Report to: Development Services Committee Report Date: June19, 2007
SUBJECT:
Servicing Requirements
PREPARED BY: Alan
Brown, Director,
RECOMMENDATION:
That the staff report entitled “Markham Centre/PD 1-7, Area Servicing Requirements”, dated June 19, 2007, be received;
And that the principles of an agreement with the PD 1-7 developers for the financing of the Hwy 7 sanitary sewer, the Lonsmount/Sheridan stormwater management facility, storm sewers and the Class Environmental Assessment for Village Parkway, as set out in this report, be endorsed;
And that Mayor and Clerk be authorized to enter into Memorandums of Understanding with developers in the PD 1-7 area related to the construction and financing of the Hwy 7 sanitary sewer, the Lonsmount/Sheridan stormwater management facility, storm sewers and Village Parkway reconstruction, in a form satisfactory to the CAO, Town Solicitor and Town Treasurer;
And that staff report back to
Council on all agreements necessary to construct and finance the Highway 7
sanitary sewer, the Lonsmount/Sheridan stormwater management facility and
And that the principles of an agreement with Lonsmount Construction for the conveyance of easements and property for the construction of the ultimate Lonsmount/Sheridan stormwater management facility and storm sewers as set out in this report, be endorsed;
And that the Mayor and Clerk be authorized to execute an agreement with Lonsmount Construction Ltd. and other related documents relating to the acquisition of the property and easements over the lands owned by Lonsmount Construction Ltd, as necessary for the purpose of the construction of a stormwater management pond and storm sewers based on the principles set out in this report in a form satisfactory to the Chief Administrative Officer and Town Solicitor.
And that if by July 15, 2007 Lonsmount Construction Ltd. does not provide the necessary permanent and construction easements for the storm sewers and the stormwater management facility then staff be authorized to exercise the storm sewer option on the Sheridan lands;
And that the Mayor and Clerk be authorized to
enter into Crossing Agreements with GO Transit to implement the construction of
the Highway 7 Sanitary Sewer project, in a form satisfactory to the CAO and the
Town Solicitor;
And that staff be authorized to file
an amendment to the Class Environmental Assessment Study with the Ministry of
the Environment for the Highway 7 sanitary sewer, to provide for the
construction of a sanitary sewer on
And that the Mayor and Clerk to be authorized to enter into agreements
with Ontario
Realty Corporation and private property owners as may be required to obtain
the lands and/or easements necessary to implement the construction of the Highway
7 sanitary sewer project in a form satisfactory to the CAO and the
Town Solicitor;
And that if staff are
unable to come to an agreement with affected private property owners related to
the property requirements by August 31, 2007, that the Town Solicitor, be
authorized to apply for approval to expropriate the necessary private
properties;
And that the Town Solicitor be authorized to
retain a property appraisal firm, a qualified legal surveying firm, and an
outside legal firm to assist staff with the negotiation or expropriation
procedures pursuant to section 7(1)(h) of the Purchasing By-law
(preferred supplier), to be funded from Engineering Capital Budget account
083-6200-6750-005 (Markham Centre Property Acquisition and Design: Ponds 1-7 and SWM 2) to an upset limit of
$100,000;
And that staff be authorized to do all things necessary including execution of documents and notices as required by the Expropriations Act:
And that the consultant services
to undertake a Class EA study for the reconstruction of
And that the
And that staff be authorized and directed to do all things necessary to give effect to this resolution.
EXECUTIVE SUMMARY:
The development of the area north and south of Highway 7 from Warden Avenue to Sciberras Road is dependent upon the construction of a sanitary sewer on Hwy 7, a stormwater management facility on the Lonsmount/Sheridan lands and a storm sewer outlet from Hwy 7 to the stormwater management facility as per Attachment ‘A’ and ‘B’.
Development of the area will also require the reconstruction
of
The Town has executed an agreement with Sheridan Nurseries
for the acquisition of lands and easements for a stormwater management facility
and has an option to build a storm outfall from Hwy 7 to the stormwater
management facility through the
Separate negotiations with the PD 1-7 developers and Lonsmount Construction Ltd are ongoing to finalize principles of agreements for the financing and property acquisition for the infrastructure required to accommodate development in this area.
The preliminary design for the Hwy 7 sanitary sewer indicates easements will be required from abutting owners including Ontario Realty Corporation. Staff are therefore requesting authority to acquire such easements either by negotiations or expropriation.
In order to determine the alignment of the sanitary sewer
along
Staff are requesting Council’s endorsement of principles of
agreement and authorization to enter into the necessary agreements for the
construction, financing, and acquisition of property/easement requirements to
construct the necessary infrastructure to develop this area.
FINANCIAL CONSIDERATIONS:
The 2006 Capital Budget includes
$79,500 in account 083-5350-7254-005 for the preparation of an Environmental
Assessment for
1. Purpose 2. Background 3. Discussion 4. Financial
5. Others (Environmental, Accessibility, Engage 21st, Affected Units) 6.
Attachment(s)
1. Purpose 2. Background 3. Discussion 4. Financial
5. Others (Environmental, Accessibility, Engage 21st, Affected Units) 6.
Attachment(s)
BACKGROUND:
Development of the
As per Attachment ‘A’ and Attachment ‘B’ development of approximately 61 ha of land north and south of Hwy 7 from Warden Ave to Sciberras Road is dependant on a new sanitary sewer to be constructed on Highway 7 from Main Street to Village Parkway, the construction of a stormwater management facility to be constructed on the Sheridan Nursery/Lonsmount lands and a storm sewer outlet from Hwy 7 to the stormwater management facility.
These lands are within
Amendment to Highway 7 Sanitary
Sewer EA
Class Environmental Assessment studies were undertaken in 2003 for the Hwy 7 sanitary sewer and for the two Stormwater Management Facilities required to service the drainage area. The Environmental Assessments were completed and filed enabling the design and construction of the projects to proceed subject to availability of property and developer funding.
During the preliminary design of
the sanitary sewer it became evident that the connection to the YDSS sewer at
Hwy. 7 east of Main Street Unionville as proposed in the EA, which required a
crossing of the
Agreement with
The Town in April 2007 entered into a purchase and sale agreement with Sheridan Nurseries for the acquisition of lands that will enable approximately fifty percent of the stormwater management facility to be built. In addition the Town has protected an option to acquire permanent and temporary easements and construct a storm sewer through their site from Hwy 7 to service a portion of the drainage area.
In order to minimize disturbances
to
Region widening of Hwy 7 east
of
At the request of the Town, the
Region of York deferred the widening of Hwy 7 from approximately Verclaire Gate
to
Status of Sobeys
Staff have held preliminary discussions with representatives of Sobeys
who have acquired the Treasureland site at the northeast corner of Highway 7
and
Storm Sewer Options
As noted in Attachment “B” staff are considering three storm outfall
options which have to be finalized by
Option 1 - Lonsmount option
- Construction of storm sewer on future
alignment of
- Construction of ultimate Stormwater
Management Facility on Lonsmount/Sheridan lands
Option 2 - Lonsmount/Sheridan option
- Construction of storm sewer on future
right-of-way at mutual boundary from Hwy 7 to Stormwater Management
Facility
- Construction of ultimate Stormwater
Management Facility on Lonsmount/Sheridan lands
Option 3 -
- Construction of storm sewer in easement
on
- Construction of interim Stormwater
Management Facility on
The Sheridan option (#3) while slightly less in capital cost compared to option 1 and 2 will be ultimately more expensive for the upfront financing developers as there are throw away costs associated with building an interim Stormwater Management Facility which will not be eligible for development charge credits or compensation by the Town.
Option 1 and 2 will however require the PD 1-7 developers to size and construct the storm sewers to accommodate the development of certain portions of Lonsmount lands which they will not get reimbursed for until Lonsmount develops.
PD 1-7 Memorandum of
Understanding/Credit Agreement
Staff have invited the property
owners in the PD 1-7 drainage area to meetings regarding the financing of the
sanitary and storm related infrastructure to accommodate development in this
area. Only 2 owners at this time - Lee
Development Ltd. (west of
These works are currently included in the ASDC by-laws for PD 1-7 and Markham Centre lands that will discharge to these works.
Subject to Council and senior management approval, the final agreed to principles would form the basis of a Memorandum of Understanding and a credit agreement between the Town and the funding developers. Staff will report back to Council for approval of the final credit agreement.
PD 1-7 Developers
- Provide
upfront financing for the construction of the Hwy 7 sanitary sewer (± $4,800,000.00) prior to tendering of
the construction contract;
- Provide
upfront financing for the Village Parkway Environmental Assessment in the
amount of ±$97,000 prior to the award of the Class EA study.
- Upfront
Lonsmount’s local storm sewer cost
- Provide
additional letters of credit if required by the Town based on the tender
process;
- Enter
into a credit agreement with the Town for the construction and financing
of the sanitary and storm
infrastructure prior to award of construction tender(s);
- Submit
updated master servicing designs for the PD 1-7 area by
- Provide
upfront financing for the construction of either the ultimate or interim
stormwater management facility and storm sewers ($±2,100,000.00) prior to
tendering of the construction contract;
- Provide
upfront financing for the design and construction of
Town
- Enter into a credit agreement prior to the tendering of the infrastructure which will outline the repayment schedule;
- Subject to the necessary approvals, properties and agreements, tender the Hwy 7 sanitary sewer and stormwater management facility by summer 2008;
- If
by
“Lonsmount Construction
Memorandum of Understanding/Agreements”
Staff in August 2006 began negotiations with Lonsmount Construction as to opportunities to advance construction of the ultimate storm sewer and stormwater management pond prior to development of their property. Recent negotiations have resulted in the following principles:
Lonsmount
-
Provide a construction easement and permanent
easement for the storm sewer outfall along either the future
-
Dedicate the SWM pond land to the Town of
- Dedicate any additional lands required based on the final stormwater management pond design requirements (anticipated by late, 2007).
- Pay the local share of the Birchmount/Riverside storm sewers and stormwater management facility costs to the PD 1-7 upfront developers at the first phase of their development utilizing the sewer and stormwater management pond. The local share will be the estimated cost of the storm sewer and stormwater management pond required to convey flows from the Lonsmount lands based on standard engineering flow generation rates determined at the design stage.
-
Submit their servicing concept drawing for the
Lonsmount land to the Town by
- Enter into a credit agreement for the SWM lands prior to draft plan approval.
Town
-
- Size the storm sewers and space manholes appropriately to accommodate the future development of the Lonsmount lands.
- Require a draft plan condition on future Lonsmount development benefiting from the storm sewer to make arrangements with the Markham Centre PD 1-7 developers who are upfronting the construction costs to pay the local share of the storm sewer and stormwater management pond prior to execution of any subdivision agreement.
- Assist in the negotiation of a contribution of the storm sewer oversizing and SWM pond oversizing with the York Region to accommodate the Hwy. 7 flows.
- Include the storm sewer over-sizing cost in the ASDC #9 for Area PD 1-7.
- Include the stormwater management pond land and construction cost in the ASDC for Areas 9, 42B-6 and 42B-8.
-
Finalize the centerline alignment of
- Provide Lonsmount the opportunity to review the sewer and pond designs during preliminary design development, prior to first submission of the design and following receipt of any agency comments.
- Provide ASDC credits to Lonsmount for the SWM pond land at the first site plan or subdivision agreement stage utilizing the Stormwater Management Facility in accordance with a credit agreement.
If the property and easements for
the storm sewer and stormwater management pond over the Lonsmount lands cannot
be secured by
Sanitary Sewer Easements
Required
A total of seven permanent easements will be required to accommodate the sanitary sewer construction as per Attachment ‘A’. Three permanent easements are owned by the Ontario Reality Corporation (ORC) while the other four permanent easements are on private lands. Staff are requesting authorization to initiate negotiations with ORC and private property owners and for the Mayor and Clerk to execute agreements with all affected landowners to acquire the required land/easements subject to satisfactory to the CAO and Town Solicitor. If the easements on private property cannot be negotiated then expropriation proceedings will have to be commenced or the sewer design modified to delete connections to service abutting lands.
GO Transit Crossing
Agreement
The sanitary sewer will cross the GO railway track located west of Main Street Unionville as per Attachment ‘A’. Staff is requesting authorization to enter into a crossing agreement with GO Transit in a form satisfactory to the CAO and Town Solicitor.
Village Parkway Environmental Assessment
The Unionville Traffic
Management Plan was prepared in May 2002 by BA Consulting Group to evaluate
alternative configurations of the north-south collector roads intersecting with
Highway 7 including
A Municipal Class Environmental Assessment has
to be carried out in accordance with the requirements of the Environmental
Assessment Act to develop and evaluate alternative methods of accommodating
anticipated future traffic volumes while achieving the objectives of the Unionville
Traffic Management Plan and to identify a preferred alternative design concept
for the reconstruction of
The EA study is estimated to cost $96,643.80 whereas the approved 2006 Capital Budget (083-5350-7254-005) had an allowance of $79,500. Staff recommends amending the budget in 083-5350-7254-005 to $96,643.80 to be funded by Developer.
Preliminary Implementation Schedule
The preliminary schedules for the Village Parkway EA, the Highway 7 sanitary sewer and the stormwater management works are as follows (this preliminary schedule is subject to the receipt of funding from the area developers as described in this report, acquisition of necessary easements, agency approvals and execution of appropriate agreements):
Village Parkway Class EA
· Commence Study…………………..….. July 2007
· Complete Study, file ESR……………… January 2008
Stormwater Management Facility & Storm Sewers
·
Complete design………………….......... December 2007
·
Approvals received…………………….. March 2008
·
Property acquisition……………………. July 2007 to April 2008
· Tender period…………………………...March 2008 to May 2008
· Tender award…………………..………. May 2008
· Construction start……………………….August 2008 (pond), October 2008 (sewer)
· Construction complete…………………. December 2008 (pond & sewers)
Highway 7 Sanitary Sewer
·
Complete design………………….......... July 2007
·
Approvals received…………………….. October 2007
·
Property acquisition……………………. July 2007 to January 2008
· Tender period…………………………...November 2007 to January 2008
· Tender award…………………..………. February 2008
· Construction start………………………. March 2008
· Construction complete…………………. November 2008
BUSINESS UNITS CONSULTED AND AFFECTED:
The
RECOMMENDED BY:
|
|
|
|
|
Alan Brown, C.E.T. Director of |
|
Jim
Baird, M.C.I.P., R.P.P. Commissioner of Development Services |
ATTACHMENTS:
Attachment
Attachment B Lonsmount/Sheridan Stormwater Management Drainage Area & Storm Sewers
Q:\Development\Engineering\REPORTS\2007\June\Markham
Centre PD 1-7 052907.doc