Report to/Rapport au :
and Council / et au
Conseil
10 February 2012
/ le 10 février 2012
Submitted by/Soumis par : Nancy Schepers, Deputy City Manager/Directrice
municipale adjointe, Planning and Infrastructure/Urbanisme et Infrastructure
Contact Person/Personne ressource : Derrick Moodie, A/Manager -
Development Review - Suburban Services
Planning and Growth
Management/Urbanisme et Gestion de la croissance
(613) 580-2424 x 15134,
derrick.moodie@ottawa.ca
|
Ref N°: ACS2012-PAI-PGM-0048 |
REPORT RECOMMENDATIONS
That Planning Committee recommends that Council:
1.
Authorize
the City to enter into a Front-Ending Agreement with Mattamy (Tenth Line)
Limited to enable the design and construction of two neighbourhood parks – Summerside
Phases I and II Parks – in accordance with the Council approved Park and Trail
Front-Ending Policy contained in Document 4 and the Front Ending Agreement
Principles set out in Document 3 to the satisfaction of the ISCS Deputy City
Manager and the City Clerk and Solicitor;
2.
Authorize
the expenditure of $539,361 plus applicable taxes for reimbursement of design
and construction costs for Summerside Phases I and II Parks, as detailed in
this report, subject to the execution of a Front Ending Agreement for each park
with the reimbursement to occur in two instalments: $223,329 plus applicable taxes
in 2015 for the Phase I Park; and $316,032 plus applicable taxes in 2017 for
the Phase II Park; and
3.
Authorize
that the growth portion of the works be funded from development charges and the
non-growth portion be funded from the City-Wide Cash-in-Lieu of Parkland Reserve
Fund.
RECOMMANDATIONS DU RAPPORT
Que le Comité de
l’urbanisme recommande ce qui suit au Conseil :
1.
Autoriser la Ville à conclure une
entente initiale avec la firme Mattamy (Tenth Line) Limited, afin de permettre
la conception et la construction de deux parcs de quartier : le parc
Summerside Phase I à l’angle de Portobello et Sunshine, et le parc Summerside
Phase II à l’angle de Serra et Solstice, conformément à la politique initiale sur les parcs et les sentiers approuvée par
le Conseil et figurant dans le document 4, et les principes d’entente
initiale établis dans le document 3, à la satisfaction du directeur municipal
adjoint, Urbanisme et Gestion de la croissance, et du greffier municipal et
chef du contentieux;
2.
Autoriser le versement de
539 690 $, taxes en sus, pour le remboursement des coûts de
conception et de construction des parcs Summerside Phase I et Phase II, tel
qu’exposé en détail dans le rapport, sous réserve de l’exécution d’une entente
initiale pour chaque parc. Le remboursement doit être effectué en deux
versements : 223 465 $, taxes en sus, en 2015 pour le parc de la
Phase I, et 316 225 $, taxes en sus, en 2017 pour le parc de la Phase
II; et
3.
Autoriser le financement du volet
croissance des travaux à partir des redevances d’aménagement, et celui de la
partie des travaux non liée à la croissance à l’aide du fonds
de réserve municipal provenant du règlement financier des frais relatifs aux terrains à
vocation de parc.
BACKGROUND
The subdivision agreement for Summerside Phase I was registered in August, 2011. The draft plan of subdivision for Summerside Phase II was approved in September and registration is anticipated soon. Both agreements contain the standard condition giving an option for the developer to front-end the park, which is in accordance with City Policy and the Strategic Plan. Mattamy has requested to front-end the parks so that they can be built concurrently with the subdivisions. The locations are shown in Documents 1 and 2.
DISCUSSION
Summerside Phase I Park is a 0.53 hectare park that will serve primarily its immediate neighbourhood. Under the current 10-year park budget forecast, this park is scheduled for funding in 2015. Summerside Phase II Park is a 0.75 hectare park that will serve primarily its immediate neighbourhood. Under the 10-year park budget forecast, this park is scheduled for funding in 2017. Mattamy has requested that they front-end the design and construction of both parks so that they can be delivered to their communities in a shorter time frame than through typical City-build practice. Front-ending will be a benefit to the community as the parks will be completed during the early stages of subdivision development, and will be available for use by early occupants. There will be less disruption to the new community as park construction will occur concurrently with subdivision construction.
Facilities in the two parks will include a variety of park amenities such as playgrounds, shade structure, pathways, tree planting, benches, potentially a small puddle rink, splashpad and mini-soccer field.
The City’s Front-ending policy was approved in February 2011 providing an opportunity for the City to bring forward construction of parks following a request by the developer.
RURAL IMPLICATIONS
There are no implications.
CONSULTATION
As there are no existing surrounding communities at this stage of development, there was no ability to hold public consultation meetings. However, consultation will occur with City staff, the Councillor and the Community Association during the concept design phase of the parks.
COMMENTS BY THE WARD COUNCILLOR
Councillor Stephen Blais is aware of this report.
LEGAL IMPLICATIONS
There are no legal implications associated with this report.
RISK MANAGEMENT IMPLICATIONS
There are no risk implications.
CITY STRATEGIC PLAN
Bringing forward Summerside Phase I and II Parks is in line with:
· Strategic Priority HC2: Healthy and Caring Community: Provide accessible, inclusive and quality parks, recreation services and urban spaces for leisure, arts and heritage that respond to demographic trends in population and activity; and
· The intent of the new Parks Front-Ending policy approved by Council in 2011 to provide parks in a timelier manner which keeps pace with development.
TECHNOLOGY IMPLICATIONS
There are no direct technical implications associated with this report.
FINANCIAL IMPLICATIONS
Reimbursement of design and construction costs for Summerside Phases I and II Parks are outlined in the table below.
Up-set limits are based on the current rate of development charges for parks. The annual operating impact for Summerside Phase I park is estimated at $15,000 beginning in 2014; and $25,000 for Summerside Phase II park $25,000 beginning in 2015.
|
Development Charge Item |
Up-Set Limit |
Criteria for Repayment |
|
Design and Construction of Summerside Phase I Park |
$223,329 plus applicable taxes |
Repayment based on actual cost of park to an upset limit of $223,329 + applicable taxes, on acceptance of the park and no sooner than 2015. |
|
Design and Construction of Summerside Phase II Park |
$316,032 plus applicable taxes |
Repayment based on actual cost of park to an upset limit of $316,032 + tax applicable taxes, on acceptance of the park and no sooner than 2017. |
|
Total |
$539,361 plus applicable taxes |
|
ACCESSIBILITY IMPLICATIONS
The park designs will apply the accessibility lens.
SUPPORTING DOCUMENTATION
Document 1 Location of Summerside Phase I Park
Document 2 Location of Summerside Phase II Park
Document 3 Front-Ending Agreement Principles
Document 4 Park and Trail Front-Ending Policy
DISPOSITION
Legal Services will prepare the final form of the agreement in consultation with the Planning and Growth Management Department, Infrastructure Services and Community Sustainability Branch.
Location of
Summerside Phase I Park
DOCUMENT
1
Location of Summerside Phase II Park DOCUMENT 2
FRONT-ENDING AGREEMENT PRINCIPLES DOCUMENT 3
1. The parks shall be designed and constructed in accordance with City planning priorities, to City and all applicable regulatory standards and the City’s purchasing policy of a competitive procurement process.
2. Reimbursement by the City to Mattamy (Tenth Line) Limited will be based on actual park cost, and will be in two instalments to an upset limit of $223,465 in 2015 and $316,225 in 2017.
3. Mattamy (Tenth Line) Limited shall agree to all terms and conditions for design, construction and maintenance of the parks, in accordance with City and regulatory standards, to the satisfaction of the General Manager Planning and Growth Management and the General Manager, Infrastructure Services.
4. All operating and maintenance costs associated with the park property will be the responsibility of Mattamy (Tenth Line) Limited until take-over by the City, to the satisfaction of the General Manager, Planning and Growth Management.
5. Park construction is to commence no later than September 1, 2012 for Summerside Phase I Park and no later than 12 months following registration of the subdivision agreement for Summerside Phase II Park.
6. No repayment may occur until park construction is complete and to the satisfaction of the General Manager Planning and Growth Management and the General Manager, Infrastructure Services.
7. The letter of credit for the registered subdivisions in which the parks are situated will not be reduced beyond what is required for the works associated with the subdivision plus the cost of the front-ended parks works until such time as the front-ended parks works are accepted by the City.
8. Mattamy (Tenth Line) Limited and the City shall commit by way of agreement to the terms noted in sections 1- 7.
PARK AND TRAIL
FRONT-ENDING POLICY DOCUMENT
4
POLITIQUE INITIALE RELATIVE AUX PARCS ET AUX SENTIERS
ACS2011-ICS-PGM-0040 CITY WIDE/À L'ÉCHELLE DE LA VILLE
Front-ending
agreements for parks and trails are requested by developers who wish to have
specific new growth-related park and trail works in place in advance of the
City’s capital project funding for emplacement of these same works.
Developers may voluntarily agree to finance the works at the “front end” and
recover their costs from the City at a later date. The following
conditions must be met for the City to enter into a front-ending agreement for
parks and trails:
1.
All front-ending agreements with the City will be
for new park and trail growth-related capital works that have been included in
the City's Development Charges Background Study. A park front-ending agreement
is only available for parkettes and neighbourhood parks.
2.
The contract for front-ended works shall be awarded
by the front-ender in accordance with the City’s Purchasing Policy of a
competitive procurement process and subject to the review and satisfaction of
the General Manager, Planning and Growth Management Department. Where the
front-ender does not award the work in accordance with the City’s purchasing
policy, they must demonstrate that competitive pricing has been obtained,
through analysis of an independent, qualified professional, to the satisfaction
of the General Manager, Planning and Growth Management Department. The
contract for the work must be made available to the City to provide to the
public.
3.
A lump sum payment, both the development charge
portion and the City portion, will be paid back to the front-ender in the year
the project is identifed in the City's Development Charges Background Study
based on the 10-year capital program at the time the front-ending agreement is
approved.
4.
The capital project upset limit for design and
construction, project management and contingency shall be established in the
Council report approving the front-ending agreement in accordance with the
Development Charge By-law and shall be incorporated into the agreement.
Any expenditures incurred above and beyond the amount approved in the agreement
cannot be claimed and must be incurred by the front-ender.
5.
Where a
front-ender is eligible for reimbursement, documentation is required to support
the reimbursement in accordance with the City’s Purchasing Policy. The
front-ending agreement shall identify what documentation and at which stage it
shall be required.
6.
A report to Council is required to authorize staff
to enter into a front-ending agreement. The recommendation will include
the financial commitment of the City and specify the funding source(s) and the
project timeline. The financial comment in the report will specify the
timelines for repayment, an operating budget impact and an estimate of the year
in which the operating budget impact will begin. The report will also
specify that the letter of credit for the registered subdivision in which the
park is situated with not be reduced beyond what is required for the works
associated with the subdivision plus the cost of the front-ended works until
such time as the front-ended works are accepted by the City. A capital
project will be established upon Council approval to enter into the
front-ending agreement.