment of the parkland amount based on a per unit amount of $1,072.94 ($533,250 497 units). Staff can support the following phased approach: Phase 1: 110 townhouse units $118,023.40 deemed paid with the balance of the $200,000 already paid by SR&R ($81,976.60) returned to SR&R. Phase 2: Building "A" (236 units), $253,213.84 paid upon the issuance of the first above-ground building permit for this phase. Phase 3: Building "B" (141 units) and the10 remaining townhouse units $162,013.94 paid upon the issuance of the first above-ground building permit for this phase. Concluding Comments None of the information that SR&R has provided subsequent to the preparation of Report PD 47-08 has caused staff to alter any of the professional opinions set out in that report or in Report PD 36-08. In the opinion of staff, reducing the amount of the parkland payment in the manner requested by SR&R (a) is contrary to subsection 42(1) of the Planning Act; (b) is inconsistent with the City's Official Plan policies; (c) is inconsistent with City practices; and (d) would set an undesirable precedent with serious long-term City parkland program implications. Attachment: 1. Report PD 47-08 (with attachments) Report PD 14-09 March 23, 2009 Subject: S.R.& R. Bay Ridges Ltd. - Parkland Conveyance Page 7 '14 7 Prepared By: Approved/Endorsed By: Z04c~-- Ross Pym, MC RPP Neil Carroll Principal Planner - Development Review Director, Planni g & Development Gillis Paterson Director, Corporate Services & Treasurer Everett sma Director, Operations & Emergency Services 14V4011640000 Andrew C. Allison City Solicitor RP:jf Copy: (Acting) Chief Administrative Officer Chief Administrative Officer Recommended for the consideration of Pickering City Council Thomas J. ui , RDMR, CMM III Chief Administ ative Officer Caq 4 ATTACHMENT# TO REPORT TO I'w REPORT#PD COUNCIL PICKERING Report Number: PD 47-08 148 Date: November 17, 2008 From: Neil Carroll Director, Planning & Development Subject: S.R.&R. Bay Ridges Ltd. Addendum to Report Number PD 36-08 - Parkland Conveyance - File: S 2/07 Recommendation: 1. That Report PD 36-08 of the Director, Planning & Development be received; and 2. Further, 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. 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. Report #PD 36-08 was considered by the Planning & Development Committee on October 6, 2008 and was referred back to staff for further discussion with the applicant, with direction to the report to Council on October 20, 2008. At the October 20, 2008 Council meeting, Report #PD 36-08 was referred to the. November 17, 2008 meeting of Council at the request of SR&R. This report is an addendum to Report #PD 36-08 that set out the positions of both SR&R and staff. Staff continue to support the recommendation contained in Report #PD 36-08 that SR&R pay the sum of $533,250 in lieu of the conveyance of parkland for this project. Financial Implications: If Council adopts the recommendation contained in this addendum 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. ATTACHMENT. -M Report PD 47-08 REPORTS PD I'V-0 2 November 17, 2008 Subject: S.R.&R. Bay Ridges Ltd. - Parkland Conveyance Page 2 149 1.0 Background: At the October 6, 2008 meeting of the Planning & Development Committee, Report #PD 36-08 was referred back to staff for further discussion with the applicant, with direction to bring it back to Council on October 20, 2008. At the October 20, 2008 Council meeting, Report #PD 36-08 was referred to the November 17, 2008 meeting of Council at the request of SR&R. Prior to the October 6, 2008 Planning & Development Committee meeting, the Director, Planning & Development and the City Solicitor met with representatives of SR&R (William Friedman and Steven Warsh) on two separate occasions to discuss parkland issues. At the conclusion of the second meeting (July 7, 2008), the Director, Planning & Development and the City Solicitor advised Mr. Warsh and Mr. Friedman that staff could not accept any of SR&R's arguments in relation to parkland dedication except to the extent set out in Report #PD 36-08. On October 24, 2008, the Chief Administrative Officer, City Solicitor and the Mayor met with representatives of SR&R (David Friedman, William Friedman and Steven Warsh). At the conclusion of this meeting, the Chief Administrative Officer and the City Solicitor advised the representatives of SR&R that none of the information that had been provided by SR&R either at the October 6, 2008 meeting of Planning & Development Committee or subsequent to that meeting had persuaded staff to alter any of the professional opinions set out in Report #PD 36-08. However, subsequent to the October 24, 2008 meeting, SR&R was advised that staff could support a phased approach to the parkland payments-in-lieu., This addendum report identifies and provides staff responses to some of the issues raised since Report #PD 36-08 was prepared. 2.0 Discuss ionllssues Set out below are some of the issues that were raised during the October 6, 2008 Planning & Development Committee meeting, the October 24, 2008 meeting described above, and several telephone conversations with. representatives of SR&R subsequent to the October 6 Planning & Development Committee meeting, along with staff's response to each of them. 1. Were the buffer lands "conveyed to the municipality for park or other public recreational purposes" as per subsection 42(1) of the Planning Act? Report PD 47-08 ATTACHMENT# I L TO November 17, 2008 REPOKU PD Subject: S.R.&R. Bay Ridges Ltd. - Parkland Conveyance Page- 3 Subsection 42(1) of the Planning Act provides the authority for the City to require the conveyance of land "for park or other public recreational purposes". It reads as follows: 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. There are numerous memoranda, letters and reports to and from representatives of SR&R, including Watershed Management Ecology (SR&R's environmental consultants), in the records of the Planning & Development Department referencing the fact that the buffer lands are an integral component of the natural heritage system and that SR&R would be required to convey them for the purpose of protecting the ecological function of the valleylands. Prior to the letter from Mr. Friedman dated June 18, 2008, there was no documentation in these same records stating that the buffer lands were conveyed "for park or other public. recreational purposes". At no time prior to SR&R executing the development agreement (which created the obligation to convey the buffer lands without any credit for parkland contribution) did anyone from SR&R ever allege that the buffer lands were conveyed "for park or other public recreational purposes". It was never intended that the buffer lands were to be conveyed "for park or other public recreational purposes". The purpose of the conveyance of the buffer land was always to protect the natural heritage features in the valley as required by the Provincial Policy Statement, TRCA policy, and City Official Plan policy. The applicable Natural Heritage sections of the Provincial Policy Statement are set out in the Scoped Environmental Impact Statement dated May 2006 prepared for SR&R by Watershed Management Ecology. TRCA policies for defining valley, corridor boundaries are set out in its "Valley and Stream Corridor Management Program". As set out in its initial letter to the City dated September 6, 2006 (see Attachment #1 to this Addendum Report) commenting on SR&R's rezoning application, these policies require protection to the top of valley bank "plus a minimum 10 metre buffer'. This buffer requirement is set out in all of TRCA's subsequent letters to the City. Watershed Management Ecology confirmed this TRCA requirement in their Scoped Environmental Impact Statement. City Official Plan Policy 10.5 states that "City Council recognizes the importance of its stream corridors, and acknowledges the health of its valley and corridors can be affected by uses and activities anywhere in the watershed; accordingly, Council shall, c) require conveyance of the valleylands and associated vegetation, and/or buffers to the City or other public agency as a condition of development approval, where appropriate". ATTACHMENT#--L-TO Report PD 47-08 REPORT# PD I 'V -D 9 November 17, 2008 Subject: S.R.&R. Bay Ridges Ltd. - Parkland Conveyance Page 4 151 2. Does the fact that the TRCA permitted SR&R to install a walkway within the buffer lands mean that the purpose of the conveyance of the buffer lands was "for park or other public recreational purposes"? SR&R was required to convey lands for walkway purposes in order to comply with the site plan control provisions (section 41) of Planning Act and the Bay Ridges Plaza Redevelopment Development Guidelines. Subsection 41(7) of the Planning Act reads as follows: 41(7) As a condition to the approval of the plans and drawings referred to in subsection (4), a municipality may require the owner of the land to, (a) provide to the satisfaction of and at no expense to the municipality any or all of the following: 4. Walkways and walkway ramps, including the surfacing thereof, and all other means of pedestrian access. 5. Facilities for the lighting, including floodlighting, of the land or of any buildings or structures thereon. This requirement for the conveyance of land for the purpose of a walkway is separate and distinct from SR&R's obligation to convey lands for the purpose of protecting the valleylands. However, in order to maximize its developable footprint, SR&R sought permission from TRCA to locate the required walkway within the buffer lands and City staff supported the request. TRCA agreed to permit the construction of the walkway within the buffer lands, in part because walkways can enhance the protection of natural heritage features by controlling where people walk. To now characterize the buffer lands as having been conveyed for "park or other public recreational purposes" because the walkway was allowed to be located in the buffer area is a mischaracterization of the purpose of the conveyance of the buffer land and the construction of the walkway. The applicable City policies are set out in the Bay Ridges Plaza Redevelopment Development Guidelines which were approved by Council on October 3, 2006 concurrently with Council's approval of SR&R's rezoning application. The Guidelines explicitly obligate SR&R to provide "a pedestrian walkway on public lands along or near the top of bank of the ravine to provide a link to the Bayly Street sidewalk and the Pickering GO Station" (Section C3.2). The purpose of the walkway is to ensure that the development is truly transit-oriented and pedestrian friendly. The Guidelines also require lighting "to enhance [the] development's attractiveness and safety of the built environment (Section C3.8). Attachment #2 to this Addendum Report shows that all existing and future lighting is or will be located outside of the buffer lands on private property. Attachment #2 also shows that the walkway extends only as far as the tot lot within the development and that it only occupies a very small percentage (13.8%) of the buffer lands. ATTACHMENT#-!--TO Report PD 47-08 REPORT# PD1-/ November 17, 2008 Subject: S.R.&R. Bay Ridges Ltd. - Parkland Conveyance Page 5 - 2 The extent of the walkway was minimized to reduce impacts in the natural heritage system and to provide a pedestrian transit connection focused on serving the residents of the development. The lands covered by the walkway only constitute 0.7% of the net developable area of the site. The balance of the buffer lands (i.e. all of the land other than the walkway) cannot be used for any purpose other than as a buffer. Neither the Guidelines nor any other policy document of the City requires SR&R to. convey the buffer lands or any part of the development lands to provide a connection to a recreational trail system. In other words, the purpose of the walkway is not recreational; it is intended to provide connectivity to transit. Even if all of the buffer lands were conveyed to the City at the request of the City and for the sole purpose of creating a walkway, staff's opinion would still be that these lands are not lands conveyed "for park or other public recreational purposes". Lands are required to be conveyed to municipalities for sidewalks and walkways primarily for the purpose of ingress and egress. The City requires the construction and conveyance of sidewalks and walkways in all major developments and it would be wrong to suggest that these conveyances are "for park or other public recreational purposes Simply put, installing a walkway and related features (e.g. lighting) on a piece of land cannot mean that the land is converted for a recreational purpose. Trails, on the other hand, can serve a recreational purpose. However, as stated above, the walkway on this site does not serve such purpose. There is a distinctive difference in the use of the words "pedestrian pathway', "walkway", and "parkland" in the Planning Act. They are not synonymous. 3. Does the fact that the buffer lands were conveyed to the City and not TRCA mean that they were conveyed for purposes other than protection of the valley system? Staff do not agree with SR&R's suggestion that the buffer lands should be treated as lands that were conveyed "for park or other public recreational purposes" simply because they were conveyed to the City and not to TRCA. TRCA repeatedly requested that the buffer lands be conveyed into public ownership (see, for example, their letter to the City dated July 3, 2007). The buffer lands and the valleylands were put into City ownership in order to be consistent with adjoining valley system lands which are in City ownership. City Official Plan Policy 10.5 makes it clear that lands conveyed for the purpose of environmental protection can be held by the City or another public agency. It reads as follows: City Council recognizes the importance of its stream corridors, and acknowledges the health of its valley and corridors can be affected by uses and activities anywhere in the watershed, accordingly, Council shall, c) require conveyance of the valleylands and associated vegetation, and/or buffers to the City or other public agency as a condition of development approval, where appropriate". Report PD 47-08 ATTACHMENT1 November 17, 2008 REPORT# PD j Subject: S.R.&R. Bay Ridges Ltd. - Parkland Conveyance Page 6 5 3 Official Plan Policy 15.28 reads as follows: City Council, (c) shall not accept as parkland conveyance lands required for drainage; valley and stream corridor or shoreline protection purposes; lands susceptible to flooding; steep valley slopes; hazard lands; lands required to be conveyed to a public agency other than the City of Pickering; and any other lands unsuitable for park development. Policy 15.28(c) prohibits the City from accepting any lands required for "valley and stream corridor or shoreline protection purposes" and "lands unsuitable for park development" irrespective of whether the lands are conveyed to another public agency. In the opinion of staff, because the buffer lands were conveyed for environmental protection purposes and because none of. the buffer land is capable of being programmed for:any parkland use by the City's Culture & Recreation Division, Policy 15.28 (c) prohibits the City from accepting such land for parkland conveyance. In the opinion of staff, to suggest that who owns the buffer lands is determinative of the purpose of the conveyance of such lands is inconsistent with Policies 10.5 and 15.28 (c) of the City's Official Plan. 4. What are the correct figures to be used when calculating the amount of the parkland payment? SR&R claims that it has exceeded its statutory parkland obligations because the buffer lands represent approximately 6% of the net developable area of the site. Area calculations based on the final approved site plan are set out in Attachment #3 to this Addendum Report. Staff do not qualify the buffer lands as parklands and have requested cash-in-lieu of parkland for this development. The net site area of this development is 3.174 ha. The cash-in-lieu value is calculated at 5% of the value of the land the day before the issuance of a building permit. Based -on the appraisals provided by SR&R, the parkland payment is 5% of $10,665,00, being $533,250. 5. Is it appropriate to reduce the parkland amount by an amount equal to SR&R's cost of constructing the walkway within the buffer area? The opinion of staff on this issue was set out on page 5 of Report #PD 36-08. Requiring a developer to pay for the construction of a walkway and related lighting. (whether on the developable footprint or on lands conveyed from the developer into public ownership) is a standard City requirement in accordance with Section 41 of the Planning Act (see question 2 above) and staff therefore feel that no reduction should be given. 6. Who bears the onus of proving that a developer is entitled to a credit for prior parkland conveyances? ATTACWMW# -~--TO Report PD 47-08 REPORT# PD / ~O ~ November 17, 2008 Subject: S.R.&R. Bay Ridges Ltd. - Parkland Conveyance Page 7 154 The issue of credits for previous parkland conveyances or payments-in-lieu was discussed at the October 6, 2008 Planning & Development Committee meeting. Notwithstanding the fact that the onus is on an applicant to establish that there has been a previous conveyance of parkland in order to be entitled to a credit, City staff diligently tried to determine if there had been any previous conveyances of payments- in-lieu relating to the Bay Ridges Plaza lands. Significant staff resources were spent searching through City and Registry Office records. Staff could not locate any documentation and SR&R has not provided any documentation to show that there was any such parkland conveyance or payment-in-lieu. 7. Is it appropriate to phase the payment of the parkland levy to coincide with what is in essence a development with three phases - the first being the construction of 110 townhouses, the second being the construction of Building/Tower A (236 units), and the third being the construction of Building/Tower B (141 units) and the remaining 10 townhouses. Staff would not have any objection to phasing the payments based on building permit issuance for each phase, provided the total parkland payment remain at $533,250. SR&R was advised of this position. SR&R was also advised that staff could support payment of the parkland payments upon the issuance of the building permits for above ground works on Building/Tower A and Building/Tower B. In other words, the issuance of a demolition permit, a shoring permit and a permit for construction of the underground parking garage would not trigger a parkland payment. Finally, SR&R was advised that, consistent with a phased approach, staff could support the return of a portion (approximately $82,000) of the monies already paid in relation to the first phase. SR&R indicated that it could not accept these terms. 8. If it is appropriate to phase the parkland payments, should the payments be triggered by the issuance of a building permit for the phase to. be constructed or by the registration of the plans of condominium? In the opinion of staff, a parkland payment-in-lieu is most appropriately triggered by the issuance of a building permit. This is consistent with subsection 8(2) of the Building Code Act which states that a chief building official must issue a building permit unless the proposed building, structure or demolition will contravene the Building Code Act, the building code or any other "applicable law", and "applicable law" is defined in the building code (section 1.4.1.3) to include payments-in-lieu of parkland conveyances required by subsection 42(6) of the Planning Act. The registration of a condominium plan establishes tenure - it does not by itself constitute development. Residents could be occupying their dwelling units for months or in some cases years prior to the registration of a condominium plan. In the opinion of staff, it would be inappropriate to delay the collection of parkland payments-in-lieu for an uncertain period of time when the new residents who will be placing demands on the ,City's park services have already moved into their units. Report PD 47-08 ATTACHMENT- November 17, 2008 REPORW PD_LLZ Subject: S.R.&R. Bay Ridges Ltd. - Parkland Conveyance Page 8 155 9. Is the City's approach to parkland levies on this development consistent with the City's approach to the Tridel development at Kingston Road and Valley Farm? The original 1987 development agreement for the Tridel project required Tridel to pay a 5% of the appraised value of the property. The parkland payment-in-lieu amounted to $1,225 per unit (as compared to SR&R's $1,073 per unit). Tridel was permitted to pay the total parkland amount in phases as the project was built out, but any deferred payments were increased by 10% eachyear. In 1998, Council agreed to amend the escalation provision in the development agreement, as a result of which Tridel -paid a total of $1,598,738.48 or an average of $1,406 per unit in lieu of parkland conveyance. None of the walkways or the pedestrian rest areas in the project were counted as parkland dedication. 3.0 Concluding Comments None of the information that SR&R has provided subsequent to the preparation of Report #PD 36-08, including case law supplied by SR&R's solicitor, has caused staff to alter any of the professional opinions set out in that report. In the opinion of staff, SR&R's position on the issue of parkland conveyance (a) is contrary to subsection 42(1) of the Planning Act; (b) is inconsistent with the City's Official Plan policies; (c) is inconsistent with City practices; and (d) would set an undesirable precedent with serious long-term City parkland program implications. Attachments: 1. TRCA letter to the City dated September 6, 2006 2. Extract from SR&R's Approved Landscape Plan 3. Area Calculations 4. Report PD 36-08 Report PD 47-08 ATTACHMENT#-.._.TO WORT# PD November 17, 2008 Subject: S.R.&R. Bay Ridges Ltd. - Parkland Conveyance Page 9 156 Prepared By: Approved/Endorsed By: ~T'~✓ Ross Pym, Mcip, 90 V- Th o1fi a J. u i n n Principal Planner - evelopment Review Chief Administrati Officer Approved/Endorsed By: ~d kL Neil Carroll Director, Planning & Development Approved/Endorsed By: Gillis Paterson Director, Corporate S rvices & Treasurer Appro r By Everett B tsm Director, Oper o & Emergency Services Approved/Endorsed By: Andrew C. Allison City Solicitor RP:ks Copy: Chief Administrative Officer Recommended for the consideration of Pickering Ci u 'I v~ l o as J. u' n, RD , CMM III Chief Admi ' trative Officer. ` ' TORONTO AND REG1UN"1r~ Attachment #1 to Report #PD 47-08 157 onservation ATTACHMENT# TO for The Living City REPORT# PD /L02._. September 6, 2006 CFN 37347.06 ; VIA E-MAIL AND MAIL SEP 1 2006 Ross Pym, MCIP, RPP CITY PLANNING ;Cn,ORINN Planning and Development Department DE ~ DEV EPa~Tnn NOPMENT City of Pickering Pickering Civic Complex One The Esplanade ------Pickering; elf--L-1Af-617- Re: Zoning By-Law Amendment Application No. A 06/06 1215,-1235 Bayly Street (Bay Ridges Plaza) City of Pickering S. R. & R. Bay Ridges Limited Dear Mr. Pym: Thank you for the opportunity to review Zoning By-Law Amendment Application No. A 0610.6 for the redevelopment of the Bay Ridges Plaza. We have reviewed the following documents: • Survey, prepared by R. G. McKibbon Limited, signed October 13, 2004; received June 23, 2006 from the. applicant; Scoped Environmental Impact Statement, prepared _by Watershed Management, Ecology, dated May 2006, received June -12, 2006; Preliminary Report - Slope Stability Assessment, prepared by"Jaques Whitford, dated August 16, 2006, received August 23, 2006 from the applicant. • Master Plan, prepared by Kirkor Architects,. dated August 1.7, 2006, received on August 30, 2006 in a meeting with the applicant. We offer the following comments: TRCA Permit Requirements The subject property is partially within a TRCA Regulated Area.. In accordance with Ontario Regulation 166/06 (Development, Interference with. Wetlands and Alterations to Shorelines and Watercourses), a permit is required from the TRCA prior to any. of the following works taking place: 1. straightening, changing, diverting or interfering in any way with the existing channel of a river, creek, stream or.watercourse, or for changing or interfering in any way with a' wetland; 2. development, if in the opinion of the authority, the control of flooding, erosion, dynamic beaches or pollution or the. conservation of land maybe affected by the development. Development is defined as: 1. the construction, reconstruction, erection or placing of a building or structure of any kind; 2. any change to a building or structure that would have the effect of altering the use or FAHOME\PUBLIC\DEVELOPMENT SERVICES\DURHAM REGION\PICKERING\1215 - 1235 BA_YLY_2.DOC 5 Shoreham Drive, Downsview, Ontario M3N 1S4 (416) 661-6600 FAX 661-6898 www.trca.on.ca 1 5 8 Attachment #1 to Report #PD 47-08 ATTACHMENT# TO REPOHT# PD Ross Pym -2- September 6, 2006 potential use of the building or structure, increasing the size of the building or structure or increasing the number of dwelling units in the building or structure; 3. site grading; 4.- the temporary or permanent placing, dumping or removal of any material, originating on the site or elsewhere. The applicant should contact TRCA staff to obtain permit approval prior to the issuance of any municipal grading or building permits. TRCA Policy and Program Interests . Notwithstanding permit requirements,. the Toronto and Region Conservation Authority's policies for defining valley. corridor boundaries are guided by our "Valley and Stream Corridor Management Program" (VSCMP). The VSCMP, guides our review of development proposals and permit and planning applications. The overali objectives of these policies is to prevent new development from occurring within areas that may introduce a risk to life and property associated with flooding, erosion and slope instability, or is not compatible with the protection or. rehabilitation of these areas in their natural state. For the subject.property, the VSCMP policies define the valley corridor boundary as follows- 1 . If the valleyslope is stable, a minimum of 10 metres inland from the top of the valley bank;. or 2. If the valley slope is not stable, a minimum of 10 metres from the predicted long term stable slope projected from the existing stablelstabilized toe (base) of slope, or the predicted location of the toe of.the slope as ! hifted as a result of stream erosion over a 100 year period; or 3. If there is significant vegetation, the limit of this vegetation plus ten metres. In summary, the limits of the valley corridor will be defined by the greater of the top of bank, the predicted long term stable slope line or the limit of vegetation, plus a minimum 10 metre buffer. No development is permitted within the valley corridor. Identification of Development Limits The development limits on the subject property have been identified, as follows: 1. The top of bank as staked in 2004 has been accurately illustrated as "TRCA staked top of bank - staked September 2004" on the Survey signed October 13, 2004. The top of bank is valid for a period of five years, at which time if development is not substantially underway then a new top of bank staking will be required. 2. The Preliminary Report - Slope Stability Assessment dated August 16, 2006 is appropriate and we concur with the process for identifying and locating the stable top of bank in the Assessment. As such, the stable top of bank is considered to be the same as the staked top of bank. We do note, however, that in the extreme southeast of the site, the existing drain or stormwater sewer pipe is broken and. its discharge has caused an erosion gully descending to the creek. This should be remediated as part of any future development application. F:\HOME\PUBLIC\DEVELOPMENT SERVICES\DURHAM REGIONOCKERING1121 5 - 1235 BAYLY 2.DOC Attachment #1 to Report #PD 47-08 ATTACHMENT# ~ TO -0 REPORT# PD--/ Ross Pym -3- September 6, 20061 5 9 3. The limit of vegetation associated with the valley is approximately coincident with the top of bank. As such, the valley corridor includes the.top of bank plus 10 metres. This area should be renaturalized with native trees and shrubs appropriate for the soil conditions, re-zoned to an. Open Space designation and transferred to public ownership. Development, including rear yards, roads, and accessory structures, etc. are not permitted in the buffer.. We are willing. to discuss the appropriate location for a public access trail relative to the buffer zone if such access is required by the City of Pickering. Please note that the Master Plan dated August 17, 2006 does not respect a.1 0 metre buffer from. top of bank. In addition, we request that the Regional Stor- m an3iOTYear s orm oo a eva Ifons-5e plo e on-the Site Plam In any future'--d-amldpM- nt- applications. E wironmental Impact Study We did not request to review an Environmental Impact Study, provided the appropriate buffer was-achieved. However, our Ecologist has reviewed the Study and has significant concerns with the section entitled Opportunities and Constraints, including: 1) the recommendation for a 10 metre buffer is inconsistent with the Figure 7, Development Concept; 2) a planting plan for the buffer should be recommended; 3) stormwater should not be directed to a new outfall to the valley, if at all possible; and 4) the study should identify best management practices for stormwater management and groundwater infiltration.' Recommendation In light of the above, we have no objection to the approval of the Zoning Amendment subject to the valley corridor (including 10. metres from the illustrated top of bank) being re-zoned in an open space category that would have the effect of prohibiting development, including rear yards, roads, and accessory structures, etc. We request that the valley corridor be renaturalized and transferred into public ownership as part this or any future planning application. We trust this is satisfactory. Please feel.free to contact me if you have any further questions. Sinc ly, Steven H.. Heuchert, MCIP, RPP, MRTPI Manager, Development Planning and Regulation Planning and Development Extension 5311 cc: Steven M. Warsh, Partner, S & R Development Group Limited (by e-mail) Stephen.l. Fagyas, Commercial Focus Advisory Services Inc. (by e-mail) F:\HOME\PUBLIC\DEVELOPMENT SERVICES\DURHAM REGION\PICKERING\1215 - 1235 BAYLY 2.DOC Attachment #2 to Report #PD 47-08 ATTACHMENT# L-TO REPORT# PD 160 N7JT70' Y m 0 2 E I N ~I 1 H O m I , \ cn 114 \z N • 45.720 \g N61'OJ'30T \ r \ \ - 1 L.S t Y` I 4 2 AM 7 - I O P.. 21 N - - > L -~J > I \J ~ > to i a J a r J IL J k O «..n O • • 4°/ Y VJ LY YJ LY YJ / YJ ~Y Y~ °Ik \ n i 1 /'I I i\ 1 v, LEGEND ~\n ni\n ni ul \ I U1 LIMITS OF x eie se\Yi \YJi LY Ys & Tow s`~ C3 BUFFER AREA WALKWAY FROM TOT LOT TO BAYLY ST. •L.S. LIGHT STANDARD Extract from Approved Landscape plan Attachment #3 to Report #PD 47-08 ATTACHMENT# / - TO Area Calculations* REPORT# PD 161 Net Developable Area of the Site 3.174 ha (7.840 ac) Buffer Lands 0.199 ha (0.494 ac) Valleylands 0.609 ha (1.505 ac) Walkway 277 sq. m. Buffer Lands as a % of Net Developable Area 6.27% Walkway as a % of Buffer Lands 13.8% Walkway as a % of Net Developable Area 0.7% * Based on Final Approved Site Plan SP-01 last revised September 27, 2007 ATTACHMENT#=T0 C`ty REPORT# Po 'V~- 0_2 REPORT TO - PLANNING & DEVELOPMENT I KERIN COMMITTEE 162 Report Number: PD 36-08 Attachment #4 to Report #PD 47-08 Date: October 6, 2008 From: Neil Carroll Director, Planning & Development Subject: S.R.&R. Bay Ridges Ltd. - Parkland Conveyance - File: S2/07 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: ATTACHMENT# TO Report PD 36-08 REPORT# PD October 6, 2008 Subject: S.R.&R. Bay Ridges Ltd. - Parkland Conveyance Page 2 163 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: CALCULATION OF AMOUNT PAYABLE 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 MD-1-16 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. ATTACHMENT# TO Report PD 36-08 REPORT# PD._LY-L~ October 6, 2008 164 Subject: S.R.&R. Bay Ridges Ltd. - Parkland Conveyance Page 3 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-Paws 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 Positron 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." 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." ATTACHMENT# / . TO Report PD 36-08 ~iEPORT# PD October 6, 2008 165 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 m2), 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" ATTACHMENT#_-__-TO Report PD 36-08 'IEPORT# PD October 6, 2008 166 Subject: S.R.&R. Bay Ridges Ltd. - Parkland Conveyance Page 5 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. envirorimehtal 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." ATTACHMENW / TO Report PD 36-08 IEPORT# PD /Y October 6, 2008 167 Subject: S.R.&R. Bay Ridges Ltd. - Parkland Conveyance 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 staffs 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 commercial/retail space is 24,721 sq. ft and assuming a typical yield from commercial land of 27%, then the total acreage required to develop and build this amount of commercial/retail 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 commercial/retail would be $1,959,850. C) Therefore (sic) 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." ATTACHMENT# TO F ~ort PD 36-08 REPORT# PD_:L- October 6, 2008 Subject: S.R.&R. Bay Ridges Ltd. - Parkland Conveyance Page 7 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 rezoning of the Lands (which happened after the Lands were purchased) that the City acquired the legal authority to collect a parkland amount see subsection 42(7) of the Planning Act). ATTACHMENT / Report PD 36-08 REPORT# PO- Y- -,Q October 6, 2008 6 19 Subject: S.R.&R. Bay Ridges Ltd. - Parkland Conveyance 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. ATTACHMENT# 1 TO Report PD 36-08 REPORT# PD 1 Y_ 0 October 6, 2008 170 Subject: S.R.&R. Bay Ridges Ltd. -Parkland Conveyance Page 9 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 ATTACHMENT#®TO' Report PD 36-08 REPORT# PD `y _p October 6, 2008 . Subject: S.R.&R. Bay Ridges Ltd. - Parkland Conveyance Page loll 71 2 9 Prepared By: Approved/Endorsed By: ~J Ross Pym, MCIP, P T mas J. Qui Principal Planner- Development Review Chief Administ tive Officer Approved/Endorsed By: Neil Carr Director, Panning & Development Approved/Endorsed By: Gillis Paterson Director, Corporate Services & Treasurer. Approve WEndo ed By: EveretAuntshig' Director, Operations & Emergency Services Approved/Endorsed By: Andrew C. Allison City Solicitor RP: jf Copy: Chief Administrative Officer Recommended for the consideration of Pickering Cit . Cou cil it Th s J. Quinn, D , CMM III Chief Administrative Officer ATTACHMENT#--L/-TO ATTACHMENT #~TO REPORT# PD U REPORT # PD _ , - ~ SAY 401 BAYLY s?REED . w 0 z Q DOL/GLA RA VIN RADOM STREET City of Pickering Planning & Development Department a. DEVELOPMENT SITE-7.823 acres (3.166 ha) DATE: AUG. .26,2008 ® VALLEY LAND BUFFER-0.492 acres (0.1993 ha) onto sour...: Q Teron.t Ent.rpri... Ina. and d. .uppli.r.. ® All right. Reserved. Not p plan of survey. - VALLEY LAND-1.505 acres (0.6091 ha) Re 2005 MPAC and It. supplier.. All right. ..rued. Not o plan of Survey. krTACHI,9ENT #---.Q',-TO ATTACHMENT# ~/TO REPORT # Pg_ _ pA REPORT# PD d U 1?3 G0~ N0A\N N CNRI 11 3.Om 1 t 1 t Om , , 1 RH-MU-2 E 3 o ` al 1 1 4.Om 1 / L--3.Om / W a S-HL - - ~ ~ MD-H6 f WAYFARER U) cn z BUILD-TO-ZONE BUILDING ENVELJPE \ RADOM STREET N SCHEDULE H TO BY-LAW 6 7 0 5/ 0 6 AMENDED BY BY-LAW 6786/07 PASSED THIS 23rd DAY OF _.J U LY 2007 ORIGINAL SIGNED BY MAYOR - DAVID RYAN ORIGINAL SIGNED BY CITY CLERK - DEBI A. BENTLEY _ ^1 Pickering Civic Complex Citq 04 ATTACHMENT# T® j One The Esplanade Ontario ~iEPORT# PD Canada Pickering, L1V6K7 It c `I . ",a " I I Direct Access 905.420.4660 N ^ • Toll Free 1.866.683.2760 PICKERI (~J' cityofpickering.com ADMINISTRATION DEPARTMENT Legal Services 174 Division 905.420.4626 Facsimile 905.420.3534 legal@city.pickering.on. ca 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. 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 ATTACHMENT# TO SR&R Bay Ridges Ltd, REPORT# PD IL 22 February 29,202 Page 2 75 . $200,000.00 already paid) forthwith alter Council's decision subject however to any rights of appeal to the OMB. Finally, I can confirm that the commercial component of the market value of the Property will be deducted from the overall market value for the purpose of calculating the amount owed in lieu of parkland dedication. If these conditions are acceptable to your client, please sign and forward to my office the enclosed copy of this letter. Yours truly Andrew C. Allison City Solicitor ACA s Attachment 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 I.W. agrees to the conditions set out in this letter. UPZO AR&Ravyidges Ltd. Daled: u~ by its licitor, William Friedman ATTACHMENT 70 ATTACHMENT#-L-TO REPORT # PD_ FOORT# f~D 2 176 Schedule "A" 1. 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 and 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. 1. The reservations, limitations, conditions and exceptions to title set out in the Land Titles Act (Ontario). 8. Pail Lot Control By-Law registered March 7, 1961 as Instrument No. LTC 2521; A 1 ACfi ` "i+t l # ~o rUt7 <<_ ;.PORT # lag ~ " C ATTACHMENT# L TO . REPORT# PD AL 0 2 177 WILLIAM FRIEDMAN B.C.L., 1B Barrister & Solicitor 150 Ferrand Drive, Suite 802 Tel: 416.496-3340 Toronto, Ontario, Canada, Fax: 416-497-3809 M3C 3E5 E-mail: wf(cl prl oxa By Email ¢patersonCcit ,.pickerine.on.ca June 18, 2008 By Courier Gillis A. Paterson Director, Corporate Services & Treasurer The Corporation of the City of Pickering One The Esplanade Pickering, Ontario, Canada L1V 6K7 Dear Sir: Re: Parkland Dedication - SR & R Bay Ridges-Mixed Use Development 1215.1235 Bayly Street, 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 21/o, 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 VALUE 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 ATTACHMENT I TV REPORT # PD- 178 ATTACHMENT- 1 o TO REPORT- PDT. industrial purpose and has now been proposed for another purpose then the land previously conveyed or money previously paid shall be included in determining 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. 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: 1. 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 commercial/retail 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 commercial/retail 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 commercial/retail 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 permit was determined 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 yiT:aCi;i_~7 TO 0'9T J ~ A*ACHMENT# TO REPORT# PD 7 City. Moreover an argument can be made that Bay Ridges has conveyed and/cr paid an 179 amount in excess of what it is required to convey or 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 paying an additional amount of $150,000,00. It is more than a reasonable amount given the various credits noted above to which Bay Ridges believes it would otherwise be entitled. /!#irdiedman cc, Mayor Dave Ryan Councillors Bonnie Littley, Bill McLean, Rick Johnson, Jennifer O'Connell, Doug Dickerson, David Pickles 8 0 ATTACHMENT #~T0 / TO r~RT .1 P ATTACHMENT# I, EPORT# 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 M 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 oth.er.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 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 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 6.1 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 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, ATTAWINMRI If ±u REPORT f pD ATTACHMENT# TO (a) there is a change in the proposed development or reuUNT,p 1 8 1 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 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 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 11 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 12 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 13 If an owner- of land makes a payment under protest and an application to the Municipal Board under subsection (12), the owner shall give notice of the application to the municipality within 15 days after the application is made. ATTACHMENT, ATTACHMENT# To 182 REPORT # PD ~ 3EPORT# PD 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. .15.28 City Council, CITY POLICY Parkland.• Conv~ance of . (a) shall as a condition of residential Land for Park or Other development, and may as. a condition of Public Rimational Purpa.re.r 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 (1) 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 ATTACHMENT # Tp, ATTACHMENT#~TO Mr,AT ,.c . s..._... REPORT# PD /'V _0_2 183 CITY POLICY (c) shall not accept as parkland conveyance Park/and: Conygance of Land far lands required for drainage; valley and Park_orOther Public Remationa! stream corridor or shoreline protection Purpore.r (cont'd) purposes; lands susceptible to flooding; steep valley 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 15.29 City Council shall secure, at no charge to the Road Wlideningr municipality, the right-of-way widths in accordance with section 4.10 for roads shown on Schedule If, 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. ATTACHAENT# ATTACHMENT! TO REPORT# PO 184 REPORT # PD 3 f6 - A THE CORPORATION OF THE TOWN OF PICKERING BY-LAW N0. 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 of lands. WHEREAS sections 42, 51.1, 51(25) and 53 of the Planning Act, R.S.O. 1990, chapter P.13 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.13, 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. For 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.13. 2. This Bylaw shall apply to the whole of the Town of Pickering. 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 of five 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 Irn ATTACHMENT # -7 - To ATTACH REPORT # PD ___,3- - O8 I,EPORT# 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. b. 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.13, 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 Septenber, 1998. Wayne Arthurs, Mayor Bruce Taylor, Clerk TOWN OF' !.E DU, T. ATTACHMENT # TO CTORONTO AND RFGiON"'1/- REPORT; PD onserva tion 18 6 for The L i yi ng City July 3, 2007 RECEIVED CFN 38686.01 XREF CFN 39234 VIA E-MAIL AND MAIL JUL 0 2007 Tyler Barnett CITY OF PICKERING Planning and Development Department PLANNING a DEVELOPMENT DEPARTMENT City of Pickering Pickering Civic Complex One. The Esplanade Pickering, ON L1V 6K7 Re: Site Plan Application No. S02/07 1215 -1235 Bayly Street (San Francisco by the Bay, Bay Ridges Piaza) City of Pickering S..R. 8 R. Bay Ridges Limited Dear. Mr. Barnett: Thank you for the opportunity to review the second Site Plan application submission. We have reviewed the following documents: Drawing Nos. SP-01 to SP-04, prepared by Kirkor Architects, dated April 4, 2007, Revision No. 3, revised April 9, 2007, received.on May 8, 2007; SWM Report, prepared by Sernas, dated May 8, 2007, received May 14, 2007; Drawing No. GEO-1, Pine Creek Bank Stabilization and outfall Channel Design, prepared by Sernas, dated May 2007; 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-7, prepared by James McWilliam Landscape Architect, dated March 2007; Revision 3, revised April 5, 2007, received on May 8, 2007. We offer the follo" ing comments. Slope V bilify 1. The'proposed outfall and limits of development are satisfactory with respect to slope stability. Stormwater Management .2. Please provide confirmation whether the proposed future development was taken into account for total imperviousness calculation and 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 ail details regarding minor systerri 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. FAHOMETUBLIODEVELOPMENT SERVICESDURHAM REG10NTICKERINMI215 -'1235 BAYLY 4.DOC AAomhpr of rnnsen/ation Ontario ATTACHMENT# TO JEPORT# PD > U G/ _ 187 Tyler Barnett .2- July 3. 2007 3. Figure SO-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 of flow 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 therefore affect the performance of the pond to effectively settle sediment. Please change the location of the inlet 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 sustainabletechnologies.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. grad(ng, 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 swale on Drawing No. ESC-1, and provide . rational for temporary interceptor swale sizing calculation. It is preferred the swage. 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 1.5-25 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 provid e 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. Please look into opportunities to orient the outfall, if possible, so that the outfall is FAHOMEIPUBLICID5VELOPMENT SERVICESIDURHAM REGIONIPICKERINGI1215 -1235 BAYLY 4.DOC `ry ATTACHMENT# REPORT# Tyler Barnett .3-- July 3, 2007 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 by e-mail at skhan@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 trench 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 flaw 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 greaterlotal 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 stormwater management strategy to include other measures in addition to OGS that will provide an additional degree of ero"sion control and vrater,quality treatment. Potential measures include parking. lot bioswales'and enhanced 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:IHOMEIPUBLICIDEVELOPMENT SERVICESIDURHAM REGIONIPICKERING11215 -1235 BAYLY 4.DOc - ATTACHMENT#_. / REPORT# PO `f -62 Tyler Barnett -4. July 3. 20078 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, may 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:IHOMEIPUBLICIDEVELOPMENT SERVICESIDURHAM REGIONIPICKERINGI1215 -1.235 GAYLY 4.DOC ATTACHMENT #_?~.TQ ATTACHMENT# TO REPORT I. PD L C - C 7 REPORT# PD % V 0 S 190 _ 5 . Jul 3 2007 Ty ler Barnett 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-fceted 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 solutiQn. TRCA Permit Requirements 21. The,applicant has applied for an Ontario Regulation 166/06 permit three Be lts m nt and new outfall. Upon final Site Plan approval, the applicant should submit , to TRCA: Drawing Nos. L-1, L-4 and L-7; Drawing following drawings, revised as necessary of the Nos. GEO-Ce ERS-1, SSA, and SG1. In addition, a permit application will be required for the sewer crossing downstream. Recommendation In light of the above, we have no objection to the 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: of Pl 1, Owner to gratuitously convey the valleyiands and buffer to the for ley City the val k s lo. to T. 2. Owner to prepare and implement a Ravine •S P Plan 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 have any further question number. We trust. this is satisfactory. Please feel free to contact me y Sincerely, Steven H. Heuchert, MCIP; RPP, MRTPI Manager,'Developriment Planning and Regulation Planning and Development Extension 5311 cc; Steven M. Warsh, Partner, S & R Development Group Limited (by e-mail) Stephen I. Fagyas, Commercial Focus Advisory Services Inc. (by e-mail) Bob Starr, City of Pickering (by e-mail.) Peter Castellan, Region of Durham (by e-mail) P.\HOME\PUBLICIDEVELOPMENT SERVICESIDURHAM REGIONTICKERINGU215 -1235 BAYLY_4.DOC City REPORT TO ' COUNCIL I KERI Report Number: OES 14-09 Date: March 23, 2009 ! 91 From: Everett Buntsma Director, Operations & Emergency Services Subject: Dunbarton Indoor Pool Renovation Project - Tender No. T-17-2008 - Request for Additional Funding - File: A-1440-001-09 Recommendation: 1. That Report OES 14-09 regarding additional funding for the Dunbarton Indoor Pool Renovation Project be received; 2. That additional expenditures in the total amount of $150,000 (GST excluded) be approved; 3. That Council authorize the Director, Corporate Services & Treasurer to finance the additional required expenditures from funds received under the "Investing in Ontario Act, 2008"; and 4. That the appropriate City of Pickering officials be authorized to take any actions necessary to give effect thereto. Executive Summary: The Dunbarton Indoor Pool Renovation Project was approved by Council on November 17, 2008 as per Report OES 37-08 by the Director, Operations & Emergency Services. As noted in the above report, the original budget for this project was $1.5 million, but this was increased by Council to $1.9 million to reflect the Tender amount which took into account the real costs given the economy and market trends. Additional funding to make up the difference at the time of the tender award was made available by a combination of Federal Gas Tax (50%) and funds the City received from the "Investing in Ontario Act, 2009" (50%).