HomeMy WebLinkAboutPD 19-02
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REPORT TO COUNCIL
FROM:
Neil Carroll
Director, Planning & Development
DATE: April 2, 2002
-
Everett Buntsma
Director, Operations & Emergency Services
REPORT NUMBER: PD 19-02
SUBJECT:
City Option To Purchase Lands from Marinwood Holdings
South-east of 'Canoe Landing' Condominium Townhouse Development
South of Begley Street, Adjacent to Frenchman's Bay
City of Pickering
RECOMMENDATION:
1.
That Council authorize appropriate City of Pickering Staff to proceed with acquisition of
the "option lands", legally described as Part of Hillside Drive, Registered Plan 355,
Part of By Street, Registered Plan 355, Part of Lots 47, 51, and 52, lots 48, 49, and 50,
Registered Plan 355, designated as Parts 7 and 11 on Plan 40R-17911, and comprising
approximately 0.4 hectares, as per the Option to Purchase Agreement between the City of
Pickering and the Pickering Harbour Company (now Marinwood Holdings), registered as
Instrument LT 907950.
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ORIGIN:
Submission of Development Notice by Marinwood Holdings Limited
AUTHORITY:
The Option to Purchase Agreement between the City of Pickering and the Pickering Harbour
Company.
FINANCIAL IMPLICATIONS:
The cost to acquire the option lands is $184,000 as per the Option to Purchase Agreement. The
Director, Corporate Services & Treasurer has confirmed that the required funds are available
from the Parkland Reserve Fund No. 4230.
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EXECUTIVE SUMMARY:
On April 7, 1999 the City of Pickering entered into an agreement (known as the "Option To
Purchase" agreement) with the Pickering Harbour Company respecting a OA-hectare parcel of
land (known as the "option lands") located south of the existing "Canoe Landing" condominium
project (See Location Map - Attachment #1).
Report to Council PD 19-02
Date: April 2, 2002 1 0 5
Subject: Option Lands and Option To Purchase Agreement
Page 2
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The agreement provided the City with a ten-year time frame within which an opportunity would
exist to acquire the "option lands" at a fixed price of $184,000. The City's opportunity to
purchase the "option lands" is activated only upon the owner's (now Marinwood Holdings)
submission of a formal "development notice", declaring intent to develop the lands. The notice
must also include technical information supporting the viability of servicing the proposed
development.
The City Clerk received a "development notice" from Marinwood Holdings Limited on February
22, 2002, containing all the required information as per the "Option To Purchase" agreement, and
outlining their intent to develop the "option lands" for ten condominium townhouse units
(See Applicant's Submitted Plan - Attachment #2). Marinwood Holdings Limited acquired
interest in the lands from the Pickering Harbour Company and remain bound by the terms of the
agreement signed between the City and the Pickering Harbour Company. Marinwood Holdings
Limited is the developer of the existing condominium townhouse project known as
"Canoe Landing" abutting the option lands to the north. Based on the date the City Clerk
received the development notice, the City of Pickering has until 5:00 pm on June 22, 2002 to
provide written notice to Marinwood Holdings Limited exercising its "option to purchase".
City staff from the Operations & Emergency Services and the Planning & Development
Departments have reviewed the "development notice" and concur that the conceptual
development as proposed by Marinwood Holdings Limited appears to be technically feasible.
However, considering the strategic location of these lands adjacent to Frenchman's Bay, it is
recommended by both Departments that residential development of the lands not be pursued and
that the City exercise its option to purchase the lands for public use. These lands will provide a
valuable resource to the enhancement of the Waterfront Trail System and to the potential
expansion of the Bayshore Tot Lot. It is recommended that Council authorize appropriate City
Staff to proceed with acquisition of the "option lands" at the preset price of$184,000.
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BACKGROUND:
1.0 History
The Pickering Harbour Company submitted a site plan application to the City of Pickering in
1995, proposing to develop a 160 unit complex comprised of 120 apartments and 40
townhouse units on lands which are now occupied by a 60 unit townhouse development
known as "Canoe Landing". As part of the original site plan application, the
Pickering Harbour Company requested that the City stop up and sell to the Harbour
Company a portion of Begley Street. The Legal Department forwarded a Report to Council
(Report No. L 39/97) on March 21, 1997 outlining the details of the negotiations and
provided a draft by-law to stop up and sell portions of Begley Street and another by-law
authorizing the Mayor and City Clerk to execute an "option agreement" respecting certain
lands adjacent to Frenchman's Bay. Council endorsed the recommendation and approved
the related by-laws.
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The creation of the "option agreement" was a result of the negotiations with the Pickering
Harbour Company and was based on concerns from members of the community with respect
to the potential development of the "option lands" as the zoning of lands permits residential
development. Residents indicated their preference that the "option lands" be used for open
space\park purposes and that their present views of Frenchman's Bay remain unobstructed.
10,6
Report to Council PD 19-02
Date: April 2, 2002
Subject: Option Lands and Option To Purchase Agreement
Page 3
1.1 Option to Purchase Agreement
-
On April 7, 1999 the City of Pickering entered into an "Option To Purchase" agreement with
the Pickering Harbour Company respecting a O.4-hectare parcel of land located south of the
existing "Canoe Landing" condominium project (south-west corner of Begley and
Bayly Streets).
The agreement provided the City with a ten-year time frame within which an opportunity
would exist to acquire the "option lands" at a fixed price of $184,000. The City's
opportunity to purchase the "option lands" is activated only upon the owner's
(now Marinwood Holdings) submission of a formal "development notice", declaring intent
to develop the lands. The notice must also include technical information supporting the
viability of servicing the proposed development.
The City Clerk received the "development notice" on February 22, 2002, from
Marinwood Holdings Limited, containing all the required information as per the "Option To
Purchase" agreement, and outlining their intent to develop the "option lands" for ten
condominium townhouse units (See attachment #2 - Applicant's submitted' plan). The
agreement stipulates that the City of Pickering has up to 5 :00 pm on the 120th day following
receipt of the development notice to decide whether or not to purchase the "option lands" for
the prescribed amount noted above. Based on the date the City Clerk received the
development notice, the City of Pickering has until 5:00 pm on June 22, 2002 to provide
written notice ("option notice") to Marinwood Holdings Limited exercising its "option to
purchase" .
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Should the City not exercise its "option to purchase" within the 120 day period, the
agreement generally becomes null and void. In the event the City does not exercise its
purchase option within 120 days of receipt of the development notice, and in the event the
owner has not commenced construction within two years of delivery of the development
notice, the City's purchase option will be reinstated for the unexpired period of the option
term. It is our understanding that Marinwood Holding Limited fully intends to develop the
option lands, should the City not exercise its option to purchase.
In addition, the agreement contains specific terms and conditions respecting the sale of the
option lands such as, but not limited to, time limits for completing the sale, ensuring that the
City receives the option lands with clear title, adjustments to purchase price on account of
realty taxes and local improvement rates, and that the option lands are sold clear of all
foundations, buildings and structures of any nature or kind.
1.2 Acquisition of "Option Lands"
-
The City's Operations & Emergency Services and Planning & Development Departments
both recommend that Council exercise its option and purchase the lands. The lands are
strategically situated adjacent to Frenchman's Bay such that they will provide a valuable
resource to the enhancement of the Waterfront Trail System and to the potential expansion
of the Bayshore Tot Lot. Portions of the land are anticipated to accommodate a section of
the waterfront trail connecting to Bayly Street through Begley Street. Other lands may be
added to the Bayshore Tot Lot which is accessed from both Albacore Manor and
Tanzer Court. Conceptual plans and designs for the park expansion would occur through
future budgets.
Purchase of these lands for Park/Open Space purposes assists in achieving an objective of
the Pickering Official Plan to maintain a healthy ecological system. Lands used for open
space purposes not only maintain ecological health, but also promote physical and mental
health of City residents. The transportation policies of the Official Plan state that
City Council shall endeavour to pursue and maintain an interconnected system of trails and
bikeways within the urban and rural areas including connections to the Lake Ontario
Waterfront Trail.
Report to Council PD 19-02
Date: April 2, 2002
107
Subject: Option Lands and Option To Purchase Agreement
Page 4
1.3 Funds for Acquisition
-
The City's Director, Corporate Services & Treasurer has confirmed that the funds required
to acquire the "option lands" are available in the Parkland Acquisition Account (account
number 4230). No land appraisal of the option lands is required as the value of the land has
been established within the "Option to Purchase Agreement".
A TT ACHMENTS:
1.
2.
Location Map
Applicant's Submitted Plan
Prepared By:
Approved 1 Endorsed By:
--
Everett Bunt a, .D., C.M.M.
Director, Operations & Emergency Services
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Attachments
Copy: Chief Administrative Officer
Recommended for the consideration of Pickering
City Council
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FRENCHMAN's
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City of Pickering
PROPERTY DESCRIPTION PARTS 7 AND 11, 40R-17911
OWNER MARINWOOD HOLDINGS LTD.
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Planning & Development Department
APPLICATION No.
FOR DEPARTMENT USE ONLY
DATE APR. 8, 2002
SCALE 1 :5000
DRAWN BY RC
CHECKED BY TB
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