RECOMMENDATION:
THAT
the Town initiate an Official Plan amendment to update the current Community
Improvement policies contained in the Official Plan, to reflect recent changes
to Section 28 of the Planning Act;
AND THAT staff be directed to continue to
work with York Region and Ministry of Municipal Affairs staff to clarify the
applicability of Section 28 provisions to promote urban development, such as
Markham Centre;
AND
THAT staff be authorized to schedule a statutory public meeting to receive
input on the proposed Official Plan amendment, following further consultation
with York Region and Ministry of Municipal Affairs staff.
PURPOSE:
The
purpose of this report is to explain recent changes to Section 28 of the Planning
Act, respecting Community Improvement Areas. As well, the report identifies the benefits of updating Markham’s
Official Plan policies to reflect these changes and identifies potential areas
within Markham where Community Improvement Areas might support public
investment.
EXECUTIVE SUMMARY:
The
original intent of the community improvement provisions contained in the Planning
Act under Section 28, was to provide municipalities with a range of
potential tools to help stimulate investment and revitalization in declining
areas of Ontario municipalities. To benefit from these initiatives, the Planning
Act requires that a municipality must first have operative policies in its
Official Plan and enact by-laws that designate specific areas within the
municipality as a community improvement project area. Following that, community improvement plans may be prepared.
The
Markham Official Plan currently contains community improvement policies.
However, these policies were approved in 1985 (OPA 46) and are focussed on
upgrading municipal services/facilities and encouraging private investment for
upgrading and maintaining buildings and property. Current OP policies do not
contemplate broader municipal actions, programs and other financial incentives
that advance community interests and the greater objectives of the Official Plan.
To ensure that future development in Markham can benefit fully from community
improvement opportunities, it is recommended that the Official Plan be amended
to update the scope of the community improvement policies to reflect current
Planning legislation and to provide a solid base for the use of a broader range
of financial initiatives that can support community goals and land use
priorities.
OPTIONS/DISCUSSION:
Benefits
for the Municipality
Section
28 of the Planning Act permits the establishment of “Community
Improvement Areas” which are intended to be a mechanism for offering incentives
to encourage the type, form and quality of development and redevelopment that
advance community interests and the objectives of the Official Plan. Financial
incentive tools that are available through community improvement project areas
include:
- loans/grants for façade improvements;
- loans, grants and tax assistance for the
clean up of contaminated sites;
- waiving of development application fees;
- waiving of building/demolition permit
fees;
- refunding of parkland dedication fees;
- waiving of parking requirements;
- grants for development charges ;
- funding for certain studies;
- grants/loans tied to property tax
increments.
Community
improvement plans have historically been used for the revitalization of
declining areas and support for private investment through building and
infrastructure improvements. However, new legislation has permitted
municipalities the use of Community Improvement Plans for a broader range of
purposes including “for any other environmental, social or community economic
development reason”.
The current legislation would permit
Markham to use Community Improvement Plans as a tool to promote private
investment in under performing areas, such as Old Kennedy Road or
Langstaff. While the legislation
broadens the scope of the use of Community Improvement Plans, it is unclear
whether the current legislation would specifically permit the Town to use
Section 28 legislation to assist in the implementation of urban intensification
or greenfields developments such as Markham Centre.
Section
28 may also be useful to assist in promoting private investment and transit
supportive development throughout the Regional Centres and corridors.
Preliminary
discussions have taken place with Regional and Municipal Affairs staff to
clarify the scope of the new
legislation. However further
consultation with both parties will be required. Staff will continue to work with Regional staff to identify
whether further legislative clarifications or amendments are required in order
for the Town to apply Section 28 provisions to support urban development such
as Markham Centre.
Appendix
1 to this report is an outline of the process the municipality would follow in
establishing a community improvement project area.
Legislative Framework (Planning Act) has been amended
Amendments to Section 28 of the Planning Act received Royal
Assent on November 26, 2002, (see attached copy of revised Section 28- Appendix
2). Main effects of these amendments
include:
- granting municipalities greater flexibility in designating
community improvement project areas and in preparing community improvement
plans to facilitate cleanup and redevelopment of brownfields;
- eliminating the need for the Minister’s approval of community
improvement plans which do not involve financial assistance to businesses;
- clarifying that a community improvement area may be put in place
“for any environmental, social, or community economic development reason”,
rather than “any other reason” as stated in the previous legislation; and,
- allowing the municipality to make grant or loans to tenants, as
well as registered owners.
The Province of Ontario has also recently addressed
brownfield remediation through the enactment of the Brownfields Statute Law
Amendment Act, 2001, which amended the Municipal Act. This
legislation will allow municipalities to pass by-laws to provide municipal tax
assistance for environmental rehabilitation of properties and may possibly be
used for offering incentives together with, or in lieu of, community
improvement project initiatives. However, the legislation has not yet been
proclaimed to be in force.
Current Provisions of the Markham Official Plan
The community improvement provisions contained in
the Markham Official Plan were developed back in 1985 and are focused on
improving and revitalizing existing declining development. Criteria are
identified in the policies for designating a community improvement area that
are based upon deterioration/deficiency in municipal services and facilities,
or physical, functional or economic decline.
The Official Plan policies establish “Goals” and
“Objectives” for Community improvement areas, “Criteria for Designating a
Community Improvement Area”, “Phasing” and “Implementation”. The Goals and
Objectives are primarily directed to the upgrading of facilities and amenities,
such as roads, sidewalks and recreational facilities, preserving the historic
character of areas and maintaining the commercial viability of business
districts.
Under the community improvement policies in the
Markham Official Plan, Council can:
- designate a community improvement area based upon criteria
contained in the Official Plan;
- designate, by by-law, any part of the Town as a community improvement
project area and require a community improvement plan for that area;
- prepare the land for community improvement;
- encourage redevelopment, reconstruction and rehabilitation of a
community improvement area;
- encourage establishment of Business Community Improvement Areas;
- designate individual buildings and heritage conservation
districts under the Ontario Heritage Act and seek grants for
restoration from other levels of government;
- encourage public participation in development of community
improvement plans.
The Markham Official Plan currently designates the
Main Street Unionville business district and the Business Improvement Area of
Main Street Markham as community improvement areas and by-laws have been passed
to designate hould be noted that business improvement areas are separate
entities, the designation of which is provided for under Section 204 of the Municipal
Act, 2001.
Suggested Changes to the Markham Official Plan Policy
The Markham Official Plan policies should be amended
to reflect the recent changes to Section 28 of the Planning Act. At the same time, the Town should
investigate and clarify whether the new legislation permits Community
Improvement Provisions to be used in support of urban development, such as
Markham Centre, or identify amendments to the legislation that may be required
to provide for this application.
The
preliminary suggested principal amendments to the Official Plan are:
- Identify the criteria within the Official
Plan under which Council may designate areas within Markham as Community
Improvement Areas, through the adoption of by-laws.
- Identify specific policy enhancements
within the “Goals”, “Objectives” and “Criteria for Designating a Community
Improvement Area”, that may be required
to permit Community Improvement Area designations to be used to promote
urban development such as Markham Centre
Staff
will further review the legislative framework and potential changes to the
Markham Official Plan with Provincial and Regional staff and develop a draft
Official Plan Amendment reflecting this work, prior to holding a statutory
Public Meeting.
FINANCIAL CONSIDERATIONS:
Potential future changes to the community improvement policies may lead
to opportunities for the municipality to provide grants, loans and other
financial tools, subject to the provisions of Section 28 of the Planning Act.
BUSINESS UNITS
CONSULTED AND AFFECTED:
Finance and Legal Services Departments.
CONCLUSIONS:
Changes
to broaden and update the community improvement policies of the Markham
Official Plan should be undertaken.
Following
consultation with the Region of York and the Ministry of Municipal Affairs and
Housing, and further research, a Public Meeting should be scheduled.
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Valerie
Shuttleworth, M.C.I.P., R.P.P.
Director
of Planning and Urban Design
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Jim
Baird, M.C.I.P., R.P.P.
Commissioner
of Development Services
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ATTACHMENTS:
Appendix
1 - Process for Developing Community Improvement Plans
Appendix 2- Excerpt
from Planning Act showing amendment to Section 28 – Community Improvement
Q:\Development\Planning\Teams\Markham
Centre\Community Improvement Areas\DSCreport to callPM.doc
Appendix
1
The Process for Developing Community Improvement
Plans
The following is an outline of the process for
developing a community improvement plans:
- where the official plan provides policies for community
improvement areas and an area meets the criteria specified in the official
plan, Council may pass a by-law to designate the area as a community
improvement project area (under Section 28(2) of the Planning Act).
- Staff develop a community improvement plan for the project area
following the same process as an official plan amendment process, however,
the plan does not form part of the official plan
- contents of the community improvement plan may include:
introduction, background information about the area, need/benefits of the
plan, describe available programs (e.g. grant and loan programs), and
implementation
- consultation with the public is a key component of this program
- as part of developing the plan staff would determine how the plan
would be administered i.e. process for the giving of grants, funding and
how that would be done, for example, the City of London has a non-profit
Downtown Development Corporation that administers their community
improvement plan
- Council passes a by-law to adopt the community improvement plan
- once adopted, the community improvement plan is forwarded to the
Ministry of Municipal Affairs and Housing for approval
- the decision of the Ministry is subject to a 20 day appeal period
- staff then finalize detailed procedures for administering the
grant and loan programs including preparing application forms,
establishing procedures for issuing grants and loans, receiving loan
repayments and monitoring available funding
- when Council is satisfied that the community improvement plan has
been carried out, Council may by by-law dissolve the community improvement
project area
