Item - 2019.EX10.6
Tracking Status
- City Council adopted this item on November 26 and 27, 2019 without amendments.
- This item was considered by the Executive Committee on November 14, 2019 and adopted without amendment. It will be considered by City Council on November 26 and 27, 2019.
EX10.6 - Development Charge Complaint - 1251 Bridletowne Circle
- Decision Type:
- ACTION
- Status:
- Adopted
- Ward:
- 22 - Scarborough - Agincourt
City Council Decision
City Council on November 26 and 27, 2019, adopted the following:
1. City Council determine that the Development Charges By-law has been properly applied to the residential land development project located at 1251 Bridletowne Circle.
2. City Council dismiss the complaint filed pursuant to Section 20 of the Development Charges Act, 1997.
Statutory - Development Charges Act, SO 1997
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2019/ex/bgrd/backgroundfile-139565.pdf
Attachment 1 - Complaint letter from WeirFoulds LLP dated April 13, 2016
https://www.toronto.ca/legdocs/mmis/2019/ex/bgrd/backgroundfile-139566.pdf
Communications (Committee)
https://www.toronto.ca/legdocs/mmis/2019/ex/comm/communicationfile-99032.pdf
Motions (City Council)
That consideration of the item be deferred until the December 17 and 18, 2019 meeting of City Council.
Vote (Defer Item) Nov-27-2019 12:17 PM
| Result: Lost | Majority Required - EX10.6 - Karygiannis - motion 1 - Defer the Item |
|---|---|
| Total members that voted Yes: 7 | Members that voted Yes are Gary Crawford, Michael Ford, Jim Karygiannis, Jennifer McKelvie, Denzil Minnan-Wong, Anthony Perruzza, John Tory |
| Total members that voted No: 17 | Members that voted No are Paul Ainslie, Ana Bailão, Brad Bradford, Shelley Carroll, Mike Colle, Joe Cressy, John Filion, Paula Fletcher, Stephen Holyday, Cynthia Lai, Mike Layton, Josh Matlow, Frances Nunziata (Chair), James Pasternak, Gord Perks, Michael Thompson, Kristyn Wong-Tam |
| Total members that were Absent: 2 | Members that were absent are Mark Grimes, Jaye Robinson |
That in accordance with the provisions of Chapter 27, Council Procedures, City Council end the debate on Item EX10.6 and take the vote immediately.
Vote (Extend Debate) Nov-27-2019 2:11 PM
| Result: Carried | Two-Thirds Required - EX10.6 - End debate on the Item |
|---|---|
| Total members that voted Yes: 18 | Members that voted Yes are Paul Ainslie, Ana Bailão, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Mark Grimes, Jim Karygiannis, Cynthia Lai, Mike Layton, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, John Tory, Kristyn Wong-Tam |
| Total members that voted No: 6 | Members that voted No are Brad Bradford, Paula Fletcher, Michael Ford, Stephen Holyday, Josh Matlow, Michael Thompson |
| Total members that were Absent: 2 | Members that were absent are Anthony Perruzza, Jaye Robinson |
Vote (Adopt Item) Nov-27-2019 2:13 PM
| Result: Carried | Majority Required - EX10.6 - Adopt the Item |
|---|---|
| Total members that voted Yes: 25 | Members that voted Yes are Paul Ainslie, Ana Bailão, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Stephen Holyday, Jim Karygiannis, Cynthia Lai, Mike Layton, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Michael Thompson, John Tory, Kristyn Wong-Tam |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 1 | Members that were absent are Jaye Robinson |
EX10.6 - Development Charge Complaint - 1251 Bridletowne Circle
- Decision Type:
- ACTION
- Status:
- Adopted
- Ward:
- 22 - Scarborough - Agincourt
Statutory - Development Charges Act, SO 1997
Committee Recommendations
The Executive Committee recommends that:
1. City Council determine that the Development Charges By-law has been properly applied to the residential land development project located at 1251 Bridletowne Circle.
2. City Council dismiss the complaint filed pursuant to Section 20 of the Development Charges Act, 1997.
Decision Advice and Other Information
The Executive Committee held a statutory public meeting on November 14, 2019 and notice was given in accordance with the Development Charges Act.
Origin
Summary
This report responds to a complaint filed pursuant to Section 20 of the Development Charges Act, 1997 relating to a residential development project located at 1251 Bridletowne Circle.
Section 20 of the Development Charges Act, 1997 allows a person required to pay development charges to file a complaint to the council of municipality under certain circumstances.
The development consists of various forms of townhouses. The City's Development Charges Bylaw defines stacked townhouses and assigns to them an apartment unit rate, and also defines back-to-back and traditional townhouses and assigns to them a somewhat higher, multiple unit rate.
The complaint asserts that townhouses deemed by the City to be 'back-to-back' meet the definition of 'apartment unit' and should therefore have been charged the associated lower, apartment unit rate.
City staff has reviewed the complaint and is of the opinion that the Development Charges Bylaw was applied properly and no error was made in the calculation of the charges. This report recommends that the complaint be dismissed. A decision of Council to dismiss the complaint may be appealed to the Local Planning Appeal Tribunal. This report was prepared in consultation with the Chief Building Official and the City Solicitor.
Background Information
https://www.toronto.ca/legdocs/mmis/2019/ex/bgrd/backgroundfile-139565.pdf
Attachment 1 - Complaint letter from WeirFoulds LLP dated April 13, 2016
https://www.toronto.ca/legdocs/mmis/2019/ex/bgrd/backgroundfile-139566.pdf
Communications
https://www.toronto.ca/legdocs/mmis/2019/ex/comm/communicationfile-99032.pdf
Speakers
Barry Waltman, Middlepark Estates Inc.
Councillor Shelley Carroll