Notice of Passing of Amendments to the City of Oshawa Parkland Dedication By-law 63-2022
TAKE NOTICE that in accordance with Section 42(4.5) of the Planning Act, R.S.O. 1990, c. P.13, as amended, the Council of The Corporation of The City of Oshawa passed By-law 91-2022 to amend the City of Oshawa Parkland Dedication By-law 63-2022, on the 20th day of June, 2022.
The purpose and effect of Amending By-law 91-2022 is to establish City-wide alternative parkland dedication rates for the conveyance of land for park or other public recreational purposes as a condition of development or redevelopment, by introducing the following new Sections for insertion in Parkland Dedication By-law 63-2022:
“10. Notwithstanding paragraph 3, in the case of development or redevelopment of land for residential purposes, City Council may require the conveyance of land to the City for Park Purposes at a rate of one hectare for each 300 dwelling units proposed.
10.1 Notwithstanding paragraph 3 and paragraph 10, in the case of development or redevelopment of land for residential purposes, City Council may require cash-in-lieu of the conveyance of land for Park Purposes at a rate of one hectare for each 500 dwelling units proposed.
10.2 In the case of mixed commercial and residential development proposals subject to any of the rates in paragraphs 10 or 10.1, the rates shall be applied only to the residential component.
11. The rates specified in paragraph 10 and 10.1 may be applied to blocks within plans of subdivision in which these rates would yield a conveyance greater than five percent, provided such blocks are excluded from the calculation of the conveyance of land to be required in accordance with subparagraphs 3(a) and 3(b) of this by-law.”
AND TAKE NOTICE that any person may appeal to the Ontario Land Tribunal in respect of the amending by-law by filing with the Clerk of The Corporation of the City of Oshawa, not later than the 1st day of August, 2022, a notice of appeal which must set out the objection to the by-law and the reasons in support of the objection. Forms and other information respecting appeals to the Ontario Land Tribunal are available on the Ontario Land Tribunal’s website at https://olt.gov.on.ca/. The appeal must be accompanied by the Ontario Land Tribunal fee in the amount of $1,100.00 payable to the “Minister of Finance”.
Only individuals, corporations or public bodies may appeal a decision of the municipality or planning board to the Ontario Land Tribunal. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf.
No person or public body shall be added as a party to the hearing of the appeal unless, before the by-law was adopted, the person or public body made oral submissions at a public meeting or written submissions to Council or, in the opinion of the Ontario Land Tribunal, there are reasonable grounds to add the person or public body as a party.
Any written submissions made to Council and any oral submissions made at the Council meeting were considered in making this decision.
A copy of By-law 91-2022 to amend Parkland Dedication By-law 63-2022 and any background material is available to the public for inspection in the Development Services Department (8th Floor, Rundle Tower) at City Hall, 50 Centre Street South between the hours of 8:30 a.m. and 4:30 p.m., Monday to Friday.