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06 10 2004 Rec Tech Agenda ORO-MEDONTE RECREATION TECHNICAL SUPPORT GROUP AGENDA 7:00 p.m. Thursday June 10, 2004 @ th Oro-Medonte Administration Centre 1. Adoption of Agenda. 2. Disclosure of Pecuniary Interest and General Nature Thereof – In Accordance with the Act. 3. Adoption of Minutes from the previous Recreation Technical Support Group Meeting. (a) May 13, 2004 th 4. Deputations: Nil. 5. Unfinished Business: (a)Discussion with respect to the Proposed Update to Parkland Dedication Policy. (b)Ice Rental Contract/Agreement for Regular User Groups. 6. Correspondence: Nil. 7. Co-ordinator’s Monthly Report: (a) Update re: 2004 Capital Projects. 8. Other Business (Information or request for future information): 9. Questions: 10. Adjournment: th Next Meeting: Thursday September 9, 2004 @ 7:00pm ~ 6~ .,("( . '\', r . . (\" i{ .~:c:f \ r ~. '. , , TOWNSHIP OF ORO-MEDONTE REPORT Council Prepared By: Chris D. Jones, RPP Meridian Planning Consultants Dept. Report No. To: Council Subject: Proposed Update to Parkland Dedication Policy Department: Planning Motion # Date: Ma 19, 2004 R.M. File #: C.ofW. Date: RolI#: I BACKGROUND: ~ . December of 2003, Township Department Heads were consulted by the Planning Department with respect to _ Township's current parkland dedication policy. Specifically, comments were requested on whether the current policy should be updated pursuant to the Planning Act to secure lands and or appropriate funds through the parkland dedication and cash-in-lieu process. The intent would be to ensure that new development paid an appropriate share of the cost of parkland development. OP A #17, which was adopted by Council in August 2003 indicates that Council shall enact a Parkland Dedication By-law that establishes the rate of parkland dedication in the Township. Consensus amongst senior staff was that the current policy is antiquated and consideration should be given to updating parkland dedication requirements in the Township. On this basis, this report has been prepared to provide Council with direction and a recommendation on this issue. I HOW PARKLAND OR CASH-IN-LIEU MAY BE OBTAINED UNDER THE PLANNING ACT: There are two sections in the Planning Act that authorize a municipality to obtain Jrr..arkltd or ~tsh-in-Iieu of parkland. A summary of these sections is provided below: ~-<!,J) t..,4\ ? t;~~~ ~( ~t\ ~.J ~l\ Section 42 /~ '" ri: if~bf., ~f' \(\ ~ ) 'Jr' ~~\r 'i-.~~'T ,,'. _ ;Y \"T ~ "D\l ~ J if ~ ~\ii ... . Section 42(1) of the Act allows a municipality to collect 5% of land or cash-in-lieu whe're land is proposed for development or redevelopment. . . Sub-section (1) also requires the municipality to pass a by-law to enact the cash-in-Iieu parkland dedication requirement permitted under Section 42. . Sub-section (6) specifies that the cash-in-Iieu value is determined by assessing the value of the lot on the dav before a buildinq oermit is issued. This Sub-section also specifies that if multiple permits are required (i.e. a i. (Section 42 or 51.1) may be used to taken against the City of Mississauga for / luttl~[o . . Section 51.1 (1) of the Act allows a municipality to collect 5% of land or cash-in-Iieu where land is proposed to be subdivided by Plan of Subdivision or by consent to sever. Section 51.1 . Sub-section 4) specifies that value is determined by assessing the value of the lot on the dav before provisional consent or draft approval is oranted. This means that cash-in-Iieu fees would be paid, in the case of a severance, as a condition of provisional consent, and in a plan of subdivision, as a condition of draft approval, prior to registration. WHAT'S THE DIFFERENCE BETWEEN SECTION 42 AND 51.1? . The key difference between the two sections is the method used to determine value. Clearly, the value of land _;1 prior to obtaining a building permit is much higher than the value of raw land prior to draft app~oval or JI.fJ' ~ j provIsional consent. Ali..1l.~, {~O~ S~ (,< "'~I ;:f\~-'iP"" .. ,I('~ .r~ For example - if the Township permits the severance of a 1 hectare lot from a 40 hectare rural parcel, under \I' ~ll II I, Section 51.1, the applicant would be required to pay 5% of 1/401h of the value of the entire parcel. This means WI" t;4~. that if the 40 hectare holding has an appraised value of $275,000, 1 hectare has a value of $6,875 and the . \.\ cash-in-Iieu payment would be 5% of $6,875 or $343.75. !J" . . . Under Section 42, the 5% is applied to the value of the 1.0 hectare building lot on the day before the building permit is issued. Therefore if the value of the building lot is $45,000, the required parkland dedication would be $2,250. . In summary, using Section 42 would net $2,250, while the Section 51.1 method would net $343.75 on the same rural residential lot. ~ CURRENT POLICY I In the consent granting process, the Township currently requires a standard payment of $500 for each new residential lot in accordance with By-law 94-44, if actual parkland is not dedicated. This is essentially a modified approach to Section 51.1 of the Planning Act. 1\ In the approval of Plans of Subdivision, where land is not requir~ for parkland purposes, the Township also uses the approach under Section 51.1 and requires cash-in-lieu, which is determined as 5% of the appraised value of the raw land on the day before draft plan approval was granted. \.I~ ...r~ \ 'f'. ... '" ~"f' k \') \~ ~-' \X M~"~ \.>',(, . 2 . POLICIES USED BY OTHER MUNICIPALITIES .I.e have canvassed a number of municipalities to determine how parkland dedication is managed across the County in the consent granting process. The following provides a summary of a number of approaches to dealing with the issue: . The Townships of Essa and Severn do not require cash-in-lieu of parkland for the creation of new lots by severance. . The Township of Springwater charges $700 for each new lot created. . The Township of Clearview charges a fee of $200 for a rural lot and $300 for a lot in an urban area. . The Townships of Tiny and Tay require payment of 5% of the appraised value of the lot, with such value derived on the day before Provisional Consent is granted. . The City of Orillia charges the greater of a flat fee of $2,000 per lot or $40 per foot of frontage on any new residential lot created by severance. . The City of Barrie charges a fee of 5% of the appraised value of a lot created by consent, with such value determined the day before a building permit is granted. . The Town of Midland has a similar approach to Barrie but also will allow a fee of 5% of the value of a new lot based on an authorized offer of purchase and sale. ~E OPTIONS II 1. Do nothing and leave the parkland fee at $500 for new lots created by consent and 5% land dedication or cash-in lieu for Plans of Subdivision under Section 51.1 of the Planning Act: 2. Require an appraisal to determine the value of the raw land to derive the 5% fee for both lots created by consent and subdivision in accordance with Section 51.1 of the Planning Act; ~ ~~""~~ vl' .. 3. Require an appraisal to determine the value of any new lot "prior to building permit" to derive the 5% fortoth lots created by consent and subdivision in accordance with Section 42 of the Planning Act; or, 4. Increase the parkland dedication fee under the authority of Section 42 of the Planning Act, but establish a fee that would apply to all lots created by consent or subdivision in the Township to minimize additional costs to the applicant and to simplify administration. , ANALYSIS ~ It is our opinion that Council should continue to maintain the principle that new development should be responsible for the additional services required as a result of growth. This includes the cost to supply and improve parkland. As more residents from urban areas move to the Township, there will continue to be increasing demands for high quality parkland in a variety of locations. .., addition, instead of obtaining small amounts of parkland in every development, it is anticipated that the cash-in- 'WIreu requirement will be a condition more often in the future as the Township attempts to develop larger parks in more central locations (such as Sweetwater Park). The Planning Act provides a mechanism whereby these 3 " 4~(l'''_ IF ~ ~ <~ ~(\t\lhS increasing demands can be met at the development stage, instead 01 through the taxation process. Options 3 and .<' 4 will achieve this objective, while Options 1 and 2 will not. I. order to assess the impact 01 using Section 42 01 the Act as part 01 the consent granting process, an analysis 01 . ""To"t creation by consent between 2001 and 2004 was undertaken. In this time period, there were 50 new lots created by consent in the Township. Table 1 provides a summary 01 where these lots were located, compares the amount 01 cash-in-lieu that was obtained under the Township's current requirements as well as an estimate 01 what dollar amount could have been been obtained using Section 42 01 the Planning Act to determine value: Table 1 - Comparison of Cash-in-Iieu Generated Through Current Practice and Section 42 Location Number Lots Created 19 8 23 50 Cash-in-Lieu Obtained Section 42 Estimate. SeltlemenVEstate Shoreline Rural/Ag. Area Total $9,508 $4,000 $11,500 $25,000 $87,875 $80,000 $51,750 $219,625 'Average estimated vatue for settlement lot is $92,500, shoreline tot $200,000 and rural lot is $45,000. Table 1 indicates that il cash-in-lieu were determined on the basis 01 lot value prior to building permit, the Township would have theoretically increased their parkland revenues by more than 800% between 2001 and 2003. Clearly Option 3 would provide a substantial increase in parkland revenue over the existing practice. Option 4 has been added lor consideration to provide a potential compromise between the current practice and the substantial increase represented by Option 3. Based on Table 1, it is suggested that a reasonable update to _e current lee would be $2,000. Under the Section 42 basis lor value, this would still only reflect a value 01 ~etween 2.5% and 4.5 % 01 most new residential lots in the Township. This means that the Township would not be obtaining the lull amount in all cases, but an amount that is more rellective 01 the value 01 the lot. In the case 01 Plans 01 Subdivision, it is also recommended that the same standard apply, since a dwelling unit created on a lot by consent will have the same impact on services as a lot created in a Plan 01 Subdivision or condominium. However, in the case 01 a subdivision or condominium, it is our opinion that developers be given the opportunity to retain an appraiser to determine value to lower the per 10Vunit parkland dedication. II the appraisal determines that the value per lot is less than $2,000.00 per lot and il the appraisal is accepted by the Township, then the lesser value will be paid. II the appraisal determines that the value 01 the lot is greater than $2,000.00, only $2,000.00 per lot would be paid. Given the cost 01 an appraisal and the current value 01 rural and shoreline lots, there would be no benelitto the landowner developing a lot by consent to retain an appraiser. In addition to the above, the Township 01 Oro-Medonte also has a signilicant community 01 timeshare residents. Given the qUaSi-residential/c~ercial nature 01 these types 01 lacilities, it is recommended that timeshare lacilities be subject only to th~ 2%" edication requirement, the same as lor commercial and industrial lots. In the case oltimeshares, the 2% v~e ould be applied to the combined value 01 all the units belore the first building permit is issued. With respect to new lots created by consent or subdivision lor commercial or industrial uses, it is recommended that the 2% cash-in-lieu requirement be set at $500.00, which represents 25% 01 the cash,in-Iieu amount lor residential lots. 11 ~ECOMMENDATION(S): 1. That this report be received and adopted: and, 4 2. That Council receive and adopt the attached draft By-law. .speclfully submitted, Chris D. Jones, MCIP, RPP Senior Planner Meridian Planning Consultants Reviewed by: Nick McDonald MCIP, RPP Partner Meridian Planning Consultants C.A.O. Comments: Date: C.A.O. Dept. Head . 5 l' . . . THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE By-law Number 2004- BEING A BY-LAW to require land or cash-in-lieu thereof for park or other public recreational purposes as a condition of the development or redevelopment of land. WHEREAS Section 42 of the Planning Act, R.S.O. 1990, C.P. 13, as amended allows a municipality to pass a By-law to collect cash-in-lieu of parkland on the basis of the value of a lot on the day before a building permit is issued; AND WHEREAS the Council of the Township of Ora-Medonte deems it necessary and expedient to ensure that appropriate lands be conveyed or cash-in-lieu provided for park or other recreational purposes arising from development or redevelopment; NOW THEREFORE the Municipal Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. In this by-law: "Development" means the creation of a lot in accordance with the Planning Act, R.S.O 1990, or the construction, erection or placing of one or more units in accordance with the Plan' of Condominium Act or the laying out of sites for the location of three (3) or more trailers, as defined in clause (a) of paragraph 101 of s.21 0 of the Municipal Act or of sites for the location of three (3) or more mobile homes, as defined in subsection 46(1) of the Act, or of sites for the construction, erection and location of three (3) or more land lease community homes, as defined in subsection 46(1) of the Act, and includes redevelopment; "Township" shall mean the Corporation of the Township of Oro-Medonte; 2. As a condition of development, land is required to be conveyed to the Township for park or other public recreational purposes as follows: a) In the case of lands proposed for development for commercial or industrial purposes, land in the amount of two per cent (2%) of the land to be developed; b) In the case of lands proposed for development for residential purposes, land in the amount of five per cent (5%) of the land to be developed; and, c) In the case of lands proposed to be developed for timeshare or fractional ownership purposes, at a rate of two per cent (2%) of the land to be developed. 3. In lieu of requiring the conveyances referred to in Section 2, the Township may require the payment of a fee of $2,000 for each new lot created for residential purposes pursuant to Section 53 of the Planning Act. The payment required under this Section shall be made as a condition of Provisional Consent. This amount reflects 5% of the average value of a lot before a building permit is issued. 1" .. . . 4. In the case of new lots created for residential purposes pursuant to Section 51 of the Planning Act or residential units created in accordance with the Condominium Act, and in lieu of requiring the conveyances referred to in Section 2, the Township may require the payment of a fee of $2,000.00 for each new lot/unit created for residential purposes. The payment required under this Section shall be made as a condition of Draft Plan Approval. This amount reflects 5% of the average value of a lot/unitoefore a building perr1"l1mlssued. In the alternative, the Township may accept a lesser amount per lot/unit based on the opinion of an appraiser. In no case shall the Township require more than $2,000.00 per lot/unit. 5. In the case of new lots created for industrial or commercial purposes pursuant to Sections 51 or 53 of the Planning Act and in lieu of requiring the conveyances referred to in Section 2, the Township may require the payment of a fee of $500.00 for each new lot created for i.ndustrial or commercial purposes. The payment required under this Section shall be made as a condition of Provisional Consent or Draft Plan Approval. This amount reflects 2% of the average value of a lot before a building permit is issued. 6. In the case of new units created in a timeshare or fractional ownership establishment and in lieu of requiring the conveyances referred to in Section 2, the Township may require .the payment of a fee as determined by a qualified appraiser, with such a fee equaling 2% of the combined value of the units before the first building permit is issued. In no case shall the cash-in-lieu amount exceed $800.00 per unit, which is 40% of the residential lot/unit amount. The payment required under this Section shall be made as a condition of Building Permit. 7. If land has been already been conveyed or is required to be conveyed to the Township for park or other public purposes pursuant to a subdivision agreement that was in force and effect when this By-law comes into effect, or a payment of money in lieu of such conveyance has been received by the Township or is owing to it under this by-law or as a condition already imposed under s.51.1 or 53 of the Act, no additional conveyance or payment in respect of the land subject to the earlier conveyance or payment will be required by the Township in respect of subsequent development unless: (a) There is change in the proposed development that would increase the density of development; or (b) Land originally proposed for commercial or industrial purposes is now proposed for development for other purposes. 8. Nothing herein shall prescribe or limit the Township's ability to require a combination of the conveyance of land at the standards specified or cash-in-lieu. 9. The provisions of this By-law are applicable to all lands within the corporate boundaries of the Township. 10. The provisions of this By-law shall come into force and take effect upon third reading thereof. , ,. . . READ A FIRST AND SECOND TIME THIS o_TH DAY OF JUNE, 2004. READ A THIRD TIME AND FINALLY PASSED THIS _oTH DAY OF JUNE, 2004. Mayor Clerk . . CONTRACT I AGREEMENT FOR REGULAR USERS ~- .,~ v , 1. Users will submit six (6) post dated cheques for the first day of each month, totaling the amount of $ stated on the "Permit" (attached). The post dated cheques will be attached to the contract at the time of signing and delivered on or before Friday, June 18th, 2004. Any adjustments to ice time will be made at the end of the year. NSF cheques must be replaced immediately with either a money order or certified cheque and a $20.00 fee must be added to the amount of the dishonoured cheque. Late oavments or failure to reolace NSF cheaues may result in cancellation of Your ice time. . 2. Ice rentals are based on a 50 minute hour to allow time for scraping or flooding of the ice. A GAME MAY BE CALLED AT THE DISCRETION OF THE TOWNSHIP'S ARENA PERSONNEL. 3. It is mutually agreed that in the event it becomes necessary through weather conditions, breakdowns or equipment or any other cause to cancel a scheduled event(s) in the facility, the Parks and Recreation Department will notify the authorized representative signing this contract. Every effort will be made to replace booked time which has been cancelled or a refund will be given. 4. The exchange of ice time between individual teams or organizations is not permitted without proper written permission from the Parks and Recreation Department. 5. Offices, lounge, banquet hall and other areas are to be booked separately and are not part of the facility available to users as part of the ice time rental. 'j 6. Please be advised Oro-Medonte Community Arena is a SMOKE FREE facility as designated by the Township. 7. No alcoholic beverages are allowed in the dressing rooms or any unlicensed areas. A special occasion permit may be obtained to allow alcoholic beverages in the Banquet Hall. . 8. Only Township employees are allowed on the ice surface while the ice maintenance machinery is in operation. 9. The Renter shall strictly adhere to the decisions and instructions of the Township's arena personnel. 10. Only authorized trained personnel shall be allowed to operate the Public Address System and the Scoreboard. 11. The facility is to be used only on the dates and times specified on the permit. Dressing rooms shall be vacated within forty five (45) minutes followinq the time shown on the permit. 12. If you require two dres,' Recreation Department 13. Dressing rooms wi' rented ice time 14. It is the r" The To' the ~' T" .