5 Percent Cash-in-Lieu of Parkland Dedication -
693316 Ontario Limited - 508-518 Coldstream Avenue -
North York Spadina
The North York Community Council recommends that the following report (August 18, 1998) from the Director of
Policy and Development, Economic Development, Culture and Tourism not be adopted and that the total
cash-in-lieu of parkland dedication payment be $27,000.00 for the three new lots created and $1,000.00 for each of
the remaining seven lots, for a combined total figure of $34,000.00:
Purpose:
The purpose of this report is to clarify the application of the 5 percent 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 percent cash-in-lieu payment (see attached
Schedule A).
Recommendation:
It is recommended that the 5 percent 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 No. 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 No. 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 No. 30152 (see attached Schedule D). By-law No.
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
No. 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 No. 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 $1,000.00 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 percent 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 percent
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 No. 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 percent 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 percent cash-in-lieu of parkland dedication payment for the 10 detached dwellings at
$90,000.00 or $9,000.00 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 $9,000.00 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 percent 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 No. 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 percent cash-in-lieu of
parkland dedication payment prior to the issuance of any building permits for the subject lands.
- By-law No. 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 No. 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 No. 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
(A copy of the Schedules referred to in the foregoing report is on file in the office of the City Clerk, North York City
Centre.)