Report to: Development Services Committee Date of Meeting: May 16, 2006

SUBJECT: Cornell Parkland Dedication Agreement

PREPARED BY: Isa James, ext. 2520

RECOMMENDATION:

That the staff report of May 16, 2006 entitled “Cornell Parkland Dedication Agreement” be received;

And that the Mayor and Clerk be authorized to execute an agreement with the Cornell Developers Group (Appendix ‘A’) in a form satisfactory to the Town Solicitor and the Commissioner of Development Services, for the dedication of parkland within the Cornell Secondary Plan area.

EXECUTIVE SUMMARY:

Not applicable

FINANCIAL CONSIDERATIONS:

Not applicable

In 1996 the Town entered into a development agreement with the Ontario Realty Corporation (ORC) that secured parkland and additional lands as elements of the greenlands system in the Cornell Secondary Plan Area. The parkland and open space principles of the agreement were incorporated in the Cornell Open Space Master Plan of 1995 (Figure 2) and are detailed below:

Provision of parkland at 6 acres/1000 population comprised of:

· 5 acres/1000 population dedication

· 1 acre/1000 population purchase by Town

Preservation in private ownership of 5 woodlots
Extension of the woodlot south of Highway 7 in private ownership
Public ownership of:

· Western buffer lands (9^th Line Greenway)

· Eastern buffer lands (By-pass Greenway)

· Water course corridors

This agreement was superceded in 1997 by an agreement between the Town and Law Development Group. Law had previously entered into an agreement with ORC to develop the first phase of Cornell and to purchase their remaining Cornell lands at a later date. The new agreement, named the “School Site Agreement”, established among other matters the following parks and open space dedication parameters:

· Parkland dedication at a rate of 5 acres/1000 population (The Town’s commitment to purchase 1 acre/1000 population was not included.)

· Conveyance of 2 school sites in Cornell, totaling 20 acres, to the York Region School Board as part of an exchange that facilitated the Town’s acquisition of the Austin, Carlton, Reesor and Simonston school sites for parkland.

· 135 acre approximate total parkland dedication (includes the 20 acres Law conveyed to the school board)

· Dedications of the following open space areas (not included as part of the parkland conveyances noted above):

· 6 acres of Urban Open Space

· the 9^th Line Greenway

· the 5 woodlots with buffers as well as stormwater management facilities (included a provision permitting the Town, at its discretion, to count those lands providing recreational amenity as parkland dedication.)

The School Site Agreement also acknowledged the requirement to amend the Cornell Open Space Master Plan.

In 2000 the Law Development Group and its partners closed on the purchase of the ORC’s remaining Cornell Lands. In 2002, Town staff began to develop a Revised Cornell Open Space Master Plan with the assistance of George Dark of Urban Strategies and in consultation with area residents and the Cornell developers. This work was undertaken in anticipation of receiving draft plan of subdivision applications in other phases of the Secondary Plan.

In 2003 the Cornell Developers Group was formed and began to negotiate a draft Revised Cornell Open Space Master Plan and new Parkland Dedication Agreement with Town staff.

The draft Parkland Dedication Agreement with the Cornell Developers Group incorporates the developers obligations under the School Site Agreement and is reflective of the draft Revised Cornell Open Space Master Plan (Figure 3).

The draft agreement requires the following parks and open space dedications:

137.5 acres (minimum) of parkland which include:

· 106.58 acres of parkland

· 20 acres School Site lands (from previous agreement)

· 9.23 acres of trail lands in woodlots

· 1.69 acres ($650,000.00 2004 value equivalent) infrastructure in lieu of parkland including:

· Woodlot trail construction

· Trail entry features

· A pedestrian bridge linking neighbourhood residential lands to the commercial center.

A commitment to pay cash-in-lieu of parkland for high density lands along Avenue 7 in Cornell Centre in accordance with the Town Parkland Dedication By-law
A commitment for the developers to remove and dispose of the existing Markham By-pass road bed where it passes through the Community Park
6 acres of Urban Open Space
41.97 acres of remaining woodlot and buffer lands
Woodlot expansion lands and stormwater management lands
9^th Line Queen’s Golden Jubilee Greenway

Some of the lands have already been dedicated to the Town through the registration of subdivision agreements.

The benefits to the Town of entering into the proposed Cornell Parkland Dedication Agreement include:

· The draft Cornell Parkland Dedication Agreement incorporates the parkland dedication requirements of the School Site Agreement.

· It provides the Town with greater certainty in regard to minimum future conveyances.

· It secures additional parkland dedication (2.5 acres) for commercial/industrial lands.

· The maximum area of woodlot lands providing recreational amenity and therefore receiving parkland dedication credit have been determined.

· Dedications over and above parkland dedication have been reconfirmed.

· Important infrastructure designed to provide significant pedestrian linkages, that might prove difficult for the Town to provide through parks capital expenditure budgets, is secured.

· The Town has been relieved of the cost of removing the existing Markham By-pass in the community park area.

· The requirement for cash-in-lieu of parkland dedication for density increases resulting from new provincial and regional policies, over the maximum population values quoted in the current Cornell Secondary Plan, has been captured.

The following chart provides a break-down of parkland dedication in Cornell for comparison to other OPA 5 communities.

Cornell Parkland Dedication (as defined by draft Parkland Dedication Agreement)	Parkland / Open Space	Acres/1000 people
Parkland (includes 2.5 acres for Commercial/Industrial uses)	106.58 acres	3.34
School Sites*	20.00 acres	0.63
Woodlot trail lands	9.23 acres	0.29
$650,000.00 infrastructure in lieu of Parkland*	1.69 acres	0.05
Sub-total	137.5 acres	4.31
Urban Open Spaces (parkettes)	6.0 acres	0.19
Golden Jubilee Greenway (linear parkland)	6.4 acres	0.2
Woodlot and Woodlot Buffer Lands	41.97 acres	1.31
Woodlot Expansion Lands	29.66 acres	9.3
Cornell Grand Total	221.53 acres	6.94

* See background for explanation

Even if the infrastructure in lieu of parkland component and the School Site Lands are taken out of the comparison, Cornell will still achieve approximately 6.26 acres/1000 population of parkland dedication. This is approximately 50% more parkland than the other OPA 5 communities’ parkland dedication requirement of 4 acres/1000 population.