Item - 2024.EX16.7
Tracking Status
- City Council adopted this item on July 24 and 25, 2024 with amendments.
- This item was considered by Executive Committee on July 16, 2024. It is being forwarded to City Council without recommendations. It will be considered by City Council on July 24 and 25, 2024.
EX16.7 - 100 Thorncliffe Park Drive - Development Charges Complaint
- Decision Type:
- ACTION
- Status:
- Amended
- Ward:
- 15 - Don Valley West
City Council Decision
City Council on July 24 and 25, 2024, adopted the following:
1. City Council grant the complaint dated April 2, 2024, with respect to 100 Thorncliffe Park Drive filed pursuant to Section 20 of the Development Charges Act, 1997.
2. City Council direct City staff to refund the development charges paid, in the amount of $400,147.13.
Statutory - Development Charges Act, SO 1997
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2024/ex/bgrd/backgroundfile-247285.pdf
Motions (City Council)
That:
1. City Council grant the complaint dated April 2, 2024, with respect to 100 Thorncliffe Park Drive filed pursuant to Section 20 of the Development Charges Act, 1997.
2. City Council direct City staff to refund the development charges paid, in the amount of $400,147.13.
Vote (Amend Item) Jul-24-2024 7:54 PM
| Result: Carried | Majority Required - EX16.7 - Carroll - motion 1 |
|---|---|
| Total members that voted Yes: 21 | Members that voted Yes are Paul Ainslie, Brad Bradford, Alejandra Bravo, Jon Burnside, Shelley Carroll, Lily Cheng, Olivia Chow, Paula Fletcher, Parthi Kandavel, Ausma Malik, Nick Mantas, Josh Matlow, Jennifer McKelvie, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Michael Thompson |
| Total members that voted No: 1 | Members that voted No are Stephen Holyday |
| Total members that were Absent: 3 | Members that were absent are Mike Colle, Vincent Crisanti, Dianne Saxe |
EX16.7 - 100 Thorncliffe Park Drive - Development Charges Complaint
- Decision Type:
- ACTION
- Status:
- Without Recs
- Ward:
- 15 - Don Valley West
Statutory - Development Charges Act, SO 1997
Committee Recommendations
The Executive Committee forwards the Item to City Council without recommendation.
Decision Advice and Other Information
The Executive Committee held a statutory public meeting on July 16, 2024, 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 (the "DC Act"), relating to a development project located at 100 Thorncliffe Park Drive in Don Valley West.
The development project is an expansion of the current building, which consists of a two-storey addition totalling 1,502.95 square meters of gross floor area (GFA). The complainant, 2613815 Ontario Inc., objects to the amount of development charges calculated. The complainant asserts that development charges in the amount of $400,147.13 should be refunded as all new GFA as contained within the first level of the expansion is for industrial uses.
City staff have reviewed the complaint and are of the opinion that the Development Charges By-law (the "DC By-law") was applied properly, and no error was made in the determination of the applicable development charges. Staff have reviewed the building permit application along with the documentation submitted by the complainant, and believe the expansion was correctly categorized as commercial retail use. The development does not meet the definition of industrial uses; therefore, development charges are not exempt.
This report recommends that the complaint be dismissed. A decision or a non-decision of Council to dismiss the complaint may be appealed to the Ontario Land Tribunal (OLT). This report was prepared in consultation with the (Acting) Chief Building Official and Executive Director, Toronto Building, and the City Solicitor.
Background Information
https://www.toronto.ca/legdocs/mmis/2024/ex/bgrd/backgroundfile-247285.pdf
Speakers
Motions
That the item be forwarded to City Council without recommendation.