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8.
Amendment to the
conditions for DRAFT APPROVAL OF PLAN OF subdivision – Parks modification aux conditions d’approbation du plan de
lotissement provisoire - parcs |
Committee recommendations, as
amended
That Council approve
the amendments to the parks conditions in the Standard Menu of Conditions for
approval of a Plan of Subdivision as shown in Document 1, as amended.
Recommandations modifiées du comité
Que le Conseil approuve les modifications aux conditions relatives aux
parcs dans le Menu standard des conditions d’approbation des plans de
lotissement, comme il est indiqué dans le Document 1, tel que modifiée.
Documentation
1.
Deputy
City Manager's report, Infrastructure
Services and Community Sustainability, dated 17 January 2011 (ACS2011-ICS-PGM-0042), reflecting Committee’s proposed
amendments to Document 1.
2.
Planning
Committee Extract of Draft Minutes of 25 January 2011.
and Council / et au Conseil
17 January 2011 / le 17 janvier 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,
Planning and Growth Management Department/Directeur général, Infrastructure et
Viabilité des collectivités
(613) 580-2424 ext. 28869, john.moser@ottawa.ca
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Ref N°: ACS2011-ICS-PGM-0042 |
SUBJECT:
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Amendment to the conditions for DRAFT
APPROVAL OF PLAN OF subdivision – Parks |
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OBJET :
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modification aux conditions d’approbation
du plan de lotissement provisoire - parcs |
That Planning Committee recommend Council approve the amendments to the parks conditions in the Standard Menu of Conditions for approval of a Plan of Subdivision as shown in Document 1.
Que le Comité de
l’urbanisme recommande au Conseil d’approuver les modifications aux conditions
relatives aux parcs dans le Menu standard des conditions d’approbation des
plans de lotissement, comme il est indiqué dans le Document 1.
As a Service Excellence undertaking over the course of Q3 and Q4 2010 the
Planning and Growth Management Department has reviewed the delivery of new
parks in developing communities with the aim of accelerating their
implementation.
The purpose of this report is to seek direction from Council to amend
several of the standard terms and conditions related to parks in the Standard
Subdivision agreement to recognize the new division of responsibility between
the developer and the City for the construction of new parks.
As part of the 2009 corporate realignment, the Planning and Growth Management Department was given responsibility for the planning, design, and implementation of new parks. During the Plan of Subdivision phase of development review, the Department determines in conjunction with the developer, the Ward Councillor, and any existing community where new parks should be specifically located. Parkland is then dedicated in accordance with the Planning Act requirements, and where it cannot be provided, the developer provides Cash-in-lieu of Parkland funding. The park is then designed by the Department’s park planners in consultation with the community and the Ward Councillor. Currently when the park is ready to be developed by the City it is turned over to the City by the developer in a “clean and greened” state. This definition is governed by the Plan of Subdivision Agreement and essentially implies that the site is to be graded, provided with electrical and water servicing, provided with an adequate amount of topsoil, and finally sodded and fenced.
The Department has reviewed how parks are delivered in an attempt to minimize the amount of time a park remains undeveloped in a newly inhabited community. The Department recognizes that ideally a park should be constructed within a reasonable amount of time shortly after home occupancy so as to maximize available recreational opportunities and meet the expectations of new homeowners.
In its review of the delivery of new parks, it was determined that despite the increase in the development charge related to parks in the 2009 Development Charges review, that parks, trails, and pathways remained significantly underfunded. This, in conjunction with the need to repay existing developer front-ending agreements, where the developer has constructed the park on behalf of the City so as to advance the construction of the park, has created an unsustainable funding gap that has created a backlog in the parks requiring to be constructed.
Recognizing this, in collaboration with the Department, representatives of the development industry took a very proactive and positive approach and over the course of several meetings developed a new development charge that will enable the City to eliminate the backlog of parks and develop a long-term schedule of when all parks that are part of existing Plans of Subdivision are to be built. The revised development charge is the subject of report ACS2011-ICS-PGM-0041. In addition, the Department has also developed a revised Front-Ending Policy, the subject of report ACS2011-ICS-PGM-0040, whose fundamental policy change is that the front-ender (developer) will be repaid in the year that the park was to be built according to the fixed schedule. By tying the front-ender to the schedule, and not to development charges revenues, it is anticipated that the City will be able to create realistic expectations and timelines that can be achieved.
In return for increasing the development charges rate it was agreed to that the City would undertake more of the site preparation for the park recognizing that the City will now have the adequate funds to do so. Where the developer had previously “cleaned and greened” the park, they will now only be responsible for providing rough grading in accordance with the grading plan approved prior to subdivision registration, including tree removal required to complete this grading. Grading to final park design will be a City responsibility. If tree removal is not required as part of the rough grading then tree removal will be a City responsibility.
Developers will now be responsible for the provision of sanitary and stormwater and 50 mm (minimum) water service and hydro stubbed two metres inside the property line. All other development of the land, including the supply and grading of topsoil, drainage, seeding/sodding, landscaping and related items are development charge project components and will now be the responsibility of the City.
To reflect this new division of responsibility the standard Subdivision Terms and Conditions require modification. The proposed changes have been left in track changes in Document 1 to show the required amendments.
The proposed revised standards Terms of Conditions will apply equally to Plan of Subdivision agreements in the rural and urban area. Changes to the Unserviced Agreement, which applies primarily in the rural area, are noted in Document 1.
The Planning and Growth Management Department and Legal Services held seven meetings with representatives of the development industry in the development of the revised Terms of Conditions.
It should be noted that the conditions outlined in Document 1 form the standard Terms and Conditions for a Plan of Subdivision agreement.
The conditions proposed in this report are intended to implement the changes to the Development Charges By-law being considered at the same time as this report. As a result, they assist in the resolution of the appeal to the by-law.
This policy contributes to achieving the following objectives of the City's Strategic Plan
Achieving a Sustainable, Healthy and Active City
Objective 1: Support recreational facilities and programming to match the population growth;
Objective 3: Expanding the amount of City-owned greenspace in Ottawa;
Planning and
Growth Management
Objective 1: Manage growth and create sustainable communities by:
• Ensuring that community facilities are built in tandem with new development
• Evaluating the impact of policy and development decisions on communities
N/A
Grading to the final park design which was previously the developers responsibility will now be the responsibility of the City. The additional costs required to complete the grading will be covered by the revised development charge rates, which is the subject of report ACS2011-ICS-PGM-0041.
Document 1 Proposed Amended Standards Terms and Conditions for Plan of Subdivision
Planning and Growth Management will amend the Standard Terms of Conditions for Plan of Subdivision to be used in future agreements.
PROPOSED AMENDED STANDARDS TERMS AND CONDITIONS DOCUMENT 1
FOR PLAN OF SUBDIVISION as
amended
Shaded portions indicate amendments made by motion at Planning Committee
Please note: Tracked changes have deliberately been left in the document to demonstrate transparently where the proposed changes have been made.
STANDARD SUBDIVISION
AGREEMENT – PRIVATELY SERVICED LANDS
Article 15 Park and Open Space Development
15.1 Design
and Development
The Owner acknowledges and agrees that the City will
design and develop the parkland and open space and that such development of the
parkland and open space is subject to a yearly budgetary review and approval
process by City Council. Subject to the
approval of Council, the Owner may design and develop the parkland and open
space in accordance with City Specifications or Standards, subject to entering
into a front ending agreement with the City.
15.2 Cash-in-Lieu
In accordance with the provisions of section 51.1 of
the Planning Act, the Owner shall convey land to the City for park or other
public recreation purposes, or pay cash-in-lieu of parkland to the City in the
amount specified in Schedule “C”.
15.3 Parkland
and Open Space Servicing
The Owner shall
provide, at its expense, any
rough grading that may be required in accordance with the grading plan approved
prior to subdivision registration, including instances where
tree removal is required to complete this grading. Grading to final park design is a City
responsibility. If tree removal is not required as part of the rough grading
then tree removal is a City responsibility.
The
Owner is responsible for any required Utility and culvert entrance to 2m inside of the lot line of
each designated park and open space in accordance with City Specifications or
Standards and as determined by the General Manager, Planning and Growth
Management. The Works shall be carried out to the satisfaction of the General
Manager, Planning and Growth Management.
All other development of the land, including the supply
and grading of topsoil, drainage, catch basins, watervalve control chambers,
hydro kiosks, seeding/sodding, landscaping and related items are development
charge project components and the responsibility of the City.
required Utility and culvert entrance to the
inside of the lot line of each designated park and open space in accordance
with City Specifications or Standards and as determined by the General Manager,
Planning and Growth Management. The Works shall be carried out to the
satisfaction of the General Manager, Planning and Growth Management
STANDARD SUBDIVISION AGREEMENT – SERVICED LANDS
Article 15 Park and Open Space Development
15.1 Design
and Development
The Owner acknowledges and agrees that the City will design and develop the parkland and open space and that such development of the parkland and open space is subject to a yearly budgetary review and approval process by City Council. Subject to the approval of Council, the Owner may design and develop the parkland and open space in accordance with City Specifications or Standards, subject to entering into a front ending agreement with the City.
15.2 Cash-in-Lieu
In accordance with the provisions of section 51.1 of the Planning Act, the Owner shall convey land to the City for park or other public recreation purposes, or pay cash-in-lieu of parkland to the City in the amount specified in Schedule “C”.
15.3 Parkland
and Open Space Servicing
The Owner shall
provide, at its expense, rough grading in
accordance with the grading plan approved prior to subdivision registration, including
tree removal required to complete this grading.
Grading to final park design is a City responsibility. If tree removal
is not required as part of the rough grading then tree removal is a City
responsibility.
The Owner is responsible for the provision of
sanitary and stormwater and 50 mm (minimum) water service and hydro stubbed 2 m
inside the property line in accordance with City
Specifications or Standards and as determined by the General Manager, Planning
and Growth Management. The All Works shall be carried out to the
satisfaction of the General Manager, Planning and Growth Management.
All other development of the land, including the supply
and grading of topsoil, drainage, catch basins, watervalve control chambers,
hydro kiosks, seeding/sodding, landscaping and related items are development
charge project components and the responsibility of the City.
any required services (sanitary and storm sewers,
water and hydro) to the inside of the lot line of each designated park and open
space
MENU
OF CONDITIONS FOR PARKS
(to
be in inserted in Agreements as appropriate)
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P1 |
The Owner covenants and agrees that Block(s)___ will be conveyed to the City, at no cost, as dedicated parkland. The size and configuration of Block(s) ____ on the Final Plan shall be to the satisfaction of the General Manager, Planning and Growth Management. |
OTTAWA Planning |
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P2 |
In accordance with the Planning Act and the City of Ottawa Parkland Dedication By-law, the Owner shall: (select one) (a) convey Blocks (specify) to the City for parkland purposes; or (b) provide cash-in-lieu of parkland on the subject lands within Ward (specify) such value of the land to be determined by the City's Realty Services Branch. The Applicant shall bear the cost of any appraisal costs incurred by the City; or (c) convey Blocks (specify) together with cash-in-lieu of parkland on the subject lands within Ward (specify) such value of the land to be determined by the City's Realty Services Branch. The Applicant shall be responsible for any appraisal costs incurred by the City; All to the satisfaction of the General Manager, Planning and Growth Management. |
OTTAWA Planning |
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P3 |
The Owner
acknowledges and agrees that, subject to budget approval of the required
expenditure by City Council in the year in which it is approved, the City
shall pay to the Owner an amount of money for cash-in-lieu of parkland to
reflect the amount of land dedicated in excess of the requirements under s.
51 of the Planning Act. |
OTTAWA Planning |
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P4 |
All Owner obligations associated with the Park Block(s) must be
completed by (specify timing or phasing i.e. Phase 1, # of units, street
construction etc) to the satisfaction of the General Manager of Planning and
Growth Management. |
OTTAWA Planning |
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P5 |
The Owner
acknowledges and agrees that no stormwater management facilities,
encumbrances such as retaining walls, utility lines or easements of any kind
shall be located on dedicated park blocks without the prior written approval of the General Manager, Planning and
Growth Management. |
OTTAWA Planning |
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P6 |
The Owner acknowledges
and agrees that any encumbrances which are not
solely for the benefit of the park such as retaining walls,
utility lines or easements of any kind on lands, or portion thereof
encumbering the design and function of future Park Block XX will not form
part of the required Planning Act parkland dedication requirements at the discretion of the General Manager, Planning and
Growth Management. |
OTTAWA Planning
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P7 |
The Owner acknowledges and agrees, at his expense, to erect on Park Block XX, at a location(s) selected by the General Manager, Planning and Growth Management, a professionally painted sign. Sign material, size and installation and construction details shall be to the satisfaction of the General Manager, Planning and Growth Management. This sign shall clearly read, in English and in French: Future Parkland No Dumping No Removal Soil or Vegetation No Storage of Materials The Owner further agrees to maintain the sign (including graffiti
removal) and that such sign shall be removed only with the approval of the
General Manager, Planning and Growth Management. |
OTTAWA Planning |
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P8 |
The Owners shall not remove or disturb any of the existing vegetation
or topsoil on dedicated parkland unless such removal or disturbance forms
part of the remedial work approved by the General Manager, Planning and
Growth Management. If the Owner
disturbs the parkland, it must be reinstated to the satisfaction of the
General Manager, Planning and Growth Management. It is the responsibility of the
Owner to fill with clean earth fill, compact and level the park block
accordingly, providing for positive surface drainage. The General Manager,
Planning and Growth Management shall approve all works and fill materials
prior to being placed on site. |
OTTAWA Planning |
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P9 |
The Owner shall
grade areas of parkland where necessary, to the satisfaction of the General
Manager, Planning and Growth Management, so as to provide a uniform surface,
free of debris, necessary to establish a safe clean and maintainable
surface. Park Blocks shall be graded
in accordance with the approved Grading Plan for the plan of subdivision. No
storage of building materials, including granular or topsoil, will be permitted
on the Park Block. |
OTTAWA Planning |
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P10 |
The Owner acknowledges and agrees to supply and spread screened topsoil to City standards to a minimum depth of 150mm (200mm in the area of planned sports fields) over the entire park block(s) including all disturbed areas. All screened topsoil shall be tested and the tests submitted for approval prior to installation to the satisfaction of the General Manager, Planning and Growth Management. The seed
mix is to be approved in advance of application and the Owner further
acknowledges and agrees to notify the City of Ottawa prior to the supply and
spreading of topsoil and seed. (To be used for Front-Ending Agreements) |
OTTAWA Planning |
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P11 P12a) Serviced P12b) Privately Serviced |
The Owner acknowledges and agrees to spread grass
seed to City of Ottawa specifications and apply general maintenance until the
growth is well established and through the first two (2) cuts, in accordance
with City of Ottawa standards to the satisfaction of the General Manager, Planning
and Growth Management. (To be used
for Front-Ending Agreements) Unless otherwise specified the Owner shall provide the following services and utilities to all Park Blocks: a) A 300mm diameter storm sewer and CB/MH at 2m inside the park property line. b)
A 50mm diameter water line
complete with standpost c)
d) 150mm diameter sanitary sewer and MH at 2m inside the park property line. All works shall be subject to the approval of the
General Manager, Planning and Growth Management. Unless
otherwise specified the Owner shall provide the following services and
utilities to all Park Blocks: a)
The Owner shall provide an open ditch,
culvert and driveway in the road allowance adjacent to the park frontage, in
accordance with the approved street cross-section. b)
The Owner shall provide a well,
constructed as per Ontario Regulation 903 and the recommendations of the
approved Hydrogeological investigation and, shall also be certified by a P.
Eng. or P. Geo. The Hydrogeological investigation shall be in accordance with
MOE Procedure D-5-5, except for the minimum number of wells. c)
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OTTAWA Planning OTTAWA Planning OTTAWA Planning |
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All works shall be shown on the approved drawings
and shall be subject to the approval of the General Manager, Planning and
Growth Management. |
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P13 |
The Owner shall install fencing of uniform appearance and quality, with a minimum height of five feet (5’) (1.5m) along the common boundary of all residential lots and blocks and ravine lands, and hazard lands which abut public walkways and Park Blocks. Fences shall be installed 0.15m on the private property side of the common property line, and the location of the fence shall be verified by an Ontario Land Surveyor. Fence materials will be of commercial grade and consist of 6 gauge black vinyl coated chain link material and black powder coated schedule 40 pipe rails and posts or an approved alternative. |
OTTAWA Planning |
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P14 |
(No Gates) No access from private property to public property will be allowed. The Owner shall place the following clause in each Agreement of Purchase and Sale and in Deeds for all Lots and Blocks “The Transferee
for himself, his heirs, executors, administers, successors and assigns
acknowledges being advised that gates accessing public property are not
permitted in the fences.” |
OTTAWA Planning |
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P15 |
(Gates
Permitted) No access from private property to public property will be allowed without the prior written approval of the General Manager, Planning and Growth Management. The Owner shall place the following clause in each Agreement of Purchase and Sale and in Deeds for all Lots and Blocks “The Transferee for himself, his heirs, executors, administers, successors and assigns acknowledges being advised that gates accessing public property are not permitted in the fences without the express written permission of the General Manager, Planning and Growth Management.” |
OTTAWA Planning |
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P16 |
The Owner
shall include a clause in each Agreement of Purchase and Sale and in Deeds
for all Lots and Blocks which shall provide notification to all purchasers of
lands within the Subdivision that parkland within this subdivision and/or
already existing in the vicinity of the subdivision may have (select as
appropriate): a)
active
hard surface and soft surface recreational facilities b)
active
lighted sports fields c)
recreation
and leisure facilities d)
potential
community centre e)
library f)
day
care g)
other
potential public buildings/facilities. |
OTTAWA Planning |
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AMENDMENT TO THE CONDITIONS FOR DRAFT APPROVAL OF PLAN OF SUBDIVISION – PARKS 107
MODIFICATION
AUX CONDITIONS D’APPROBATION DU PLAN DE LOTISSEMENT PROVISOIRE - PARCS
ACS2011-ICS-PGM-0042 CITY-WIDE
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:
The Chair noted that there was a
technical amendment Councillor Harder would be moving on behalf of staff.
Mr. Moser explained the amendment.
He indicated that the amendment clarifies the expectations between what the
developer is going to go with the parks, and what the City will do. The last point of the motion deletes a
passage that was duplicated in the report.
In response to questions from
Councillor Harder, Mr. Moser summarized the change in approach to the provision
of parks. Under the new model, what will
be delivered to the City is a level park with a Hydro and water connection at
the front. The City will then complete
the rest of the park itself, using the increased funding from development
charges.
Councillor Harder wondered how the
City would manage what would likely be increased demand from developers to do
the parks faster. Mr. Moser advised that
there would not be additional staff; however, much of the current staff time
was spent revising the parks to meet the limited budget. He suggested that the
increased funding and appropriate planning would allow for the process to move
faster.
As to how the City would be
working with developers going forward, Mr. Moser indicated they would work
collaboratively to identify and agree on the site and details, and would
continue the process of working with the ward Councillor and community to
decide what to put into the park. He suggested this would allow the parks to be
put in well before a development is complete.
In response to questions from
Councillor Qadri, Mr. Moser explained that the City was moving away from the
concept of “clean and green,” and would now be provided with a flat, usable site
for the City to go in with the appropriate funding to do the balance of the
work.
Councillor Qadri referenced an
example in his ward, and wondered if the City would be able to better
scrutinize the park locations than they had in the past. Mr. Moser said staff will continue to
scrutinize and will recommend for acquisition through the subdivision process
lands that are appropriate to be used for parks, with the cost being paid
through the development charges.
Moved by Councillor J. Harder:
That the recommended Conditions for Draft
Approval of Plan of Subdivision – Parks, be amended as follows:
Standard Subdivision Agreement – Serviced Lands
15.3 Amend:
The Owner shall provide, at its expensive, rough grading in accordance with the
grading plan approved prior to subdivision registration, including instances
where tree removal is required to complete this grading.
Menu of Conditions for Parks
P 12 a)
Serviced
c)
Delete: A 120/140 volt, 200
ampere single phase hydro service and outdoor metered distribution costs at 2m
inside the park property line. The distribution kiosk must meet the minimum
requirements of Hydro Ottawa, Hydro One and the City of Ottawa and must include
as a minimum: a meter socket, hydro meter, either a disconnect switch and a panelboard
or a panelboard with a main circuit breaker, one interior duplex receptacle,
two exterior dual receptacles accessible behind a lockable access hatch and a
second lockable access hatch for future on/off push buttons and a contactor.
P 12 a)
Privately Serviced
c)
Delete: A 120/140 volt, 200
ampere single phase hydro service and outdoor metered distribution costs at 2m
inside the park property line. The distribution kiosk must meet the minimum
requirements of Hydro Ottawa, Hydro One and the City of Ottawa and must include
as a minimum: a meter socket, hydro meter, either a disconnect switch and a
panelboard or a panelboard with a main circuit breaker, one interior duplex
receptacle, two exterior dual receptacles accessible behind a lockable access
hatch and a second lockable access hatch for future on/off push buttons and a
contactor.
d)
Delete in its entirety:
A
120/240 volt, 200 ampere single phase hydro service and outdoor metred
distribution kiosk at 2m inside the park property line. The distribution kiosk must meet the minimum
requirements of Hydro Ottawa, Hydro One and the City of Ottawa and must include
as a minimum: a meter socket, hydro meter, either a disconnect switch and a
panelboard or a panelboard with a main circuit breaker, one interior duplex
receptacle, two exterior dual receptacles accessible behind a lockable access
hatch and a second lockable access hatch for future on/off push buttons and a
contactor. The Owner is responsible for
making all arrangements and coordinating the connection of the new hydro
service, including costs and inspections, with the respective electrical
agencies.
CARRIED
That Planning Committee recommend Council approve the amendments to the
parks conditions in the Standard Menu of Conditions for approval of a Plan of
Subdivision as shown in Document 1, as amended.
CARRIED,
as amended