Questions and answers: redevelopment of the seafront – May 2022

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Are the negotiations with Bayloc secret?

Negotiations with Bayloc regarding the purchase of the land are confidential, as permitted by the Ontario Municipalities Act. This is standard practice in all municipalities in the province when it comes to negotiating land transactions.

Will city-owned beachfront properties be sold on May 26?

No, they will not be sold on May 26.

Are the negotiations accelerated?

No. Discussions with Bayloc began on February 11. There were meetings with the manager of Bayloc working out the details of the purchase and sale agreement. If an agreement is reached, it will be submitted to the board for consideration. The earliest can be considered May 26. Negotiations are complex and both parties take the necessary time.

Have previous negotiations with Slate been helpful to you?

Negotiations with Slate clarified the additional information required to develop the properties. This made discussions with Bayloc more focused on the terms and conditions of the purchase and sale agreement.

For example, the environmental assessment of the road network in the area, including Beach Drive, was to be undertaken. This had to be done so that the city and the developer would know about future road alignments, how buildings and public spaces would connect to sidewalks, and the cost of improvements. It was a requirement before any development could take place in the waterfront area and was only completed during this council term. The previous board indicated that development could take place immediately after approval. It was unrealistic and impossible.

Council will consider declaring the beachfront land “surplus”. What does this mean and why is this term used?

Under section 270 of the Ontario Municipalities Act, council is required to have a policy for the sale and other disposition of land. By-law 2014-21 governs the sale of land and states that “before selling land, the council must, by resolution or by-law, at a public meeting, declare the land surplus to the needs of the city. » The term “excess” is commonly used in these types of policies. Prior to the sale of any property, the council must complete this step.

This is a procedural matter and means the council is prepared to consider selling the city-owned beachfront land. This confirms the steps already taken by this council and previous councils to sell beachfront property.

How much notice is required before council decides to sell a property?

It must provide at least 14 days notice to the public.

Is the process followed by the board appropriate in the circumstances?

The Board process is appropriate. This is the process recommended by the consultants who created the Downtown Master Plan. The Board followed a Request for Expressions of Interest (RFEOI) process and then a Request for Proposals (RFP) process to select qualified developers to purchase and develop the beachfront land. It formed a negotiating team comprised of staff, outside legal and real estate experts and an outside equity monitor and is currently negotiating with Bayloc on a confidential basis.

Land development is governed by the detailed policies of the Official Plan (Section 22), the Downtown Urban Design Guidelines and the Zoning By-law (Section 26). The Board, staff and Bayloc are bound by these policies. Development must reflect these policies.

Why aren’t the plans offered by Bayloc publicly available?

The plans are not available to the public at this time as they form part of the discussions and negotiations relating to the purchase and sale agreement. Once an agreement is signed by both parties, Bayloc’s proposed designs will be available on the city’s website for viewing.

Why was there no public comment on the plans for redevelopment of the waterfront area?

Public comments were received during the appropriate stage of the redevelopment of the waterfront lands. During the 2015-2018 period, there was significant public engagement in the creation of the Town Center Master Plan which led to policies covering the waterfront area, urban design guidelines that govern development features, and new zoning provisions for the area. During 2019-2021, the public engaged with proposed changes to downtown policies to make them more permissive and zoning bylaws to make zoning provisions consistent across the waterfront area .

Under the Ontario Planning Act, once official plan policies and zoning provisions are in place, council is not required to seek public input on matters relating to the site plan. If a purchase and sale agreement can be reached with Bayloc, the board will work on a development agreement with Bayloc.

What is a Development Agreement?

The Development Agreement will establish high-level design principles and developer obligations for each block based on official plan policies, zoning by-law requirements and design guidelines. It will address issues such as the timing and characteristics of the Festival Square, private and public parking, pedestrian access to the beach, the interface of the building with pedestrian areas along the waterfront, etc. This is the normal sequence during development to discuss these issues.

Detailed development agreements for each block will follow which will govern the characteristics of each block.

Have Slate and Bayloc been asked to provide independent confirmation of their financial ability to undertake a project of this magnitude?

Yes, as part of the RFP process, they were required to submit independent confirmation of their financial ability to undertake the project and each of them did.

It was said that Bayloc did not get the pass mark in the RFP process. Is it correct?

No, that’s not correct. The Commission undertook a Request for Expressions of Interest (RFEOI) process where Baycliffe (Bayloc) received fifth place out of nine submissions. The purpose of this process was to pre-select companies that would be invited to participate in the Request for Proposals (RFP) process. Baycliffe was one of six companies that appeared on the initial shortlist. Three proposals were submitted and Bayloc finished second. The third was disqualified.

What gives the WBRA the right to speculate that Bayloc’s submission is “ugly”?

Nothing gives them the right to make such a comment about an experienced Wasaga Beach promoter. Baycliffe does not deserve this or the other negative and defamatory comments made about them by the WBRA and members of the organization.

Has Fram submitted a proposal?

Fram did not submit a proposal. They were one of six companies that were on the shortlist, but withdrew after the RFP was released. Only three companies submitted proposals and Slate and Bayloc were selected to move forward.

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