Report
to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de
l'environnement
and /
et
Corporate
Services and Economic Development Committee
Comité des services organisationnels et du
développement économique
Submitted by/Soumis par : Ned Lathrop, General Manager/Directeur général,
Planning and Development / Urbanisme et Aménagement
Contact Person/Personne
ressource : Larry Morrison, Manager / Gestionnaire
Infrastructure Approvals / Approbation des
demandes d’infrastructure
(613) 580-2424 x27807, Larry.Morrison@ottawa.ca
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SUBJECT: |
EAST URBAN COMMUNITY STORM WATER
MANAGEMENT FACILITY POND # 3, REDESIGN
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OBJET : |
ÉTANG NO 3 DE L’INSTALLATION DE GESTION
DES EAUX PLUVIALES DE LA COMMUNAUTÉ URBAINE EST – NOUVELLE CONCEPTION |
REPORT RECOMMENDATIONS
That Planning and Environment Committee
recommend to Council that the City enter into a front-ending agreement with
Jean-Guy Rivard for the redesign of the EUC Pond 3 based upon the principles
set forth in Document 1 with the final form and content of the front-ending
agreement being to the satisfaction of the General Manager, Planning and
Development Department and the City Solicitor.
That Corporate Services and Economic Development Committee recommend to Council that the expenditure of $150,000 (or less) for the revision to the design of EUC Pond 3 be approved subject to the execution of the front-ending agreement.
RECOMMANDATIONS DU RAPPORT
Que le Comité de l’urbanisme et de
l’environnement recommande au Conseil municipal que la Ville signe une
convention initiale avec Jean-Guy Rivard pour la nouvelle conception de l’étang
3 de la CUE basée sur les principes indiqués au Document 1 et que la forme et
le contenu finals de la convention initiale satisfassent le directeur général
du Service de l’urbanisme et de l’aménagement et le chef du contentieux.
Que le Comité des services organisationnels
et du développement économique recommande au Conseil municipal que les dépenses
de 150 000 $ (ou moins) pour la révision de la conception de l’étang 3 de la
CUE soient approuvées sous réserve de la signature de la convention initiale.
BACKGROUND
The
Gloucester East Urban Community (EUC) is situated between Innes Road, Page
Road, Mer Bleue Boulevard and the Via Rail line adjacent to the Mer Bleue
Wetland. In 1992, the City of
Gloucester completed a Master Drainage Plan (MDP) Report, pursuant to the
Provincial Class EA process. The MDP
report identified a requirement for a storm water management pond, known as
Pond 3, to be situated at the south west limit of the EUC area, just south of Renaud
Road. In 2000, the City of Gloucester
completed a Schedule B Class EA and design, which further refined the design
details of Pond 3. Pond 3 will provide
storm outlet for approximately one third (190ha) of the EUC area, and it is
proposed to be situated on lands which are currently owned by Mr. Jean Guy
Rivard. A sketch of the drainage area
is attached as Document 2.
Because
the Rivard lands are situated within 120 metres of the Mer Bleue Wetlands, the
Official Plan required a Wetland Impact Study to be prepared. The original design of the pond was based
upon there being a buffer of 120 metres.
However, the Official Plan permits a buffer zone of less than 120
metres, provided that the reduction could be supported by appropriate
Environmental Studies. After extensive review by staff, the Conservation
Authority and environmental experts, a reduction in the buffer zone has been
accepted.
Mr. Rivard has now requested that a redesign of Pond 3 take place in order to maximize the yield within his lands.
DISCUSSION
The
estimated cost of the redesign of the pond is $150,000. Mr. Rivard is prepared to front-end the cost
of the redesign. However, Mr. Rivard
has requested that the redesign be included as a development charge item in the
current review of the City's Development Charge Background Study and
By-law. Should the Development Charge
By-law which includes EUC Pond 3 be approved without appeal, staff would bring
forward a proposal for Council's consideration to add the amount of the
redesign to the 2005 Capital Budget.
Subject to approval of the development charge and the item in the 2005
budget, Mr. Rivard would be then be paid back for the cost of the study.
It
is the opinion of staff that the possibility of the redesign of the pond is
worthy of examination. Given that the
studies provided by Mr. Rivard have indicated that development of lands in this
location within 120 metres of the Mer Bleu Wetland is possible in accordance
with the policies for the protection of wetlands, it is appropriate to
determine if the pond can be redesigned such that the development can take
place.
The
principles provided in Document 1 are such to ensure that:
a) The
redesign process is directed by the City;
b) The liability for the cost of the redesign is with Mr. Rivard until all required approvals are obtained; and
c) The obligation to repay Mr. Rivard for the redesign does not crystallize until the necessary funding is approved in a capital budget.
CONSULTATION
The majority of the effected developers with lands within the benefiting area have been contacted by Mr. Rivard's planning consultant and advised of the content of this report and are in support. All revisions to the design of the pond will comply with the Class Environmental Assessment process. Mr. Rivard has agreed to the principles set forth in Document 1.
FINANCIAL IMPLICATIONS
The estimated cost of the redesign of the pond is $150,000. Mr. Rivard is prepared to front-end the cost of the redesign. However, Mr. Rivard has requested that the redesign be included as a development charge item in the current review of the City's Development Charge Background Study and By-law. Should the Development Charge By-law which includes EUC Pond 3 be approved without appeal, staff would bring forward a proposal for council's consideration to add the amount of the redesign to the 2005 Capital Budget, Internal Order 900815 : DCA Stormwater Mgt. Fac. EUC Pond #3. Subject to approval of the development charge and the item in the 2005 budget, Mr. Rivard would then be paid back for the cost of the study.
SUPPORTING DOCUMENTATION
Document 1 - Conditions of Front-Ending Agreement
Document 2 - Reference Map
DISPOSITION
The final form of the agreement will be prepared by Legal Services in consultation with the Planning and Development Department.
Document 1
CONDITIONS OF FRONT-ENDING AGREEMENT
1. Mr. Rivard shall be required to post a letter of credit in the amount of $150,000.
2. The contract for the redesign shall be between the City and a consulting engineering firm. The City shall retain complete control over the terms of reference for the redesign of the pond and the provision of direction to the consulting firm conducting the redesign.
3. The estimated cost of the redesign must continue at all times to be $150,000 or less, inclusive of the Goods and Services Tax. Should the cost at any time exceed this amount, the City shall only be obliged to continue with the redesign if Mr. Rivard first provides security for the cost in excess of $150,000.
4. The City shall invoice Mr. Rivard upon completion of the redesign or upon a quarterly basis, whichever will lead to earlier payments to the City.
5. The City will undertake to exercise its best efforts to obtain all required regulatory approvals for the redesigned pond. However, in the event that the required approvals are not obtained, including the approval of a development charge by-law which permits the collection by the City of the cost of the original and redesign of the pond, there will be no obligation upon the City to repay Mr. Rivard for the cost of the redesign of the pond.
6. The repayment of the redesign costs shall only take place when Council has approved the necessary funds in a capital budget. Council is under no obligation to approve such funding.
Document 2
REFERENCE MAP
