September 11, 1998
To:Chairman and Members of the North York Community Council
From:Frank Kershaw
Director of Policy and Development
Subject:5% Cash-in-Lieu of Parkland Dedication Requirement
693316 Ontario Limited
508 - 518 Coldstream Avenue
Lots 2 - 7, R.P. 3171, Part of Lot 1, R.P. 3556
Ward 8 - North York Spadina
Purpose:
The purpose of this report is to clarify the application of the 5% cash-in-lieu of parkland dedication payment attributable to
the above noted development. The solicitor acting on behalf of 693316 Ontario Limited wishes to make a submission to
Community Council to present his position with regard to the 5% cash-in-lieu payment (see attached Schedule A).
Recommendations:
It is recommended that:
(1)The 5% cash-in-lieu of parkland dedication payment remain applicable for this development.
Background:
1.0Subject Lands:
The subject lands involve 7 lots, Lots 2 to 7, R.P. 3171 and Part of Lot 1, R.P. 3556. These lands are municipally known as
508, 510 and 518 Coldstream Avenue (see attached Schedule B).
The above noted lands were the subject of amendment application UDOZ-96-12 which was approved by the former City of
North York Council at its meeting held on April 16, 1997. Council approved the redevelopment of the subject lands to
permit 10 new detached dwellings and enacted By-law 32999 (see attached Schedule C). At the time of the zoning
amendment application 3 of the lots had existing detached dwellings located on them and 4 of the lots did not have
structures on them, were undeveloped and vacant.
2.0Planning Act, Section 42 and By-law 30152:
Section 42(1) of the Planning Act, RSO 1990, c. P.13, reads as follows:
"As a condition of development or redevelopment of land, the council of a local municipality may, by-by-law applicable to
the whole municipality or to any defined area or areas thereof, require that land in an amount not exceeding, in the case of
land proposed for development or redevelopment for commercial or industrial purposes, 2 per cent and in all other cases 5
per cent of the land be conveyed to the municipality for park or other public recreational purposes."
The option for municipalities to request payment of cash-in-lieu of parkland dedication from developers did not appear as a
provision within the Planning Act until 1983 (Section 41, Planning Act, 1983, S.O. 1983, C.1).
On March 9, 1987 the former City of North York enacted By-law 30152 (see attached Schedule D). By-law 30152 still
remains in full force and effect. This is the by-law specified in Section 42(1) of the Planning Act, which enables the former
municipality of North York to apply a parkland dedication requirement to development or redevelopment of land. That
dedication can be in the form of land or cash-in-lieu of a land dedication payment. By-law 30152 defines development and
redevelopment of lands as follows:
"Development means the construction, erection or placing of one or more buildings or structures on land or the making of
an addition or alternation to a building or structure that has the effect of substantially increasing the size or usability
thereof, or the laying out and establishment of a commercial parking lot.
Redevelopment means the removal of a building or structures from land and further development of the land, or the
substantial renovation of a building or structure and a change in the character or density of use in connection therewith".
2.1Exemptions:
There are exemptions where the City does not apply a parkland dedication requirement. Generally, developments such as
places or worship, publicly funded schools and institutional uses are exempt. Detached dwellings on an individual basis are
exempt when they are as-of-right development or redevelopment of an existing detached dwelling. Or if a land conveyance
was made by a previously registered plan of subdivision, that may fulfill the statutory parkland dedication requirement.
2.2Current Practice:
There are two ways the City can apply the parkland dedication requirement as set out in By-law 30152. The first is if the
lands in question are the subject of a zoning amendment application or a plan of subdivision application. The Parks and
Recreation Department determines, at time of application circulation, if a land dedication or cash-in-lieu of parkland
dedication is appropriate for the development. Parks and Recreation then reports its requirements to the Planning
Department for inclusion in their staff report on the application and it becomes a condition of approval.
The second method of application is when the development is permitted as-of-right. If this is the case, then it is determined
by Parks and Recreation if a cash-in-lieu payment is applicable or not.
At present, the majority of parkland dedication requirements secured in North York are by means of zoning amendment or
subdivision applications and are in the form of cash-in-lieu. This is due to the fact that most development or redevelopment
sites in North York are small in size and do not warrant an on-site parkland dedication.
3.0Land Divisions:
North York also applies the practice of collecting a cash levy for parks through applications for land divisions. If a land
division is applied for, then the City has the ability to collect $1,000 for each new lot created by means of a land division.
4.0Registered Plans 3171 and 3556:
The majority of the subject lands, Lots 2 to 7, are lots found within Registered Plan 3171 which was registered on July 13,
1944. The plan consists of 68 detached dwelling lots, 4 commercial blocks and public roadways. Part of Lot 1, R.P. 3556
also forms part of the subject lands. This plan consists of 36 detached dwelling lots and public roadways and was registered
on April 26, 1948. No conveyance of parkland blocks are indicated on either of these plans of subdivision.
5.0UDOZ-96-12:
Amendment application UDOZ-96-12 was received by the Planning Department on April 2, 1996 and then circulated to
other departments and agencies for comments. The original proposal was for development of the site with 14 multiple
attached dwelling units.
In its comments to the Planning Department dated August 8, 1996 (see attached Schedule E) the Parks and Recreation
Department advised that if this application was approved by Council, it would be subject to a 5% cash-in-lieu of parkland
dedication payment. A copy of these comments were forwarded directly to the applicant by Planning Department staff (see
attached Schedule E1).
On November 26, 1996 the Planning Department recirculated amendment application UDOZ-96-12 to other departments
and agencies for comments, as the applicant had modified their proposal. The applicant was now requesting permission to
develop the subject lands with 10 detached dwellings.
In its revised comments to the Planning Department dated January 7, 1997 (see attached Schedule F) the Parks and
Recreation Department advised that if this application was approved by Council, it would be subject to a 5% cash-in-lieu of
parkland dedication payment.
The Planning Department prepared a staff report on this application dated February 4, 1997. The report was received by
Planning Committee on February 12, 1997. The statutory public meeting was held on March 26, 1997 and former City of
North York Council approved this amendment application at its meeting held on April 16, 1997. By-law 32999 was enacted
by former City of North York Council on May 28, 1997 and is now deemed to be in force.
Comments and Discussion:
6.0Current Status:
The land owner has made application to the City for building permits for the 10 detached dwellings. At time of building
permit application, the applicant was informed that the development would be subject to a 5% cash-in-lieu of parkland
dedication payment. In a memorandum dated May 4, 1998 (see attached Schedule G), the Property Section of the Finance
Department assessed the 5% cash-in-lieu of parkland dedication payment for the 10 detached dwellings at $90,000 or
$9,000 per dwelling. The land owner has been advised of this information.
At the time of writing this report, the land owner has made two payments to the City of $9,000 each for cash-in-lieu of
parkland dedication. This fulfills the parkland dedication requirement for two of the ten building permits. These payments
have been made under protest.
7.0Legal Department Interpretation:
The solicitor acting on behalf of the land owner wrote a letter to the Parks and Recreation Department dated March 25,
1998 (see attached Schedule H) questioning the applicability of the 5% cash-in-lieu of parkland dedication payment for his
client's development.
The Parks and Recreation Department forwarded the March 25, 1998 letter from the land owner's solicitor to the Legal
Department for interpretation and response. In a letter dated March 26, 1998 (see attached Schedule I) the Legal
Department advised the land owner's solicitor of the following:
- The Planning Act of Ontario gives authority to all local municipalities to require a parkland dedication, or cash-in-lieu
thereof, as a condition of development or redevelopment of land.
- Within the text of By-law 30152, development and redevelopment are defined. It is the City's position that the proposal
for 10 detached dwellings on the above noted lands, which was approved by Council by means of an amending by-law,
constitutes development of the subject lands. Therefore, you are subject to, in this case, a 5% cash-in-lieu of parkland
dedication payment prior to the issuance of any building permits for the subject lands.
- By-law 30152 does not require that you receive notice in advance of this levy. This is a levy recognized by public statute
and must be paid prior to building permit issuance.
Conclusions:
Despite the fact the land owner has said he was unaware of the cash-in-lieu of parkland dedication requirement of Parks and
Recreation when the property was purchased, the Ontario Planning Act permits municipalities the ability to apply a
parkland dedication requirement as a condition of development or redevelopment of land. The land owner was advised of
this requirement at time of building permit application.
Former City of North York By-law 30152 is the enabling by-law which gives the City the authority to implement a
parkland dedication, or cash-in-lieu thereof, for development or redevelopment of land. By-law 30152 remains in full force
and effect. The lands in question were the subject of an amendment application that represented both development and
redevelopment of these lands.
Therefore, the City was operating within its authority to request a cash-in-lieu of parkland dedication from this land owner
for this development.
Contact Names:
Ed Newhook, Manager Policy and Planning
Phone: 395-7907Fax: 395-7886
Tim Park, Land Use Planner
Phone: 395-0221Fax: 395-7886
Frank Kershaw
Director of Policy and Development
Schedules:
ALetter from solicitor representing 693316 Ontario Limited dated June 29, 1998
BZoning Map
CBy-law 32999
DBy-law 30152
EParks and Recreation memorandum dated August 8, 1996
E1Letter to applicant dated August 13, 1996 with Parks and Recreation comments attached.
FParks and Recreation memorandum dated January 7, 1997
GFinance Department memorandum dated May 4, 1998
HLetter from solicitor representing land owner dated March 25, 1998
ILetter from Legal Department dated March 26, 1998
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