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HomeMy WebLinkAboutPLN 27-24Report to Executive Committee Report Number: PLN 27-24 Date: November 4, 2024 From: Kyle Bentley Director, City Development & CBO Subject: New Parkland Dedication By-law, and Stratified Parks and Privately-Owned and Publicly Accessible Spaces Guidelines -File: L-2000-011 Recommendation: 1.That the Parkland Dedication By-law, as set out in Appendix I to Report PLN 27-24, beapproved and forwarded to Council to be enacted; 2. That the existing Conveyance of Land for Park or Other Public Recreational Purposes,By-law 7955/22, be repealed on the day that the new Parkland Dedication By-law comes into full force and effect; 3.That the Stratified Parks and Privately-Owned and Publicly Accessible Spaces Guidelines,as set out in Appendix II to Report PLN 27-24, be endorsed by Council; and 4.That the appropriate City of Pickering officials be authorized to take actions as necessaryto implement the recommendations of this report. Executive Summary: The purpose of this report is to obtain Council’s approval of a new Parkland Dedication By-law, as well as Council’s endorsement of the Stratified Parks and Privately-Owned and Publicly Accessible Spaces Guidelines. As a result of legislative changes, recommendations from the Recreation and Parks 10-Year Plan, and a review of best practices, staff recognized the need to modernize the Parkland Dedication By-law. Key changes to the Parkland By-law include: revised parkland acquisition rates; the introduction of credits for stratified (strata) parks; and privately-owned and publicly accessible spaces (POPS). The new Parkland Dedication By-law will ensure that the City continues to prioritize the acquisition of the maximum allowable amount of parkland with new developments (see Appendix I). The new Stratified Parks and Privately Owned and Publicly Accessible Spaces Guidelines will assist staff in negotiating for these items where appropriate (see Appendix II). Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priorities of Advance Innovation & Responsible Planning to Support a Connected, Well-Serviced Community; and Lead & Advocate for Environmental Stewardship, Innovation & Resiliency. Financial Implications: There are no direct financial implications arising from this report. PLN 27-24 November 4, 2024 Subject: New Parkland Dedication By-law, and Stratified Parks and Privately-Owned and Publicly Accessible Spaces Guidelines Page 2 Discussion: The purpose of this report is to obtain Council’s approval of a new Parkland Dedication By-law as well as Council’s endorsement of the Stratified Parks and Privately-Owned and Publicly Accessible Spaces Guidelines. As a result of Provincial legislative changes, recommendations from the Recreation and Parks 10-Year Plan, and a review of best practices from other Greater Toronto Area municipalities, the City needs to modernize and update the Parkland Dedication By-law. The key changes to the Parkland By-law include revised parkland rates and the introduction of credits for strata parks, and privately-owned publicly accessible spaces (POPS). 1. Legislative Changes In October 2022, Bill 23 introduced several changes to the Planning Act, affecting how municipalities can acquire parkland, or receive payment-in-lieu of parkland. Consequently, the City must update its Parkland Dedication By-law to comply with the new legislation, and better equip the City with additional tools to maximize the acquisition of new parkland. In the development review process, the Planning Act allows municipalities to acquire parkland as a condition of approval for site plans, plans of subdivisions, and land divisions. The Planning Act specifies the rates that municipalities can use to calculate the amount of parkland that may be acquired (see Table 1 below). A calculation of parkland using the simple percentage of the site area typically yields more parkland for low-density developments, while the “alternative residential parkland rate” typically results in greater parkland for medium and high-density residential developments. The changes to the Planning Act also set caps on the maximum amount of parkland that municipalities can acquire using the alternative parkland rate. Non-residential Residential Parkland rate Alternative Residential Parkland Rate Parkland Caps for Alternative Residential Parkland Rate Parkland Rate Before Bill 23 2 percent 5 percent 1 hectare: 300 units (land) or 1 hectare: 500 units (payment-in-lieu) N/A Parkland Rate After Bill 23 2 percent 5 percent 1 hectare: 600 units (land) or 1 hectare: 1,000 units (payment-in- lieu) 10% for land that is 5 hectares or less 15% for land that is greater than 5 hectares Table 1: Comparison of parkland rates before and after Bill 23 PLN 27-24 November 4, 2024 Subject: New Parkland Dedication By-law, and Stratified Parks and Privately-Owned and Publicly Accessible Spaces Guidelines Page 3 The land given to the City as parkland must be suitable for parks or other recreational uses. Therefore, the City does not accept the following as parkland: • natural heritage features • slopes and valley lands • contaminated lands or • lands encumbered by underground structures, infrastructure or easements However, the Official Plan recognizes the special conditions in the City Centre and enables municipal roads and parks in this area to be encumbered by underground structures. Since natural heritage features, slopes, and valley lands are not usable for development, developers commonly convey these lands to municipalities at no charge as a condition of approval. Once in public ownership, these lands are then protected in perpetuity. Although a portion of these lands may be used to accommodate a pedestrian or multi-use trail, they are not suitable for typical park programming. 2. Recommendations from the Recreation and Parks 10-Year Plan The parkland rates proposed in the draft Parkland Dedication By-law are taken directly from the Planning Act. When applied exactly as indicated in the Planning Act, these parkland rates will result in a much lower provision of parkland per capita compared to the City’s existing parkland inventory. According to the recently approved Recreation and Parks 10-Year Plan 2024-2034 (“the new Parks Plan”), the City currently has a parkland provision rate of 1.76 hectares per 1,000 residents, excluding unprogrammed areas within parks (i.e., natural heritage areas and slopes). The current parkland rates in the Planning Act will generally result in parkland dedication rates ranging from 0.2 to 1.0 hectares per 1,000 residents. The new Parks Plan recommends that Pickering aims for a parkland provision rate of 1.5 hectares per 1,000 residents. Below are several recommendations to improve the City’s ability to acquire parkland through development applications. These recommendations are: • Update Parkland Dedication Requirement (#54): Revise the parkland dedication requirements and related policies in the City of Pickering’s Official Plan and Parkland Conveyance By-law. • Establish Policies for Privately-Owned Public Spaces (POPS) and Strata Parks (#55): Create policies surrounding POPS and strata parks. While these spaces will generally be discouraged, they may be counted towards parkland dedication at the City’s discretion (with both POPS and strata parks being accepted at discounted rates). PLN 27-24 November 4, 2024 Subject: New Parkland Dedication By-law, and Stratified Parks and Privately-Owned and Publicly Accessible Spaces Guidelines Page 4 • Set Guidelines for Acceptable Parkland Dedication (#56): Establish clear guidelines for what constitutes acceptable parkland dedication from developers. These guidelines should address restrictions on encumbered lands, hazardous lands, steep slopes and unstable lands, environmentally protected lands, rights-of-way and easements, and contaminated lands. Include these guidelines in the Official Plan or parkland conveyance procedure. • Adopt a “Parkland First” approach (#57): Prioritize the conveyance of parkland over cash-in-lieu of parkland and POPS to address parkland requirements. • Define Criteria for Cash-in-Lieu Acceptance (#60): Clearly outline the criteria for evaluating the acceptance of cash-in-lieu of parkland dedication. • Prioritize Spending Cash-in-Lieu Funds on Land Acquisition (#61): Focus on using cash-in-lieu funds for acquiring new land rather than making capital improvements in parks. 3. Strata Parks and POPS Some of the alternative ways of providing new parkland and park spaces are by using strata parks and POPS. Strata parks are parcels of land where the City owns the surface (with appropriate depth for plantings, and installation of structures and services). The developer or condominium corporation owns the space below grade, typically used for underground parking, or other infrastructure (see Figure 1 below). Figure 1: Strata park with parking below grade POPS are park spaces and plazas on private property that are publicly accessible through legal agreements between the property owner and the City (see Figure 2 below). PLN 27-24 November 4, 2024 Subject: New Parkland Dedication By-law, and Stratified Parks and Privately-Owned and Publicly Accessible Spaces Guidelines Page 5 Figure 2: Example of a Privately-Owned and Publicly Accessible Space (POPS) Staff recognize that there is a role for strata parks and POPS in certain high-density developments. The reason is the ability of these developments to provide innovative and creative park spaces in areas where traditional parkland is challenging to provide. The City has already accepted one strata park and one POPS in the City Centre at the Universal City development. 4. Strata Parks, and Privately-Owned Publicly Accessible Spaces (POPS) Guidelines Sections of the Planning Act, which have yet to be proclaimed, permit strata parks as a means for developers to meet their parkland requirements. Although not yet in effect, it is clear that the City should be prepared to accept these forms of parkland in the future. As a result, staff have prepared Stratified Parks and Privately-Owned and Publicly Accessible Spaces Guidelines (the “Guidelines”). Once endorsed by Council, these Guidelines are intended to be used as technical standards when negotiating for these items as part of development approvals. The Guidelines will give clear direction on the minimum size, location, design, and maintenance requirements for these spaces. This will ensure consistent outcomes when incorporating them into future development approvals. Strata parks are not ideal as they have long-term maintenance requirements that exceed the maintenance requirements of a typical park. Where strata parks are proposed, the draft Parkland Dedication By-law stipulates that they will be credited at 80 percent of the traditional parkland requirements. Therefore, a 1 hectare strata park will count as 0.8 of a hectare towards the total parkland requirements of a development. PLN 27-24 November 4, 2024 Subject: New Parkland Dedication By-law, and Stratified Parks and Privately-Owned and Publicly Accessible Spaces Guidelines Page 6 Section 12.10I (e) of the Official Plan states that underground parking is allowed beneath the City’s municipal roads and parks for properties within the City Centre. POPS are not ideal because they are not owned by the City, and their maintenance is solely the responsibility of the private property owner. This can lead to slow and irregular maintenance of spaces intended for public use. When POPS are proposed, the draft Parkland By-law stipulates that POPS will be credited at 50 percent of the traditional parkland requirements. Therefore, a 1 hectare POPS will count as 0.5 of a hectare towards the total parkland requirements of a development. Section 12.10C (g) of the Official Plan notes that POPS may be credited as parkland within the City Centre if the following conditions are met: • the POPS is designed and maintained to the standards of the City; • the POPS is visible, open, and accessible to the public at all times; and • the owner enters into an agreement with the City to ensure that the previous conditions are met 5. Exemptions from Providing Parkland The Development Charges Act already exempts property owners who build affordable housing (as defined by the Provincial Affordable Housing Bulletin), attainable housing, and additional dwelling units, from paying development charges. The proposed Parkland Dedication By-law aims to further support housing affordability by exempting the following from providing parkland: • housing constructed by not-for-profit groups for religious, charitable, educational, benevolent, or welfare purposes and • long-term care homes Additionally, commercial and industrial developments up to 200 square metres are proposed to be exempt from parkland requirements. This exemption is intended to support modest expansions to existing businesses and incentivize the creation of retail and services within mixed-use developments. 6. Payment-in-Lieu of Parkland The City prioritizes having developers provide parkland. However, if the amount of parkland to be conveyed is too small to be usable, or the available lands are too far from residential areas, the City can require payment instead of land. In these cases, an appraisal of the property is completed, and a proportional amount is paid to the City. These funds are then pooled and used to acquire parkland in other areas of the municipality. PLN 27-24 November 4, 2024 Subject: New Parkland Dedication By-law, and Stratified Parks and Privately-Owned and Publicly Accessible Spaces Guidelines Page 7 7. Engagement on the City’s draft Parkland Dedication By-law A draft of the proposed Parkland Dedication By-law was posted on the City’s website for public comment, and a draft copy was circulated to BILD and the local development community for feedback. The first draft of the Parkland By-law was open for public comment from June 14 to August 11, 2024. Based on technical comments received from the development industry, the By-law was revised and reposted for further comments from August 12 to September 4, 2024. The City’s social media platforms were used to advertise the draft Parkland By-law. Staff were also present to receive comments and answer questions during the open houses that were held for the Recreation and Parks Ten-Year Plan on July 9 and 17, 2024. Direct emails were sent to BILD and members of the local development community. BILD also shared a link to the draft By-law in their July 9 newsletter. In addition, the Stratified Park and Privately-Owned and Publicly Accessible Spaces Guidelines were made available for review on the City’s website from August 12 to September 4, 2024. The comments received are listed below. 7.1 Comments Received from the Public Question / Comment Response 7.1.1 Do parkland requirements add to the cost of new housing? New development requires municipal infrastructure and services to function properly. This applies equally to water pipes, libraries, and parkland. As a result, the development industry includes the cost of providing parkland into the cost of all new development and any redevelopment. The alternative would be that the City either chooses not to provide parkland to new residents or acquires new parkland using other revenue sources. 7.1.2 Developers shouldn't be able to pay their way out of preserving park space. Except for the exemptions listed in Section 5 of this report, all new development is required to provide parkland as a condition of development approval. There may be times when it is appropriate to collect payment-in-lieu of parkland if the parkland suggested is too small to be usable or is too far away from residential areas for practical use. In addition to providing parkland, or payment-in-lieu of parkland, developers are still required to preserve all natural heritage features identified on a property and may be required to convey these natural heritage features to a public authority for their long-term protection. PLN 27-24 November 4, 2024 Subject: New Parkland Dedication By-law, and Stratified Parks and Privately-Owned and Publicly Accessible Spaces Guidelines Page 8 Question / Comment Response 7.1.3 Parks need to be kept local, so you don’t need to drive to a playground or a nice green space. As a first priority, the City will seek to acquire parkland in the same area where development is occurring. This may be on the same property or nearby (generally within 500 metres of the new development). 7.2 Comments Received from the Development Industry Question / Comment Response 7.2.1 Consider exempting modest commercial gross floor area within mixed-use developments (stores and services at the bottom of apartment buildings) from providing parkland to encourage this form of development. The draft Parkland Dedication By-law includes a parkland exemption for up to 200 square metres of new or additional commercial and industrial development. For consistency, this would also apply to the creation of the first 200 square metres of retail and services within mixed-use buildings. 7.2.2 Consider providing a 100 percent credit towards parkland requirements for the dedication of natural heritage features, floodplains, and other encumbered lands. Lands that the City receives from parkland dedication need to be able to be developed and programmed for both active and passive recreational uses. This requires that the lands be relatively flat, accessible from a public street, and free of anything that would prevent development. Natural heritage features (i.e. forests, creeks, wetlands, etc.) provide a valuable ecological function and are not suitable places for active parkland that contain playgrounds, community gardens, and/or sports fields. Similarly, the hydrological function of floodplains renders them unsuitable as parkland due to their seasonality and the potential risks they represent. 7.2.3 Consider permitting strata parks and POPS within natural heritage features and other encumbered lands. As mentioned above, it is inappropriate for parkland to be located within natural heritage features and other areas with natural constraints. PLN 27-24 November 4, 2024 Subject: New Parkland Dedication By-law, and Stratified Parks and Privately-Owned and Publicly Accessible Spaces Guidelines Page 9 Question / Comment Response 7.2.4 Ensure that exemptions for affordable housing encompass all forms, including Habitat for Humanity and other not- for-profit housing providers. The exemptions in the Parkland Dedication By-law will be tied to the criteria in the Planning Act. Based on staff’s analysis, Habitat for Humanity would continue to qualify for exemptions. 7.2.5 When the difference between two appraisals is greater than 30 percent, the final decision on the appraisal should go to arbitration. If Staff believe that a property appraisal is too low, they may choose to have an appraisal completed at the City’s expense. It is unlikely that the developer’s and the City’s independent appraisals will differ by more than 30 percent. Therefore, the proposed Parkland Dedication By-law states that if the City’s and the Developer’s appraisals differ by more than 30 percent, the City will accept the higher appraisal. This policy will help ensure that the appraisals submitted by developers are fair and reasonable and does not further delay the process by pursuing arbitration. 7.2.6 The guidelines state that strata parks should be a minimum of 0.2 of a hectare in size would mean that they could only be used on properties that measure a minimum of 1.7 hectares in size. The minimum size of Strata Parks should be smaller so that they can be used on smaller properties. It will be the City’s priority to acquire traditional parkland. In circumstances where traditional parkland cannot be achieved the City may consider strata parks. Since strata parks will be owned by the City, they must be large enough to provide and maintain programming space suitable for a City park. 7.2.7 The guidelines state that 25 percent of POPS should be compromised of vegetation. This seems overly high. Flexibility is needed to ensure that the design of POPS can accommodate diverse community needs. High-density developments, that would be considered for POPS, are also required to provide a minimum amount of private outdoor amenity space. This amenity space is commonly provided through rooftop patios. There will already be plenty of opportunities for hard surfaces in those amenity areas. Therefore, it is important that ground level POPS include a reasonable amount of vegetation to provide texture, shade, and interest that are attractive and inviting to the public. PLN 27-24 November 4, 2024 Subject: New Parkland Dedication By-law, and Stratified Parks and Privately-Owned and Publicly Accessible Spaces Guidelines Page 10 8. Next Steps The policies in the Pickering Official Plan reflect the City’s ability to collect parkland using both a percentage of land, or the alternative rates, outlined in the Planning Act, prior to the passing of Bill 23. Minor amendments to the text of the Official Plan are required to reflect the new Planning Act provisions for the percentage of land for park purposes and alternative rates, as well as the new caps on parkland and alternative rates based on property size. These amendments will be processed as part of a broader housekeeping official plan amendment currently under preparation. 9. Conclusion Due to the anticipated parkland deficit that the City is expected to face, it is recommended that the City prioritize acquiring land for park purposes, rather than accepting cash-in-lieu, as a condition of development approvals. The City will request payment-in-lieu of parkland when the lands that would be provided are too small, or isolated, to serve as effective parkland. In cases where the City accepts strata parks and POPS as part of the development’s park and recreational strategy, a discounted parkland credit will be applied. It is recommended that Council enact the new Parkland Dedication By-law, as set out in Appendix I to Report PLN 27-24, and repeal the existing Conveyance of Land for Park or Other Public Recreational Purposes (By-law 7955/22). This repeal will take effect once the new Parkland Dedication By-law comes into full force and effect. Furthermore, it is recommended that Council endorse the new Stratified Parks and Privately-Owned and Publicly Accessible Spaces Guidelines, as set out in Appendix II to Report PLN 27-24. Appendices: Appendix I Proposed Parkland Dedication By-law Appendix II Proposed Stratified Parks and Privately-Owned and Publicly Accessible Spaces Guidelines PLN 27-24 November 4, 2024 Subject: New Parkland Dedication By-law, and Stratified Parks and Privately-Owned and Publicly Accessible Spaces Guidelines Page 11 Prepared By: Original Signed By Paul Wirch, RPP Principal Planner, Policy Original Signed By Nilesh Surti, MCIP, RPP Division Head, Development Review & Urban Design Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO PW:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer Appendix I to Report PLN 27-24 Proposed Parkland Dedication By-law The Corporation of the City of Pickering By-law No. XXXX/24 Being a By-law to require the conveyance of land for park or other public recreational purposes as a condition of development or redevelopment, or the subdivision of lands. Whereas Sections 42, 51(25), 51.1, and 53 of the Planning Act, R.S.O. 1990, chapter P.13, provide that the Council of a local municipality may by by-law require that land be conveyed to the municipality for park or other public recreational purposes as a condition of development or redevelopment or the subdivision of lands; Whereas Sections 42 and 51.1 of the Planning Act, R.S.O. 1990, chapter P.13, provide for an alternate parkland rate for residential purposes of one hectare for each 600 dwelling units proposed for development provided the municipality has an official plan that contains specific policies dealing with the provision of lands for park or other public recreational purposes at such a rate; Whereas Sections 42 and 51.1 of the Planning Act, R.S.O. 1990, chapter P.13, provide that, for the alternative requirement, municipalities shall not require a conveyance or payment in lieu that is greater than, a. in the case of land proposed for development or redevelopment that is five hectares or less in area, 10 percent of the land or the value of the land, as the case may be; and b. in the case of land proposed for development or redevelopment that is greater than five hectares in area, 15 percent of the land or the value of the land; Whereas Sections 42 and 51.1 of the Planning Act, R.S.O. 1990, chapter P.13, provide that municipalities may request payment in lieu of land for park or other public recreational purposes at a rate of one hectare for each 1,000 dwelling units proposed for development provided the municipality has an official plan that contains specific policies dealing with the provision of lands for park or other public recreational purposes at such a rate; and Whereas the use of an alternate parkland rate for conveyance (1 hectare: 600 dwelling units) and an alternate rate for payment in lieu (1 hectare: 1,000 dwelling units) will provide the City with increased versatility in providing parkland that efficiently serves the needs of the community; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: Definitions 1. This By-law may be cited as the Parkland Dedication By-law. 2. For the purposes of interpretation of this By-law, the following definitions shall apply: By-law No. XXXX/24 Page 2 a. “Development” means the construction, erection or placing or one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof; b. “Dwelling Unit” means a residential unit that: i. consists of a self-contained set of rooms located in a building or structure; ii. is used or intended for use as a residential premises; iii. contains kitchen and bathroom facilities that are intended for the use of the unit only; and iv. is not a mobile home or any vehicle; c. “Gross Floor Area (GFA)” means the aggregate of the area of each floor whether located above, at or below grade, measured between the exterior faces of the exterior walls of the building at each floor level but excluding any porch, veranda, cellar, mechanical room or penthouse, or areas dedicated to parking within the building. For the purposes of this definition, the walls of an inner court shall be deemed to be exterior walls; d. “Institutional Uses” means the use of land, structure, or building by: i. a not for profit or not for gain organization, group, or association to be used for religious, charitable, educational, benevolent, or welfare purposes; ii. a registered long-term care home; or iii. any municipality, the Government of Ontario, the Government of Canada or any local board, as such term is defined in the Municipal Affairs Act, R.S.O. 1990, c. M.46, as amended. e. “Privately-Owned Publicly Accessible Space” means physical space that is privately-owned, but appears and functions as public space. These spaces are secured through an easement in favour of the City, are designed and maintained to the standards established by the City, and remain open and accessible to the public or according to a schedule established by agreement with the City; f. “Redevelopment” has the same meaning of Development; g. “Strata Park” means publicly-owned parkland located on top of buildings or structures, including but not limited to parking garages. The term ‘strata’ in this context refers to the horizontal delineation of ownership, as described in the Ontario Condominium Act; h. “Subdivision” means the process referred to in Section 50 of the Planning Act, R.S.O. 1990, chapter P.13. Lands Affected by By-law 3. This By-law shall apply to the whole of the City of Pickering. By-law No. XXXX/24 Page 3 Where By-law Does Not Apply The provisions of this By-law do not apply to: 4. Development or redevelopment where the proposed principal use of the land is for Institutional Uses. 5. The affordable housing and attainable housing residential units, as defined in subsection 4.1(1) of the Development Charges Act, 1997, or residential units described in subsection 4.3(2) of that Act, of any development or redevelopment, as provided for in the Planning Act. 6. Replacement of any building which was razed by fire, by an accidental cause or by an act of God, provided that in the case of a building used for non-residential purposes, the size of the replacement building does not exceed the total gross floor area of the prior building which was destroyed. 7. Additions or interior alterations to existing buildings used for residential purposes provided there is no increase in the existing number of dwelling units except for additional dwelling units. 8. Commercial and industrial development or redevelopment that results in an increase of gross floor area of 200 square metres or less. 9. Construction of a building to be used for residential purposes where there previously existed a building on the same land that was used for residential purposes and that previous building was demolished, provided that the total number of dwelling units to be constructed does not exceed the total number of dwelling units that previously existed on the land except for additional dwelling units. Residential Rates 10. As a condition of development or redevelopment of lands for any purpose other than commercial or industrial purposes, including the subdivision of land, up to five percent of the land shall be conveyed to the City, free and clear of all liens and encumbrances, for park or other public recreational purposes. 11. The City, at its sole discretion, may require an equivalent payment in lieu of a portion, or all, the land otherwise to be conveyed under this By-law. 12. In the case of Consents, the Applicant may choose to apply a per-lot-fee for payment in lieu of parkland, as listed in the current Council adopted User Fee By-law, or obtain an appraisal. 13. Where it would result in a greater amount of parkland conveyance, the Council shall require that land be conveyed for park or other public recreational purposes at the alternative rate of one hectare for each 600 dwelling units proposed. 14. As an alternative to Sections 10 and 13 above, the Council, at its sole discretion, may require a payment in lieu of a portion, or all, the land otherwise to be conveyed under this By-law, calculated by using a rate of one hectare for each 1,000 dwelling units proposed. By-law No. XXXX/24 Page 4 15. In all instances where the alternative rate for conveyance or payment has been used, the maximum amount will be capped at: a. 10 percent for properties measuring five hectares or less; and b. 15 percent for properties measuring greater than five hectares. Commercial and Industrial Rates 16. As a condition of development or redevelopment of lands for commercial or industrial purposes, including the subdivision of land, the City shall require that up to two percent of the land be conveyed to the City, free and clear of all liens and encumbrances, for park or other public recreational purposes. 17. As an alternative to Section 16 above, the Council, at its sole discretion, may require a payment in lieu of a portion, or all, the land otherwise to be conveyed under this By-law. Mixed Use Developments 18. In the case of land proposed for development or redevelopment for more than one use, parkland shall be conveyed at the combined rate applicable to each proposed use of the land. Council shall apply the rate that results in the greater amount of parkland conveyance. a. (GFA for Residential Uses/GFA for All Uses) x 5% x Gross Land Area Plus b. (GFA for Non-Residential Uses/GFA for All Uses) x 2% x Gross Land Area Or c. Number of Dwelling Units divided by 600 x 1 hectare Plus d. (GFA for Non-Residential Uses/GFA for All Uses) x 2% x Gross Land Area Lands Not Accepted for Conveyance 19. Land to be conveyed must be in a location that is acceptable to the City with frontage onto an open and maintained municipal road. 20. Conveyance of environmental and open space lands shall not be accepted or considered as a conveyance of lands for a park or for other public recreational purposes. These lands include: • required for drainage; • stormwater management facilities; • valley and stream corridor or shoreline protection purposes; • lands susceptible to flooding; By-law No. XXXX/24 Page 5 • steep valley slopes and hazard lands; • lands required to be conveyed to a public agency other than the City of Pickering; • environmentally sensitive areas or lands, including wetlands and woodlands; • areas of natural and scientific interest; • portion of a property containing a cultural landscape that is designated to be of cultural value or interest pursuant to Part IV of the Ontario Heritage Act lands required for buffer purposes; • lands that are deemed to be contaminated; and • other lands unsuitable for park development. Redevelopment of Lands 21. Where land has previously been conveyed to the City for park or other public recreational purposes, or a payment in lieu of such conveyance has been received by the City, under section 42 of the Planning Act or a condition imposed under section 51.1 or 53 of the Planning Act, no additional conveyance or payment shall be required under this By-law unless: a. there is a change in the proposed development or redevelopment, which would increase the density of development; or b. land originally proposed for development or redevelopment for Commercial or Industrial Uses is now proposed for development or redevelopment for Residential Use. In those instances, the extent of increased density or redevelopment to residential use shall be subject to the requirements of this By-law. Phased Development 22. For development or redevelopment for which approvals are issued in phases: a. Whenever possible, the City shall acquire all parkland conveyances in Phase 1; and b. At a minimum, the City shall require the proportional conveyance of land for park purposes or the payment-in-lieu, at the time of approval for each phase. 23. Where the Council deems it appropriate to acquire parkland in a later phase of development, the Council shall require the developer to enter into an agreement specifying the amount, location and timing of parkland conveyance. Additionally, the developer must provide securities acceptable to the City, sufficient to ensure the parkland is provided in the future. Payment Instead of Conveyance 24. In lieu of the conveyance of land under this By-law, Council may require the payment of money to the value of the land otherwise required to be conveyed under this By-law, or a combination of land and money. 25. The value of the land shall be determined by a fair market value appraisal prepared, at the expense of the Proponent, by a qualified professional appraiser of real estate. All appraisals obtained pursuant to this By-law shall state the criteria used to determine the By-law No. XXXX/24 Page 6 value within the appraisal and shall be satisfactory to the City. An appraisal shall remain current for two years from the date of the appraisal. 26. In the case of the subdivision of land, the value of the land shall be determined as of the day before the approval of the draft plan of subdivision. 27. In the case of development or redevelopment, the value of the land shall be determined as of the day before the first permit is issued. 28. The City reserves the right to have the appraisal peer reviewed. The cost of the peer review will be borne by the City. a. Where the difference in appraisal estimates is less than 10 percent, the lower appraisal estimate will be used to determine the value. b. Where the difference in appraisal estimates is between 10 percent to 30 percent, the mean average of the two appraisals will be used to determine the value. c. Where the difference in appraisal estimates is greater than 30 percent, the higher appraisal will be used to determine the value. 29. All payments of money in lieu of the conveyance of land shall be made prior to the issuance of a building permit for the land to be developed or redeveloped. Parkland Credits 30. Notwithstanding Section 10 and 16, where Council deems it appropriate to accept a Strata Park that is to be owned by the City, the land provided by the Strata Park shall be applied as an 80 percent credit towards the parkland requirements. This credit considers this type of parkland’s inherent use limitations. For clarity, the 80 percent credit described in this section only applies where Strata Parks are not Privately-Owned and Publicly Accessible Spaces. 31. Where a Privately-Owned and Publicly Accessible Space is designed and secured through a public easement for public uses, such uses shall be applied as a 50 percent credit towards the parkland requirements. This credit reflects the fact that these lands are not under the control of the City, which will restrict the ability of the City to design, program, manage, and maintain the space as it wants over time. General 32. All lands conveyed to the City shall be on, or within 500 metres direct walking distance of, the property that is subject to the development approval. The City, at its discretion, may waive the 500 metres requirement if the parkland to be provided is part of a broader parkland strategy that has been established through a neighbourhood plan or other comprehensive planning processes. 33. All lands conveyed to the City under this By-law shall be in a condition satisfactory to the City. The City may request a Record of Site Condition pursuant to the Environmental Protection Act. At a minimum, a Phase 1 Environmental Site Assessment will be required that meets the requirements of Ontario Regulation 153/04 pursuant to the Environmental Protection Act, R.S.O. 1990, c. E.19, for the use of the land as a public park. By-law No. XXXX/24 Page 7 34. This By-law shall at all times be subject to the provisions of the Planning Act, R.S.O. 1990, chapter P.13, as amended from time-to-time, or any successor thereto. 35. By-law 7955/22 of The Corporation of the City of Pickering being a by-law “To require that land be conveyed to the City for park or other public recreational purposes as a condition of development or redevelopment, or the subdivision of lands” is hereby repealed on the day that the new Parkland Dedication By-law comes into full force and effect. By-law passed this XX day of XXX, 2024. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk Appendix II to Report PLN 27-24 Proposed Stratified Parks and Privately-Owned and Publicly Accessible Spaces Guidelines City of Pickering Council Adopted Guidelines November 25, 2024 Resolution #xxx/24 Page 1 of 5 City of Pickering Stratified Parks and Privately-Owned and Publicly Accessible Spaces Guidelines Stratified (Strata) Parks Lands owned and maintained by the City for parkland or other recreational purposes. These spaces may be encumbered due to being located on top of privately-owned structures, such as parking garages and stormwater facilities. Location Strata parks shall have a minimum of 15 metres of frontage onto an open and maintained municipal road. Where one strata park is designed to directly abut a strata park on an adjoining property, the City may consider modifying the minimum frontage requirements. Strata parks should be of a similar grade to the abutting public right of way, making them fully accessible to all users. Where possible, strata parks should front onto open municipal roads to the south and/or west to maximize access to sunlight. In areas subject to shadows from tall buildings, strata parks should provide a minimum of five consecutive hours of sunlight during the course of the day. The strata limit of the park is generally 200 millimetres above the top grate of the private structure's roof. Strata parks shall be setback a minimum of 3 metres from all buildings and drive-aisles to accommodate any encroachments such as balconies, canopies, doors and snow storage. Size Strata parks shall be a minimum of 2,000 square metres in size. Where one strata park is designed to directly abut a strata park on an adjoining property, each strata park must still meet the minimum size requirements. Alternatively, the combined park requirements for both sites may be accommodated on the first site to be developed. Design and Construction The Owner will prepare a Facility Fit Plan, in consultation with Pickering’s Manager, Landscape & Parks Development, that will describe how the space will function, including the community programming proposed for the space. City of Pickering Council Adopted Guidelines November 25, 2024 Resolution #xxx/24 Page 2 of 5 The Owner will retain a qualified landscape architect to design the strata park in accordance with City standards, to the satisfaction of the Director, Engineering Services and the Director, Operations. The Owner is responsible for all costs associated with preparing the required plans. The Owner is responsible for the construction and installation of the strata park. All construction shall be subject to review and approval to the satisfaction of the Director, Engineering Services. Structural certification for support of the park shall be provided and appropriate insurance posted. Structural certification and insurance shall be in a form and amount acceptable to the City. The Owner is responsible for all costs associated with the construction of the strata park, including all landscaping, structures, play equipment, and surfacing. The Owner shall provide securities for the full construction of the park. Securities will be released upon completion of the strata park and final inspection by the City. The City will credit the Owner for the portion of the park construction costs that are already included in the City’s Development Charge Background Study. Maintenance Except for emergency repairs, any park closures due to scheduled maintenance above or below ground shall be posted along each park frontage at least seven days before the closure. Advance notice of the closure must also be given in writing to the Director, Engineering Services. The notice of closure must include the date of closure, a description of the proposed work, the length of time to complete the work and an inventory of all existing landscape, furniture, signs, and infrastructure items within the park. All landscaping, furniture, and other park equipment must be fully replaced within four months of the completion of any repairs and/or maintenance. The cost and coordination of the replacements will be the responsibility of the owner/condominium board. Extensions beyond the four month replacement period must be requested in writing from the Director, Engineering Services. The condominium declaration shall include provisions advising the unit owners of the condominium corporations that the strata park is owned and maintained by the City of Pickering. The condominium declaration shall include provisions advising the unit owners of the condominium corporation's responsibilities should there be any damage and repair to the private structure beneath the strata park. In that instance, the corporation is responsible for all costs associated with the repair and/or reconstruction of the strata park, to the satisfaction of the Director, Engineering Services. City of Pickering Council Adopted Guidelines November 25, 2024 Resolution #xxx/24 Page 3 of 5 Privately-Owned and Publicly Accessible Spaces (POPS) Lands in private ownership that permit public use. These spaces are furnished, programmed and maintained by the private owner/condominium corporation for public parkland or other recreational purposes. These guidelines shall apply to POPS located throughout Pickering. If other guidelines for POPS exist for a specific area of the city, the more geographically specific guidelines will prevail over these city-wide guidelines. Location POPS shall have a minimum of 15 metres of frontage onto an open and maintained municipal road. Where possible, POPS should front onto open municipal roads to the south and/or west to maximize access to sunlight. In areas subject to shadows from tall buildings, POPS should provide a minimum of five consecutive hours of sunlight during the course of the day. Size POPS shall measure a minimum of 750 square metres in size. Where one POPS is designed to directly abut a POPS on an adjoining property, each POPS must still meet the minimum size requirements. Layout and Design Unless otherwise agreed to by the City: • POPS must be at grade with the surrounding properties and have accessible access to/from the adjacent public streets, parks or other public spaces. • POPS should face mostly south and/or mostly west. • A minimum of 25 percent of the POPS area shall be comprised of vegetation and planted material. The layout, design, landscaping, and furnishings of the POPS shall be approved by the Director, Engineering Services. Any future changes to the POPS area shall be reviewed and approved by the Director, Engineering Services. All POPS shall include signage of sufficient size and design at each entry point, identifying them as publicly accessible. These signs must be approved by the Director, Engineering Services. City of Pickering Council Adopted Guidelines November 25, 2024 Resolution #xxx/24 Page 4 of 5 Legal Creation and Obligations Prior to the registration of the draft plan of condominium, the owner shall register an easement, in favour of the City, over the POPS area to permit public access to the park space in accordance with the times listed in the City’s Park Use By-law. Within the condominium declaration, maintenance obligations for the POPS must be clearly defined. In addition, any alterations to the POPS shall require the approval of the Director, Engineering Services. The owner shall be responsible for all costs associated with the design and construction of the POPS area, including all landscaping, seating, structures, play equipment, and surfacing, and shall complete such construction to the satisfaction of the Director, Engineering Services. The condominium declaration shall include provisions that the condominium corporation is fully responsible for the perpetual maintenance of the POPS area and shall state that the POPS area shall remain accessible to the public in accordance with the times listed in the City’s Park Use By-law. The condominium declaration shall include provisions requiring that the condominium corporation shall be responsible for having any playground equipment inspected regularly (a minimum of once a year) to ensure that it remains in compliance with the requirements of the Canadian Standards Association (CSA). The condominium declaration shall include provisions to permit City staff to inspect the POPS area, without prior notice, to ensure that the landscaping, seating, structures, play equipment, and surfacing are being maintained as required by the development approval. Any issues identified by the City will be presented to the condominium corporation, which will be required to promptly rectify the deficiencies at its own expense. The condominium corporation’s reserve fund must include appropriate funds for the ongoing maintenance of the POPS area and the future replacement of the landscaping, seating, structures, play equipment, and surfacing. The owner shall provide a letter of credit, as part of the site plan agreement, to secure the construction of the POPS area, including the landscaping, seating, structures, play equipment, and surfacing. Park Installation Construction and installation of POPS shall occur within six months of the granting of occupancy for the first residential unit. Insurance must be provided, in a form and amount acceptable to the City, that indemnifies the City from all liability of those using the POPS. City of Pickering Council Adopted Guidelines November 25, 2024 Resolution #xxx/24 Page 5 of 5 Maintenance Except for emergency repairs, any POPS closures due to scheduled maintenance above or below ground shall be posted along each frontage a minimum of seven days in advance of the closure. Advance notice of the closure must also be given in writing to the Director, Engineering Services. The notice of closure must include the date of closure, a description of the proposed work, the length of time to complete the work, and an inventory of all existing landscape, furniture, signs, and infrastructure items within the park. Any landscaping, street furniture, or other park equipment must be fully replaced within four months of the completion of any repairs and/or maintenance. The cost and coordination of the replacements will be the responsibility of the owner/condominium board. Extensions beyond the four month replacement period must be requested in writing from the Director, Engineering Services.