Item - 2013.EX33.1

Tracking Status

  • This item was considered by Executive Committee on July 3, 2013. The Executive Committee postponed consideration of this item. Consult the text of the decision for further information on the deferral.

EX33.1 - Development Charges By-law Review

Decision Type:
ACTION
Status:
Deferred
Wards:
All

Public Notice Given

Statutory - Development Charges Act, SO 1997

Committee Decision

The Executive Committee:

 

1.         Deferred consideration of the Development Charges By-law Review to the September 24, 2013 meeting of the Executive Committee.

 

2.         Requested the Deputy City Manager and Chief Financial Officer to conduct further stakeholder consultation on a phased transition to new Development Charges, and the Development Charges background study development related capital program.

 

3.         Requested the Deputy City Manager and Chief Financial Officer to review and report on the deputations and communications received, including any recommended changes to the proposed by-law.

 

4.         Requested the Deputy City Manager and Chief Financial Officer to review whether a  stacked and back to back townhomes should be charged at the same rate as other apartment dwelling units.

 

5.         Requested the Deputy City Manager and Chief Financial Officer to review the possibility of payment by installments or other staged deferral payment of Development Charges for market rental apartments.

 

6.         Requested the Deputy City Manager and Chief Financial Officer further review the percentage of Development Charges allocated to affordable housing.

 

7.         Requested that the industry consultation include how the definition of "Apartment Unit" should be revised to explicitly include dwelling units located in stacked town homes and similar unit types.

 

8.         Requested the Deputy City Manager and Chief Financial Officer to report to the September 24, 2013 Executive Committee meeting on where growth has occurred in the City of Toronto since 1999, listed by pre-amalgamation municipal boundaries.

Decision Advice and Other Information

The Executive Committee held a statutory public meeting on July 3, 2013, and notice was given in accordance with the Development Charges Act, 1997.

Origin

(June 18, 2013) Report from the Deputy City Manager and Chief Financial Officer

Summary

The City of Toronto collects development charges from new construction to pay for a portion of net municipal growth-related capital costs.  The City’s current development charges by-law expires on April 30, 2014.  A new Development Charges Background Study has been prepared pursuant to the Development Charges Act, 1997.  The purpose of this report is to present the 2013 Development Charges Background Study and the proposed development charges by-law for consideration at a statutory public meeting. 

 

Development charges rates, as set out in the background study, are calculated on a cost recovery basis and represent the maximum charges that can be imposed.  These represent notable increases over current levels and are primarily the result of revised growth forecasts, updated capital programs, and discounts in the current charges.

 

If the recommended charges are adopted by Council, at the end of the proposed phase-in period, residential development charges would increase by about 90% and non-residential development charges (i.e. primarily retail charges) would increase by approximately 30% over current levels.

 

The proposed by-law continues many of the current policies, including exemptions for affordable rental housing, industrial development and employment uses qualifying under the Imagination, Manufacturing, Innovation and Technology Financial Incentives Program.  The non-residential charge would continue to apply to the ground floor only of non-exempt, non-residential development (primarily retail).  In addition, the Tier 2 Toronto Green Standard development charges incentive program is proposed to be continued at the levels approved in the 2009 by-law.  These and other definitional changes in the proposed by-law are unaffected by the transition provisions, which apply only to the level of the charges, and shall be effective from the date that the by-law comes into force.

 

Proposed transition provisions implement the changes in the rates over a period of time in order to mitigate the impact of the new rates on development applications that are well along in the development approval process and to allow for an orderly implementation of the new by-law.  The change in the rates would be phased-in over a nine month period with full implementation by July 1, 2014. 

 

After the statutory public meeting, it is proposed that staff report to the October 8, 2013 meeting of City Council on the results of the public meeting and any recommended changes to the by-law.

Background Information

(June 18, 2013) Report with Appendix 2, from the City Manager and Chief Financial Officer on Development Charges By-law Review
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-59642.pdf
Appendix 1 - Proposed Development Charges By-Law
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-59659.pdf
Appendix 3 - Development Charges Background Study
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-59837.pdf
(June 12, 2013) Development Charges Public Notice
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-59863.pdf

Communications

(June 19, 2013) E-mail from Michael Tucci, Director, Acquisitions and Development, Rockport (EX.Main.EX33.1.1)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-38620.pdf
(June 26, 2013) E-mail from Jennifer Meader, Townsend and Associates (EX.Supp.EX33.1.2)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-38741.pdf
(June 27, 2013) E-mail from Patrick Berne (EX.Supp.EX33.1.3)
(June 27, 2013) E-mail from David Page, General Manager, Aragon Properties Ltd. (EX.Supp.EX33.1.4)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-38743.pdf
(June 27, 2013) Letter from Daniel Guizzetti, President and CEO, Empire Communities (EX.Supp.EX33.1.5)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-38750.pdf
(June 27, 2013) E-mail from Peter Clarke (EX.Supp.EX33.1.6)
(June 28, 2013) E-mail from Alan Vihant, Senior Vice President, High Rise, Great Gulf Group of Companies (EX.Supp.EX33.1.7)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-38755.pdf
(July 2, 2013) E-mail from Ben Rogowski, Executive Vice-President, Canderel (EX.Supp.EX33.1.8)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-38757.pdf
(June 28, 2013) E-mail from Andrew Judge, President, The Toronto Industry Network (EX.Supp.EX33.1.9)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-38763.pdf
(June 30, 2013) E-mail from Paul Chomik (EX.Supp.EX33.1.10)
(July 1, 2013) E-mail from Martin Gerwin and Judith A. Rutledge, Co-Chairs, Mimico Lakeshore Network Steering Committee (EX.Supp.EX33.1.11)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-38765.pdf
(July 1, 2013) E-mail from Sharon Yetman (EX.Supp.EX33.1.12)
(July 1, 2013) E-mail from Corey Brown, Director, ICON Homes Inc. (EX.Supp.EX33.1.13)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-38767.pdf
(July 1, 2013) E-mail from Barbara Falby (EX.Supp.EX33.1.14)
(July 2, 2013) E-mail from Allan N. Windrem, President, Chadwin and Company Limited, on behalf of Kingston Road Development Corporation (EX.Supp.EX33.1.15)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-38769.pdf
(July 2, 2013) E-mail from Allan N. Windrem, President, Chadwin and Company Limited, on behalf of Lill Developments and Mainbram Scarborough II Developments Ltd. (EX.Supp.EX33.1.16)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-38770.pdf
(July 2, 2013) E-mail from Daryl Chong, President & CEO, Greater Toronto Apartment Association (EX.Supp.EX33.1.17)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-38771.pdf
(June 28, 2013) E-mail from Richard Hahn, Vice-President, Lindvest Properties Limited (EX.Supp.EX33.1.18)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-38772.pdf
(June 28, 2013) E-mail from Frank Palombi, Vice-President, Lindvest Properties (Westshep) Limited (EX.Supp.EX33.1.19)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-38773.pdf
(June 28, 2013) E-mail from Peter DeBiasio, Vice-President, Construction, H & R Developments (EX.Supp.EX33.1.20)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-38774.pdf
(June 28, 2013) E-mail from Peter DeBiasio, Vice-President, Construction, Tanana Investments Limited (EX.Supp.EX33.1.21)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-38775.pdf
(June 28, 2013) E-mail from Evan Miller, Chief Operating Officer, Houndsmoor Investments Limited (EX.Supp.EX33.1.22)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-38776.pdf
(July 2, 2013) E-mail from Maurizio Rogato, Solmar Inc. (Admiral), on behalf of Solmar Development Corp. ("Solmar") (EX.Supp.EX33.1.23)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-38777.pdf
(July 2, 2013) E-mail from Jeffrey L. Davies, Davies Howe Partners LLP (EX.Supp.EX33.1.24)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-38833.pdf
(July 2, 2013) E-mail from Joe Cimer, Owner, The Grand Circus (EX.Supp.EX33.1.25)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-38734.pdf
(July 2, 2013) E-mail from Anthony DeCarli, Director, Development, High-Rise Division, Monarch Corporation (EX.Supp.EX33.1.26)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-38844.pdf
(July 1, 2013) E-mail from Robert D. Howe, Goodmans LLP (EX.New.EX33.1.27)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-38845.pdf
(July 2, 2013) Letter from Jane Pepino, Aird & Berlis LLP, on behalf of Cresford Developments (EX.Supp.EX33.1.28)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-38841.pdf
(July 2, 2013) E-mail from Douglas Quick, Dentons Canada LLP, on behalf of 863880 Ontario Limited (EX.Supp.EX33.1.29)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-38736.pdf
(July 2, 2013) E-mail from David Godley (EX.New.EX33.1.30)
(July 2, 2013) E-mail from Andrew Gray, Vice President, Eastern Region, Concert Properties Ltd. (EX.New.EX33.1.31)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-38738.pdf
(July 2, 2013) E-mail from Cathie Macdonald (EX.New.EX33.1.32)
(July 3, 2013) E-mail from Lino Pellicano, Vice President, Greenpark Group of Companies (EX.New.EX33.1.33)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-38740.pdf
(July 2, 2013) E-mail from Craig Smith, Chair, NAOIP, Commercial Real Estate Development Association, Greater Toronto Chapter (EX.New.EX33.1.34)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-38861.pdf
(July 2, 2013) E-mail from Bob Blazevski, Executive Vice President, DiamondCorp (EX.New.EX33.1.35)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-38862.pdf
(July 2, 2013) E-mail from H. Reis-Smart, Secretary, on behalf of the Board of Teddington Park Residents Association Inc. (EX.New.EX33.1.36)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-38863.pdf
(July 2, 2013) E-mail from Mark Karam, Vice President & General Counsel, Menkes Development Ltd. (EX.New.EX33.1.37)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-38864.pdf
(July 2, 2013) E-mail from Eileen Denny, Vice-Chair, Confederation of Resident and Ratepayer Associations in Toronto (CORRA) (EX.New.EX33.1.38)
(July 2, 2013) E-mail from Brian Johnston, Chief Operating Officer, Mattamy Homes (EX.New.EX33.1.39)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-38867.pdf
(July 3, 2013) E-mail from John M. Alati, Davies Howe Partners LLP, on behalf of Gerrard-Clonmore Developments Ltd. (EX.New.EX33.1.40)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-38868.pdf
(July 3, 2013) E-mail from John M. Alati, Davies Howe Partners LLP, on behalf of the Conservatory Group of Companies (EX.New.EX33.1.41)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-38869.pdf
(July 3, 2013) E-mail from Rashmi M. Nathwani, Namara Developments Ltd. (EX.New.EX33.1.42)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-38870.pdf
(July 2, 2013) E-mail from Cynthia A. MacDougall, McCarthy Tetrault, on behalf of Minto Urban Communities Inc. (EX.New.EX33.1.43)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-38899.pdf

Speakers

Patrick Berne, The Muzzo Group of Companies
Cynthia MacDougall, McCarthy Tetrault LLP
Stephen Deveaux, First Vice Chair, The Building Industry and Land Development Association (BILD)
Lyn Townsend, South of Eastern/Port Lands Landowner Group
Michel (Mike) Labbe, President and CEO, Options for Homes
Douglas Quick, 863880 Ontario Limited (Submission Filed)
Judith A. Rutledge and Martin E. Gerwin, Mimico Lakeshore Network
Daryl Chong, President & CEO, Greater Toronto Apartment Association
Eileen Denny, Vice-Chair, CORRA, Confederation of Resident and Ratepayer Associations in Toronto
Councillor Ana Bail„o
Councillor Shelley Carroll
Councillor Janet Davis
Councillor Frances Nunziata
Councillor Adam Vaughan
Councillor Gord Perks

Motions

1 - Motion to Defer Item moved by Councillor Peter Milczyn (Amended)

That the Executive Committee:

 

1.         Defer consideration of the Development Charges By-law Review to the September 24, 2013 meeting of the Executive Committee.

 

2.         Request the Deputy City Manager and Chief Financial Officer to conduct further stakeholder consultation on a phased transition to new Development Charges, and the Development Charges background study development related capital program.

 

3.         Request the Deputy City Manager and Chief Financial Officer to review and report on the deputations and communications received, including any recommended changes to the proposed by-law.

 

4.         Request the Deputy City Manager and Chief Financial Officer to review whether a  stacked and back to back townhomes should be charged at the same rate as other apartment dwelling units.

 

5.         Request the Deputy City Manager and Chief Financial Officer to review the possibility of payment by installments or other staged deferral payment of Development Charges for market rental apartments.

 

6.         Request the Deputy City Manager and Chief Financial Officer further review the percentage of Development Charges allocated to affordable housing.


2 - Motion to Amend Motion moved by Councillor Cesar Palacio (Carried)

Amend Councillor Milczyn's motion to add that:

 

The industry consultation include how the definition of "Apartment Unit" should be revised to explicitly include dwelling units located in stacked town homes and similar unit types.


3 - Motion to Amend Motion moved by Councillor Cesar Palacio (Carried)

Amend Councillor Milczyn's motion to add:

 

That the Deputy City Manager and Chief Financial Officer report to the September 24, 2013 Executive Committee meeting on where growth has occurred in the City of Toronto since 1999, listed by pre-amalgamation municipal boundaries.

Source: Toronto City Clerk at www.toronto.ca/council