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REPORT
TO GENERAL COMMITTEE |
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TO: |
Mayor and Members of Council |
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FROM: |
Alan Brown, Director of |
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PREPARED
BY: |
Alan Brown |
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DATE
OF MEETING: |
2006-01-23 |
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SUBJECT: |
Woodbine Avenue By-Pass Cathedral Secondary Plan Tri Party Agreement |
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RECOMMENDATION:
That the staff report entitled “Woodbine Avenue By-Pass, Cathedral Secondary Plan Tri Party Agreement” be received;
And that the Mayor and Clerk be authorized to execute the necessary agreements with the Cathedral developers and the Region of York and acquire the necessary property for the advancement of the Woodbine Avenue By pass (Phase 1 & 2 a) to the satisfaction of the CAO and Town Solicitor.
EXECUTIVE SUMMARY:
Council on
This report updates Council on the principles of an agreement between the 3 parties for the advancement of construction of Phase 1 and 2(a) of the By pass to 2007/2008 and requests authorization for the Mayor and Clerk to execute formal agreement(s) and acquire property to the satisfaction of the CAO and Town Solicitor.
All costs associated with this project other than area specific development charge credits for sidewalk and illumination will be financed by the West Cathedral Developers.
BACKGROUND:
On
Negotiations over the past year have centered on resolving the following major issues:
- Updating cost estimates for Phase 1 and 2
- The extent and timing for a refund of the non growth share of the project by the Region to the developers
- The timing of development charges credit for the project by the Region to the developers
- Timing of land dedication for the By pass and refund of appropriate development charges credits by the Region
-
Servicing allocation to the
Cathedral developers by
- Timing of construction and property acquisition of phase 3 (North of Cathedral)
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Transfer of the Regional Development
Charges road component paid by Cathedral developers to the Town of
DISCUSSION:
Principles of an Agreement
The resolution
of the previously noted issues between the Region,
The Highlights of the Principles are:
1.
Cathedral Group
● Finance the design, approval, construction and engineering fees of Stage 1 and 2(a) totaling ± $14 million
● Deposit a Letter of Credit with the Town for the construction and
administration costs prior to award of the tender by the
Town of
● Dedicate at no cost to the
Town of
Stage
1 and 2 by
● Provide the necessary storm
outfalls to the Town of
2. Town of
●
construction of Stage 1 and 2(a) and possibly Stage 2(b) and 3
● The
Town of
this project (i.e. design, contract administration, construction, project
management, etc.) by the group
●
completed and assumed by the Region
●
●
illumination constructed on the By pass.
●
Woodbine Avenue on the basis it will be a future municipal
collector road
● In addition to the 1100 units
servicing allocation assigned to date,
● Subject to Markham and Regional
Council approvals and compliance with necessary conditions,
● Subject to Markham Council’s approval the Town will construct the sanitary sewer for the Highway 404 North Employment Lands through the Monarch plan of subdivision in 2006.
3.
Region of
● The Region of York will provide development charges credit of the transportation component of their development charges to the participating developers for total of $25 million inclusive of both residential and non-residential development
● The Region of York will compensate the group for additional property beyond the 20 m right of way (to achieve a 36 m right of way)
● The Region of York will reimburse the group the non growth share of the project after substantial completion of Phase 1 and 2 (a) to be determined based on the number of years the project is advanced from the date in the Region’s 10 year capital plan
● The Region of York will apply future Development Charges transportation component from the East District and non participating West District developers to this project
● The Region of York will compensate the group for any storm oversizing and stormwater management for the By-pass.
● The Region of York will forward
the Regional transportation component collected to date (± $802,000) from Cathedral
Phase 1 to
Proposed Implementation
of By-pass
As per Attachment ‘A’ the current proposal is to stage construction of the By-pass into 3 components and advance its construction from its current 2011/2012 schedule as follows:
Stage 1 ● Major Mackenzie to Elgin Mills – would be constructed in 2007/2008
Stage 2(a) ● Elgin Mills to Monarch’s collector road – would be constructed in
2007/2008
Stage 2(b)&
Stage 3 ● North of the Cathedral plan –
landowners in the Highway 404 Employment land their development
schedule and requesting they dedicate the 36m right-of-way by 2008
Once we finalize the availability of property a construction schedule
for Phase 2(b) and Phase 3 can be finalized with the Region and
incorporated into their Capital program or have the Highway 404
Employment Landowners construct such as a condition of development.
404 North Employment
Lands
The group has requested that if the Highway 404 Employment Land sewer
is to be constructed within the by-pass right-of-way through the Monarch Lands
(
Staff will be reporting to Development Committee Services in
February 2006 on servicing and funding options for this sewer.
Servicing Allocation
The upfront financing by the West Cathedral Developers for the Woodbine By-pass amounts to
± $14 million of which $5.4 million includes the land value for the extra 16 m. The Cathedral developers will receive at least $4.4 million in Regional Development Charges credits upon development of their 1100 residential units and ± $5 million when they develop their employment/retail lands. In addition they will be refunded by the Region, $3.2 million out of the $4 million non growth component of the project upon substantial completion of stage 1 and 2(a).
In consideration of advancing the By-pass the West Cathedral Group has requested as per Attachment ‘C’ that Markham provide future allocation to them as a priority. Specifically the group has requested any interim additional allocation from the person per unit (p.p.u) analysis currently underway be assigned to higher density development including such development in the Cathedral Community.
As staff cannot confirm the extent of additional allocation arising from the p.p.u. calculations, or the extent of allocation expected from the Region in 2011 when the infrastructure improvements are in place (S.E. collector, treatment plan expansion), we cannot recommend at this time a pre-commitment for any further servicing allocation to the Cathedral Community. Upon confirmation of forthcoming allocation, staff will report back on distribution of additional allocation on a town wide basis in accordance with criteria endorsed by Council.
Draft Plan Approval
The land owner’s group
has also asked the Town to consider issuing draft approval for all submitted
draft plan, even those that do not yet have servicing allocation. Although, adoption of a policy that would
allow for draft approval without servicing allocation was discussed in the
November 22, 2005 staff report on servicing allocation, the report also noted
that the policy was (and is) being developed.
As noted in the November report “A
revised policy cannot be recommended for approval until the “triggers”, related
to timing of delivery of required infrastructure, are finalized with the
Region.” These triggers are still
under discussion and review with the Region.
As outlined in the process set out in the
concerned have endorsed this approach and determined the
applicable triggers. At the present
time, the current Town-wide policy, which is to only give draft plan approval
where servicing is available, remains in effect.
Next Steps
The Engineering Department has pre-qualified 5 engineering consultants to submit detailed proposals for design and contract administration services. The draft schedule to implement this project is:
● Release of request for proposal
● RFP closure February 2006
● Project award/design start March 2006
● Tender issued February/March 2007
● Tender award May 2007
● Construction start - Road June 2007
● Construction completion December late 2007/early 2008
·
Construction of
sewer in By pass Summer/Fall 2006
FINANCIAL CONSIDERATIONS:
As previously
mentioned all costs to front end this project (including the Engineering
Department administration fee) are to be funded by the West Cathedral
Developers.
As per the Engineering Department February 28, 2005 report approximately $40,000.00 per year operating and maintenance costs for the Phase 1 and 2(a) will be incurred by the Town until Phase 3 is completed and the By pass is transferred to the Region. Additional funding in the Operations and Asset Management yearly budget is required starting in 2009.
Staff have also submitted a report to the January 23, 2006 General Committee regarding the timing and funding of a sanitary sewer to service the 404 North Employment Lands which will have to be constructed as part of the By pass construction contract in the summer of 2006.
BUSINESS UNITS
The Finance and Operations and Asset Management Departments have reviewed and commented on this report.
ATTACHMENTS:
Attachment A - Map
B - Principles of an Agreement
C - Stantec Consulting Limited –
on behalf of the
West Cathedral Landowners Group
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Alan Brown, CET Director of |
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Q:\Development\Engineering\REPORTS\2006\Jan\Woodbine
Avenue By Pass Cathedral Secondary Plan 012406.doc