Item - 2019.EX7.13

The Executive Committee recommends that:  

1.  City Council determine that the Development Charges By-law and Education Development Charges By-Law have been properly applied to the residential development project located at 1383, 1385, 1389, 1399 and 1403 Military Trail.

2.  City Council dismiss the complaint filed pursuant to Section 20 of the Development Charges Act, 1997 and Section 257.85 of the Education Act.

The Executive Committee held a statutory public meeting on July 4, 2019 and notice was given in accordance with the Development Charges Act and the Education Act.

This report responds to a complaint filed pursuant to Section 20 of the Development Charges Act, 1997 and Section 257.85 of the Education Act relating to a residential development project located at 1383, 1385, 1389, 1399 and 1403 Military Trail.

The development project consists of five pre-existing lots with one detached dwelling in each.  In the process of redevelopment, demolition permits were issued for these five lots.  Subsequently, building permit applications for the development were submitted. 

The City's 2013 Development Charges By-law was in effect at the time of the permit application. It contains a provision for Development Charge reduction relating to demolished units for up to 36 months after issuance of demolition permit upon submission of a complete building permit application.  At the time of permit application approximately 53 months had elapsed.  The Toronto Catholic District School Board's Education Development Charges By-law also provided demolition offsets for up to 36 months from demolition permit issuance.

The complaint seeks to have the demolition reduction apply, noting that i) they experienced delay due to a subsequent sale of the properties followed by redevelopment redesign which required an application for minor variance and ii) revocation of the demolition permit was forestalled at their request twice, and should in their view have reset the clock for the purposes of the 36 month window. 

Staff determined that Development Charges By-law was applied properly and no error was made in the calculation of the Development Charges.  This report recommends that the complaint be dismissed.  A decision of Council to dismiss the complaint may be appealed to Local Planning Appeal Tribunal.  This report was prepared in consultation with the Chief Building Official and the City Solicitor.