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HomeMy WebLinkAboutPD-86-95Dx: PARK- BYL.GJPE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # 1) Date: Monday, July 10, 1995 Res. #� 11 ­ 11 L '­'�; Report #: PD -86 -95 File #: OPA 89 -089/N By -law # -ZO Subject: PARKLAND AND OPEN SPACE DEDICATION BY -LAW FILE: OPA 89 -089/N Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -86 -95 be received; 2. THAT the proposed Parkland and Open Space Dedication By -Law be APPROVED; 1. BACKGROUND 1.1 Planning Reform - Bill 163 1.1.1 One of the issues addressed in Bill 163 concerned parkland dedication and the potential for "double dipping ". "Double dipping" can occur since a Municipality can request a parkland contribution through the subdivision process but then requests an additional dedication and at the site plan approval stage. Bill 163 amends the Planning Act to alleviate the potential to request a parkland dedication twice. While this has not been the practice in the Municipality of Clarington, the proposed Parkland and Open Space Dedication By -Law clarifies this provision. If the Municipality has requested parkland dedication at the plan of subdivision stage, it will not request parkland dedication at the site plan approval stage 599 86 REPORT NO.: PD -86 -95 PAGE 2 unless there is a change in use or density which warrants an additional dedication. 1.2 Official Plan Amendment #29 1.2.1 The Planning Act, provides Council with the authority to require that 5% of residential lands under development or redevelopment be conveyed to the Municipality for recreational purposes. Where this is not practical, Council has the option to require cash - in -lieu of parkland. 1.2.2 Official Plan Amendment #29 to the Official Plan of the former Town of Newcastle was approved by the Minister of Municipal Affairs on June 7, 1995. This amendment permits the Municipality to utilize the alternative parkland dedication policies under Section 42(2 -4) of the Planning Act, R.S.O. 1990. As such Council may require that land may be conveyed at a rate of up to 1 hectare per 300 dwelling units or as specified in the by -law as a condition of development or redevelopment. The purpose of an alternative parkland dedication policy is to address parkland requirements for higher density residential development. In such cases, the 5% parkland dedication does not yield sufficient lands in relation to the population levels generated by higher density developments. The Planning Act requires that the local Official Plan contain specific policies in order that the provision may be utilized. 1.3 Existing By -laws Governing Parkland and Open Space Dedication 1.3.1 At the present time, three by -laws govern the dedication of parkland and open space within the Municipality: REPORT NO.: PD -86 -95 PAGE 3 • By -Law 79 -69 governing the 5% parkland dedication requirement as a condition of approval for residential subdivisions under the Planning Act; • By -Law 87 -5 governing the gratuitous dedication of valleylands associated within river and creek systems in the Municipality; and, • By -Law 88 -162 governing the 2% parkland dedication requirement as a condition of approval for commercial and industrial development under the Planning Act. The proposed by -law would consolidate these by -laws and at the same time provide various new provisions to implement the changes in the Planning Act and the recent approval of Official Plan Amendment #29. 2. Proposed Parkland and Open Space Dedication By -law 2.1 A copy of the proposed Parkland and Open Space Dedication By -Law is attached to the report (Attachment #1). The following is a summary of the main provisions: • a 2% parkland dedication is required for commercial and industrial development; • a 5% parkland dedication is required for residential development; • the alternative parkland dedication standard of 1 hectare per 300 dwelling units may be required where these rates would yield a conveyance greater than the 5% dedication requirement, provided that these lands are excluded from the 5% dedication REPORT NO.: PD -86 -95 PAGE 4 policy. Where developments contain residential and commercial uses, the dedication shall only pertain to the residential component but in no case shall be less than 2% of the land area; s the conveyance of land may be waived in favour of cash -in -lieu if the dedication would render the site undevelopable or if the conveyance would result in a land parcel with an unsuitable size or location; • the by -law provides a specific method of determining land values when cash -in -lieu of parkland is requested; • additions or expansions to buildings representing a gross floor area of less than 100 m2 will not be subject to a dedication provided that the addition does not represent an additional residential dwelling unit; • open space areas such as wetlands, valleylands, regulatory shoreline, flood susceptible lands and lands with hazardous characteristics do not comprise the required parkland dedication. The Municipality may request that these areas be dedicated gratuitously within the Bowmanville, Courtice, Newcastle Village and Orono urban areas as well as designated hamlets as a condition of approval; • gross land area shall be used to determine the land required for dedication purposes with the exception of the open space areas provided that REPORT NO.: PD -86 -95 PAGE 5 these are dedicated gratuitously to the Municipality • lands dedicated to the Municipality for park purposes shall be conveyed in a satisfactory condition; • buildings constructed by charitable or non - profit organizations, hospitals, and public or government agencies are exempted from the parkland dedication requirements; and, • the proposed By -Law repeals By -Laws 79 -69, 87 -5 and 88 -162. These functions have been consolidated within the proposed Parkland and Open Space Dedication By -Law. 3.3 Comments provided by the Municipality of Clarington Community Services Department on the proposed by -law have generally been incorporated. However, the request that landowners dedicating lands gratuitously should be responsible for erosion control measures and removal of dead trees can be more appropriately dealt with through the plan of subdivision or site plan approval processes. 3. CONCLUSIONS 3.1 In light of the revisions to the Planning Act under Bill 163 and the approval of Official Plan Amendment #29 by the Ministry of Municipal Affairs, it is recommended that Council adopt the proposed Parkland and Open Space Dedication By -Law. This will address the new legislation contained in the Planning Act and provide proportionately equal parkland standards for both low density and higher density residential 599 90 REPORT NO.: PD-86-95 PAGE 6 developments. It will also address some minor technical issues with the existing by-laws and clarify procedures and exemptions. Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P. W.H. Stockwell Director of Planning Chief Administrative and Development Officer RH*DC*df 29 June 1995 Attachment #1: Parkland and Open Space Dedication By-Law 599 91 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NUMBER 95- being a By -Law to govern Parkland Dedication in the Corporation of the Municipality of Clarington and to repeal By -Law 79 -69, By -Law 87 -5 and By -Law 88 -162. WHEREAS Section 42(1) of The Planning Act, R.S.O. 1990 provides the Council with the authority to require the conveyance of land to the municipality for park or public recreational purposes as a condition of development or redevelopment; AND WHEREAS Section 51.1 of The Planning Act, R.S.O. 1990 provides that the approval authority may impose, as a condition of the approval of a plan of subdivision, that land be conveyed to the municipality for park or public recreational purposes; AND WHEREAS Section 53 of The Planning Act, R.S.O. 1990 provides that the approval authority may impose, as a condition of approval of a consent, that a payment of money be required by the municipality in lieu of the conveyance of land for park or recreational purposes; AND WHEREAS Section 42(3) of The Planning Act, R.S.O. 1990 provides the Council with the authority pursuant to the Official Plan policies to require the conveyance of land at the rate of up to 1 hectare per 300 dwelling units proposed for development or redevelopment, as an alternative method to the conveyance of land under Section 42(1) of The Planning Act, R.S.O. 1990; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it appropriate to repeal By -Law 79 -69, By -Law 87 -5 and By -Law 88 -162, NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: For the purpose of interpretation of this by -law, the following definitions shall apply: (a) "Consent" shall refer to the subdivision of land as defined in Section 53 of the Act; (b) "Developable Land" shall refer to an area containing table land suitable for development; IPM (c) "Development" shall refer to the construction, erection or placement of one or more buildings or structures on land or the construction or erection of an addition or alteration to a building or structure; (d) "Municipality" shall refer to the Corporation of the Municipality of Ciarington; (e) "Park Purposes" shall refer to the use of land for public park or other public recreational purposes; (f) "Plan of Subdivision" shall refer to the subdivision of land as defined in Section 51 of the Act; (g) "Site Plan" shall refer to "Development" as defined in Section 41 (1) of the Act; (h) "The Planning Act, R.S,O. 1990" will hereafter be referred to as the Act; (1) "Redevelopment" shall have the same meaning as Development; Q) "Regulatory Shoreline" shall refer to the land, including that covered by water, between the international boundary, where applicable, and the furthest landward limit of the regulatory flood standard, regulatory erosion standard or the regulatory dynamic beach standard as defined by the Comprehensive Set of Provincial Policy Statements, 1994; (k) "Valleylands" shall refer to the lands within a depression located along either side of a watercourse as determined from top -of -bank plus any applicable buffers as required for slope stability; (1) "Wetlands" shall refer to any lands that are seasonally or permanently covered by shallow water, as well as lands where the water table is close to or at the surface and where the presence of abundant water has caused the formation of hydric soils and has favoured the dominance of either hydrophytic or water tolerant plants. 2. As a condition of approval of a plan of subdivision, site plan or consent application of land for commercial or industrial purposes, the Municipality shall require that developable land in an amount not exceeding two percent of the lands included in the plan be conveyed to the Municipality for park purposes. g9 93, - 3 - 3. As a condition of approval of a plan of subdivision, site plan or consent application of land for residential purposes and all other purposes not included in Section 2, the Municipality shall require that developable land in an amount not exceeding five percent of the lands included in the plan be conveyed to the Municipality for park purposes. 4. As an alternative to the provisions of Section 3, the Municipality may require the conveyance of land for park purposes at a rate of up to 1 hectare per 300 dwelling units for residential developments where these rates would yield a conveyance greater than five percent provided that such lands have been excluded from lands subject to the five percent parkland dedication requirement under Section 3 and; (a) that in all cases, the amount of the conveyance shall be a minimum of two percent of the land; and, (b) where development proposals contain residential and commercial components, the parkland dedication shall only be applied to the residential component. 5. The Municipality may waive the conveyance of land requirement in favour of cash -in -lieu of a conveyance of land or a combination of cash -in -lieu and the conveyance of land under the following circumstances: (a) where the use of the alternative parkland dedication requirement would result in a conveyance of more than ten percent of the total land area of a site proposed for development or would render a site undevelopable; and /or, (b) where the land conveyance would not provide a land area of suitable size, configuration or location to meet the Municipality's Official Plan policies or objectives for development of lands for park purposes. 6. Where the Municipality has determined that a cash payment in lieu of lands for park purposes is preferred, the following provisions shall be applicable: (a) in the case of approval under Sections 51.1 and 53 of the Act, the payment shall be based on the market value of the lands established one day prior to draft approval of a plan of subdivision or conditional approval of a consent; and, - 4 - (b) in the case of an approval under Section 42(1) of the Act, the payment shall be based on the value of land as of the day before the building permit is issued or, where more than one permit is required for the development, as of the day before the day of the Issuance of the first building permit. 7. The market value shall be determined by a qualified appraiser hired by the Municipality at the expense of the applicant. The cash -in -lieu contribution received pursuant to this By -Law shall be directed into the Parks Reserve Account. 8. If land has been conveyed or is required to be conveyed for park purposes or a cash -in -lieu payment of land for park purposes has been received or is owing under a condition imposed under Sections 51.1 or 53 of the Act, no additional conveyance or payment in respect of the land subject to the conveyance or payment may be required unless; (a) there is a change in the proposed development or redevelopment that would increase the density of development; or, (b) land originally proposed for development or redevelopment for commercial or industrial purposes Is now proposed for development or redevelopment for other purposes, 9. The provisions In Sections 2 to 8 inclusive shall not apply to development or redevelopment where the additions or expansions to existing uses represent a gross floor area less than 100 square metres and provided that the addition or expansion does not create additional dwelling units. 10, The Municipality shall not accept any wetlands, valleylands, regulatory shoreline, flood susceptible lands or lands with hazardous characteristics as any portion of the parkland dedication requirements in Sections 2 to 8 inclusive. 11, Notwithstanding the above requirements, the Municipality shall request the gratuitous dedication of open space lands including wetlands, valleylands, regulatory shoreline, flood susceptible lands and lands with hazardous characteristics within and adjacent to the Courtice, Bowmanville, Newcastle Village and Orono Urban Areas and designated hamlets. 599 95 I -5- These lands may be required to be dedicated to the Municipality or appropriate Conservation Authority where such dedication is consistent with the Municipality's Official Plan objectives or the long term goals of such Conservation Authority, 12. In determining the area of land required for conveyance of land or cash -in -lieu thereof for park purposes, gross land area shall be used, with the exception of the open space lands referred to under Section 11 provided the open space lands are dedicated to the Municipality gratuitously. 13. Lands dedicated to the Municipality for park purposes shall be conveyed in a condition satisfactory to the Municipality, bearing the full depth of its original topsoil, being clear of unconsolidated fill or refuse and graded In accordance with the Municipality's policies. 14. Notwithstanding other applicable sections in this by -law, the following non- residential uses shall be exempt from the requirement of parkland dedication: (a) all private structures developed by registered charitable, non - profit and hospital organizations; and, (b) all public facilities and buildings developed by a government agency. 15. Should any part of this By -Law be declared by a Court of competent jurisdiction to be Invalid in part or in whole, the validity of the other provisions of this By -Law shall not be affected thereby, the Intent of Council being that each provision of the By -Law shall be determined to be separately valid and enforceable to the fullest extent permitted by law. 16. By -Law 79 -69, By -Law 87 -5 and By -Law 88 -162 are repealed on the date of passing hereof. By -Law read a first time this day of 1995. By -Law read a second time this day of 1995. By -Law read a third time and finally passed this day of 1995. MAYOR CLERK • • o