Item - 2022.EX29.12

The Executive Committee recommends that:

1. City Council partially grant the complaint dated April 23, 2021, with respect to 55 Mac Frost Way filed pursuant to Section 20 of the Development Charges Act, 1997.

2. City Council direct City staff to refund 50 percent of the development charges paid.

The Executive Committee held a statutory public meeting on January 26, 2022, and notice was given in accordance with the Development Charges Act.

This report responds to a complaint filed pursuant to Section 20 of the Development Charges Act, 1997, relating to a development project located at Cedar Brae Golf Club at 55 Mac Frost Way in Scarborough.

The development project consists of a storage building at Cedar Brae Golf Club that is used by club members for seasonal storage of their golf clubs. While the complainant recognizes that a building permit would be required, they claim that development charges should not be applied because the storage building replaces prior seasonal storage that was in the clubhouse, and no additional need or demand for municipal services would be required as a result of the construction of the new storage facility. The complainant believes that there was an error in the application of the Development Charges By-law as this project does not meet the plain and ordinary definition of a development, and additionally should be exempt based on the definition of industrial uses under the Development Charges By-law, which includes self-storage facilities.

City staff have reviewed the complaint and is of the opinion that the Development Charges By-law was applied properly and no error was made in determination of the applicable development charges. City staff believe the project falls within the definition of development under the Development Charges By-law, and required one or more of the actions referred to in section 415-5, namely the issuing of a permit under the Building Code Act. Where a building permit is being issued for construction of a building, it is considered a development and development charges are applicable unless an exemption applies.

The Development Charges By-law provides certain exemptions from development charges, such as industrial uses as defined in the By-law, and includes land, buildings or structures used or designed or intended for use for or in connection with self-storage facilities. The exemption for industrial use as a self-storage facility is intended to capture self-storage facilities offered to the public in order to store all manner of goods. As the proposed building is intended to be used exclusively by club members to store their golf clubs and not to store all manner of goods in a facility that is accessible to the general public, the storage use is considered an accessory use to the primary use which is that of a golf course.

This report recommends that the complaint be dismissed. A decision of Council to dismiss the complaint may be appealed to the Ontario Land Tribunal. This report was prepared in consultation with the Chief Building Official and the City Solicitor.