HomeMy WebLinkAboutPLN 12-19��� ��
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From:
Subject:
Kyle Bentley
Director, City Development & CBO
Bonus Zoning Policy
City of Pickering File: L-1100-020
Recommendation:
Report to
Executive Committee
Report Number: PLN 12-19
Date: May 6,� 2019
1. That the Bonus Zoning Policy, dated May 6, 2019, be approved as set out in Appendix I to
Report PLN 12-19.
Executive Summary: The Planning Act allows municipalities with appropriate Official Plan
provisions to grant increases in the density or height of a development in exchange for community
benefits. The City's Bonus Zoning policies in the Official Plan permit Council to pass by-laws that
grant an increase in density of development not exceeding 25 percent of the density permitted by
the Official Plan, or an increase in the height of a building. To date, the City has approved two
requests to utilize the Official Plan Bonus Zoning policies and has received two other requests that
are currently under consideration by the City. It is anticipated that more requests will be received
as the City intensifies.
Staff have prepared, for Council's approval, a Bonus Zoning Policy, to ensure a consistent and
transparent approach when identifying eligible developments and community benefits, calculating
the value of the applicant's contribution towards a community benefit, and negotiating the required
Section 37 agreements.
Financial Implications: No immediate direct costs to the City are anticipated as a result of the
recommendations of this Report. In 2017, City Council enacted By-law 7590/17 establishing a
Public Benefits Reserve Fund. By-law 7590/17 implemented changes to the Planning Act
resulting from the passage of the Smart Growth for our Communities Act (Bill 73). Municipalities
must now maintain a special account (reserve fund) for funds collected under Section 37 of the
Planning Act, and may only spend the funds on facilities, services and other matters specified in
the By-law. The Treasurer must issue an annual disclosure statement of funds received and how
funds were spent.
PLN 12-19
Subject: Bonus Zoning Policy
1. Discussion
1.1 The Official Plan permits Council to grant increases in density and height
May 6, 2019
Page 2
Section 37 of the Planning Act allows municipalities with appropriate Official Plan policies to
grant through the approval of a Zoning By-law Amendment Application, increases in a
development's density or height in exchange for community benefits. The Bonus Zoning
policies in Pickering's Official Plan permit City Council to pass by-laws that grant an
increase in the density of development not exceeding 25 percent of the density permitted
by the Official Plan, or an increase in the height of a building, only in return for the provision
of specific services, facilities or matters (community benefits). The community benefits are
to be specified in the implementing zoning by-laws. The Official Plan policies also require
that the surrounding areas experiencing the increased density or height benefit from the
positive impacts of the exchange; that the effects of the increased density or height are in
conformity with the general intent of the Official Plan, and that the owner enter into an
agreement with the City registered on title and addresses the provision and timing of the
community benefit to be provided.
2. The City has received rezoning applications asking for density and height bonuses
In 2016, Madison Liverpool Limited was the first applicant to request a density bonus.
City Council enacted a site specific zoning by-law (By-law 7528/16) permitting a maximum
of 67 units to facilitate the development of a common element condominium of detached
dwellings and townhouse units. The By-law permitted an additional 10 units which equaled
a 17.2 percent increase over the maximum density permitted by the Official Plan. The
community benefit received in return was a cash contribution in the amount of $270,000.00
for the enhancement of the Frenchman's Bay Ratepayers Memorial Park, which is adjacent
to the development site along the north side of Commerce Street. The residential
development is under construction and the park enhancement is complete.
Three other applications for bonus zoning have been received. All are within the Duffin
Heights Neighbourhood. The table below provides a brief summary of the three requests to
use the Bonus Zoning Provisions:
Requested Proposed
Applicant Proposal Increase in Community Status
Density or Height Benefit
9004827 To permit a total An additional Cash Awaiting Local
Canada Inc. of 726 stacked 22 units beyond contribution in Planning Appeal
(Stonepay) townhouse, the maximum the amount of Tribunal (LPAT)
back to-back permitted density, $260,300.00 approval
townhouse, and resulting in a towards an (Council
street townhouse density increase of enhanced endorsement on
units approximately village green June 25, 2018,
3.0 percent located within see PLN 20-18)
the draft plan of
subdivision
PLN 12-19
Subject: Bonus Zoning Policy
May 6, 2019
Page 3
Requested Proposed
Applicant Proposal Increase in Community Status
Densify or Height Benefit
Averton (Brock) To permit a total of An additional Undetermined at Under Review
Limited 787 units within 45 units beyond this time (see Information
4 separate phases the maximum Report 11-17)
consisting of permitted density,
back-to-back resulting in a
townhouses, density increase of
stacked back-to- approximately
back townhouses, 6.0 percent.
stacked and
apartment units. Increase the
(Bonus Zoning maximum height
request is for for apartment
Phases 3 and 4 buildings beyond
only. Phase 1 is What is permitted
constructed and by the current
Zoning By-law,
Phase 2 is under from 26.0 metres
construction) (g storeys) to 67.0
metres (21 storeys)
Brock-Dersan To permit a total of An additional Enhanced Under Review
Developments 411 units 55 units beyond landscaping (see Information
Inc. consisting of the maximum along Report 06-18)
apartment units, density, resulting in Brock Road
stacked back-to- a density increase
back townhouses of approximately
and townhouse 15 percent
units
To assist in evaluating existing and future bonus zoning requests, a City Bonus Zoning
Policy is recommended (see Appendix I). The Policy will ensure a consistent and fair
approach when identifying eligible developments and community benefits, calculating the
value of the applicant's contribution towards community benefits, and negotiating the
required Section 37 agreements.
3. A Bonus Zoning Policy is proposed
In Report PLN 19-16 that addressed the first Bonus Zoning request from Madison Liverpool
�imited, staff indicated their intention to develop, for Council's consideration, an internal
policy and associated procedures to implement the Bonus Zoning policies of the Pickering
Official Plan. The approach developed by staff was based on a review of best practices of
13 municipalities. The principle of capturing the increased value of the land resulting from
the increased density or height was used to determine the community benefit contribution
made by the applicant.
PLN 12-19
Subject: Bonus Zoning Policy
May 6, 2019
Page 4
The purpose of the recommended Bonus Zoning Policy is to provide policy and procedures
for the identification of community benefits, the role of staff and Council, the calculation of
the developer's contributions towards community benefits, the negotiation of the
implementing agreements, the preparation of the implementing zoning by-laws, the
handling of cash contributions, and the reporting of staff to Council.
The following is a summary of the proposed Bonus Zoning Policy:
Procedure
• City Development staff is to be the initial point of contact for negotiations regarding
community benefits
• the Mayor and Council are notified of an application requesting Bonus Zoning through
the circulation of a Notice of Complete Application
• the public will be invited to comment on Bonus Zoning requests at community open
houses and Statutory Public Information Meetings
• following the Statutory Public Meeting, City staff, in consultation with elected officials,
will work on the details of the appropriateness of the proposed community benefit and
the valuation of the contribution by the applicant
• the contribution of community benefits in exchange for an increase in density or
height will only be considered for proposals that are compatible with the surrounding
neighbourhood and represent good planning
• developments requesting Bonus Zoning consideration will not be exempted from
development charges or parkland contributions under the Planning Act
• to ensure appropriate public engagement concerning the nature of the Community
Benefit, an application for an increase in density or height will only be considered
through a Zoning By-law Amendment Application
Community Benefits
• community benefits are the provision of specific services and/or facilities, such as but
not limited to, additional open space or community facilities, assisted or special needs
housing, the preservation of heritage buildings or structures, or the preservation of
natural heritage features and functions beyond identified development limits
• the community benefits that are negotiated are to directly benefit the community
within the vicinity of, and the residents/occupants of, the proposed development
• the valuation of community benefits is based on, 1) capturing the increase in land
value resulting from the increase in density or height, and 2) a reasonable percentage
(20 to 40 percent) of the increase in land value resulting from the approved increase
in density or height
• the percentage of the increase in land value will be determined by the value of the
community benefit identified by the City
Implementation
• the implementing zoning by-law will address the contribution to be provided by the
owner/applicant, details of the community benefit, the timing of the payment of the
contribution or the provision of the community benefit, and the requirement for a
Section 37 Agreement and its registration on title of the subject lands
PLN 12-19
Subject: Bonus Zoning Policy
4.
May 6, 2019
Page 5
cash contributions will be placed in a dedicated Section 37 Reserve Fund managed
by the Finance Department and spent only for facilities, services and other matters
specified in the implementing zoning by-law
the Director, Finance & Treasurer, will provide Council with an annual detailed
financial statement related to Bonus Zoning special accounts
Staff Recommend that the Bonus Zoning Policy be approved by Council
Staff have consulted with the Finance and Corporate Services Departments in the
preparation of the Draft Bonus Zoning Policy. Additionally, the City's internal `Policy'
Committee has reviewed the draft policy. Staff recommend that Council approve the
attached Draft Bonus Zoning Policy as set out in Appendix I.
Appendix
Appendix I Draft Bonus Zoning Policy
Prepared By:
Deborah Wy ie, MCIP, RPP
Princi�al Pla ner, Development Review
�
� �
Nilesh Surti, M IP, RPP
Manager, Development Review
& Urban Design
DW:Id
Recommended for the consideration
of Pickering City Council
Tony Prevedel, P.Eng.
Chief Administrative Officer
Approved/Endorsed By:
//� ` ,
`��"��� ��.
�
Catherine Rose, MCIP, R P
Chief Planner
Kyle Bentley, P.Eng.
Director, City Development & CBO
— -- -=—_
� �''
Stan Karwowski, CPA, CMA, MBA
Director, Finance & Treasurer
�B� Zo��'
Appendix I to
Report PLN 12-19
Draft Bonus Zoning Policy
���� ��
1 E 1�1 �1 �
Policy
Procedure Title: Bonus Zoning Policy Number
X
Reference Date Originated (m/d/y) Date Revised (m/d/y) Pages
Ontario Planning Act May 2019 "Click and type date" X
Approval: Chief Administrative Officer Point of Contact
Chief Planner, City Development
Policy Objective
The objective of this policy is to implement the Bonus Zoning policies of Section 16.17 of the
Pickering Official Plan, in accordance with Section 37 of the Planning Act, as amended.
Purpose
The purpose of this policy is to provide an implementation
• procedures for processing a Zoning By-law Amendment f
density or height through the Bonus Zoning policies of Se
Plan
• proc�
• metr
• proc�
• prep
• hanc
• repo
Index
01
02
03
04
�
�
requesting additional
of the Pickering Official
Definitions
Legislative Autharity
Scope and Application
Procedures
04.01 Receipt and Processing of the Zoning By-law Amendment Application
04.02
04.03
04.04
04.05
04.06
04.07
Determining Community Benefits
Location of Community Benefits
Valuation of Community Benefits
Implementing Zoning By-law and Bonus Zoning Agreements
Cash Contributions
Reporting to Council
01 Definitions
01.01 Bonus Zoning — is a planning tool, authorized by Section 37 of the Planning
Act, which enables municipalities to secure Community Benefits through Bonus
Zonin� Agreements in conjunction with a Zoning By-IawAmendmentApplication
that permits increased density and/or height over and above existing planning
permissions. _
01.02 Cash Contributions — means money prov
specific facilities or amenities in-lieu of the
specific facilities or amenities.
01.03
01.04
he City that are used toward
�nstructing or providing
Community Benefit — means facilities or cash secured by the City and
provided by an owner/applicant for specific,public facilities, services or matters.
Owner — means the'registered owner of the property or a representative
(applicant or developer) of the registered owner of the property.
01.05 Bonus Zoning A�
between the City ;
density and/or hei
02 Legislative Authority
02.01 The Planning Act,
amended, is the IE
►nt — is' a legally enforceable agreement negotiated
owner that outlines the terms of the exchange of
Community Benefits.
s` amended, and the City of Pickering Official Plan, as
islative authority for this policy.
02.02 The Bon'us Zoning policies of the Pickering Official Plan permit Council to
pass by-laws that grant an increase in density of development not exceeding
25 percent of the density permitted by the Official Plan or an increase in the
building height providing:
a) the density or height bonus is given only in return for the provision of specific
services, facilities or matters specified in the by-law, such as but not limited
to, additional open space or community facilities, assisted or special needs
housing, the preservation of heritage buildings or structures, or the
preservation of natural heritage features and functions;
Policy Title: Bonus Zoning Page 2 of 12
Policy Number: "Click to type Policy Number."
�
b) when considering an increase in density or height, and allowing the provision
of benefits off-site, the positive impacts of the exchange should benefit the
social/cultural, environmental and economic health of the surrounding areas
experiencing the increased density and/or height;
c) the effects of the density or height bonus have been reviewed and
determined by Council to be in conformity with the general intent of the
Official Plan, by considering such matters as: .
i) the suitability of the site for the proposed inc
height in terms of parking, landscaping, and
requirements,
ii) the compatibility of any increase in dE
character of the surrounding neighbo
d) as a condition of granting a density or he
benefitting landowner(s) to enter into onE
against the title of the lands, dealing with
specific facilities, services or matters to �
Scope and Application
03.01 This policy is applicab
requesting an increas�
policies of Section 16.
03.02 This policv does not
03.03 This policy and ai
Applications requ
Agreements will k
consultation with
ent, Fina
ents or e
�d/or h
and
e City
sity and/or
ecific
with the
reauires the
or more agreements, registered
:he provision and timing of the
: provided in return for the bonus.
o' all Zoning By-1aw Amendment Applications
density or height in accordance with the Bonus Zoning
of the Official Plan.
y to any agreements executed or approved in principle
;il's approval of this Policy.
commendations for Zoning By-law Amendment
g an increase in density or height, or Bonus Zoning
�nage.d by the City Development Department in
;hief Administrative Officer, Corporate Services
Department, Engineering Services Department, and other
�al agencies as required.
03.04 The City may develop further City wide, area specific or site-specific Bonus
Zoning Official Plan policies, which may specify an amount of authorized
increases of additional density or height in return for Community Benefits in
place of the 25 percent increase in� density permitted by the Official Plan.
03.05 Bonus Zoning is not a means to address the shortcomings of a development
proposal. Prior to considering the contribution of Community Benefits in
exchange for an increase in density or height, the Director, City Development &
CBO, or Chief Planner must be satisfied the development represents good
planning and recommends support of the proposal. Good planning includes
addressing the following:
Policy Title: Bonus Zoning
Policy Number: "Click to type Policy Number."
Page 3 of 12
• the Planning Act, applicable provincial and regional plans and policies, and
the City Official Plan and urban design guidelines
• the density, height, scale and massing are appropriate for the site and
neighbourhood, and are compatible with adjacent uses
• the surrounding community is not negatively impacted by shadows or over
flow parking
• the proposed development exhibits high quality
architecture
• there is adequate existing or proposed
• requirements of the City and public ag
• there is a clear connection between the area of't
the proposed increase in density or height of the
negotiated Community Benefits
...
�l
munity impacted by
pment and the
03.06 Community Benefits are generally not expected to mitigate adverse planning
impact of developments. Anything'that is necessary to mitigate adverse impact
is considered necessary for good planning and should not be deemed an
eligible Community Benefit.
03.07 If a Zoning By-1aw Amendment Application requesting an increase in density or
height is appealed to the �ocal Planning Appeal Tribunal (LPAT), the City, at the
direction of Council, may request the LPAT impose as a condition of approval,
appropriate provisions in the implementing zoning by-law and the requirement
for an owner/applicant to enter a Bonus Zoning Agreement.
03
03.09
There will be no reductions, waivers, credits or exemptions for developments
subject to Bonus Zoning Agreements from development charges under the
Development Charges Act and parkland or cash-in-lieu contributions
requirements under;Section 42 of the Planning Act, as amended.
A request for an increase in density or height through the Bonus Zoning policies
of Section 16.17 of the Pickering Official Plan will only be considered through a
Zoning By-Iaw Amendment Application to ensure appropriate public
engagement for consideration about the nature of the Community Benefit.
Policy Title: Bonus Zoning
Policy Number: "Click to type Policy Number."
Page 4 of 12
04 Procedures
04.01 Receipt and Processing of the Zoning By-law Amendment Application
Prior to the submission of a Zoning By-law Amendment Application, the initial
point of cantact by an owner/applicant shall be with City Development staff for
any discussions or negotiations regarding Community Benefits. City Development
staff will provide the Mayor and Ward Councillors with advice as to whether
Community Benefits are appropriate and desirable, and information on the
appropriate types of benefits. Further consultation between City Development
staff and the Mayor and Ward Councillors may occur as necessary or agreed
upon between them.
The Planning Rationale for any Zoning By-I�
submitted to the City Development Departm
height is to include a Bonus Zoning Justifica
following:
• Section 16.17 of the Pickering
• applicable provincial and
• applicable Official Plan pol
Guidelines and any appro�
I plan
men
ch
ity or
the
�ourhood Policies, Development
esign Guidelines, and
• principles of good planning and appropriate development.
City De�elopment staff will prepare and circulate the Notice of Complete
Application to the Mayor and Ward Councillors and the public as required by the
Planning Act, as arnended, advising that Bonus Zoning is being requested. The
Notice of Complete Application will include a description of the development
proposal and the Community Benefit proposed.
The public will be consulted and provided opportunities to comment on the
proposed development and the appropriate type or level of Community Benefits
at appropriate steps in the development review process such as at community
open houses and the statutory public information meeting.
In consultation'with the Mayor and Ward Councillors, a community open house
may be scheduled for the public to provide input into the development proposal
and the proposed Community Benefit.
The Notice of Statutory Public Information Meeting is prepared and circulated as
required by the Planning Act, as amended, and the Information Report is
prepared by City Development staff describing details of the proposed
development, the requested increase in density or height, and the proposed
Community Benefit.
Policy Title: Bonus Zoning Page 5 of 12
Policy Number: "Click to type Policy Number."
The Statutory Public Information Meeting is held where details of the requested
increase in density or height and proposed Community Benefit are presented to
the Committee and public input is received.
Following the Statutory Public Information Meeting, City Development staff, the
Finance Department and other City staff as required will work with the
owner/applicant on the details of the proposed bonus zoning and Community
Benefits. The following matters are to be considered in determining the
Community Benefit:
• consultation with the Mayor and Ward Co
and the local community,
• consistency with the Pickering Official
Development Guidelines and any app
• Council approved studies outlining commu'nity
• public input.
, Neigr
Design
�
departments
Policies,
City Development staff will prepare a Recommendation Report on the Zoning
By-law Amendment Application to be considered by the Planning &
Development Committee and Council. �
The Report will contain a recommendation on the proposed development, the
request to increase fhe density or height, and on the appropriateness of the
proposed Community Benefit, and if supported, will include necessary
conditions to secure the Community Benefit. Following CounciPs approval, staff
will prepare a Bonus Zoning Agreement, and implementing Zoning By-law
Amendment. '
Determining Community Benefits
It is desirable and encouraged that an analysis and identification of existing and
potential needs and services be done in advance of the receipt of a Zoning
By=1aw Amendment Application requesting additional density or height through
the Bonus Zoning policies of Section 16.17 of the Pickering Official Plan.
Consideration should be given to intensification issues in the area, the nature of
the proposal, and the strategic objectives and policies of the Pickering
Official Plan. The purpose of such analysis is to assist in determining the
appropriate type of Community Benefit.
Some examples of Community Benefits are listed in Section 16.17(a) of the
Official Plan, however this list is not exhaustive.
Community Benefits shall be specific public facilities, services or matters, or
cash-in-lieu contributions towards specific public facilities, services or matters,
which may include but are not be limited to:
Policy Title: Bonus Zoning
, Policy Number: "Click to type Policy Number."
Page 6 of 12
04.03
• additional open space for the purpose of public parkland, or public trails
• community facilities such as playgrounds, sports fields, day cares,
community halls, trails/walkways
• affordable rental and/or ownership housing secured for a minimum of
20 years
• preservation of heritage buildings or structures
• preservation of natural heritage features a
Operating, programming, and non-capital
appropriate Community Benefits.
The securing of improvements to public facilities
toward such facilities that are leased by the City`
Benefit. There should be an existing lease, or a I
City's option securing the facilities for at least 15
Community Benefit is provided to the City. ;
Community Benefit contributio
will be over and above the faci
dedicated to the City through t
parks contributions under the 1
Community Benefil
Neighbourhood Po
Desiqn Guidelines.
tion of Community
fu
na
tions such as woodlots
�e funds are not
uding cash contributions
� eligible Community
: that is renewable at the
�s from the time the
blic facilities, services or matters
would be funded through or
:nt Charges By-law, as amended, or
ct, as amended.
be further identified in Council approved
�evelopment Guidelines and any approved Urban
A reasonable planning relationship between the secured Community Benefit
and the increase in density or height as determined by City Development staff is
required. The principle of a reasonable planning relationship refers to the
following:
the Community Benefit to the proposed development and the
where the proposed development is located, and
• a comparison of the monetary value of the additional development rights
being proposed with the monetary value of the Community Benefit.
The Community Benefit or the cash contribution may be accepted to address
City wide needs, which cannot be adequately addressed in the vicinity of the
proposed development.
A change to an existing agreement to reallocate funds or change the
Community Benefit may be possible. The change process must be open, public,
Policy Title: Bonus Zoning
Policy Number: "Click to type Policy Number."
Page 7 of 12
Policy Title
and subject to the appropriate legal processes, and authorized by Council.
All parties to the original agreement, their successors in title, must approve the
change and sign an amending agreement.
Valuation of Community Benefits
An `increase in land value' approach will be used to set the minimum and
maximum limits for Bonus Zoning contributions. The contribution for a
Community Benefit represents a reasonable portion (20 to 40 percent) of the
increase in land value resulting from an increase in density or height over the
Base Density. The base density is the maximum density permitted by the
Pickering Official Plan. The percentage of the increase in land value applied in
each Bonus Zoning proposal will be determined by the value'of the community
benefit identified by the City
To determine the Land Value, the owner/applic�
review a land appraisal report, prepared by an �
Alternatively the Land Value will be determined
determined by the City using Municipal Property
recent sale values for the property, or a purcha�
less than one year old. Should the `owner/applic
the submitted land appraisal, the City wil( comm
the cost of which will be covered by the owner/a
by otli
ubmit for the Citv's
�iser.
able methods as
sessrnenf Corporation,
nd sale agreement that is
and the City not agree with
�n a"land appraisal report
The staff report recommending approval of the Bonus Zoning proposal will
contain an outline of'the increased density or height proposed, the Community
Benefit to be secured, and the value and timing of the Community Benefit and
contribution to be made by the owner/applicant.
Calculations to d
are outlined in th
Bonus Zoning
ine the financial value of the Bonus Zoning Contributions
�wing tables.
Policy Number: "Click to type Policy Number."
Page 8 of 12
Table 1— Land Designated Urban Residential Areas and Mixed Use Areas
Excluding City Centre
1. Maximum Number of Units Permitted
Land Area (A) X Base Density (B) = Maximum Number of
(maximum density Units Permitted
permitted by the (C)
Official Plan)
Example:
1.0 ha X 140 dwellings per net ha = 140 units
2. Land Value of Each Permitted Unit
Appraised � Maximum Residential
Land Value (Dj Units Permitted (C)
Example:
$1,000,000.00 / 140 units
3. Land Value Resulting from Proposed Density
Land Value of X Proposed Residential
Each Permitted Density; (F)
Unit (E) (maximum of 25 percent
increase over.permitted
Example:
$7,142.86
C!
Land Value
Resulting froi
Proposed
Density (G)
Example:
$1,250,000.00
Incre
Land
um
Example:
$250,000.00
X I 175 units per net ha =
d Value
Appraised Land Value _
_ �p� .
$1,000,000.00
A
GZ�
lue of Each
d Unit, (E)
$7,142.86
Land`Value Resulting
from Proposed
Density (G)
$1,250,000.00
Increase in Land
Value (H)
$250,000.00
�nd Maximum Limits for Bonus Zoning Contribution
' 20 percent to Minimum &
(H) X 40 percent (1) Maximum Limits for
Bonus Zoning
Contribution (J)
X 20 percent _ $50,000.00 (min)
40 percent $100,000.00 (max)
Policy Title: Bonus Zoning Page 9 of 12
Policy Number: "Click to type Policy Number."
Table 2— Land Designated City Centre (Increased Height Requested)
1. Land Value of Each Permitted Unit
Appraised , Number of Residential _ L.and Value of Each
Land Value (A) Units Proposed within Unit at Permitted
the Permitted Maximum Height (C)
� Maximum Height (B)
Example:
$1,000,000.00 � 350
2. Land Value Resulting from the Proposed �
Land Value of X Total Proposed
Each Unit at Number of Units(D)
Permitted
Maximum
Height (C)
Example:
$2,857.00 X 420
3. Increase in Land Value
Land Value _ Appraised Land Val
Resulting from (A)
Proposed
Number of
Example:
$1,199,940.p0 -' $1,000,000.00
. Minimum and Maximum Limits for Bonus Zoning Contribution
Increase in X 20 percent to _ Minimum &
Land Value (F1 40 percent (G) Maximum Limits for
Bonus Zoning
Contribution (H)
I = I $2,857.00
umber of Units.
----
_ Land Value
Resulting from
Proposed Number
of Units (E)
_ $1,"199,940.00
_ Increase in Land
Value (F)
_ � $199, 940.00
Example`: 20 percent
$199,940.00 X 40 percent
�
$39,988.00 minimum
$79,976.00 maximum
Policy Title: Bonus Zoning Page 10 of 12
Policy Number: "Click to type Policy Number."
,� ' �
Implementing Zoning By-law and Bonus Zoning Agreements
The implementing Zoning By-law will address the Bonus Zoning provisions
including the amount of the cash contribution to be provided by the
owner/applicant, details of the Community Benefit, the timing of the payment of
the cash contribution, the timing of the provision of the Community Benefit, and
the requirement for a Bonus Zoning Agreement and its registration on title of the
subject lands.
The Bonus Zoning Agreement will identify the Community Benefit, how any cash
contribution will be used, and will be registered on title of the subject lands.
The implementing Zoning By-law and Bonu
City's discretion, identify how any excess f�
and closing of a Community Benefit project
The payment or provision of Community Be
execution of the Agreement. The timing of K
be outlined in the implementing Zoning By-1�
The payment for the cash contribution will b
negotiation of a site plan agreement, subdiu
agreement unless otherwise agreed to by C
In a phased develop
City's discretion, be
Agreement.
Cash Contributi
> Zoning Agreement may, at the
�ds remaining after a completion
�ay be used.
�efits generally does not occur upon
ayment or provisions of benefits will
w and the Bonus Zoning Agreement.
� dae at the time 'of execution and
ision agreement'or development
ie payment of the cash contribution may, at the
and the timing will be`'outlined in the Bonus Zoning
to support a development either necessary for good planning
red in the'absence of using Bonus Zoning may also be secured
g Agreement instead of a separate development agreement.
Cash contributions may be secured in-lieu of an owner/applicant being required
to construct or pro�ide specific facilities and can be accepted towards
infrastructure services and facilities that address service needs or deficiencies in
the existing community or services for future growth, either of which cannot be
funded or are only partly funded by Development Charges or other Planning Act
contributions.
In a large phased development, cash payments may be phased, subject to the
consideration of staff recommendation and Council approval. An "H" — Holding
Zone may be used to ensure receipt of negotiated Community Benefits in the
form of cash. Cash benefits received from a Bonus Zoning Agreement will be
collected by the City Development Department and held in a Public Benefits
Reserve Fund set up for that purpose. This fund will be managed by the
Finance Department.
Policy Title: Bonus Zoning
Policy Number: "Click to type Policy Number."
Page 11 of 12
04.07
Cash contributions secured in Bonus Zoning Agreements may be indexed to the
Statistics Canada Construction Price Index for Durham Region that would
pertain to the type of Community Benefit secured (new housing or
non-residential).
Cash contributions will be placed in a dedicated Public Benefits Reserve Fund
managed by the Director, Finance & Treasurer, and spent only for facilities,
services, and other matters specified in the implementing Zoning By-law. A
record of proceeds and disbursements will be maintained in conjunction with the
Public Benefits Reserve Fund and capital projects' balances..
The money in the Public Benefits Reserve Fund`may
with the Municipal Act, as amended. Any earnings dE
of the money shall be paid into the special account. 7
shall report on the activities and status of the accoun1
Reporting to Council
In accordance with the Planning Act, as a
amended, the Director, Finance & Treasu
detailed financial statement related to the
financial statement is to include statemen
• opening and closi
• transactions;
• any racnities, se
funds'from #he s
details of the amounts s
• the manner in
was or will be
by-law.
he an
and th�
rovide
�nefits
d in accordance
the investment
auditor's report
�icipal Act, as
cil with an annual
�erve Fund. The
of:
other matters specified in the by-law for which
count have been spent during the year;
C:I
any capital cost not funded from the special account
I for each facility, service or other matter specified .in the
In accordance with`the Planning Act, as amended, the annual auditor's report
shall report on the activities and status of the special account established for the
Commun,ity Benefit money.
In accordance with the Planning Act, as amended, a copy of the financial
statement shall be available to the Minister of Municipal Affairs and Housing
upon request, and shall be made available to the public.
Policy Title: Bonus Zoning
Policy Number: "Click to type Policy Number."
Page 12 of 12