11.          FRONT-ENDING AGREEMENT FOR VISTA PARK

 

ENTENTE INITIALE RELATIVE AU PARC VISTA

 

 

 

Committee recommendationS as amended

 

That Council:

 

1.                  Approve a Front-Ending Agreement with Minto Communities Inc. for the construction of Vista Park, a 4.18 ha Community Park located at 720 Vistapark Drive in the Avalon South community, based on the Council approved front-ending Policy in Document 2, with the final form and content of the Front-Ending Agreement being in accordance with the principles set out in Document 3 to the satisfaction of the of the Deputy City Manager, Infrastructure Services and Community Sustainability and the City Clerk and Solicitor;

 

2.                  Approve an exception to the Front-Ending Policy to include a community park;

 

3.                  Approve acceptance of a certified cheque in the amount of $500,000 and the balance of $1,351,000 as a letter of credit to a total amount of $1,851,000 so that the City can begin construction of Vista Park; and

 

4.                  Authorise the expenditure of $1,851,000 to reimburse Minto Communities Inc. for the construction of Vista Park subject to the execution of the Front-Ending Agreement, with reimbursement to occur in two equal installments of $925,500 in 2013 and 2014 respectively.

 

 

RecommandationS MODIFIÉES DU Comité

 

Que le Conseil :

 

1.                  autorise la Ville à conclure une entente initiale avec Minto Communities Inc. pour la construction du parc Vista, un parc communautaire d’une superficie de 4,18 hectares situé au 720, route Vistapark, dans la collectivité d’Avalon Sud. L’entente initiale sera fondée sur la politique initiale telle qu’elle a été approuvée par le Conseil et établie dans le document 2, et sur le contenu et la forme de l’entente initiale conformément aux principes établis dans le document 3, à la satisfaction de la directrice municipale adjointe, Services d’infrastructure et Viabilité des collectivités, et du greffier et chef du contentieux;

 

2.                  autorise une exception à la politique initiale visant à inclure un parc communautaire, étant donné que la politique restreint la possibilité aux petits parcs;

 

3.                  autorise la Ville à accepter un chèque certifié au montant de 500 000 $ ainsi qu’un solde de 1 351 000 $ sous la forme d’une lettre de crédit, pour un montant total de 1 851 000 $, afin que la Ville puisse commencer la construction du parc Vista; et

 

4.                  autorise une dépense de 1 851 000 $ en vue de rembourser Minto Communities Inc. pour la construction du parc Vista, sous réserve de la signature de l’entente initiale. Le remboursement sera effectué en deux versements égaux de 925 000 $ qui seront effectués en 2013 et en 2014 respectivement.

 

 

Documentation

 

1.      Deputy City Manager's report, Infrastructure Services and Community Sustainability, dated 29 July 2011 (ACS2011-ICS-PGM-0168).

 

2.      Extract of Draft Minutes 18, Planning Committee meeting of 15 August 2011

 


Report to/Rapport au :

 

Planning Committee / Comité de l’urbanisme

 

and Council / et au Conseil

 

29 July 2011 / le 29 juilllet 2011

 

Submitted by/Soumis par : Nancy Schepers, Deputy City Manager, Directrice municipale adjointe, Infrastructure Services and Community Sustainability, Services d'infrastructure et Viabilité des collectivités

 

Contact Person/Personne ressource : John L. Moser, General Manager/Directeur général, Planning and Growth Management/Urbanisme et Gestion de la croissance

(613) 580-2424 x 28869, John.Moser@ottawa.ca

 

 

Ward (19)

Ref N°: ACS2011-ICS-PGM-0168

 

 

SUBJECT:

 

Front-ending agreement for Vista Park

 

OBJET :

 

Entente initiale relative au parc Vista

 

REPORT RECOMMENDATIONS

 

That Planning Committee recommend Council:

 

1.                  Approve a Front-Ending Agreement with Minto Communities Inc. for the construction of Vista Park, a 4.18 ha Community Park located at 720 Vistapark Drive in the Avalon South community, based on the Council approved front-ending Policy in Document 2, with the final form and content of the Front-Ending Agreement being in accordance with the principles set out in Document 3 to the satisfaction of the of the Deputy City Manager, Infrastructure Services and Community Sustainability and the City Clerk and Solicitor;

 

2.                  Approve an exception to the Front-Ending Policy to include a community park;

 

3.                  Approve acceptance of a certified cheque in the amount of $500,000 and the balance of $1,351,000 as a letter of credit to a total amount of $1,851,000 so that the City can begin construction of Vista Park; and

 

4.                  Authorise the expenditure of $1,851,000plus applicable taxes to reimburse Minto Communities Inc. for the construction of Vista Park subject to the execution of the Front-Ending Agreement, with reimbursement to occur in two equal installments of $925,500 plus applicable taxes in 2013 and 2014 respectively.

 

 

RecommandationS du rapport

 

Le Comité de l’urbanisme recommande au Conseil :

 

1.                  d’autoriser la Ville à conclure une entente initiale avec Minto Communities Inc. pour la construction du parc Vista, un parc communautaire d’une superficie de 4,18 hectares situé au 720, route Vistapark, dans la collectivité d’Avalon Sud. L’entente initiale sera fondée sur la politique initiale telle qu’elle a été approuvée par le Conseil et établie dans le document 2, et sur le contenu et la forme de l’entente initiale conformément aux principes établis dans le document 3, à la satisfaction de la directrice municipale adjointe, Services d’infrastructure et Viabilité des collectivités, et du greffier et chef du contentieux;

 

2.                  d’autoriser une exception à la politique initiale visant à inclure un parc communautaire, étant donné que la politique restreint la possibilité aux petits parcs;

 

3.                  d’autoriser la Ville à accepter un chèque certifié au montant de 500 000 $ ainsi qu’un solde de 1 351 000 $ sous la forme d’une lettre de crédit, pour un montant total de 1 851 000 $, afin que la Ville puisse commencer la construction du parc Vista; et

 

4.                  d’autoriser une dépense de 1 851 000 $ en vue de rembourser Minto Communities Inc. pour la construction du parc Vista, sous réserve de la signature de l’entente initiale. Le remboursement sera effectué en deux versements égaux de 925 000 $ plus les taxes en vigueur qui seront effectués en 2013 et en 2014 respectivement.

 

 

Background

 

The subject 4.18 ha Community Park is located in Stage 11 of the Minto Avalon South community in Orleans.  The location is shown in Document 1.  Stage 11 was registered in 2008, is 100% built out and is 95% occupied.

 

The park also directly borders Stages 7, 10A, 12 and 13 of the Avalon South development.  Stage 7 was registered in 2005 and has been fully built out and occupied since 2007. Stage 10A was registered in 2007 and was fully built out and occupied by 2009.  Stage 12 was registered in 2009 and is now fully built and 95% occupied.  Stage 13 was recently registered.  The five phases of development represent 1,483 new residences corresponding to an estimated 4,303 new residents that the park will serve, not including other additional stages in the catchment area for the park. The park has been lying fallow for six years.


 

DISCUSSION

 

Vista Park was planned as part of Cumberland Neighbourhood 4 as shown in the Development Guideline dated March 8, 2004.  Cumberland Neighbourhood 4 is now mostly built out.  Due to the residential growth in the area, there is increasing demand for the park from residents, as demonstrated by the many enquiries and requests to staff and the Councillor’s office.

 

Under the current 10-year park budget forecast, Vista Park is not scheduled for funding until 2013 and 2014, due to City budget constraints.

 

The City’s front ending policy for parks was recently approved, and provides an opportunity for the City to bring forward construction of Vista Park with the voluntary front-ending of cash by the subdivision developer.  Minto Communities Inc. have agreed to provide a certified cheque for $500,000 and the balance of $1,351,000 as a letter of credit to a total amount of $1,851,000 for the construction of Vista Park.  Two other cash payments totalling $1,351,000 with appropriate reductions on the credit will occur in accordance with the construction schedule.  The payments and letter of credit will be provided on the understanding that the City will provide reimbursement via two payments of $925,500 each in 2013 and 2014.

 

Due to the complexity, size and nature of this park, staff prefers to act as the project manager.  The City’s Infrastructure Services Department has indicated that they are prepared to begin the construction process for the park immediately upon Council approval of the front-ending agreement and the provision of the funds by Minto Communities Inc.  The park has already been designed under a separate budget approved by Council in 2007 and the Concept Plan has met the general approval of staff, the public and the Ward Councillor.

 

Facilities will include a variety of park amenities such as playing fields, play grounds, skating areas, basketball, skateboard area, recreational paths, a small parking area, a site for a future small community building / field house, planting and benches. The future community building / field house is to be funded and built separately and is outside the scope of this project.

 

Once the park has been constructed and accepted by the City, the Public Works Department will assume responsibility for maintenance and associated costs.  This is a normal process for all City parks.  The Parks and Recreation and Cultural Services Department will become responsible for programming amenities such as the sports fields and skating rinks, along with associated costs.  Planning and Growth Management is in contact with these departments and exchanges information on upcoming parks so that they may be included in their budget planning.

 

The advantages of front-ending the construction budget in a lump sum are:

 

·                     The park will be built in a timelier manner to serve local, wider area and rural residents.

·                     Financial streamlining will be achieved with a single construction contract for the park, rather than two separate contracts under the City’s planned 2-phase budget.  As the budget is fixed, this will translate to more amenities for the park.

·                     A shorter construction period will result from a single construction contract for the park.  As the City’s Infrastructure Services Department has the capacity to take on this project, we can use our normal park construction process to City standards, as opposed to a developer constructed front-ending process where City standards and best practises may not be ensured.

 

As the Park and Trail Front-Ending Policy only contemplated the front-ending of smaller Neighbourhood Parks and Parkettes, it will be necessary to authorize an exception to the Policy to include Vista Park which is a larger Community Park.

 

RURAL IMPLICATIONS

 

Since Vista Park is located close to the urban boundary, it is envisaged that rural residents to the south may drive to use the parks facilities, such as sports fields, playgrounds and skating rinks.  Parking for approximately 25 vehicles is planned in the park.

 

CONSULTATION

 

Although not mandated under the Planning Act, it is common practice in the City to consult with the local community on park designs. A consultation has already been held for the Park Concept Plan and the design has already received general approval by staff, the public and the Ward Councillor.

 

Notification of the consultation was made via informational flyer delivered to all residences south of Innes Road, between Tenth Line Road and Trim Road and opportunity was given to comment on the Concept Plan.

 

Comments by the Ward Councillor

 

Councillor Stephen Blais concurs with the report.

 

 

LEGAL IMPLICATIONS

 

There are no legal impediments to implementing the recommendations in this report.

 

RISK MANAGEMENT IMPLICATIONS

 

There are no risk implications.

 

 

FINANCIAL IMPLICATIONS

 

In accordance with the Council approved budget estimate, the amount for construction of Vista Park is $1,851,000 plus applicable taxes. These amounts include project management and any contingencies. All costs incurred must be justified and include supporting invoices and payment certificates.

 

The repayment of front-ended capital projects is based on the schedule of timing identified in the 2009 DC Study, which was a recommendation approved in the DC Policy Framework report.

 

Minto Communities Inc. will be entitled to reimbursement to an upset limit of $1,851,000 plus applicable taxes to be reimbursed in 2 equal instalments of $925,500 plus applicable taxes in 2013 and 2014 respectively, subject to satisfactory completion of the works, and in accordance with the Front-Ending Agreement principles and the Council-approved Park and Trail Front-Ending Policy noted in Documents 2 and 3 respectively.

Should the cost exceed the upset limit, the additional cost shall be borne by the developers and the City shall not be obligated to compensate for additional costs. 

 

Environmental Implications

 

The site is currently left fallow and is full of weeds.  There is some standing water as drainage issues have not yet been adequately addressed.  Sporadic dumping of household items and garden waste are occuring.  Bringing forward construction of the park through a front-ending agreement will provide better drainage, a better maintained appearance in addition to providing recreational opportunities for local residents.  The park is a location where it is possible to install substantial plantings of large trees in an area where due to marine clay soils there is little significant planting within the subdivision.  Naturalized areas of plantings are planned to reduce maintenance costs and increase habitats for wildlife.  Plantings and maintenance recommendations will be reviewed for drought tolerance and there is provision in the Concept Plan for increased Storm Water infiltration as opposed to run-off into the storm sewer system.

 

Technology Implications

 

There are no technology implications.

 

City Strategic Plan

 

Bringing Vista Park forward is in line with:

 

·                     Objectives under the Planning and Growth Management Priority, New Objective 1: Manage growth and create liveable communities by:  Ensuring that community facilities are built in tandem with new development.

·                     The Sustainable, Healthy and Active Priority, which notes the provision of 8 parks in 2011 and generally notes a commitment by the City to provide better services to the Community.

·                     The intent of the new Parks Front-Ending policy approved by Council this year to provide parks in a timelier manner which keeps pace with development.

 

SUPPORTING DOCUMENTATION

 

Document 1    Location of Vista Park

Document 2    Front-Ending Agreement Principles

Document 3    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 Branch to complete the designs and project manage the tender and construction of the works.

 


Location of Vista Park                                                                            DOCUMENT 1

 

Document 1

 

 


Front-Ending Agreement Principles                                             DOCUMENT 2

 

 

1.                  Minto Communities Inc. is required to provide a certified cheque for $500,000 and the balance of $1,351,000 as a letter of credit to a total amount of $1,851,000 for the construction of Vista Park.  Two other cash payments totalling $1,351,000 with appropriate reductions on the credit will occur in accordance with the construction schedule.

 

2.                  Reimbursement by the City to Minto Communities Inc. will be in two instalments of $925,500 in 2013 and 2014.

 

3.                  The City shall act as project manager for all construction of Front-Ended works.  The contract for Front-Ended Works shall be awarded by the City and shall be in accordance with the City’s Purchasing Policy of a competitive procurement process and subject to the review and satisfaction of the General manager Infrastructure Services Department and the General Manager Planning and Growth Management Department.

 

4.                  Construction shall be in accordance with the City and all applicable regulatory standards.

 

5.                  Minto Communities Inc. and the City shall commit by way of agreement to the terms noted in sections 1-4.

 


Park and Trail Front-Ending Policy                                             DOCUMENT 3

 

 

6.                   Park and trail front-ending policy

Politique initiale relative aux parcs et aux sentiers

 

Committee recommendation

 

That Council approve the Park and Trail Front-Ending Policy, as detailed in Document 2.

 

 

Recommandation du comité

 

Que le Conseil approuve la Politique initiale relative aux parcs et aux sentiers, telle qu’elle est expliquée en détail dans le Document 2.

 

 

 

Documentation

 

1.         Deputy City Manager's report, Infrastructure Services and Community Sustainability (ACS2011-ICS-PGM-0040).

 

2.         Planning Committee Extract of Draft Minutes of 25 January 2011.


Report to/Rapport au :

 

Planning Committee

Comité de l'urbanisme

 

and Council / et au Conseil

 

Submitted by/Soumis par : Nancy Schepers, Deputy City Manager, Directrice municipale adjointe, Infrastructure Services and Community Sustainability, Services d'infrastructure et Viabilité des collectivités

 

Contact Person/Personne ressource : John L. Moser, General Manager/Directeur général, Planning and Growth Management/Urbanisme et Gestion de la croissance

(613) 580-2424 x 28869, John.Moser@ottawa.ca

 

City-Wide

Ref N°: ACS2011-ICS-PGM-0040

 

SUBJECT:

Park and trail front-ending policy

 

 

OBJET :

Politique initiale relative aux parcs et aux sentiers

 

 

REPORT RECOMMENDATION

 

That Planning Committee recommend Council approve the Park and Trail Front-Ending Policy, as detailed in Document 2.

 

RECOMMANDATION DU RAPPORT

 

Que le Comité de l’urbanisme recommande au Conseil d’approuver la Politique initiale relative aux parcs et aux sentiers, telle qu’elle est expliquée en détail dans le Document 2.

 

 

BACKGROUND

 

Development Charge legislation permits municipalities to enter into front-ending agreements with developers who require certain capital works to be completed sooner than the City’s forecasted schedule, with an agreement by the City to pay them back over time. On June 25, 2009, Council approved a revised Front-Ending Policy, which provides clear parameters outlining the circumstances when front-ending will be considered as an option for developers.  This policy has been specifically targeted to accommodate early implementation of hard services, such as stormwater management facilities.

 

As a result of an inquiry at Planning and Environment Committee on August 25, 2009 (Document 1), which identified a need for mechanisms to have soft services, such as parks, implemented earlier in the development process, staff put forward a park front-ending policy in a report to Planning and Environment Committee on August 24, 2010.  Prior to that meeting, the Greater Ottawa Home Builder's Association (GOHBA) requested that the report be withdrawn from the August 24, 2010 Planning and Environment Committee meeting in order to allow for further discussions between the City and the GOHBA.  As a result, Planning and Environment Committee referred the report to staff.  Staff have since met with representatives of GOHBA and their solicitors and revised some aspects of the park front-ending policies based on the discussions and feedback received.  One change that has been made as a result of these discussions is the inclusion of trails within the front-ending policy.

 

A front‑ending policy for parks and trails has been deemed necessary in order to better achieve Council’s objectives of developing complete and sustainable neighbourhoods by facilitating earlier implementation of these soft services.  The lack of front-ending policies specific to parks and trails has been a deterrent to developers interested in front-ending, as the process has lacked consistency and clarity.  The Park and Trail Front-Ending Policy (Document 2) will allow for a consistent approach to front-ending of parks and trails, and will alleviate unnecessary negotiations with developers on matters that are best addressed through a City-wide Council approved policy.

 

DISCUSSION

 

Front-ending presents an opportunity to provide much-needed parks and local trails in developing communities sooner than what the City is able to provide when conventional park design and development processes are followed.  Owing to funding and legislative constraints, conventional avenues taken to design and develop parks and trails means that they are often completed well after the surrounding benefitting community has been built and homes have been occupied.  Front-ending presents an opportunity to have parks and trails in place earlier.  Early  development of soft services through front-ending is often viewed as an attractive opportunity by the developer, as established parks and trails can be used as a marketing tool by offering more complete and sustainable neighbourhoods to homebuyers seeking to purchase homes in earlier phases of a new development.  The Park and Trail Front-Ending Policy provides a consistent and clear policy framework that protects the City’s interests, benefits the developer by identifying the City’s expectations up-front, and delivers a much needed amenity earlier for the neighbouring community.  These policies have been developed with the goal of increasing up-take of the option to front-end parks and trails by the development community, and timelier implementation of these amenities in developing communities.

 

Park and Trail Front-Ending Policy

 

The Park and Trail Front-Ending Policy has been developed with the objective of ensuring that such agreements  do not have a negative financial impact on the City.  The advancement of the park and trail works should not increase the City’s costs related to the construction of the project, but the acceleration will itself increase the operating and maintenance costs.  The policies outline that a front-ending agreement will specify appropriate timelines for payback, firm upset limits, and that securities will be held in an amount that is equal to the project upset limit.  Upset limits for front-ended parks and trails will be specified in a standardized Front-Ending Agreement and in accordance with the Development Charges By-law.

 

The Park and Trail Front-Ending Policy limits the option of voluntarily front-ending of parks to smaller parks including parkettes and neighbourhood parks.  In spite of this limitation, there will be an overall benefit to all parks development, as one of the objectives of facilitating more uptake of front-ending for smaller parks is to free up staff time to focus on design and development of larger community and district parks, which due to their size and complexity, cannot reasonably be considered for front-ending.

 

A typical community trail has been assumed to be unpaved (stone dust), approximately 3.0 metres wide and located adjacent to watercourses, within hydro corridors, and within urban natural features (excluding stormwater ponds).  The developer is to be responsible for all connections to park blocks, walkway blocks, stormwater management ponds and other trails within the subdivision that connect neighbourhoods and/or allow subdivisions to be connected by pedestrian routes. Likewise transportation-related multi-use pathways which are not currently covered by development charges would not be eligible for front ending.

 

Standard Front-Ending Agreement

 

Upon approval of this report's recommendation, a standard Front-Ending Agreement format will be developed that will provide a clear and consistent way of addressing the requirements outlined in the Park and Trail Front-Ending Policy and will create a more efficient approval process.  The front‑ending agreement need not be a stand-alone agreement, as it can be integrated with an appropriate development agreement where such is available.  A report to Council will be required to authorize staff to enter into a front-ending agreement.

 

For each project, the report to Council and the front-ending agreement will specify the developer’s involvement in the park or trail development.  For parks, developers may have the option of front‑ending both the design and construction, or the construction only, depending on the particular circumstances.  When the developer is involved in the design of a park, the agreement will specify that plans must be drawn by a qualified professional, in consultation with the City, and will be constructed to the City’s specifications.  If a developer is only front-ending the construction of a park, the agreement will tie that developer to implementing specific design plans to the City’s specifications.  For all front-ended park and trial projects, the agreement will outline the specific documentation that will be required as proof of expenditures, the specific upset limit for a project, requirements for inspections and reimbursements, and repayment timeline and parametres.

 

RURAL IMPLICATIONS

 

The Park and Trail Front-Ending Policy would apply City-wide, giving both the rural and urban areas equal opportunity to benefit from earlier park and trail development.  Within the rural area this policy would mostly impact park and trail development within village boundaries, as this is where the majority of new rural residential subdivisions are being located.


 

CONSULTATION

 

Prior to drafting the original Park Front Ending Report, which was referred back to staff at the August 24, 2010 Planning and Environment Committee, a steering committee was struck which included staff from Planning and Growth Management Department, Parks and Recreation Department and Legal Services Branch.  The Park Front Ending Policy was put before the Planning Liaison Sub-Committee at the April 9, 2010 meeting for review and comment.

 

Prior to the August 24, 2010 Planning and Environment Committee meeting, when the Park Front Ending Report was to be heard, the GOHBA requested the item be removed from the agenda to allow for further consultation and discussion with the City.  Since August 2010, staff have met with representatives of the GOHBA and their solicitors on a number of occasions and the revised policy (Document 2) was put before this group in December 2010 for review and comment.

 

COMMENTS BY THE WARD COUNCILLOR(S)

 

N/A

 

LEGAL/RISK MANAGEMENT IMPLICATIONS

 

This recommendation in this report are consistent with and form part of the resolution of the appeal to the park component of the development charge by-law.

 

TECHNICAL IMPLICATIONS

 

N/A

 

FINANCIAL IMPLICATIONS

 

The City will reimburse the front-ender a lump sum payment  in the year(s) that the project budget is appoved by Council, based on the 10-year capital program at the time the front-ending agreement is approved.  The amount reimbursed to the front-ender is not to exceed the amount approved by Council, plus any applicable taxes, at the time of the front-ending agreement.

 

SUPPORTING DOCUMENTATION

 

Document 1    Council Member Inquiry PEC 07-09

Document 2    Park and Trail Front-Ending Agreement

 

DISPOSITION

 

Staff will implement the proposed Park and Trail Front-Ending Policy upon Council approval.

 


COUNCIL MEMBER INQUIRY                                                                        DOCUMENT 1

 

Council Member Inquiry/Motion Form

Demande de renseignements d’un membre du Conseil /Formulaire de motion

 

From/Exp. :  Councillor P. Hume

Date :  26 August 2009

File/Dossier :  PEC 07-09

 

To/Dest. :   Nancy Schepers, Deputy City Manager, ICSC

                   John Moser, General Manager, Planning and Growth Management

 

Subject/Objet :

 

Inquiry/Demande de renseignements

 

At the 25 August 2009 meeting of the Planning and Environment Committee, Councillor Hume raised the following inquiry:

 

City Council’s priority is to create complete and sustainable communities especially in green field or new subdivision situations. However, policies related to the use of development charges and other fiscal tools restrict the City’s ability to provide timely community facilities. What policy changes would be required to allow for a timelier implementation of community facilities – parks, community buildings and recreation centres in suburban and developing areas?

 

 


PARK AND TRAIL FRONT-ENDING POLICY                                             DOCUMENT 2

 

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 identified 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.


 

PARK AND TRAIL FRONT-ENDING POLICY

POLITIQUE INITIALE RELATIVE AUX PARCS ET AUX SENTIERS

ACS2011-ICS-PGM-0040                                           CITY WIDE/À L'ÉCHELLE DE LA VILLE

 

Committee considered and heard delegations on four reports pertaining to provision of parkland, listed as Items 8 through 11 on the agenda:

·          Item 8 - Cash-in-lieu of Parkland Funds Policy

·          Item 9 - Park and Trail Front-Ending Policy

·          Item 10 - Amendment to the Development Charges By-Law 2009-216 with respect to the Parks Development Service Component

·          Item 11 - Amendment to the Conditions for Draft Approval of Plan of Subdivision – Parks

Committee discussed these reports together, before approving each separately.

 

Dr. Ranjit Perera spoke to Items eight through 11 (Cash-in-lieu of Parkland Funds Policy; Park and Trail Front-Ending Policy; Amendment to the Development Charges By-Law 2009-216 with respect to the Parks Development Service Component; and  Amendment to the Conditions for Draft Approval of Plan of Subdivision – Parks)  He noted that he had a development application in Cumberland, and had obtained draft plan approval, but the process had been going on for three years.  He noted that he had appeared before the Ontario Municipal Board with respect to certain conditions related to parkland approval. He objected to the fact that rural and urban areas were being treated equally with respect to the provision of parkland and associated policies.  He also objected to the increase in the cost associated with parkland. Finally, he objected to the requirements that developments must meet in parkland areas, particularly for rural developments.

 

Pierre Dufresne, Greater Ottawa Homebuilders Association, spoke in support of Items nine through 11 (Park and Trail Front-Ending Policy; Amendment to the Development Charges By-Law 2009-216 with respect to the Parks Development Service Component; and  Amendment to the Conditions for Draft Approval of Plan of Subdivision – Parks).  Specifically, he spoke to the process that led to the development of these reports, which involved the homebuilders working with staff to develop a series of recommendations to improve the way parkland is funded and provided for in new developments.  He suggested the new front-ending provisions would allow developers to front-end the parks with some recognition that they will be paid back at a committed time.  With the development charge amendments, the City would now have enough funding to complete all works within the parks, and developers would not be asked on a site-by-site basis to complete matters that are outside the scope of the budget.  In conclusion, he suggested this had been a successful endeavour, and looked forward to conducting business with staff in a similar manner in the future.

 

Chair Hume noted that the City would be again seeking their input as part of the next review of the Development Charge Bylaw to see what adjustments need to be made in keeping with the principle of creating sustainable suburban communities. 

He suggested these initiatives were a positive step on the part of the industry in working towards rectifying the deficiency in the funding for implementation of parks.

 

Councillor Harder supported the relationship the City was building with development community, suggesting it was a long time coming. She noted that they had been talking for years about building parks faster, and the suggested this was another positive step, building upon the 2010 initiative by Councillor Hume and herself that had resulted in revisions to the development charge funding policy to allow for the prioritization of the construction of new community-based recreational infrastructure by expanding the use of growth-related debt.

 

On this particular report, Committee had the following discussions and debate:

 

On the front-ending policy, Councillor Bloess noted that this policy was designed for smaller neighbourhood parks and parkettes, and wondered why it was restricted and did not speak to all parks in a new development.  Mr. Moser indicated the policy was geared to all parks with the exception of district parks, and the City had not contemplated using front-ending for major city-wide district park facilities.

 

Councillor Bloess noted that while the report spoke to this initiative not increasing the city’s costs, he suggested it would likely save money.

 

Committee approved the report recommendations, as presented.

 

That Planning Committee recommend Council approve the Park and Trail Front-Ending Policy, as detailed in Document 2.

 

                                                                                                                                          CARRIED

 

 


FRONT-ENDING AGREEMENT FOR VISTA PARK

ENTENTE INITIALE RELATIVE AU PARC VISTA

ACS2011-ICS-PGM-0168                                                            CUMBERLAND (19)

 

REPORT RECOMMENDATION

 

That Planning Committee recommend Council:

 

1.                  Approve a Front-Ending Agreement with Minto Communities Inc. for the construction of Vista Park, a 4.18 ha Community Park located at 720 Vistapark Drive in the Avalon South community, based on the Council approved front-ending Policy in Document 2, with the final form and content of the Front-Ending Agreement being in accordance with the principles set out in Document 3 to the satisfaction of the of the Deputy City Manager, Infrastructure Services and Community Sustainability and the City Clerk and Solicitor;

 

2.                  Approve an exception to the Front-Ending Policy to include a community park;

 

3.                  Approve acceptance of a certified cheque in the amount of $500,000 and the balance of $1,351,000 as a letter of credit to a total amount of $1,851,000 so that the City can begin construction of Vista Park; and

 

4.                  Authorise the expenditure of $1,851,000 plus applicable taxes to reimburse Minto Communities Inc. for the construction of Vista Park subject to the execution of the Front-Ending Agreement, with reimbursement to occur in two equal installments of $925,500 plus applicable taxes in 2013 and 2014 respectively.

 

MOTION NO PLC 18/7

 

Moved by Councillor S. Blais

 

BE IT RESOLVED THAT Recommendation 4 be amended to remove the words “plus applicable taxes.”

 

                                                                                                            CARRIED

 

The report recommendations were put to Committee and CARRIED, as amended.