Cash in Lieu for Parks Purposes By-law (By-law 2022-079)
Barrie, Ontario
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Bill No. 079
BY-LAW NUMBER 2022-079
A By-law of The Corporation of the City of Barrie to
require the conveyance of land for a park or other
public recreational purposes or the payment of
cash in lieu of conveyance as a condition of
development or redevelopment and to repeal By-
law 2017-073 and all amendments thereto.
WHEREAS Section 42 of the Planning Act, R.S.O. 1990, chapter P.13 as amended,
provides that the Council of a local municipality may by By-law require that land be conveyed to
the municipality for park and other public recreational purposes or require the payment of money
to the value of the land otherwise required to be conveyed as a condition of development or
redevelopment of land;
AND WHEREAS, the Council of the City of Barrie wishes to use this provision towards
parks or other public recreational purposes;
AND WHEREAS the Council of The Corporation of the City of Barrie adopted Motion 22-G-
158;
NOW THEREFORE the Council of The Corporation of the City of Barrie enacts as
follows:
Definitions
1.
That in this By-law;
"City" means The Corporation of the City of Barrie;
"Council" means the Municipal Council for the City;
"commercial purposes" means the use of the land, building or structure for the purpose
of buying and selling commodities or supplying of services as distinguished from such
uses as manufacturing or assembling of goods, warehousing and construction;
"development" means the construction, erection or placing of 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, or the laying out and
establishment of a commercial parking lot;
"dwelling unit" means a suite operated as a housekeeping unit used or intended to be
used as a domicile by 1 or more persons and usually containing cooking, eating, living,
sleeping and sanitary facilities;
"gross floor area" means the total area of all floors in a building, excepting a basement
in a residential building, measured from the outside face of the exterior walls, but
exclusive of any part of a building which is used for the storage or parking of motor
vehicles other than for the automotive purposes defined in the City of Barrie's Zoning By-
law 2009-141, or any successor thereto, for storage, stairwells, or for mechanical or
electrical equipment providing services for the entire building. In addition to the
exceptions, in calculating the gross floor area for "dwelling, apartment", the part of the
gross corridor areas which are in excess of the minimum corridor areas required under
the provisions of the Ontario Building Code and the area occupied by a recreational
amenity shall not be included;
"industrial purposes" means lands, buildings or structures or units within such buildings
or structures to be developed within an industrial zone and described in the list of uses
under the "Industrial" category set out in Section 7-2-1 of the City of Barrie's Zoning By-
law 2009-141, or any successor thereto;
"institutional purposes" means the use of the land, building or structure developed
within an institutional zone as defined or listed as such within the City of Barrie's Zoning
By-law, 2009-141, or any successor thereto, or uses defined or listed as institutional uses
within the aforesaid Zoning By-law located in other zones and shall be deemed to include
long-term care facilities;
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Bill No. 079
"Ontario Building Code" means the Building Code Act, 1992, S.O. 1992, c.23 as
amended or superseded;
"Planning Act" means the Planning Act, R.S.O. 1990, c. P.13, as amended or
superseded;
"redevelopment" means the removal of buildings or structures from land and further
development on the land, or the substantial renovation of an existing building or structure;
"residential purposes" means lands, buildings, or structures designed or intended to be
used as living accommodation for one or more individuals;
"second suite" means a second dwelling unit on the same property that is accessory
and subordinate to the principle unit, unless otherwise defined within the City of Barrie's
Zoning By-law, 2009-141, or any successor thereto.
2.
THAT this By-law applies to all land within the corporate limits of the City.
3.
(1)
THAT as a condition of development or redevelopment of land, the following is
hereby required:
(a)
In the case of land proposed for commercial or industrial purposes, the
payment of money to the value of the land otherwise required to be
conveyed under paragraph 4(1)(a);
(b)
In the case of land proposed for institutional purposes, the payment of
money to the value of the land otherwise required to be conveyed under
paragraph 4(1)(b);
(c)
In the case of land proposed for residential purposes, the payment of
money to the value of the land otherwise required to be conveyed at a
rate of one hectare for each 500 dwelling units or an amount as set out in
paragraph 3(1)(d), whichever is the greater of the two. That a dwelling
unit rate be established at $6,390 per unit and be indexed annually on
January 1 at the same rate as the City's Development Charges; and
(d)
In all other cases which are not specifically mentioned in paragraphs
3(1)(a), (b) and (c), the payment of money to the value of the land
otherwise required to be conveyed under paragraph 4(1)(d).
4.
(1)
THAT as an alternative to requiring the payment of money provided for in Section
3, as a condition of development or redevelopment of land, the City may require
that:
(a)
In the case of land proposed for commercial or industrial purposes, 2 per
cent (2%) of the land be conveyed to the City;
(b)
In the case of land proposed for institutional purposes, 5 per cent (5%) of
the land be conveyed to the City;
(c)
In the case of land proposed for residential purposes, that land be
conveyed to the municipality for park or other public recreational
purposes at a rate of one hectare for each 300 dwelling units or an
amount as set out in paragraph 4(1)(d), whichever is the greater of the
two; and
(d)
In all other cases which are not specifically mentioned in paragraphs
4(1)(a), (b) or (c), five percent (5%) of the land be conveyed to the City.
5
THAT where development is proposed on a single parcel of land for a combination of
purposes, the amounts due shall be determined proportionately based on their use at the
rates set out in Sections 3 or 4 as the case may be.
6
(1)
THAT where the City's Site Plan Control By-law enacted under Section 41 of the
Planning Act R.S.O. 1990, c. P.13 as amended, applies to the development or
redevelopment of land, then as a condition of the development or the
redevelopment of the land, the payment of money pursuant to Section 3 of this
By-law, or the conveyance of land pursuant to Section 4 of this By-law as the
case may be, shall be made prior to the approval of plans and drawings by the
Director of Planning and Building Services, or by his or her designate, under
Section 41 of the Planning Act for the land to be developed or redeveloped.
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Bill No. 079
(2)
THAT where land is not subject to the City's Site Plan Control By-law, the
payment of money pursuant to Section 3 of this By-law, or the conveyance of
land pursuant to Section 4 of this By-law as the case may be, shall be made prior
to the issuance of a building permit for the land to be developed or redeveloped.
(3)
THAT despite subsection 6(1), as an alternative the City may require that the
payment of money pursuant to Section 3 of this By-law, or the conveyance of
land pursuant to Section 4 of this By-law as the case may be, shall be made prior
to the issuance of a building permit for the land to be developed or redeveloped.
7.
(1)
THAT for the purpose of calculating the payment of money under Section 3 of
this By-law:
(a)
the value of the land shall be its market value as determined in
accordance with Section 42 of the Planning Act, R.S.O. 1990, c. P.13 as
amended; and,
(b)
all appraisals of land value shall be prepared in accordance with the
Canadian Uniform Standards of Professional Appraisal Practice of the
Appraisal Institute of Canada.
(2)
THAT notwithstanding paragraph 7(1)(a), in the case of residential development
where it is proposed to use the alternative requirement of one hectare for each
500 dwelling units, the value of the land may be calculated at such value which is
less than its market value in accordance with such formula as contained in any
policy that may be approved by Council.
8.
(1)
THAT notwithstanding Sections 3, 4 and 6 of this By-law, the conveyance of land
or the payment of money in lieu for park or other recreational purposes shall not
be required:
(a)
In respect of the construction of additions to any building if a previous
conveyance of land or payment of money in lieu was made for the land in
connection with the existing building pursuant to Sections 42, 51 or 53 of
the Planning Act, R.S.O. 1990, c. P.13, as amended unless:
(i)
There
is
a
change
in
the
proposed
development
or
redevelopment
which
would
increase
the
density
of
development; or
(ii)
Land originally proposed for development or redevelopment for
commercial or industrial purposes is now proposed for
development or redevelopment for other purposes;
(b)
In respect of an application for a building permit to replace 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 industrial purposes,
commercial purposes, and institutional purposes, the size of the
replacement building does not exceed the total gross floor area of the
prior building which was destroyed;
(c)
In respect of the carrying out of additions or interior alterations to existing
buildings used for residential purposes provided there is no increase in
the existing number of dwelling units, with the exception of a second
suite;
(d)
In respect of the construction of a building to be used for residential
purposes only 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; or
(e)
In respect of development or redevelopment on lands currently included
within the City's parkland inventory.
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Bill No. 079
(2)
THAT notwithstanding sections 3 and 4 of this By-law, the conveyance of land or
the payment of money in lieu for park or other public recreational purposes shall
be required in respect of the construction of an addition to or the replacement of
a building used for commercial purposes, industrial purposes or institutional
purposes in accordance with the following formulas as applicable:
(Previous Total GFA) - (Demolished GFA) + (New GFA) = Total New GFA
For Commercial or Industrial purposes:
(New Total GFA - Previous Total GFA) x (Total Market Value) x 2% = CIL owing
(Previous Total GFA)
For Institutional purposes:
(New Total GFA - Previous Total GFA) x (Total Market Value) x 5% = CIL owing
(Previous Total GFA)
where:
"GFA" means gross floor area as defined in the City's Zoning By-law
"Previous Total GFA" means the gross floor area of the existing building
"Demolished GFA" means the gross floor area to be demolished
"New GFA" means the gross floor area being added to the existing building
"Total Market Value" means the market value of the entire property as per Section 42 of
the Planning Act
"CIL owing" means the cash in lieu payment for parks purposes owing to the City
9.
THAT subject to subsection 6(1), the General Manager, Community and Corporate
Services and his or her designate as identified by the General Manager in writing from
time to time with such powers and authority as described by the General Manager, are
hereby delegated authority for the implementation of the requirements in this By-law and
for the administration of this By-law.
10.
THAT every person who contravenes any provision of this By-law is guilty of an offence
and on conviction is liable to pay a fine, exclusive of costs, and such other penalties, as
may be provided for or imposed under the Provincial Offences Act R.S.O. 1990, c. P.33
as amended.
11.
THAT if this By-law is contravened by any person, in addition to any other remedy and to
any penalty imposed by this By-law, the General Manager, Community and Corporate
Services or his or her designate, may instruct the City Solicitor to commence and
undertake an action against the person to restrain the contravention, or to commence
and undertake an action or application for such other remedy as may be appropriate.
12.
THAT By-law 2017-073 is hereby repealed.
13.
THAT should any section or part of the By-law be declared or determined by a court or
tribunal of competent jurisdiction to be invalid, the remainder of this By-law continue to
remain in force and effect.
14.
THAT the title of this By-law shall be the Conveyance of Land or Cash in Lieu for Parks
Purposes By-law.
15.
THAT this By-law comes into force and effect immediately upon passing thereof
READ a first and second time this 12th day of September 2022.
READ a third time and finally passed this 12th day of September 2022.
THE CORPORATION OF THE CITY OF BARRIE
"ORIGINAL SIGNED"
_________________________________
MAYOR - J.R. LEHMAN
"ORIGINAL SIGNED"
__________________________________
CITY CLERK - WENDY COOKE