A G E N D A. That the agenda for June 14, 2018 be approved as printed. (5.1) Minutes of the previous Heritage Committee Meeting (May 10, 2018).

Transcription

1 INNISFIL MUNICIPAL HERITAGE COMMITTEE A G E N D A MEETING DATE: June 21, 2018 TIME: 7:00 p.m. LOCATION: Town Hall Meeting Room 2 CHAIR: Deb Crawford 1. CALL TO ORDER 2. APPROVAL OF AGENDA (2.1) Approval of the Agenda for June 14, 2018 Recommendation That the agenda for June 14, 2018 be approved as printed. 3. DISCLOSURE OF INTEREST AND THE NATURE THEROF 4. PRESENTATIONS AND DELEGATIONS None received. 5. BUSINESS ARISING FROM THE PREVIOUS MINUTES (5.1) Minutes of the previous Heritage Committee Meeting (May 10, 2018). (5.2) Chair s Report Recommendation That the report from the Committee Chair be received as information.

2 6. NEW & UNFINISHED BUSINESS (6.1) Working Group Updates (a) (b) (c) (d) Heritage Property Research and Evaluation Group Cookstown Heritage Conservation District Working Group Communications Working Group Heritage Financial Incentives Working Group Recommendation That the update provided by the Heritage Committee Working Groups be received as information. (6.2) Draft Heritage Interpretive Sign Editorial and Graphics Recommendation That the draft heritage interpretive sign editorial be received. (6.3) Staff Report DSR Draft Guidelines for Implementing Section 37 of the Planning Act Public Comment Period Recommendation That the comments regarding Staff Report DSR Draft Guidelines for Implementing Section 37 of the Planning Act be received as information. 7. FOR INFORMATION PURPOSES (7.1) Web link County of Simcoe Archaeological Management Plan - (7.2) Archaeological Management Plan Documents and Notices - Recommendation That item 7.1 and 7.2 be received as information. Page 2 of 3

3 8. PENDING LIST ITEMS (8.1) Plaque ceremony for th Line (Cortelluci/Sawyer Property) No new information at this time. (8.2) Soules Cemetery Information was provided to the County of Simcoe and Archaeological Services Inc. who are undertaking the County s Archaeological Management Plan study regarding this burial site and its location. 9. ANNOUNCEMENTS MEMBERS OF THE COMMITTEE 10. COMMENTS AND QUESTIONS FROM THE PUBLIC 11. UPCOMING COMMITTEE MEETINGS July 12, 2018 (if required) August 9, 2018 (if required) September 13, 2018 No October Meeting due to Municipal Election 12. ADJOURNMENT Recommendation That the meeting adjourn at p.m. Page 3 of 3

4 INNISFIL MUNICIPAL HERITAGE COMMITTEE HERITAGE REPORT MEETING DATE: May 10, 2018 TIME: 7:00 pm LOCATION: CHAIR: ATTENDANCE: Innisfil Town Hall Community Rooms B&C Deb Crawford Roger Johnson, Member Jeanette Blommaert, Innisfil Historical Society/Member: Kevin Jacob, Assistant Clerk REGRETS: Councillor D. Lougheed 1. CALL TO ORDER The Chair called the meeting to order at 7:01 p.m. 2. APPROVAL OF AGENDA (2.1) Approval of the Agenda for May 10, 2018 Resolution Moved By: Seconded By: J. Blommaert R. Johnson That the agenda for May 10, 2018 be approved as amended with the addition of Item 6.6. CARRIED 3. DISCLOSURE OF INTEREST AND THE NATURE THEROF None disclosed. 4. PRESENTATIONS AND DELEGATIONS None received.

5 May 10, 2018 Heritage Report No Page 2 of 5 5. BUSINESS ARISING FROM THE PREVIOUS MINUTES (5.1) Minutes of the previous Heritage Committee Meeting (April 12, 2018). The Committee Co-ordinator advised that Council approved the addition of the Nightingale House onto the Town s Municipal Heritage Registry. (5.2) Chair s Report The Chair advised that much of her work the past month will be covered in the Working Group updates. Resolution Moved By: Seconded By: R. Johnson J. Blommaert That the reports regarding the Minutes of the April 12, 2018 Committee meeting and from the Committee Chair be received as information. CARRIED 6. NEW & UNFINISHED BUSINESS (6.1) Working Group Updates (a) Heritage Property Research and Evaluation Group Jan Blommaert advised that the group is continuing its work compiling and researching the information needed for the Halfway House and Lucas House in order to move forward with the designation process. It was also noted that heritage property evaluations will also have to be completed for both properties to make final determinations. (b) Cookstown Heritage Conservation District Working Group Roger Johnson provided an overview of the monthly meeting with the Town s planning staff regarding current Heritage Permits and Cookstown CIP applications. He noted that discussion took place concerning the removal of several mature trees from a location with the HCD which is in contravene of the HCD Guidelines. The following motion was adopted by the Committee:

6 May 10, 2018 Heritage Report No Page 3 of 5 Resolution Moved By: Seconded By: R. Johnson J. Blommaert That Council direct staff to consider implementing a tree inventory within the boundaries of the Cookstown HCD for the purposes of documenting the canopy of the HCD. CARRIED (c) Communications Working Group To be addressed in Item 6.3 (d) Heritage Financial Incentives Working Group Resolution The Committee Co-ordinator will set up a meeting with the Working Group, Treasurer and Planning Staff regarding a potential property tax rebate for properties with the HCD. The Chair advised that it may be possible to have a couple of the Student Planners help with researching some heritage properties. Moved By: Seconded By: J. Blommaert R. Johnson That the update provided by the Heritage Committee Working Groups be received as information. CARRIED (6.2) 2018 Wing Ding Invitation to Participate (June 2, 2018) Roger Johnson advised of an invitation for the Committee to participate in the annual Wing Ding event taking place on Saturday, June 2 in Cookstown. The Committee discussed the invitation and decided to put together a display of Cookstown photos that will be placed in the old Library for the weekend. The Committee will put together a display of old photographs of Cookstown for the event. Resolution Moved By: Seconded By: R. Johnson J. Blommaert That the discussion regarding the invitation to participate in the 2018 Cookstown Wing Ding on June 2, 2018 be received. CARRIED

7 May 10, 2018 Heritage Report No Page 4 of 5 (6.3) Heritage Interpretive Sign Locations Committee members discussed potential subjects for the next round of heritage interpretative signs. The Committee decided on the following subjects / locations: Innisfil Beach Park Beach of Innisfil Francis Hewson David Soules Lennoxville Committee members will begin to prepare draft editorial and research photographs for the signs and report back at the June Committee meeting. Resolution Moved By: Seconded By: J. Blommaert R. Johnson That the discussion regarding potential heritage interpretive sign locations for 2018 be received; and That Committee members begin preparing draft editorial and research potential photographs for report back at the June Committee meeting. CARRIED (6.4) Canada Heritage Map Contest Winners Resolution Moved By: Seconded By: R. Johnson J. Blommaert That the discussion regarding a potential event recognizing the winners of the 2017 Canada 150 Heritage Map Contest received; and That the Committee hold the drawing of the winners at an upcoming Council meeting in June. CARRIED 7. FOR INFORMATION PURPOSES (7.1) Newsletter Acorn in a Nutshell published by the Architectural Conservancy of Ontario dated April (7.2) Article - Bond Head worthy of consideration for heritage conservation district status by Lynda Usher, Bradford West Gwillimbury Topic dated April 24, 2018.

8 May 10, 2018 Heritage Report No Page 5 of 5 (7.3) Presentation Town of New Tecumseth, Beeton Heritage Conservation District Study Public Information Workshop dated April 25, Resolution Moved By: Seconded By: J. Blommaert R. Johnson That item 7.1 through to 7.3 be received as information. CARRIED 8. PENDING LIST ITEMS (8.1) Plaque ceremony for th Line (Cortelluci/Sawyer Property) No new information at this time. (8.2) Soules Cemetery No new information at this time. 9. ANNOUNCEMENTS MEMBERS OF THE COMMITTEE None received. 10. COMMENTS AND QUESTIONS FROM THE PUBLIC Bruce Chambers suggested an information brochure be created to be distributed to both new and existing residents residing within the Cookstown HCD on the heritage permit process and emphasize what work needs and what does not need a heritage permit. 11. UPCOMING COMMITTEE MEETINGS June 14, 2018 September 13, ADJOURNMENT Resolution Moved By: Seconded By: R. Johnson J. Blommaert That the meeting adjourn at 8:35 p.m. CARRIED

9 STAFF REPORT EXECUTIVE SUMMARY STAFF REPORT NO: DSR DATE: June 20, 2018 To: From: Subject: Mayor, Deputy Mayor and Members of Council Paul Pentikainen, Senior Policy Planner, Tim Cane, Manager of Land Use Planning Draft Guidelines for Implementing Section 37 of the Planning Act EXECUTIVE SUMMARY: Section 37 of the Ontario Planning Act permits the Town to consider and authorize increases in height and/or density of development through a site specific zoning by-law amendment, in return for community benefits. Though bonusing is already permitted (enabled) under the Town s Official Plan, the Town has not previously entered into a Section 37 agreement. However, with changes to the Provincial Growth Plan increasing the number of requests for height and/or density in the Town, there is a need to provide clarity on how these bonusing policies will be implemented in a transparent and consistent manner. The provision of community benefits can assist with public acceptance of the increased density associated with local projects. In general, the draft implementation guidelines are specifying that for the eligible projects proposing an increase in height (i.e. when located within Downtown Commercial Area or Major Transit Station Area) or density (i.e. when an increase of 10% or more anywhere in the Town) to the Zoning By-Law, the value of all community benefits provided must be a minimum of 25% of the increase in land value resulting from the increase in height or density. RECOMMENDATION: That the Draft Guidelines for Implementing Section 37 of the Planning Act be received as information and Staff report back to Council with Final Guidelines on August 8, That Council and the public provide any comments they may have no later than July 25, 2018 in order for the comments to be considered as part of the finalization of the Guidelines.

10 TOWN OF INNISFIL STAFF REPORT Staff Report No.: DSR Date: June 20, 2018 To: From: Subject: Mayor, Deputy Mayor and Members of Council Tim Cane, Manager of Land Use Planning Draft Guidelines for Implementing Section 37 of the Planning Act RECOMMENDATION: That the Draft Guidelines for Implementing Section 37 of the Planning Act be received as information and Staff report back to Council with Final Guidelines on August 8, That Council and the public provide any comments they may have no later than July 25, 2018 in order for the comments to be considered as part of the finalization of the Guidelines. BACKGROUND: Section 37 of the Ontario Planning Act permits the Town to consider and authorize increases in height and/or density of development through a site specific zoning by-law amendment, in return for community benefits. The basic premise of this legislative tool is that community impacts are likely to occur with increases in height and density and therefore offsetting community benefits should also occur. The community benefits secured through a Section 37 agreement would be in addition to any other requirements of the Town s Official Plan, the Planning Act, the Development Charges Act or any other legislative requirement. Though bonusing is already permitted (enabled) under the Town s Official Plan, the Town has not previously entered into a Section 37 agreement. However, with changes to the Provincial Growth Plan increasing the number of requests for height and/or density in the Town, there is a need to provide clarity on how these bonusing policies will be implemented in a transparent and consistent manner. The provision of community benefits can assist with public acceptance of the increased density associated with local projects. In order to provide clarity and transparency in the process for implementing bonusing policies, several municipalities in Ontario and the Greater Toronto Area (GTA) such as Vaughan, Ottawa, Newmarket and Toronto have adopted implementation guidelines. These municipalities have significant experience applying Section 37 policies. Staff assessed the best practices and experiences of these jurisdictions in preparing the Draft Guidelines that are found as Attachment 1 and summarized in the following section of this report. /

11 Staff Report DSR June 20, 2018 Subject: Draft Guidelines for Implementing Section 37 of the Planning Act Page 2 of 4 ANALYSIS/CONSIDERATION: The overall purpose of the Draft Guidelines is to provide a clear and consistent implementation structure for the bonusing policies of the Town s Official Plan by: Describing the process for negotiating Section 37 Agreements; Identifying the developments that may be eligible for Section 37 bonusing; and Setting out the methodology to calculate valuations for Section 37 contributions. The following provides a summary and rationale of the Draft Guidelines: Summary Bonusing may be considered for projects proposing an increase in height (i.e. when located within areas designated Downtown Commercial Area or Major Transit Station Area in the Town s Official Plan) or density (i.e. when an increase of 10% or more) to the Zoning By-Law. The value of all community benefits provided must be a minimum of 25% of the increase in land value resulting from the increase in height or density this value will be determined through an independent professional appraisal report. Rationale The Town s downtown commercial areas of Alcona, Lefroy, Cookstown and Sandy Cove, as well as the area around the future Innisfil GO Station are where the highest buildings in the Town are envisioned in the Town s Official Plan and where the demand for increased building heights will likely be greatest. The draft guidelines are therefore proposing that additional increases to these heights will only permitted subject to a Section 37 agreement. The draft guidelines are proposing that for developments across the Town, when the density otherwise permitted in the Zoning By- Law is increasing by 10% or more, that a Section 37 agreement will apply. This is to ensure that density increases are minimized in order to protect the Town s character and also to ensure that the Section 37 agreement will provide community benefits to offset the impacts of the increased density on the surrounding neighbourhood. In the Implementation Guidelines of the several municipalities that were assessed, many have identified a specific percentage (e.g. Newmarket identified 25%) or a range (e.g. Vaughan identified 20-35%, Mississauga identified 20-40%) for the value of the community benefits that would be secured through a Section 37 agreement, while some (e.g. Toronto) do not specify a value at all. An alternative approach that some municipalities (e.g. Ottawa) have taken is to provide an uplift value rate per square metre that is updated annually. To provide consistency in calculating the value of community benefits for all Section 37

12 Staff Report DSR June 20, 2018 Subject: Draft Guidelines for Implementing Section 37 of the Planning Act Page 3 of 4 Only Staff shall be involved in discussing or negotiating Section 37 Community Benefit(s) with the applicant/owner Council and the public will have the opportunity to provide comments at the Statutory Public Meeting. An increase in height and/or density must be reasonable and generally consistent with Official Plan policies to reinforce good planning principles. The community benefits should be provided in the general vicinity of and have a direct relationship or connection with the development project. An agreement will be registered on the title of the property to secure the identified community benefits and how any cash benefit will be used. Any cash-in-lieu proceeds not spent on an associated community benefit project will be placed in a dedicated Section 37 Reserve Fund managed by the Town s Treasurer and the Town will prepare an annual financial statement detailing monies collected under Section 37 bonusing and make it available to the public. agreements in Innisfil, Staff is recommending that a precise value of 25% of the increase in land value (based on the results of appraisal) be used. This means that developments resulting in a greater increase in land value (because of the additional height and/or density) and potentially a greater community impact would be providing a higher value of community benefits to offset the impact. This will support a clear and transparent process for negotiating Section 37 agreements. This will ensure that any development resulting from a Section 37 agreement represents good planning and is appropriate to the Innisfil context. Since the increased height or density will have greatest impact on the immediate surrounding area, this will ensure that the community benefits are provided to most directly offset this impact. This is to ensure that the Section 37 agreement is executed and that the community benefits are realized. This is a requirement of the Planning Act to ensure transparency. Staff have already consulted with the Town s Development Liaison Group (DLG) on these Draft Guidelines (at their meeting on May 31, 2018) and few comments were received at the meeting. Most of the preliminary comments from DLG were focused on clarification in how the increase in value would be calculated (Staff clarified that it would be calculated based on the results of an independent appraisal report) and the projects that would be eligible for bonusing (Staff clarified that Section 37 agreements would apply to a Zoning By-Law amendment that increases the height or density as specified in the draft guidelines; Staff also noted that there is often a delay in amending the Zoning By-Law to reflect revised permissions of the Official Plan).

13 Staff Report DSR June 20, 2018 Subject: Draft Guidelines for Implementing Section 37 of the Planning Act Page 4 of 4 OPTIONS/ALTERNATIVES: Council can provide Staff with comments to consider in preparing the Final Guidelines. Alternatively, Council can also direct Staff not to proceed with preparing Final Guidelines. However, Staff feel that guidelines are needed to provide a clear and transparent process for implementing the Town s bonusing policies that are enshrined in both the existing and adopted Town Official Plans. This will provide the Town with additional community benefits that will support the development of Innisfil as a complete community as it continues to intensify to meet County and Provincial growth targets. FINANCIAL CONSIDERATION: There are no direct financial implications from adopting the recommendations of this report. However, once the Final Guidelines are adopted and implemented through future Section 37 agreements, this will provide financial benefits to the Town and assist in funding capital projects that would otherwise be unaffordable. CONCLUSION/NEXT STEPS: Staff respectfully requests that any comments that Council and the public have are provided prior to July 25, 2018 in order that they may be considered and reflected in revised guidelines where appropriate. Once finalized and adopted, the Guidelines will provide a clear and transparent framework for implementing bonusing policies in Innisfil. PREPARED BY: Paul Pentikainen, Senior Policy Planner APPROVED BY: Tim Cane, Manager of Land Use Planning Attachments 1. Draft Guidelines for Implementing Section 37 of the Planning Act

14 Draft June 2018 GUIDELINES FOR IMPLEMENTING SECTION 37 OF THE PLANNING ACT (Height & Density Bonusing) PLANNING SERVICES

15 Contents 1.0 Introduction Procedure Implementation Principles of Section Geographic Location of the Community Benefit Eligible Development Applications Determination of Appropriate Types of Community Benefit(s) Securing the Community Benefit(s) Calculation of Community Benefit(s) Increase in Land Value Formula Determine the Base Density Determine the Buildable Gross Floor Area (GFA) of Base Density Determine the Land Value that corresponds to Base Density Determine the Land Value that corresponds to the Proposed Density Calculate the Increase in Land Value and Section 37 Contribution Phased Developments Altering, Modifying or Replacing Guidelines P a g e

16 1.0 Introduction The purpose of these Guidelines is to provide a clear implementation structure for the bonusing policies of the Town s Official Plan by: 1. Describing the process for negotiating Section 37 Agreements; 2. Identifying which developments will be eligible for consideration of Section 37 bonusing; and 3. Setting out methodologies to calculate valuations for Section 37 contributions. Section 37 of the Planning Act permits a municipality to pass a zoning by-law amendment under Section 34, authorizing increases in the height and density of a development in exchange for the provision of facilities, services or matters as set out in the by-law. Subsection 37(2) of the Planning Act makes it clear that there must be an Official Plan in effect containing bonusing provisions relating to the authorization of increases in height and density. The Town s Official Plan provides these enabling policies. Section 37 does not outline a detailed list of the nature of the facilities, services or matters to be provided under Section 37, in exchange for increases in height and/or density, however the Town s Official Plan indicates the types of community facilities or services that the Town will consider as part of a Section 37 agreement (the Community Benefits ). In accordance with these Guidelines, the Town will have ultimate discretion in determining appropriate Community Benefits. These Guidelines must be read in conjunction with the policies of the Town s Official Plan and Zoning By-Law. If any conflicts arise between Official Plan/Zoning By-Law policies and these Guidelines, the Official Plan/Zoning By-Law policies shall prevail. 2.0 Procedure The Procedure regarding Section 37 Community Benefit negotiations for the Town is as follows: 2.1 The development application is submitted to Planning Services, requesting additional height and /or density. The submission is to include a Bonusing Justification Report which must address all the elements outlined in Sections 4, 5, 6, 7, and 8 of these Guidelines. 2.2 Council shall be notified of the development application, prior to the circulation of the Notice of Complete Application. As part of the application process, notification shall include application details, the increase in height and/or density being sought and a description of the proposed Community Benefit(s). 3 P a g e

17 2.3 Following the circulation of the Notice of Complete Application, staff will prepare a report for the statutory Public Meeting, which will outline the details of the proposed Section 37 Public Benefit for consideration by Council and the public. This report will include rationale for the increased building height and/or density and an explanation of the magnitude or nature of the proposed Community Benefit(s). 2.4 The statutory Public Meeting is held, including a discussion regarding the proposed increased building height and/or density and the nature of the proposed Community Benefit(s). An additional Public Meeting and/or Public Open House may be held if formulation of Community Benefit(s) requires additional time and/or community input. 2.5 Following the statutory Public Meeting, Staff may work with the applicant/owner to confirm the appropriateness of the proposed Community Benefit(s) and ensure that any calculations are completed in conformity with these guidelines. These details will form the basis of the Section 37 Agreement and implementing Zoning By-law. 2.6 Once the bonusing details are agreed upon, staff will prepare the final Report which will recommend (if appropriate): i. The preparation of the Section 37 Agreement by staff; and ii. Approval of the Zoning By-law Amendment (subject to securing the Community Benefit(s)). 3.0 Implementation Principles of Section 37 The following principles must be followed when negotiating Community Benefits under Section 37 of the Planning Act: 3.1 Only Staff shall be involved in discussing or negotiating Section 37 Community Benefit(s) with the applicant/owner. 3.2 The proposed development must be consistent with the policies of the Town s Official Plan and represent good planning as determined by Staff. 3.3 An increase in height and/or density must be reasonable and generally consistent with Official Plan policies to reinforce good planning principles. Community Benefit(s) shall be generally consistent with those provided for in the Town s Official Plan and as further outlined in these Guidelines. 3.4 The Community Benefits secured through a Section 37 agreement will be beyond what would otherwise be required by the Town s Official Plan, the Planning Act, the Development Charges Act or any other legislative requirement. 4 P a g e

18 3.5 Calculations determining the required level of Section 37 benefits (Community Benefit or cash-in-lieu value) shall be consistent with the formula provided in Section 8 (Calculation of Community benefits) of these Guidelines. 3.6 Specific Community Benefit(s) and the specific increase(s) in height and/or density shall be set out in the implementing zoning by-law. 3.7 There shall be a reasonable planning relationship and geographic connection between the location of the secured Community Benefit(s) and the increase in height and/or density in the contributing development, as determined by Staff. 3.8 Good architecture, good design and good planning are expected of all developments, and are not eligible Section 37 benefits. 3.9 In certain cases where projects are already providing a clear community benefit such as affordable rental housing or social housing (that is going significantly beyond any inclusionary zoning requirements the Town has in place), Council has the discretion on a case by case basis, whether or not to exempt certain development applications from providing Section 37 Community Benefit(s) in exchange for additional heights and/or densities. In implementing this policy, affordable rental housing will be defined as housing rented at or below the average CMHC market rents in the Barrie CMA. The landowner will be required to enter into an agreement with the Town to maintain the housing as affordable for a period of at least 20 years The Town will seek 25% of the increase in land value resulting from the increased height and/or density for Community Benefit(s), as set out in these Guidelines The value of all contributions will be indexed with the Statistics Canada Construction Price Index from the date of the agreement to the date of payment. 4.0 Geographic Location of the Community Benefit It is the Town s preference that the Community Benefit(s) provided in exchange for additional height and/or density for a development project be provided in the general vicinity of and have a direct relationship or connection with the development project. Community Benefit(s), or the cash equivalent, may also be accepted to address particular Town-wide needs which cannot be adequately addressed in the vicinity of the development. Staff will recommend and Council shall determine the appropriateness of the geographic location of any proposed Community Benefit(s). 5 P a g e

19 5.0 Eligible Development Applications Development applications eligible for bonusing must meet the following criteria: a. The development is proposed to be higher than the maximum height limit specified in the Zoning By-Law for the areas designated Downtown Commercial Area or Major Transit Station Area in the Town s Official Plan; or b. The development is proposed to be 25% or higher than the maximum density permitted in the Town s Zoning By-Law. 6.0 Determination of Appropriate Types of Community Benefit(s) The Town s Official Plan provides a list of the general types of Community Benefit(s) that are acceptable to the Town. The determination of appropriate Community Benefit(s) for a specific application shall be consistent with these Official Plan policies, the Town s Inspiring Innisfil Strategic Plan, or other Town adopted policies such as the Public Art Policy. Development applications requesting bonusing shall be required to be supported by a Bonusing Justification Report that sets out the Community Benefits proposed to be provided, the increase in density and/or height requested, the planning rationale for the requested increase in density and/or height, and demonstrate, to the satisfaction of staff, that the development: a. Represents good planning; b. Is consistent with the objectives of the Town s Official Plan, Corporate Strategic Plan or other Town Policy; c. Meets the applicable urban design and built form policies of the Official Plan or other applicable design guidelines; d. Represents appropriate development in the context of the surrounding character; e. Can be accommodated by existing or improved infrastructure; and f. Will not adversely impact the transportation network or, where cumulative impacts are identified, such impacts are accommodated through existing or planned road, transit improvements and/or other Transportation Demand Management measures. Following submission of the application, including the Bonusing Justification Report, staff will circulate the Notice of Complete Application to Council advising that Section 37 bonusing is being requested. 6 P a g e

20 Staff will then prepare the Planning Report describing details of the requested height/density and proposed Community Benefit(s). This will be presented at the statutory Public Meeting, where public feedback can take place. Following the Public Meeting, staff will work with the applicant/owner on the bonusing details including the form of Community Benefit(s). Staff will then prepare the final Report to be considered by Council. If appropriate, this Report will recommend: i. the preparation of the Section 37 Agreement by staff; ii. approval of the Zoning By-law Amendment (subject to securing the Community Benefit(s)); and iii. details of proposed Community Benefit. 7.0 Securing the Community Benefit(s) At the time of the enactment of the zoning by-law amendment, the applicant/owner will execute a Section 37 Agreement securing the Community Benefit(s). The agreement will be registered on title and will identify the Community Benefit(s), and how any cash benefit will be used. Cash contributions will be paid prior to the issuance of the first full (above-grade) building permit for the respective development. Any cash-in-lieu proceeds will be placed in a dedicated Section 37 Reserve Fund managed by the Town s Treasurer. In accordance with legislative requirements, the Town will prepare an annual financial statement detailing monies collected under Section 37 bonusing, and make it available to the public. Should excess funds remain after the reasonable completion and closing of a Community Benefit project, the Town shall maintain the excess funds in the Section 37 Reserve Fund to be used at the Town s discretion towards other Community Benefit projects. 8.0 Calculation of Community Benefit(s) The calculation of Community Benefit(s) shall utilize an increase in land value approach as a means of setting the value of Section 37 contributions. The contribution for Community Benefit(s) represents a reasonable portion of the increase in the land value resulting from an increase in height and/or density over the limits (i.e. Base Density ) identified in the Town s Official Plan. 7 P a g e

21 For these Community Benefit(s), the Town will seek to achieve a minimum value for Community Benefit(s) of 25% of the increase in land value resulting from the increase in height and/or density. 8.1 Increase in Land Value Formula The Increase in Land Value Formula shall be implemented using the following steps: 1. Determine Base Density 2. Determine the Buildable Gross Floor Area (GFA) from Base Density 3. Determine the Land Value that corresponds to Base Density 4. Determine the Land Value that corresponds to the Proposed Density 5. Calculate the Increase in Land Value and Section 37 Contribution (being 25% of the increase in land value resulting from the increase in height and/or density) Where terms used in this methodology are defined in the Town s Official Plan or Zoning By-Law, including but not limited to Gross Floor Area, Floor Space Index, and Land Area, the definition of those terms in the Town s Official Plan or Zoning By-Law shall be used Determine the Base Density The Base Density represents the maximum height and density permitted of a development site according to the Town s Zoning By-Law or Official Plan Determine the Buildable Gross Floor Area (GFA) of Base Density Lot Area (sq. m) x Base Density = Buildable GFA of Base Density Determine the Land Value that corresponds to Base Density A land value per square metre of buildable GFA shall be calculated according to the location and size (buildable floor area) of the development parcel. The values provided will be determined by an appraisal prepared by an accredited professional appraiser selected by the Town and at the sole expense of the applicant/owner, or by such other reasonable method as determined by the Town using MPAC and/or recent sale values for the property. The total value of the development site according to Base Density will be calculated as follows: Buildable GFA of x Est. Value per = Total Land Value Base Density sq. m of GFA under Base Density Determine the Land Value that corresponds to the Proposed Density The corresponding Land Value to the Proposed Density shall be calculated as follows: 8 P a g e

22 Buildable GFA of x Est. Value per = Total Land Value Proposed Density sq. m of GFA under Proposed Density Calculate the Increase in Land Value and Section 37 Contribution The Increase in Land Value and Section 37 contribution shall be calculated as follows: Step 1 Total Land Value under Proposed Density Total Land Value under Base Density = Increase in Land Value Step 2 Increase in Land Value x 25% of Increase in Land Value = Section 37 Contribution or cash-in-lieu value 8.2 Phased Developments The appraisal for phased developments shall proceed in stages. The initial land valuation shall be based on the Phase 1 Site Plan Agreement. The Town will appraise each additional phase at the time of building permit issuance. The appropriate Section 37 benefits may be collected in stages according to the timing of each phase. 9.0 Altering, Modifying or Replacing Guidelines Council reserves the right to alter, modify or replace these Guidelines as deemed appropriate. The first such review shall occur a minimum of one year after initial approval of these Guidelines. 9 P a g e