Parkland Dedication- What Does it Mean to You? Implications of Bill - PowerPoint PPT Presentation

Parkland Dedication- What Does it Mean to You? Implications of Bill 73 on Parkland Dedication Presented by Pierre Chauvin MHBC Planning September 15 th , 2017

Overview • Review Parkland Dedication Policies – Pre Bill 73 – What is Bill 73? – Changes through Bill 73 • Case Example – Richmond Hill Parkland Dedication at the OMB

MHBC • Founded in 1973 • 6 Offices throughout Southwestern Ontario • Provide Urban Planning, Resource Management, Urban Design, and Landscape Architecture services to public and private sector clients across Ontario  Provide assistance to Municipalities in developing and/or reviewing parks and recreation plans  Develop community/subdivision plans, which include parks and trails

Examples of Our Work

Value of Parks • They are investments in the public realm and contribute to:  City Image  Public Health  Quality of Life  Community Development  Environmental health and promotion of ecological services  Increased Property Values  Promotion of Private Investment  Improved Tourist/Visitor Experience

What is Parkland Dedication? • Parkland Dedication policies are one of a number of tools employed by municipalities to secure public parkland • Parkland Dedication is triggered when new development occurs within a municipality • Dedication can take the form of land or cash-in- lieu of land • Planning Act sets out parameters for dedication policies; municipalities enact policies through their Official Plan and By-laws

Policy Context

Policy Context- PPS (2014) Section 1.5 Public Spaces, Recreation, Parks, Trails and Open Space 1.5.1 Healthy, active communities should be promoted by: a) Planning public streets, spaces and facilities to be safe, meet the needs of pedestrians, foster social interaction and facilitate active transportation and community connectivity; b) Planning and providing for a full range and equitable distribution of publicly-accessible built and natural settings for recreation, including facilities, parklands, public spaces, open space areas, trails and linkages, and, where practical, water-based resources ; c) Providing opportunities for public access to shorelines; and d) Recognizing provincial parks, conservation reserves, and other protected areas, and minimizing negative impacts on these areas

Public Service Facilities (PPS 2014) Definition: Land, buildings and structures for the provision of programs and services provided or subsidized by a government or other body, such as social assistance, recreation , police and fire protection, health and educational programs , and cultural services . Public service facilities do not include infrastructure. Section1.6 Infrastructure and Public Service Facilities: 1.6.1 … public service facilities shall be coordinated and integrated with land use planning so that they are: – Financially viable over their life cycle, which may be demonstrated through asset management planning, and – Available to meet current and projected needs

Public Service Facilities Continued 1.6.3 Before consideration is given to developing new … public service facilities: • The use of existing… public service facilities should be optimized • Opportunities for adaptive re-use should be considered, wherever feasible 1.6.5 Public service facilities should be co-located in community hubs, where appropriate, to promote cost- effectiveness and facilitate service integration access to transit and active transportation.

The Planning Act R.S.O. 1990

Pre Bill 73 Conveyance of Land for Park Purposes: • As a condition of development or redevelopment, council may by by-law require that land in an amount not exceeding… 2% for commercial or industrial purposes, and in all other cases 5% of the land to be conveyed to the municipality for park or other public recreational purposes. A municipality must have a parkland dedication by- law in order to require parkland dedication.

Pre Bill 73 Alternative Requirement: • As an alternative to requiring the conveyance provided for in subsection (1), in the case of land proposed for development or redevelopment for residential purposes , the by-law may require that land be conveyed to the municipality for park or other public recreational purposes at a rate of 1 ha per 300 units proposed, OR at such lesser rate as may be specified by by-law . Alternative rates must be specified in a parkland dedication by-law in order to be enforced (but they cannot be appealed)

Pre Bill 73 Official Plan Requirement: • The alternative requirement authorized by subsection (3) may not be provided for in a by-law passed under this section unless there is an official plan in effect… that contains specific policies dealing with the provision of lands for park or other public recreational purposes and the use of the alternative requirement. In order for an alternative rate to be enforced by a parkland dedication by-law, the OP must include policies that speak to parkland dedication and an alternative rate.

Pre Bill 73 Payment in Lieu: • Council may require payment of money to the value of land otherwise required to be conveyed in lieu of the conveyance.

Pre Bill 73 Determination of Value in Section 42: • The value of the land shall be determined as of the day before the day the building permit is issued in respect of the development or redevelopment or, if more than one building permit is required for development or redevelopment, as of the day before the day the first permit is issued. Determination of Value in Section 51.1: • For the purpose of determining the amount of any payment required under subsection (3), the value of the land shall be determined as of the day before the day of approval of the draft plan of subdivision.

What is Bill 73? • The Smart Growth of Our Communities Act • Received Royal Assent on December 3, 2015 • Made changes to both the Development Charges Act and the Planning Act to: – Help municipalities fund growth – Give residents a greater, more meaningful say in how their communities grow – Protect and promote greenspaces – Make the development charges system more predictable, transparent and accountable – Make the planning and appeals process more predictable – Give Municipalities more independence and make it easier to resolve disputes

Bill 73 Parks Plans Parks Plan: • Before adopting the Official Plan policies of subsection (4), the municipality shall prepare and make available to the public a parks plan that examines the need for parkland in the municipality. • In preparing the parks plan, the municipality (a) shall consult with every school board that has jurisdiction in the area; and (b) may consult with any other persons or public bodies that the municipality considers appropriate. • Subsections 4.1 and 4.2 do not apply to official plan policies that were adopted before the effective date (December 3, 2015). Before adopting parkland dedication policies, including alternative rates, a Parks Plan must be prepared to identify the need

Parks Plans Analysis Intended Outcomes: • Better positions municipalities to strategically plan for parks and be prepared for potential opportunities to acquire park land to meet community needs Previously: • Parks plans were not required prior to adopting/updating alternative parkland policies

Parks Plans Analysis Implementation Considerations: • Parks plans not required :  If municipalities use 2% and 5% parkland dedication rates  For existing official plans already containing policies dealing with alternative parkland- in these cases, parks plans are required only at such time as municipality adopts new alternative parkland rate policies in their Official Plan • Municipalities required to consult with every school board that has jurisdiction in the municipality when preparing parks plans

Parks Plans Analysis Implementation Considerations Continued… • Parks plans lay out goals and policies to guide the development of a municipality’s parks and recreation system  Can focus solely on parks or can be integrated with other aspects (i.e. recreation, heritage, culture or trails plans)  Can include planning for acquisition, development, and management of parks and parks services  Can provide opportunities to identify and discuss future surplus school sites and plan accordingly

Parks Plans Analysis Some common purposes of Parks Plans: • Assessing community recreation needs • Engaging citizens in decisions about programs that affect the community • Identifying unique resources that should be preserved (i.e. surplus school sites) • Prioritizing facility and program creation and maintenance • Recommending short, medium and long-term actions

Bill 73 Cash-in-Lieu Payment in Lieu: • If a rate authorized by subsection (1) applies, the council may require a payment in lieu, to the value of the land otherwise required to be conveyed. • If a rate authorized by subsection (3) applies, the council may require a payment in lieu, calculated by using a rate of 1 ha/ 500 dwelling units proposed or such lesser rate as may be specified in the by-law . New rate of 1 ha/500 units or such lesser rate is now included in the Act.