By-law and Policy Review Presentation to Development Services - - PowerPoint PPT Presentation

Building Markham’s Future Together

Town of Markham Parkland Dedication By-law and Policy Review

Presentation to Development Services Committee June 26, 2012

Building Markham’s Future Together Towards a Sustainable Community

Markham Parkland Dedication By-law and Policy Review

Purpose of Today’s Presentation

The purpose of today’s presentation is to:

• Describe the preliminary approach to Parkland Dedication policy; and,
• Identify the next steps in the process.

Building Markham’s Future Together Towards a Sustainable Community

Markham Parkland Dedication By-law and Policy Review

Basis of the Policy Approach

The fundamental basis of the parkland dedication policy regime is characterized as a refined status quo. As such, we are suggesting a number of key refinements that will make the application of the approach more easily understood and more consistently applied. It is our opinion that the approach that is recommended is:

• consistent with Provincial legislation;
• is fair and equitable; and,
• can be applied consistently.

Building Markham’s Future Together Towards a Sustainable Community

Markham Parkland Dedication By-law and Policy Review

Issue 1: Identify Parkland Acquisition Tools

The Town can acquire parkland through a number of tools, in addition to the conveyance requirements of the Planning Act, including:

• funds allocated in the Town’s budget;
• donations, gifts, bequests;
• funds or land provided by any authority having jurisdiction;
• density transfers, height and/or density bonusing; and,
• expropriations.

Building Markham’s Future Together Towards a Sustainable Community

Markham Parkland Dedication By-law and Policy Review

Issue 2: Conveyance of Land

The conveyance of land through development/redevelopment under the Planning Act:

• 2% of land area for commercial or industrial development;
• 5% of land area for all other land uses, except residential;
• for residential uses, either 1 ha per 300 dwelling units, or 1.2141 ha

per 1,000 people, whichever is less; and,

• for mixed use development, calculated based on the pro-rated sum
• f the requirements for the various uses proposed.

Building Markham’s Future Together Towards a Sustainable Community

Markham Parkland Dedication By-law and Policy Review

Issue 2:…Conveyance of land

• provide a definition of what constitutes “land area”;
• requirement that land conveyed be used for public parkland purposes;

and,

• identify that public parkland may be sold at any time by the municipality.

In addition to the typical Planning Act approach, there will be policy direction that permits the Town to vary parkland dedication requirements to ensure that all identified parkland requirements are achieved, including the provision of Community-scale, or Town-wide parkland.

Building Markham’s Future Together Towards a Sustainable Community

Markham Parkland Dedication By-law and Policy Review

Item 3: Cash-in-lieu of Parkland

• identify Town’ primary intent to acquire parkland;
• ensure that Town may accept cash-in-lieu of parkland, at its discretion;
• identify circumstances where cash-in-lieu is appropriate;
• ensure that all monies collected to go to a “special parkland account”;

and,

• include policy related to investment of monies in the “special parkland

account”.

Building Markham’s Future Together Towards a Sustainable Community

Markham Parkland Dedication By-law and Policy Review

Issue 4: Determination of Value

• identify when in the planning approvals process that cash-in-lieu is

valued – typically at Site Plan Approval or Draft Plan Approval; and,

• policy to require appropriate appraisal, and opportunity for Town Peer

Review at the applicants expense.

Building Markham’s Future Together Towards a Sustainable Community

Markham Parkland Dedication By-law and Policy Review

Issue 5: Credits/New Requirements

• policy to require additional parkland when development intensification is

proposed, or there is a change to a residential or mixed use project; and,

• potential for parkland credit where over-dedication results from reduced

development potential.

Building Markham’s Future Together Towards a Sustainable Community

Markham Parkland Dedication By-law and Policy Review

Issue 6: Reductions/Exemptions

• policies for the Town to reduce or exempt certain forms/types of

development from parkland dedication requirements; and,

• to be determined on a case by case basis, at the discretion of the Town.
• the Town will reserve the right to promote alternative parkland

dedication requirements, or cash-in-lieu of land, for higher density residential land uses, including, potentially the provision of a cost per person or cost per unit cap, among other approaches.

Building Markham’s Future Together Towards a Sustainable Community

Markham Parkland Dedication By-law and Policy Review

Issue 7: Comprehensive Planning

• for large, greenfield or intensification areas, a requirement for

comprehensive planning, including an Area Specific Parkland Agreement;

• for existing neighbourhoods a requirement for a Leisure System Service

Analysis to determine level of parkland/recreation facilities; and,

• pportunity for Town to use cash-in-lieu funds to acquire parkland in

areas identified as underserved by the Leisure System Service Analysis.

Building Markham’s Future Together Towards a Sustainable Community

Markham Parkland Dedication By-law and Policy Review

Issue 8: Land Acceptable/Not Acceptable

• all lands conveyed to the Town as public parkland to be in a physical

condition acceptable to the Town;

• policy to identify, specifically, what lands are not considered acceptable

to the Town;

• pportunity for the Town to accept lots in lieu of parkland, and the

requirement that they be sold to generate funds for the “special parkland account”; and,

• pportunity for the Town to accept non-contiguous lands, provided

lands to be conveyed are approximately equal in value.

Building Markham’s Future Together Towards a Sustainable Community

Markham Parkland Dedication By-law and Policy Review

Issue 9: Administration…

• Town to pass a Parkland Dedication By-law to implement policy regime;
• administration of the By-law to be delegated to the Director of Planning

and Urban Design;

• no Building Permits to be issued unless parkland dedication/cash-in-

lieu arrangements satisfactory to the Town have been made;

• disputes to be resolved at the Ontario Municipal Board;
• legal/administrative costs to be responsibility of applicant; and,
• requirement that the by law be reviewed and updated every 2 years.

Building Markham’s Future Together Towards a Sustainable Community

Markham Parkland Dedication By-law and Policy Review

Issue 9: …Administration

Given that the proposal is not a major departure from current practice it is suggested that:

• it be implemented first through a rewritten policy section as part of the
• ngoing Official Plan Review, and not through a topic-specific Official

Plan Amendment; and,

• that the implementing Parkland Dedication By-law be prepared and

approved following adoption of the Official Plan Review process.

Building Markham’s Future Together Towards a Sustainable Community

Markham Parkland Dedication By-law and Policy Review

Next Steps

• Meet with BILD and other representatives of the development industry;
• Complete the Council Interview process;
• Finalize:
• The Interim Report
• The DRAFT Official Plan Policy Section
• The DRAFT Parkland Dedication By-law
• The DRAFT Parkland Dedication Administrative Manual; and,
• Report back to Development Services Committee in September for a

final presentation.