Newmarket developers may now have to contribute more toward parkland, or cash-in-lieu, to get their projects approved in urban centres in town.
Council passed an update to its parkland dedication bylaw Aug. 29 that will see the maximum land area cap for land dedication double within urban centres, from 25 per cent to 50 per cent.
Although the higher cap was previously legislated to come into force in 2020, the town never did enforce it due to the impact of the pandemic. But the newly approved bylaw will make the higher cap official.
“Re-approving the parkland dedication bylaw allows the town to continue to obtain parkland for future parks or collect cash-in-lieu for land to fund other recreational purposes at the current rates,” senior planner Phoebe Chow said in a staff report.
Parkland dedication bylaws and the provincial Planning Act allow the municipality to require the conveyance of parkland or cash for a given development.
Newmarket’s bylaw sets that at 0.7 hectares per 1,000 residents for residential uses in urban centres, or alternative residential requirements under the Planning Act, whichever is less.
hi Outside urban centres, that is one hectare per 300 units, or five per cent of the land area for development, whatever is greater. Cash-in-lieu equivalents are also an option.
Although not every development will hit the upper cap, the raising of the limit did garner concern from Upper Canada Mall, where dense development is planned, including more than 5,000 new units in the surrounding area over the next 30 years. OPGI Management Limited Partnership wrote on behalf of Upper Canada Mall to object to the change, arguing the new cap is too much.
“A 50 per cent cap is too high, and will create significant disincentive to high-density intensification,” the firm wrote. “The current 25 per cent parkland dedication cap would be an appropriate balance.”
The letter also said the town’s definition of development was too broad and might capture land use changes before any development actually occurs. Although the town stuck with the cap increase, it did amend the definition of development in the bylaw.
The staff report said the updated bylaw is essentially enforcing what is already on the books, with consultation done on the cap in 2016.
The report said the new bylaw was circulated to partners, including the Building Industry and Land Development Association, with no other comment in opposition.
The increased cap will also apply to mixed-use development in urban areas.
