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Bruce Trail Conservancy requests waiver of cash in lieu of park land

March 7, 2024   ·   0 Comments

By JAMES MATTHEWS, LOCAL JOURNALISM INITIATIVE REPORTER

It’s absurd for Mono to ask a group for cash in lieu of dedicated municipal park space when that group has created what is essentially park space for residents.

That’s the opinion of Mayor John Creelman.

But, then again, there’s a municipal bylaw that says otherwise. And the town needs money in these tight economic times.

So what do you do?

The Bruce Trail Conservancy (BTC) requested during council’s Feb. 27 meeting a waiver of cash in lieu of park land related to a pair of consent applications that were approved on Jan. 25 by Mono’s committee of adjustment.

The purpose and effect of both applications is to sever land with existing houses, which the BTC intends to sell to recoup funds that helped secure the two nature reserves and sections of the Bruce Trail that run through them.

“Severing and selling the houses will not only alleviate the financial burden of the BTC carrying the dwellings, it will also allow the town to maintain its housing stock and tax base,” Antoin Diamond, vice-president of land acquisition at the BTC, wrote in a letter to council.

The committee approved the severances with a number of conditions. One was the payment of a park land levy in an amount equivalent to five per cent of the appraised land value for the approved lot.

That payment was to be pursuant to the Planning Act, at the satisfaction of the town’s director of planning, unless it is demonstrated that Condition 7 does not apply to the BTC.

In his letter, Diamond said Condition 7 does not apply and he requested it be waived.

The legislation’s cash-in-lieu-of-park land provision provides municipalities with the authority to request a dedication of park land or cash in lieu of land as a condition of development.

There are exceptions for non-profit housing development and others.

“It is important to highlight that this provision is discretionary in that the Planning Act says ‘may’ rather than ‘shall’ request such a dedication,” Diamond said. “The rationale behind the provision is that as development increases so will the population, and with that the need for outdoor recreational amenities.”

The approved severances do not create new lots for development but rather two undevelopable nature reserves comprising a combined total of 240 acres and more than three kilometres of public trail.

The assumption is that, as more development occurs, the demand for park land and trails increases. Diamond said that doesn’t apply when parkland containing public trails is being created. The benefit of approving these types of severances is that parkland is created and maintained at no expense to Mono taxpayers.

Councillor Ralph Manktelow said that there is a park land being produced. He said he’s walked the area in question and it’s accessible to the public.

“In doing this severance, there should not need to be a payment in lieu of park land because they’re creating additional land that can be used as park land by the Town of Mono,” Manktelow said.

Coun. Elaine Capes said the BTC is saving more land and greenery to benefit the climate. The land severance is of benefit to Mono residents and people who come from outside to hike the trails.

Coun. Melinda Davie said she wasn’t quite as clear on the issue as her colleagues. The Bruce Trail isn’t a municipal park and, she said, it isn’t open to all users as a municipal park would be.

Further, she said, the municipality needs money.

“Clearly, the conservancy has funds to have purchased these large properties,” Davie said. “I know I couldn’t have purchased them. So the rules are the rules and I’m not clear on why it’s to be waived.”

“I think there is some debate about discretion here,” Creelman said.

The town has a park land dedication bylaw that does not leave much room for discretion. But a committee of the town decided a course with stipulations.

“This is sort of a unique situation,” Creelman said. “And it’s almost Kafkaesque, in my view, to say that after an entity is creating the equivalent of park land, that it is not a private club, Bruce Trail members use it, but then ordinary members of the public can use it.”

He likened having public access to the trail lands as the town demands dedicated park land to be akin to double-dipping. He said it’s absurd to demand park land from a group that’s creating “so much open space” for residents.

Fred Simpson, the town’s clerk, said there’s a municipal bylaw on the books that clearly demands payment, even though the Planning Act says only that it may demand payment.

“The bylaw appears to be written very, very clear,” Simpson said. “And it says that the committee (of adjustment) shall apply this fee.”

Then again, council has the option to amend its own bylaws, he said.

Creelman said council isn’t the deciding voice when it comes to a land severance. That’s the committee of adjustment with the loudest voice, he said.

“Our sole course of action is to take our own committee to the Ontario Land Tribunal,” Creelman said. “I’d like to avoid that, but I am deeply disappointed that the committee didn’t have the presence of mind to step back and ask whether or not it’s an absurdity to require a park land dedication when an organization is, in effect, creating park land.”

Simpson said council can amend its bylaw to give the committee discretion and then the BTC can lobby the committee to remove the absurd condition.

“So I think council does have a route ahead if they wish to waive not just this but any time there is a similar situation,” Simpson said.

He suggested the bylaw be amended to include wiggle room to consider waivers similar to what’s asked by the BTC.

Michael McDonald, the CEO of the BTC, said the group is a charitable organization that raises funds privately and creates park spaces for all people to enjoy.

“It’s free public access,” he said.

“Thank you for explaining that you’re a charity,” said Davie. “But a charity is not a municipality. It just, it isn’t.”

She said there are no parking lots on Bruce Trail properties. And Mono has a problematic parking issue.

“You use our parking lots,” she said. “And then we have complaints about our parking.”

Council directed staff to write changes to municipal legislation to be brought back to council for consideration.

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