DEVELOPMENT SERVICES COMMITTEE

 

 

 

 

 

TO:

Mayor and Members of Council

 

 

 

 

FROM:

Jim Baird, Commissioner of Development Services

Valerie Shuttleworth, Director of Planning & Urban Design

 

 

 

 

PREPARED BY:

Linda A. Irvine, Manager, Parks and Open Space Development

 

 

 

 

DATE OF MEETING:

2004-Mar-02

 

 

 

 

SUBJECT:

Up-fronting of the Design and Construction of a Neighborhood Park by 1473092 Ontario Ltd. in Metrus Development Inc.'s Upper Cornell

 

 

 

 

 

 

RECOMMENDATION:

THAT the report dated March 2, 2004, to Development Services Committee, entitled “Up-fronting of the Design and Construction a Neighbourhood Park by 1473092 Ontario Ltd. in Metrus Development Inc.’s Upper Cornell” be received.

 

AND THAT Council approve the request by 1473092 Ontario Ltd. to up-front the cost of design, construction and contract administration of the 4.72 acre neighbourhood park in Upper Cornell (Cornell Phase 6) subject to the following conditions:

 

  1. That 1473092 Ontario Ltd. up-front the cost of the design, construction and contract administration of the neighbourhood park to minimum value of $95,000.00 per acre which totals approximately $448,400.00 inclusive of all applicable taxes;

 

  1. That, subject to compliance with these terms and conditions, the Town of Markham reimburse 1473092 Ontario Ltd. up to $448,400.00 towards this project from development charges for park development under the understanding that 1473092 Ontario Ltd. may contribute additional funds, which will not be reimbursable by the Town, towards the development of this park;

 

  1. That the Town reimburse 1473092 Ontario Ltd. for invoices paid on a single lump sum basis for all approved costs associated with the design, construction and contract administration, including all applicable taxes, of the neighbourhood park up to a maximum of $448,400.00, less the 10% holdback to be released to them upon final assumption of the park by the Town, after sufficient Development Charges for park development have been collected (90% of a maximum of $448,400) at the building permit stage for residential lots within the Cornell Community to warrant repayment in full to the maximum allowable. No interest on such invoices shall be payable by the Town;

 

  1. That owners / developers within the Cornell Community, including 1473092 Ontario Ltd. not receive any credit towards park development charges and continue to pay the park development charge at the building permit stage for all present and future development phases of subdivisions within the Cornell Community;

 

  1. That 1473092 Ontario Ltd. hire a landscape architect who is a full member of the OALA, and approved by the Town, to provide professional design, contract document, and contract administration services to the satisfaction of the Town;

 

  1. That 1473092 Ontario Ltd. conform with the Town’s standard park and open space approval process which includes development of several design concepts, holding community input meetings, presentation to selected Standing and Advisory Committees, as well as review and approval by the Planning and Urban Design Department in consultation with the Parks Operations Department. This process will also be informed by the Town’s on-going Recreation Master Plan Update Study which will establish park facility requirements and priorities;

 

  1. That 1473092 Ontario Ltd. agree to the deferral of the design approval of all other parkettes and urban open spaces within Upper Cornell so that these elements can be designed, reviewed and approved in a coordinated manner with the design of this park. The construction of these specific elements, prior to the Town assuming the subdivision, are an obligation of 1473092 Ontario Ltd. as set out within the subdivision agreement;

 

  1. That 1473092 Ontario Ltd. tender out the construction of the park works in accordance with Markham’s Purchasing By-law, including a minimum of three bidders to the satisfaction of the Town and a 2 year detailed maintenance contract for the park to the Town’s satisfaction as part of the tendered works. Costs for the 2 year maintenance contract are the responsibility of 1473092 Ontario Ltd.;

 

  1. That, notwithstanding the requirements noted above in Condition (8), 1473092 Ontario Ltd. shall also maintain the park to Town standards, from the time that it is built until such time as the park would normally have been built in accordance with the Town’s park development strategy for Cornell (which normally coincides with the time when sufficient Development Charges for park development have been collected within the Cornell Community to warrant starting park construction). The Town will not reimburse 1473092 Ontario Ltd. for costs associated with this additional maintenance obligation for the park;

 

  1. That this park be included in the Urban Design, Development Services Commission, 2005 Capital Budget submission;

 

  1. That these terms and conditions be included in the Subdivision Agreement for this draft plan.

 

 

PURPOSE:

This report seeks approval for 1473092 Ontario Ltd. to up-front the costs of design, construction, and contract administration associated with development of a 4.72 acre neighbourhood park in Upper Cornell.

 

 

BACKGROUND:

As part of the overall parks and open space master plan for Cornell Neighbourhood Phase 6 (Upper Cornell), a 4.72 acre neighbourhood park is to be developed as part of a 10.472 acre school/park campus located at Bur Oak and Country Glen Road, just east of Ninth Line and north of 16th Avenue.

 

This neighbourhood park is intended to be a focus for Upper Cornell and will provide for community gatherings and events. A preliminary concept or facility fit plan for the park is attached which shows entry ways, a gazebo, seating areas, a children’s play area, a soccer field (on school property), a softball pitch, and tree and shrub planting.

 

 

OPTIONS/DISCUSSION:

In a letter dated November 7, 2003, Mr. Nic Mracic of Metrus Developments Inc. on behalf of 1473092 Ontario Ltd., requested permission from the Town to allow Metrus Developments Inc. to proceed with the design and construction of the neighbourhood park in advance of the Town’s projected schedule. 1473092 Ontario Ltd. is motivated to build this park early for marketing reasons and as such is hoping to start construction later in 2004 if possible.

 

As part of the draft plan for Cornell, Phase 6, 1473092 Ontario Ltd. is required to convey and build, at their cost, certain parkettes and urban open spaces.  So that these elements can be designed, reviewed and approved in a coordinated manner with the design of the neighbourhood park, it is recommended that the design approval of these spaces within Upper Cornell be deferred and included as part of the park and open space approval process.

 

In consideration of this request, this report seeks Council’s approval for the early delivery of this park by 1473092 Ontario Ltd. in accordance with the recommendations noted herein.

 

 

FINANCIAL CONSIDERATIONS:

The Finance Department has reviewed this report and are in agreement with its recommendations.

 

 

BUSINESS UNITS CONSULTED AND AFFECTED:

The Finance and Legal Departments have been consulted in the development of this report.

 

 

ATTACHMENTS:

Appendix A:Letter from Mr. Nic Mracic, Metrus Developments Inc.

Appendix B: Key Map

Appendix C: Preliminary Park Concept Plan by The MBTW Group

 

 

 

 

 

 

 

 

 

Valerie Shuttleworth, M.C.I.P., R.P.P.

Director of Planning & Urban Design

 

Jim Baird, M.C.I.P., R.P.P.

Commissioner of Development Services

 

Q:\Development\Design\linda\Parks\MetrusParkReport.doc