Loading...
HomeMy WebLinkAboutPD-47-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: PD -47.97 REPORT Meeting: General Purpose and Administration Committee Date: Monday, April 7, 1997 Report #: PD-47-97 Subject: PROPOSED PARKLAND AND OPEN SPACE DEDICATION BY-LAW AMENDMENT FILE: PLN 16.1.2 Recommendations: File # Nr-) _: Res. #L la a2 13 -- 9 7 By -law # 1"- 6 9 It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -47 -97 be received; and 2. THAT Council approve the proposed amendment to By -law 95 -105 as contained in this report. 1. BACKGROUND 1.1 Jourdan at Clarington Inc. has proposed a 52 unit apartment building within the Bowmanville East Main Central Area. On February 10, 1997, Council directed Staff to obtain a parkland dedication equal to 5% of the site totalling $22,500. The Council resolution also contained the following direction: "THAT Staff be directed to prepare a comprehensive report pertaining to Option 3 FORTHWITH, which reads as follows: "alternative Parkland Dedication at 0.33 hectares per 300 dwelling units "." 1.2 The Parkland Dedication By -law 95 -105 currently permits the Municipality to accept cash -in -lieu of parkland for medium and high density residential development at a rate of 1.0 hectare /300 dwelling units. This report examines the issues pertaining to the application of this alternative parkland dedication requirement. 674 REPORT 2.1 The Planning Act permits a municipality to acquire a parkland for all forms of residential development on the basis of 5% of the area subject to the application. This dedication can either be accepted as parkland or cash -in -lieu of parkland. This standard is typically applied to low density residential development. Where residential development occurs at a higher density, the need for parkland is greater than for lower density forms of development. Therefore, the alternative parkland dedication standard in the Act enables municipalities to obtain parkland at a rate of up to 1.0 hectare /300 dwelling units. The municipal official plan must contain appropriate policies to permit this alternative standard to be used. 3. OFFICIAL PLAN POLICIES 3.1 The parkland dedication policies in the Clarington Official Plan permit the municipality to acquire parkland or cash -in -lieu of parkland as part of a residential application. For residential development, redevelopment or plans of subdivision providing for low, medium, and /or high density uses, dedication shall be on the basis of 5% of the land proposed for development /redevelopment or 1.0 hectare /300 dwelling units, whichever is greater. These policies are similar to the Municipality's Parkland and Open Space Dedication By -law 95 -104. 3.2 A chart (Attachment #1) indicates the parkland dedication approaches that other municipalities in Durham Region, York Region, and Metro Toronto have taken. 4. PARKLAND DEDICATION BY -LAW 95 -104 The Parkland Dedication By -law 95 -104 permits the Municipality to acquire parkland and /or cash -in -lieu of parkland in accordance to the provisions of the Planning Act. The Municipality may acquire parkland at a rate of 5% of the area subject to the application. Alternatively, parkland may be acquired at the rate of 1.0 hectare /300 dwelling units (alternative parkland dedication standard), where this rate would yield a dedication greater than 5 %. The Municipality may accept REPORT , cash -in -lieu of parkland where a dedication would render a site undevelopable or where a land dedication does not meet the Municipality's park development goals or standards. Since this by -law was passed by Council, Staff have consistently applied the alternative parkland dedication provision where applicable. The alternative parkland dedication standard is applied to medium and high density residential development. It recognizes that demand for park and recreational services increases where higher densities exist. Therefore, assessing parkland requirement at a rate higher than 5% for medium and high density development is a prudent approach. The real question lies with the amount being assessed. 5. COMMENTS 5.1 Inequity Between Properties Based on the experience with the Jourdan application, there is an apparent inequity with applying the alternative parkland dedication standard to all areas within the Municipality as the amount of cash -in -lieu of parkland dedication is determined by land cost. Land prices, which vary throughout an urban area, are generally higher in "downtown" or Main Central Area than they would be in a Residential Area. The following chart provides an example of the price differential: Location Land Use Designation Residential Density Parkland Dedication 5% of Site Area: 1.0 ha /300 d.u: Jourdan Bowmanvil le Main Central Area 104 units /hectare $ 22,500 $156,000 Nantucket Courtice Residential 31 units /hectare $ 28,455 $ 52,371 Staff contacted Property Evaluators, a local appraiser, to shed some light on the price differential between Central Area (Downtown) property and residential we designated property. We were advised that the value of downtown Bowmanville property currently ranges between $625,000 and $750,000 per hectare. Compare this to the appraised value of the Nantucket property, we conclude that the land costs for downtown properties are approximately four times higher than residential lands elsewhere. 5.2 Proposed Amendment to the Parkland Dedication By -law This comparison highlights the inequity in land cost between the areas where downtown land prices could be four times as high compared to other residential areas. This appears to be a significant shortcoming in the current by -law that does not account for correction of this inequity. To rectify this situation, Staff propose an amendment that would reduce the required alternative parkland requirement from 1.0 hectare /300 dwelling units to 0.25 hectares /300 dwelling units for development or redevelopment within Main Central Areas. This approach is reasonable and is in keeping with Council's decision to provide incentive for downtown development. 5.3 Staff would not recommend any further reduction from the recommended rate of 0.25 hectares /300 dwelling units as it would jeopardize the Municipality's ability to finance future park and recreational development. This position will be further weakened if the proposed development charges legislation removes the Municipality's ability to include parkland acquisition as a chargeable item under development charges. 5.4 Staff circulated the proposed alternative parkland dedication by -law amendment to the Public Works - Parks Division for comment. The Department has indicated no objections to the proposed amendment. 5.5 In summary, Staff recommend reducing the alternative parkland dedication requirement from 1.0 hectare /300 dwelling units to 0.25 hectares /300 dwelling roym PAGE 5 units for development or redevelopment within Main Central Areas for the following reasons: Reducing the parkland dedication requirement should alleviate some of the inequity of land costs between Main Central Areas and residential areas. Downtown development sites are therefore less penalized by high development costs. This provides some incentive for development and redevelopment of sites in Main Central Areas for high density residential projects. These developments help to reinforce the downtown areas. • The proposed standard is not based on a standard employed by another municipality. Staff feel that it is not appropriate to adopt the standards of other municipalities because land costs and development issues vary between municipalities. Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development RH *FW *jip Recommended for presentation to the Committee 41WIle W.H. Stockwell, Chief Administrative Officer Attachment #1 - Comparison of Municipal Parkland Dedication Standards for Medium and High Density Residential Development Attachment #2 - Amending By -Law 678 ATTACHMENT #1 • 9 A V %NS 1 RS03:1 MUNICIPALITY PARKLAND DEDICATION STANDARD Pickering - parkland accepted at 5% for all residential development - Pickering will accept parkland at 1.0 hectare per 300 dwelling units once the Official Plan is approved Ajax - parkland accepted at 5% for all residential development Whitby - parkland accepted at 1.0 hectare /312 dwelling units Oshawa - parkland accepted at 0.1 hectares /300 dwelling units for Downtown Oshawa based on density - parkland accepted at 0.15 hectares /300 dwelling units for Main Central Areas, Sub - Central Areas, and Community Central Areas based on density - parkland accepted at 0.3 hectares /300 dwelling units for medium and high density development in other areas - standard cash -in -lieu requirements for development subject to site plan approval, residential infill, and severances Richmond Hill - parkland accepted at 1.0 hectare /300 dwelling units Markham - parkland accepted at 1.0 hectare /300 dwelling units North York - parkland accepted at 5% for all residential development City of Toronto - stacked townhouses are assessed at 5% - parkland dedication requirements for high density residential development are negotiated on a site specific basis 679 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NUMBER 97- being a By -Law to amend By -Law 95 -104, the Parkland and Open Space Dedication By- Law for the Corporation of the Municipality of Clarington. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By -Law 95 -104 of the Corporation of the Municipality of Clarington in accordance with a request to amend the alternative parkland dedication standard; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it appropriate to amend By -law 95 -104, NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. By -Law 95 -104 is hereby amended by inserting the following new section: "5. Notwithstanding Section 4, the Municipality may require the conveyance of land for park purposes at a rate of up to 0.25 hectares per 300 dwelling units for residential development within designated Main Central Areas where these rates would yield a conveyance greater than five percent provided that such lands have been excluded from lands subject to the five percent parkland dedication requirements under Section 3 and; (a) in all cases, the amount of the conveyance shall be a minimum of two percent of the land; and, (b) where development proposals contain residential and commercial components, the parkland dedication shall only be applied to the residential component." The subsequent sections will be renumbered accordingly. 2. By -Law 95 -104 is amended on the date of passing hereof. By -Law read a first time this day of 1997. By -Law read a second time this day of 1997• By -Law read a third time and finally passed this day of 1997. MAYOR CLERK 68' 0