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AGENDA - Public Planning - 20161130 Special Council Public Planning Meeting Agenda Wednesday, November 30, 2016 7 p.m. Council Chambers Aurora Town Hall Public Release November 23, 2016 Town of Aurora Special Council – Public Planning Meeting Agenda Wednesday, November 30, 2016 7 p.m. Council Chambers 1. Declaration of Pecuniary Interest and General Nature Thereof 2. Approval of the Agenda Recommended: That the agenda as circulated by Legislative Services be approved. 3. Planning Applications 4. Reading of By-law Recommended: That the following confirming by-law be given first, second, and third readings and enacted: 5929-16 Being a By-law to Confirm Actions by Council Resulting from a Special Council – Public Planning Meeting on November 30, 2016. 5. Adjournment Special Council – Public Planning Meeting Agenda Wednesday, November 30, 2016 Page 2 of 2 Agenda Items 1. PBS16-102 – Application for Zoning By-law Amendment Marie Debono 24 Larmont Street Part of Lot 12, South Side of Wellington Street Registered Plan 68 File Number: ZBA-2016-10 Related File Number: SP-2016-07 Recommended: 1. That Report No. PBS16-102 be received; and 2. That comments presented at the Public Planning meeting be addressed by Planning and Building Services in a comprehensive report outlining recommendations and options at a future General Committee meeting. 2. PBS16-083 – Guidelines for the Implementation of Height and Density Bonusing (Section 37 of the Planning Act) (Deferred from Public Planning meeting of October 26, 2016 – Item 2) Recommended: 1. That Report No. PBS16-083 be received; and 2. That the attached Guidelines for the Implementation of Height and Density Bonusing (Section 37 of the Planning Act) be endorsed. Special Council - Public Planning Meeting Agenda Wednesday, November 30, 2016Item 1 Page 1 of 11 Special Council - Public Planning Meeting Agenda Wednesday, November 30, 2016Item 1 Page 2 of 11 Special Council - Public Planning Meeting Agenda Wednesday, November 30, 2016Item 1 Page 3 of 11 Special Council - Public Planning Meeting Agenda Wednesday, November 30, 2016Item 1 Page 4 of 11 Special Council - Public Planning Meeting Agenda Wednesday, November 30, 2016Item 1 Page 5 of 11 Special Council - Public Planning Meeting Agenda Wednesday, November 30, 2016Item 1 Page 6 of 11 Special Council - Public Planning Meeting Agenda Wednesday, November 30, 2016Item 1 Page 7 of 11 Special Council - Public Planning Meeting Agenda Wednesday, November 30, 2016Item 1 Page 8 of 11 Special Council - Public Planning Meeting Agenda Wednesday, November 30, 2016Item 1 Page 9 of 11 Special Council - Public Planning Meeting Agenda Wednesday, November 30, 2016Item 1 Page 10 of 11 Special Council - Public Planning Meeting Agenda Wednesday, November 30, 2016Item 1 Page 11 of 11 Town of Aurora Public Planning Report No. PBS16-083 Subject: Guidelines for the Implementation of Height & Density Bonusing (Section 37 of the Planning Act) Prepared by: Fausto Filipetto, Senior Policy Planner Department: Planning & Building Services Date: October 26, 2016 Recommendation 1.That Report No. PBS16-083 be received; and 2.That the attached Guidelines for the Implementation of Height and Density Bonusing (Section 37 of the Planning Act) be endorsed. Executive Summary The purpose of this report is to seek Council endorsement of proposed Guidelines for the Implementation of Height and Density Bonusing (Section 37 of the Planning Act). The Guidelines describe how and where Height and Density Bonusing can be applied and describes the administrative process; including: •A description of the planning principles to be used in evaluating applications for Height and Density Bonuses; •a description of how Planning & Building Services will manage the process; •guidelines governing that the community where the bonus was given benefits most from the community benefit; •guidelines on securing the community benefits; and •guidelines on the community benefit and land valuation processes. Background Height and Density Bonusing is a permission given under Section 37 of the Planning Act which allows municipalities to secure community benefits as a condition of the Special Council - Public Planning Meeting Agenda Wednesday, November 30, 2016 Item 2 Page 1 of 9 October 26, 2016 Page 2 of 5 Report No. PBS16-083 approval of a zoning by-law amendment for an increase in building height and/or density over and above the existing planning permissions. Policies regarding Height and Density Bonusing are found in the Aurora Promenade section of the Town’s Official Plan and include such benefits as: •Socially assisted and supportive housing; •housing with innovative technological, environmental or design components; •non-profit community, cultural, social, recreational and institutional facilities; •preservation of heritage, community identity or natural environments; •contribution of public open spaces beyond Planning Act requirements; •providing public access to ravines, valleys and the Aurora trail network; •significant pedestrian or bicycling connections; •off-site public landscape, streetscape and urban design objectives; •provision of special facilities to enhance the environment; •special provisions to facilitate and improve transit; •land for other municipal purposes; •providing local improvements; and •Regional community and health facilities, emergency medical services and police stations The locations in which Height and Density Bonusing may be applied are found on Schedule “B2” of the Official Plan; which is attached. These areas correspond to the “Upper Downtown,” “Promenade General,” and “Promenade Focus Area” designations. The intent is to apply the Bonusing Guidelines Town-wide where a rezoning application has been submitted with a request for increase in permitted height and/or density. Analysis Guidelines for the Implementation of Height and Density Bonusing have been drafted by staff and are attached for Council’s review and endorsement. The Guidelines describe how and where Height and Density Bonusing can be applied and describes the administrative process. The following represents a summary of the proposed Guidelines. Staff must determine whether a planning application represents good planning prior to assessing if the provisions of Section 37 can be appropriately applied Good planning includes an analysis of how the proposed development meets the policies of the Official Plan, including any supporting documents or studies such as applicable design guidelines. It also includes an evaluation of the proposed development in the context of the surrounding neighbourhood, including adjacent and surrounding buildings and streetscapes; and ensuring adequate infrastructure (both Special Council - Public Planning Meeting Agenda Wednesday, November 30, 2016 Item 2 Page 2 of 9 October 26, 2016 Page 3 of 5 Report No. PBS16-083 hard and soft services) is available to support the application. Increased Height and Density bonusing must not compromise the design of the building. Implementation of Height and Density Bonusing will be managed by Planning & Building Services Planning & Building Services will be responsible for the management of Height and Density Bonusing implementation. Any negotiations or recommendations in this regard will be made by Planning & Building Services; with the support and input of other Town departments as required. In addition, the appropriate Conservation Authority will be consulted where enhanced public access to natural heritage features is being considered. The community benefit should be realized in the neighbourhood where a bonus was given The site or neighbourhood where a bonus was given shall benefit the most from the facility or matter conveyed to the Town in return for the bonus. In some cases, Council may consider funding as part of Section 37 agreement to address particular city wide needs which cannot be adequately addressed in the vicinity of the development. Examples include funding for parks which serve a larger community or for broadly accessed amenities. Community benefits will be secured by the Town though an agreement with the applicant A Section 37 agreement which is registered on title securing any and all community benefits shall be entered into between the applicant and the Town prior to the enactment of the implementing zoning by-law. The agreement will also identify how any cash benefits will be used. Any cash benefit to be paid to the Town shall be secured prior to the issuance of a building permit. On average, the Town will seek to achieve a value for community benefits which represent a range between 25% to 35% of the increase in land value resulting from the increased in height and/or density The community benefit will be over and above what could otherwise be achieved under other Sections of the Planning Act. Section 37 agreements do not entitle reductions in Development Charges. Planning & Building Services will oversee the land valuation process in accordance with the methodology provided in the Guideline. Staff are recommending that the value for community benefits range between 25% to 35% of the increase in land value resulting from the bonus. Formulas to be used for the calculation of land valuation and community benefits are detailed in the proposed Guidelines. Special Council - Public Planning Meeting Agenda Wednesday, November 30, 2016 Item 2 Page 3 of 9 October 26, 2016 Page 4 of 5 Report No. PBS16-083 Advisory Committee Review Not applicable. Financial Implications Section 37 of the Planning Act allows municipalities to collect community benefits in exchange for an increase in height and density. This includes the collection of funds which could be used towards a community benefit. Communications Considerations Not applicable. Link to Strategic Plan The community benefits secured in exchange for a height and density bonus can range significantly and therefore many goals, objectives and action items of the Town’s Strategic Plan can be realised through the provision of Bonusing. The policies of the Official Plan permit for Bonusing along the Yonge and Wellington Street Corridor and therefore the most applicable goal, objective and action item is: •The Goal of: “Enabling a diverse, creative and resilient economy”; •The Objective of: “Promoting economic opportunities that facilitate the growth of Aurora as a desirable place to do business”; and •The Action Item to: “Actively promote and support a plan to revitalize the downtown.” Alternative(s) to the Recommendation 1.Council may choose to not endorse the Implementation Guidelines for Height and Density Bonusing. 2.Council may choose to direct staff to make changes to the proposed Guidelines. The Aurora Promenade section of the Town’s Official Plan contains policies with respect to Height and Density Bonusing. The recommended Guidelines would implement the policies of the Town’s Official Plan and staff are therefore asking Council for their endorsement at this time. Special Council - Public Planning Meeting Agenda Wednesday, November 30, 2016 Item 2 Page 4 of 9 Item 2 Page 5 of 9Special Council - Public Planning Meeting Agenda Wednesday, November 30, 2016 APPENDIX 1 Guidelines for the Implementation of Height and Density Bonusing (Section 37 of the Planning Act) 1.Introduction Height and Density Bonusing is a permission given under Section 37 of the Planning Act which allows municipalities to secure community benefits as a condition of the approval of a zoning by-law amendment for an increase in building height and/or density over and above the existing planning permissions. Section 37 states that these community benefits must be secured through Agreements which are Registered on Title. Policies regarding Height and Density Bonusing are found in the Aurora Promenade section of the Town’s Official Plan under Section 11.9. 2.Application Council may consider requests for increases to height and/or density through zoning by- law amendment applications. Schedule “B2” of the Aurora Official Plan identifies the locations where a height and/or density Bonus may be permitted. The base height and/or density above which the Section 37 provisions may apply and the maximum number of bonus storeys shall also be in accordance with Schedule “B2” of the Official Plan. Should Council deem the proposed increase to building height and/or density to be appropriate, a condition of approval may be imposed requiring the provisions of certain community benefits, as identified in Section 11.9 of the Town’s Official Plan. Certain non-profit or public facilities which provide a community benefit may be exempt by Council from the provision of additional community benefits under this Guideline. Examples include social housing or affordable rental housing which is rented at or below the average Canadian Mortgage and Housing Corporation rents in the York Region CMA. In these cases, a restrictive covenant shall be registered on title in order to ensure that the property will be developed and operated for private market rental apartments for a minimum of 20 Years. Council may request a Section 37 contribution for developments proposing increased building heights and/or density that are appealed to the Ontario Municipal Board. The administration of this Policy and Guideline shall be the responsibility of the Director of Planning & Building Services, in consultation with Legal Services. The application of Section 37 is intended to be applied Town-wide. 3.Planning Principles Staff must determine whether a planning application represents good planning prior to assessing if the provisions of Section 37 can be appropriately applied. Good planning includes an analysis of how the proposed development meets the policies of the Official Item 2 Page 6 of 9Special Council - Public Planning Meeting Agenda Wednesday, November 30, 2016 Plan, including any supporting documents or studies such as applicable design guidelines. It also includes an evaluation of the proposed development in the context of the surrounding neighbourhood, including adjacent and surrounding buildings and streetscapes; and ensuring adequate infrastructure (both hard and soft services) is available to support the application. Increased Height and/or Density Bonusing must not compromise the design of the building. 4.Procedure This process will be managed by Planning & Building Services and any negotiations or recommendations in this regard will be made by Planning & Building Services; with the support and input of other Town departments as required. In addition, the appropriate Conservation Authority will be consulted where enhanced public access to natural heritage features is being considered. Mayor and Council shall be notified by memorandum of the list of potential community benefits and the increase in height and/or density being asked for. This notification may take place anytime prior to the item being scheduled for action at the General Committee of Council (GC). Typically this notification shall occur between the time of the public meeting and the preparation of the GC report containing the staff recommendations. The GC report shall include the rational for the increased building height and/or density; as well as an explanation of the nature of the community benefits to be secured by the Town. The implementing zoning by-law shall also include provisions requiring the developer to enter into a Section 37 agreement and identifying the community benefits to be secured. 5.Community benefit should be realized in the neighbourhood where a bonus was given The site or neighbourhood where a bonus was given shall benefit the most from the facility or matter conveyed to the Town in return for the bonus. In some cases however, Council may consider funding as part of Section 37 agreement to address particular city wide needs which cannot be adequately addressed in the vicinity of the development. Examples include funding for parks which serve a larger community or for broadly accessed amenities. 6.Securing the Community Benefits A Section 37 agreement securing any and all community benefits shall be entered into between the applicant and the Town prior to the enactment of the implementing zoning by-law. The agreement shall be registered on title and identify any and all community benefits; as well as how any cash benefits will be used. Any cash benefit to be paid to the Town shall be secured prior to the issuance of a building permit. Item 2 Page 7 of 9Special Council - Public Planning Meeting Agenda Wednesday, November 30, 2016 Proceeds will be placed in a dedicated Section 37 Reserve Fund. Proceeds for specific benefits shall be applied to a new or specified capitol project. A record of proceeds and disbursements shall be maintained in conjunction with the Reserve Fund and capitol project balances. Excess funds remaining upon completion and closing of a capitol project shall be used by the Town in accordance with Section 5 of these Guidelines. 7.Valuation of Community Benefits On average, the Town will seek to achieve a value for community benefits which represent a range between 25% to 35% of the increase in land value resulting from the increase in height and/or density. The community benefit will be over and above what could otherwise be achieved under other Sections of the Planning Act; such as Sections 41, 42 and/or Section 50. Section 37 agreements do not entitle reductions in Development Charges. The Town’s Planning & Building Services will oversee the land valuation process in accordance with the methodology provided in this Guideline. 7.1 Increase in Land Value Formula The Increase in Land Value Formula shall be implemented using the following steps: 1.Determine the Base Height and/or Density and the Buildable Gross Floor Area (GFA); 2.Determine the corresponding Land Value to the Base Height and/or Density; 3.Determine the corresponding Land Value to the Proposed Height and/or Density; 4.Calculate the Increase in Land Value; and 5.Calculate the Maximum Section 37 Contribution (25% to 35% of the increase in land value resulting from the bonusing). 7.1.1 Determining Base Height and/or Density and the Buildable GFA The Base Height and/or Density and Buildable GFA shall be determined in accordance with the policies of Section 11 of the Town’s Official Plan. 7.1.2 Determining the corresponding Land Value to the Base Height and/or Density A land value per square foot of buildable GFA shall be calculated according to the location and size (buildable floor area) of the development parcel. The values provided will be comprised of estimates from a qualified real estate appraiser. The total value of the development site according to Base Density will be calculated as follows: Item 2 Page 8 of 9Special Council - Public Planning Meeting Agenda Wednesday, November 30, 2016 Buildable GFA x Estimated Value per square foot of GFA = Total Land Value under Base Density 7.1.3 Determining the corresponding Land Value to the Proposed Height and/or Density The corresponding Land Value to the Proposed Height and/or Density shall be calculated as follows: Buildable GFA from Proposed Density x Estimated Value per square foot of GFA = Total Land Value under Proposed Density 7.1.4 Calculating the Increase in Land Value and Maximum Section 37 Contribution The Increase in Land Value and maximum Section 37 contribution shall be calculated as follows: Total Land Value under Proposed Density - Total Land Value under Base Density = Increase in Land Value; and Increase in Land Value x Maximum % of Increase in Land Value (25% to 35%) = Maximum Upset Limit of Section 37 Contribution 7.2 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. Item 2 Page 9 of 9 Special Council - Public Planning Meeting Agenda Wednesday, November 30, 2016 The Corporation of The Town of Aurora By-law Number 5929-16 Being a By-law to Confirm Actions by Council Resulting from a Special Council -Public Planning Meeting on November 30, 2016. The Council of the Corporation of The Town of Aurora hereby enacts as follows: 1.That the actions by Council at its Special Council -Public Planning meeting held on November 30, 2016, in respect of each motion, resolution and other action passed and taken by the Council at the said meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adopted, ratified and confirmed. 2.That the Mayor and the proper officers of the Town are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary in that behalf and the Clerk is hereby authorized and directed to affix the corporate seal to all such documents. Read a first and second time this 30th day of November, 2016. Read a third time and finally passed this 30th day of November, 2016. Geoffrey Dawe, Mayor Samantha Yew, Deputy Clerk