RECOMMENDATION:
THAT the report dated March 2, 2004, to
Development Services Committee, entitled “"Up-fronting of
the Design and Construction of Two Parks by Wykland Estates Inc. in Area 2 and 3,
Phase 1 within the Cornell Community” be received.
AND THAT Council approve the request by Wykland Estates Inc. to up-front the cost of
design, construction and contract administration of two parks (Blocks 344 and
342) in Area 2 and 3, Phase 1 within the Cornell Community, subject to the
following conditions:
- That Wykland Estates Inc. up-front the cost of
the design, construction and contract administration of two parks
(totalling 2.995 acres in area) to a minimum value of $95,000.00 per acre
which totals approximately $284,525.00 inclusive of all applicable taxes;
- That, subject to
compliance with these terms and conditions, the Town of Markham reimburse Wykland Estates Inc. up to $284,525.00 towards this
project from development charges for park development under the
understanding that Wykland Estates Inc. may contribute additional funds, which will not be reimbursed by the Town, towards
the development of these parks;
- That the Town reimburse
Wykland Estates Inc. 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 these parks up to a maximum of $284,525.00, 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 $284,525) 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;
- That owners /
developers within the Cornell Community, including Wykland Estates Inc. 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;
- That Wykland Estates Inc. 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;
- That Wykland Estates Inc. 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;
- That Wykland Estates Inc. agree to the deferral
of the design approval of all other parkettes
and urban open spaces within Area 2 and 3, Phase 1, so that these elements
can be designed, reviewed and approved in a coordinated manner with the
design of these two parks that are the subject of this report. The
construction of these specific elements prior to the Town assuming the
subdivision, are an obligation of Wykland Estates
Inc. as set out within the subdivision
agreement;
- That Wykland Estates Inc. 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 parks to the
Town’s satisfaction as part of the tendered works the cost of which is the
responsibility of Wykland Estates Inc.;
- That, notwithstanding the
requirements of Condition
(8) above, Wykland Estates Inc. shall also maintain these parks 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 Wykland Estates Inc. for costs associated
with this additional maintenance obligation for these parks;
- That this park be
included in the Urban Design, Development Services Commission, 2005 Capital Budget submission;
- That these terms and
conditions be included in the Subdivision Agreement for this draft plan.
PURPOSE:
This
report seeks approval for Wykland Estates Inc. to up-front the costs of design, construction, and contract
administration associated with development of two parks (Blocks 344 and 342) in
Area 2 and 3, Phase 1 in the Cornell Community.
BACKGROUND:
The
two subject parks are part of the overall parks and open space master plan for Cornell
Area 2 and 3, Phase 1. One is 0.915
acres in area, located at Bur
Oak Avenue and
Morning Dove Drive, and the other is 2.08 acres in area, located at White’s Hill Avenue and
Black Creek Drive.
The park on Bur Oak Avenue is intended to be a “town square” for this part of
Cornell and will provide for community gatherings and events while the other one
on White’s Hill will serve as a more traditional neighbourhood park with a children’s pay area and passive recreation space. A prelimary concept or facility fit plan for each park is
attached.
OPTIONS/DISCUSSION:
In a letter
dated January
28, 2004, Mr. Frank Bon of Mattamy Development Co. on behalf of Wykland Estates Inc. requests
permission from the Town to allow Wykland
Estates Inc. to proceed with the design and construction of the two parks
(Blocks 344 and 342) in advance of the Town’s projected schedule. Wykland Estates Inc. is motivated
to build these parks early for marketing reasons and is hoping to start
construction later in 2004, if possible.
It
is recommended that the design approval of all other parkettes
and urban open spaces within Area 2 and 3, Phase 1, be deferred so that these
elements can be designed, reviewed and approved in a coordinated manner with
the design of these two parks that are the subject of this report. The construction of these specific elements are an obligation of
Wykland Estates Inc. as
set out within the subdivision agreement.
In
consideration of this request, this report seeks Council’s approval for the
early delivery of these two parks by Wykland Estates Inc. in accordance with the recommendations noted.
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 preparation of this
report.
ATTACHMENTS:
Appendix
A: Letter from Mr. Frank Bon, Mattamy Development Co.
Appendix
B: Key Map
Appendix
C: Preliminary Park Concept Plans
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Valerie Shuttleworth, M.C.I.P., R.P.P.
Director of Planning & Urban Design
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Jim Baird, M.C.I.P., R.P.P.
Commissioner of Development Services
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Q:\Development\Design\linda\Parks\MattamyParkReport.doc
