Review and Update of Guelph s Parkland Dedication Policies, Practices, Procedures and Bylaw. Key Stakeholder Session No.2 October 5 th, 2017

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1 Review and Update of Guelph s Parkland Dedication Policies, Practices, Procedures and Bylaw Key Stakeholder Session No.2 October 5 th, 2017

2 Agenda o Introductions o Parkland Dedication Background o Guelph Parkland Dedication Project Description o What We Heard Last Time o What s Been Done o Next Steps o Discussion

3 Project Team o The Planning Partnership o Prime Consultant o N. Barry Lyon Consultants o Financial Impact Analysis o Market Research o McCarthy Tetrault o Legal Advice / Implications o S.W. Irvine & Associates o Land Valuation

4 Parkland Dedication Background Ø Value of Public Parks Ø Parkland Dedication Ø Planning and Policy Context

5 Value of Public Parks o Investments in the public realm and parks contribute to: o City image o Public health o Quality of life o Community development o Environmental health and promotion of ecological services o Increased property values o Promotion of private investment o Improved tourist/visitor experience

6 Parkland Dedication o Parkland dedication is one of a number of tools employed by municipalities to secure public parkland (and manage or facilitate development) o Others include: section 37, direct investment, shared-use agreements and donations o Parkland dedication is triggered when development occurs o Dedication can take the form of land or payment-in-lieu o Planning Act sets out parameters for dedication policies and municipalities enact through Official Plans and bylaws

7 Planning and Policy Context o Ontario Planning Act states: o As a condition of development or redevelopment, a municipality may require conveyance of land for park or other public recreation purposes at a rate up to 2% for commercial and industrial and 5% for all other uses o Municipality may require park dedication at an alternative rate for residential uses at a rate up to 1 ha per 300 units proposed o Municipality may accept payment-in-lieu of land to the value of the land otherwise required

8 Planning and Policy Context Recent Events o Richmond Hill OMB o Main premises of appeal: o Whether lesser alternative rates should be stated in OP (vs bylaw) o Whether Town s alternative rates were reasonable (claiming max) o Whether Town s parkland policies, generally, would have negative impacts on affordability and intensification o Whether Town s approach was adequately justified o OMB ruled against Town Divisional Court ruled against OMB Court of Appeals hearing September 26 th, 2017

9 Planning and Policy Context Recent Events o Planning Act Changes, 2016 o Municipalities must complete a parks plan that examines the need for parkland, prior to adopting alternative parkland dedication requirements (1ha / 300 units or lower) o Does not apply when OP policies have been adopted prior to December, o Cash-in-lieu of land at alternative dedication rates is capped at 1ha / 500 units proposed

10 Parkland Dedication Project Description Ø Parkland Dedication in Guelph Ø Project Description

11 Parkland Dedication in Guelph o Very little undeveloped areas remaining in Guelph o Like many municipalities in Southern Ontario, Guelph s development patterns are changing o Growth Plan targets (45,000 new residents ) o Urbanizing o Intensifying o Projected growth will largely be accommodated by redevelopment and intensification o Where do new parks go?

12 Parkland Dedication in Guelph o Guelph s Parks Dedication By-law established in 1989 with two subsequent amendments in 1990 and 2007 o Current bylaws apply parkland dedication caps for higher density residential developments (10% of land area) and for downtown development (5% of land area) o Existing cash-in-lieu valuation policies are outdated o Planning context has substantially changed since 1989 and an updated approach to dedication is required

13 Project Description o The Review and Update of Guelph s Parkland Dedication Policies, Practices, Procedures & Bylaw o The Study: o Best practice review; o Community/Stakeholder engagement; o Preparation of parkland dedication policies, procedures and framework for a new parkland dedication bylaw.

14 Project Description Goals and Objectives * Implement OPA 48 policies by updating parkland dedication bylaw; * Increased transparency, predictability and certainty in process; * Establish an efficient process to determine value of cash-in-lieu; * Streamline staff procedures and protocols; * Draft Guidelines and bylaw, will: * Be consistent with Planning Act and applicable legislation * Recommend procedure to permit exemptions * Address variations in density and land use of development (City s vision) * Address feedback from City s stakeholders

15 The Planning Partnership Approach Ø Approach Ø Timeline

16 Approach and Work Plan o Establish existing parkland provision in Guelph at both citywide and neighbourhood scales o Analyze best practices for parkland dedication in Southern Ontario o Develop parkland dedication policies that recognize the unique needs within different areas of the City: o Downtown o Established Lower Density Neighbourhoods o New Urban Areas o Industrial & Commerical Areas

17 Approach and Work Plan o Project completion scheduled for Q o To coincide with OPA 48 coming into effect o The final product is a summary report that provides comprehensive recommendations to update the City s Parkland Dedication Policies, Procedures, and Bylaw

18 Timeline

19 What We ve Been Working On Ø 1 st Round of Key Stakeholder Discussions Ø Background Work Ø Draft Framework for Parkland Dedication

20 What We Heard Last Time o Certainty in fees, up front, for developers is essential. o Land appraisals are costly and cumbersome rates should be established based on development type and indexed or reappraised as-needed. o Developers should still be able to perform own appraisal. o Exemptions or reductions to dedication are appropriate when other municipal/social objectives are being met: o Non-profit housing o Affordable housing o Brownfield o Institutional (School Boards)

21 What We Heard Last Time o Credits for design and/or construction of any park, trail or recreation components should be provided. o Open/green space within cultural heritage sites should be considered (if the land is valuable as park/recreation amenity). o POPS and strata should count for parkland dedication so long as public access is secured. o Parkland per person is a more reasonable policy than parkland per unit, given increasing density. o Current bylaw does not consider mid-rise or higher density. o Trails are of increasing importance and should be considered. o City s criteria for land dedication should be expanded.

22 Value of Parkland o Substantial research details the multiple benefits of parks o Physical Health o Mental Health & Youth Development o Community Building o Crime Reduction o Ecological Services o Wildlife Support o Public Economic Value o Private Economic Value

23 Trends Affecting Park & Recreation Planning o Increasing proportion of senior population o 12.4% to 14.6% between 2006 and 2016 o Increasing cultural diversity o Growing urban population o Growing popularity in unorganized and self-scheduled recreation (walking, hiking, jogging, cycling, passive) o Planning Act changes

24 Municipal Best Practices o Municipalities: o Barrie o Cambridge o Hamilton o Kitchener o London o Markham o Mississauga o Oakville o Richmond Hill o Vaughan o Waterloo o Policy review completed and table compiled o Each municipality was contacted and interviewed

25 Municipal Best Practices Municipality City of Barrie Official Plan, 2014 By-Laws: City of Cambridge Official Plan 2012 (amended 2014 OMB) Conveyance of Land for Parks Purposes / Dedication Residential Commercial Industrial Other Land Use Types Land equivalent to 5% of land OR Land equivalent to 1 ha every 300 units OP: Land up to 5% of land to be developed for densities less than 15 units per ha. AND Land at a rate of up to 1 ha per 300 units for densities greater than 15 units per ha Land equal to 5% of land to be developed OR Land at a rate of 1 ha for each 300 dwelling units Land up to 2% of land to be developed Land equal to 2% of land to be developed Land up to 2% of land to be developed Land equal to 2% of land to be developed All other land use types subject to 5% of land dedication Mixed Use: Predominant land use shall be determined and applicable rate for predominant use will prevail for entire site Institutional: No dedication required Cash-in-lieu of Land Dedication For residential development or redevelopment, at a rate of 1 ha per 500 units or the value of land otherwise required, whichever is greater Cash equivalent to land requirement for all land use types Land Valuation / Appraisals APPRAISALS Based on market value of land and be determined in accordance with Canadian Uniform Standards of Professional Appraisal Practice of the Appraisal Institute of Canada In the case of residential development with 1 ha/500 unit rate, the value of the land may be calculated at a value that is less than its market rate in accordance with any Council approved policy APPRAISALS Shall be determined in accordance with generally accepted appraisal principles Exemptions - Types of Development Lands which have previously been charged, unless there is increase in density or new use proposed on commercial/industrial lands Replace buildings razed by fire or other acts of gods, provided replacement does not exceed gfa of original second suites and other building alterations that do not increase dwelling units development or redevelopment of lands included in City s parkland inventory Other Policies (Strata, Provision) Parkland provision: 4.7 ha/1, ha Neighborhood 1ha Community 3ha Regional Park No POPS/Strata policy N/A No POPS/Strata policy No Parkland provision standards No active bylaw City of Guelph Official Plan, OPA 48 By-Laws: Land at a rate of 5% for single and semi-detached AND Land at a rate of 5% for densities less than 50 units/ha AND Land up to 7.5% for densities between 50 and 100 units/ha AND Land up to 10% for densities greater than 100 units/ha Land at a of 5% (cap), where: the land is located in downtown core development is for rental lands don t include river bank lands, and portion of the land is required to access or complete a park or rec facility Lands outside of municipally developed industrial or business parks, up to 2% of land to be developed, only where one or more of the following applies: lands include river bank lands that have been designated for park use in Rec MP or OP a portion of the land is required to provide access to a park or rec facility a portion of the land is required to complete a park or rec facility Institutional: No dedication required May be required by Council VALUATION For single and semi-detached or development of 5 units or less, prescribed value for each unit type in listed in By-Law. No prescribed update timeline for these values All other development, land is valued by a certified appraiser appointed by the City Institutional Most forms of commercial and industrial Provision: 3.3ha/ ha Neighborhood 1.3ha Community 1.3ha Regional Urban squares and parks held in private ownership will not be considered part of parkland dedication.

26 Municipal Best Practices o No two municipalities treat parkland dedication the same o Most have very little greenfield areas remaining and growth is primarily through infill and intensification o Smaller, more urban parks are being seen as necessary & valuable additions to park systems, and accepted for dedication o Some municipalities credit or negotiate environmental lands o Strata and POPS are actively being considered or employed in many of the municipalities o POPS have been credited in some cases o Strata have been credited o Standard unit rates are used, to some extent, by 6 municipalities

27 Parkland Planning Districts o 19 Park Planning Districts developed for existing lower density neighbourhoods o Based on Canadian Census Boundaries, transportation infrastructure, environmental features, political/planning boundaries o Three secondary plan areas: Downtown, Guelph Innovation District, Clair-Maltby o Intensification Areas o Mixed Use nodes o Commercial & Industrial o University

28 Draft Framework for Parkland Dedication 1. What Constitutes Parkland? * What is a appropriate parkland hierarchy? * What is the role of strata arrangements and/or Privately Owned Public Spaces in the parkland hierarchy? * What role do trails play? * Should the City establish design and maintenance standards for various types of parks?

29 Draft Framework for Parkland Dedication 2. How much parkland dedication is fair and reasonable? * For Institutional, Commercial and Industrial areas? * For Residential uses? * For Mixed Use developments? * Does parkland dedication for each use need to be considered in context (existing communities, greenfield communities, Downtown, intensification areas)? * What forms of development may be exempt? * What parkland credits should be considered?

30 Draft Framework for Parkland Dedication 3. What should count/not count for dedication? * How to define land area for the purposes of establishing a required parkland dedication? * What will generate parkland dedication/payment? * What lands are/are not acceptable for park?

31 Draft Framework for Parkland Dedication 4. How to deal with cash-in-lieu? * What forms of development are eligible for cash-in-lieu? * Who decides when cash-in-lieu is acceptable? * How will cash-in-lieu be calculated? * How will cash-in-lieu be used? * Is a municipal land bank appropriate?

32 Draft Framework for Parkland Dedication 5. What are the technical/general issues? * How to deal with disputes? * By whom, and how should the bylaw be administered? * How often should the bylaw be reviewed? * When should the bylaw begin to apply?

33 Next Steps o Finalize background report o Finalize the Framework for Parkland Dedication o Draft policies, procedures and bylaw o Finalize recommendations, policies, procedures and bylaw o Presentation to Council