|
|
|
|
|
|
|
|
|
|
|
TO: |
Mayor and Members of Council |
|
|
|
|
FROM: |
Jim Baird, Commissioner of Development Services Valerie Shuttleworth, Director of
Planning & Urban Design |
|
|
|
|
PREPARED BY: |
David Clark, Town Architect |
|
|
|
|
DATE OF MEETING: |
2003-Sep-09 |
|
|
|
|
SUBJECT: |
Parkland Strategy for Markham
Centre |
|
|
|
RECOMMENDATION:
Whereas
the ‘Parkland Principles’ outlined in the report entitled “‘Parkland Strategy
for Markham Centre”, dated September 9th, 2003 recognize the unique nature and
location of Markham Centre within the Town as Markham’s high density, urban,
mixed-use downtown core,
And whereas, public parkland in the form of appropriately
scaled parks, urban squares and plazas will be
distributed throughout the Markham Centre plan and be integrated with built
form and surrounding uses, where appropriate, and contribute to a wide range of
public activities and year round use,
And whereas, the park dedication standards,
established in OPA 21 represent a fundamental structuring element in the
delivery of the Markham Centre vision and plan,
Therefore be it resolved that the ‘Parkland
Principles’ attached as Appendix A to the report entitled “Parkland Strategy
for Markham Centre”, dated September 9th, 2003, be endorsed and incorporated as
an Appendix to OPA 21, as amended.
PURPOSE:
The purpose of this report is to provide a
parkland strategy for Markham Centre that will:
DISCUSSION:
Markham Centre parkland dedication standards should be maintained
The parkland dedication standards of the
Secondary Plan are a fundamental structuring element in the delivery of the
Markham Centre vision and plan. Through negotiations with the landowners at the
time, and in recognition of the urban nature of parkland in Markham Centre the
residential standard was reduced at the time of the Secondary Plan approval
from the higher standard of 4 acres per thousand population being achieved in
the other urban expansion areas of the Town. The OPA 21 standards were set at
3acres per thousand population for residential development and 2% for
commercial.
The Town has encouraged the development of a
wide range of urban parks, squares and plazas within Markham Centre. The Town
has also recognized that the parks should be developed at a higher standard of
design and finish appropriate to their urban downtown setting and their
anticipated level of activity and use by the public.
The Town recognizes that parkland dedication in
land, which is the preferred alternative, cannot always be achieved especially
on higher density smaller sites such as Tenstone and Liberty. Nevertheless
parkland dedication is likely to be achieved totally in land dedication within
larger precincts such as the Remington Draft Plan. Staff is concerned that a
parkland dedication strategy that contemplates ‘crediting’ developments for
enhancements and other public benefits should be able to be equitably applied
across Markham Centre and not erode overall parkland dedication standards.
The parkland strategy contemplates giving
credit to an owner for the delivery of enhanced park improvements beyond the
Town’s base standard (currently at approximately $85,000 per acre). Staff are
proposing that the Town credit enhanced improvements to parkland up to a
maximum of three times the base standard. Staff are also recommending that land
value for the calculation of cash-in-lieu should be established annually by
appraisal as an average across the whole of the Markham Centre plan so that
land can be treated equitably and owners not subject to variation based on
specific locational characteristics. As well staff is recommending that land
value be calculated as of the day before draft approval of a plan of
subdivision.
Parkland in Markham Centre can provide a
suitable location for below grade parking facilities to be developed, where
appropriate. Below grade parking can provide benefits to the public by removing
vehicles from the surface where land can be developed for better purposes and
in some cases the below grade parking can be made available for public use.
Compensation should be received by the Town for the conveyance of below grade
parking rights. Staff is recommending that credit may be applied to the
compensation required of an owner to the extent that the parking achieves
demonstrable public benefits, such as general public access to underground
parking.
The Tenstone report of July 7, 2003 outlined
three possible alternative approaches to an urban parkland strategy for Markham
Centre. Under Alternative A the Town would take cash-in-lieu payment and use
the funds to purchase improved parkland from the owner at one time or on a
phased basis. Under Alternative B the Town would exempt the owner from all, or
a portion of the cash-in-lieu requirement on the basis of certain enhancements
provided by the owner that provide demonstrable public benefits. Under
Alternative C the Town would give grants back to the owner for the delivery of
public benefits.
In the report regarding the Development Agreement
principles for the Tenstone development entitled ‘Tenstone Developments Inc.’ dated July 7, 2003 staff recommended
that finalization of the parkland dedication be pursued in the context of
either Alternative A or B. Alternative C which relied on grants was not
recommended as a desirable alternative.
Council endorsed principles for the Tenstone Development Agreement
On July 8, 2003 Council endorsed certain
principles that were to be incorporated into a Development Agreement with
Tenstone Developments for their proposed development at the north-west corner
of Highway 7 and Town Centre Boulevard in Markham Centre. One of the key
principles to be addressed in the final agreement deals with the manner in
which the development will meet the parkland dedication requirements of the
Secondary Plan.
During the negotiations with Tenstone regarding
this matter the applicant raised the issue of whether the Town’s current
parkland dedication standards in OPA 21 were appropriate given their assessment
of the financial impact of the requirement to provide land and/or cash-in-lieu
calculated at 3 acres per thousand population against high rise residential
development. Staff confirmed that most other municipalities within the GTA
reduced high-rise residential dedication standards by a number of different
methods such as capping land dedication or reducing land value for downtown
property, for the purpose of calculating cash-in-lieu requirements. However, staff maintain that the park
dedication standards in OPA 21 represents a fundamental structuring element in
the delivery of Markham Centre, and should be maintained.
Tenstone also proposed that credit be given for
certain enhancements that were to be incorporated into the park. The Tenstone
park was proposed to be constructed at a value of approximately $225,000 per
acre (or three times the Town’s current standard). The $225,000 per acre cost
was considered by staff to deliver a high quality urban park comparable to the
level of design and finish of Millennium Park on the north side of Cox
Boulevard, and the principle of a credit for a higher park development standard
was supported. Tenstone also believed that the Town should waive compensation
for the granting of below grade parking rights under a portion of the
park. This can be supported, subject to
the underground parking achieving demonstrated public benefits and/or being
secured for public use.
The current legislative framework does not
permit the Town to accept anything other than cash-in-lieu payments to cover
any shortfalls in land dedication to meet the parkland dedication requirements.
Further, cash-in-lieu monies can only be used by the Town to purchase land
either within Markham Centre or elsewhere within the Town to address any
parkland shortages.
At the meeting of July 9, 2003, Council
authorized Staff to bring forward a final parkland strategy for Markham Centre
for consideration and to incorporate the dedication strategy into the terms of
the Development Agreement with Tenstone. The recommended parkland principles
for Markham Centre are attached to this report as Appendix A. A report on the application of the parkland
principles to the Tenstone Development Agreement will be brought forward to the
September 23, 2003 meeting of the Development Services Committee.
FINANCIAL CONSIDERATIONS:
As set out in the principles
OTHER BUSINESS UNITS CONSULTED:
The Legal department have been involved in the
ongoing negotiations with Tenstone and in the preparation of the parkland
principles for Markham Centre
ATTACHMENTS:
Appendix A Parkland
Principles for Markham Centre
|
|
|
|
|
Valerie Shuttleworth, M.C.I.P., R.P.P. Director of Planning & Urban Design |
|
Jim Baird, M.C.I.P., R.P.P. Commissioner of Development Services |
Q:\Development\Planning\Teams\Markham
Centre\Reports\MKMParksCONF sept.9.doc
Appendix A
Parkland Principles for Markham Centre
These parkland principles are intended to guide the
dedication and delivery of public parks, squares and urban plazas throughout
the Markham Centre Secondary Plan area.
1. The park
dedication standards established in OPA 21 are to be maintained through the build
out of Markham Centre.
·
The 3 acre per 1000 population residential and 2% commercial
parkland dedication standard is a fundamental structuring element in the
delivery of the Markham Centre vision and plan
2. The
majority of Markham Centre parkland dedication requirements should be achieved
in land.
· Cash-in-lieu payments will be made to the Town at the time of the first development agreement – per project
3.
The
value of Markham Centre land will be established annually by appraisal as an
average across the whole of the Markham Centre Secondary Plan area, and brought
forward through a report to Council.
·
The
land value will be calculated as of the day before draft approval of a plan of subdivision
4. The Town may use cash-in-lieu monies to purchase parkland, including improved parkland within Markham Centre.
5.
The
Town will take all parkland in Markham Centre into Town ownership at the
earliest opportunity.
·
The
conveyance will be subject to and in accordance with approved phasing plans,
where applicable.
6.
Parkland
in Markham Centre will be urban in nature and developed to a higher standard of
design and finish.
·
The
Town’s goal is to achieve a park design standard that is delivered at a value
that is 3 times the park development standard, as it exists from time to time
on a Town-wide basis (currently $85,000 per acre).
7.
An
owner may convey improved parkland to the Town.
·
Lands
offered for parkland by a developer shall demonstrate a substantial public
benefit, as opposed to private benefit.
8.
An
owner may convey improved parkland to the Town on a phased basis.
·
The
lands to be conveyed will be subject to an approved phasing plan
·
The
lands identified for conveyance will be subject to arrangements satisfactory to
the Town to ensure that:
i.
A
registered reference plan to describe the lands is prepared by the owner
ii.
The
lands are maintained by the owner until such time as final improvements are
completed.
iii.
The
capital costs associated with the enhanced improvements to the parks
construction will be indexed to reflect the timing of the phased delivery of
the improved parkland.
iv. The lands, if required by the Town, are temporarily improved for interim park use, by the owner at the
owner’s cost until such time as final improvements are undertaken by the owner and such temporary improvements
are not creditable
v. The
lands are free of encumbrances
at the time of conveyance
vi. The lands have environmental
clearance, to the satisfaction of the Town, prior to conveyance
vii. The lands can be transferred to the Town of
Markham only together with
construction
or other warranties that
would normally apply
viii. The
lands can only be used for parks purposes from and after approval and prior to conveyance to the Town, subject to any rights
granted by the Town
ix. Notwithstanding any phasing plan,
the lands will be conveyed to the Town on
or before a fixed date
9. The Town
will credit an owner for the conveyance of improved parkland.
·
The Town will credit the owner for the improved parkland as
land dedication at a base rate equal to the Park Development Charge rate as it
exists from time to time on a Town-wide basis (currently $85,000/acre)
·
The Town will credit any enhanced improvements to the
parkland beyond the base rate towards cash-in-lieu of land
dedication otherwise payable, up to a maximum of three times.
·
The proportion of public and private benefits will be
assessed based on the types of uses adjacent to the parkland, the extent and
proximity of those uses to the parkland at grade and the relationship of built
form to the parkland edges. (Generally, private residential uses adjacent to
parkland will be given a lower credit and retail or public uses a higher
credit.)
10.
The Town will consider granting below grade rights for the
development of structured parking facilities.
·
The opportunity and benefits of granting below grade rights
will be assessed in the context of each development application as it comes
forward
11.
Compensation to the Town will be required for any conveyance
of below grade rights to owners for private use.
·
The requirement for compensation can be reduced or waived
to the extent that below grade parking provides a demonstrated public
benefit and/or can be secured for public use.
