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←Executive Committee · 2024-07-16 · 2024.EX16.7

The filed record

100 Thorncliffe Park Drive - Development Charges Complaint

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The decision

2024-07-24 · Toronto City Council · amended

As filed

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.

The vote

Amend Item · Carried, 21-1

For (21)Alejandra Bravo, Amber Morley, Anthony Perruzza, Ausma Malik, Brad Bradford, Chris Moise, Frances Nunziata, Gord Perks, Jamaal Myers, James Pasternak, Jennifer McKelvie, Jon Burnside, Josh Matlow, Lily Cheng, Michael Thompson, Nick Mantas, Olivia Chow, Parthi Kandavel, Paul Ainslie, Paula Fletcher, Shelley Carroll
Against (1)Stephen Holyday
Absent (3)Dianne Saxe, Mike Colle, Vincent Crisanti
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On the agenda

As the city filed it

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.

Show the rest of As the city filed it, 1,031 more characters as filed

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.

Staff recommended

The Chief Financial Officer and Treasurer recommends that: 1. City Council determine that the Development Charges By-law have been properly applied to the development project located at 100 Thorncliffe Park Drive. 2. City Council dismiss the complaint dated April 2, 2024, with respect to 100 Thorncliffe Park Drive filed pursuant to Section 20 of the Development Charges Act, 1997. 3. Council authorize City Staff to defend any appeal of City Council's decision or non-decision to the Ontario Land Tribunal.

Considered

  • 2024-07-16 · Executive Committee · forwarded without recommendation

    Decision as filed

    The Executive Committee forwards the Item to City Council without recommendation.

    Clerk’s note

    The Executive Committee held a statutory public meeting on July 16, 2024, and notice was given in accordance with the Development Charges Act.

  • 2024-07-24 · Toronto City Council · amended

On the record

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