Development Charges in the Former City of York

Ward 27, York Humber and Ward 28, York Eglinton

The York Community Council recommends the adoption of the following report (February9,1999) from the Director, Community Planning, West District:

Purpose:

To advise on the implementation of York Community Council's motion requesting that a by-law be prepared to amend York Development Charge By-Law No. 2334-91, as amended, (applying to the area of the former City of York) to provide that no development charge be charged or collected up to December 31, 1999 and that a public consultation meeting be arranged on the matter.

Financial Implications:

Revenue from the Development Charges By-Law applying to the York Community will continue not to be collected.

Recommendation:

It is recommended that:

(1)Council pass a resolution directing the Director of Building and Deputy Chief Building Official, West District not to levy or collect development charges under By-Law No.2334-91, as amended, in the former City of York, until such time as a new City of Toronto Development Charges By-Law is in force and effect and;

(2)in the event that the preceding recommendation is not adopted by City Council, that staff be directed to resume collection of development charges as they apply only to new building permit applications received after the third week following City Council's decision, and to notify the public as set out in this report that the collection of development charges will resume on a specific date at the end of the notification period.

Background

Development Charges, under By-Law No. 2334-91, in the former City of York have not been charged or collected since amending By-Law No. 3500-97 was passed on June 25, 1997. By-LawNo.3500-97 suspended the charging or collecting of development charges for one year period ending June 25, 1998.

Prior to the expiration of the one year suspension period, staff were developing a draft report proposing that development charges continue not to be collected following the end of the suspension period. Senior City management subsequently recommended that collection of the charges resume and on this basis, a report was prepared dated November 18 1998, to York Community Council which recommended that development charges be collected in accordance with York By-Law No.2334-91, as amended, after January 1, 1999.

At its meeting on December 9, 1998, York Community Council received the report and did not adopt its recommendations. Instead Community Council adopted a motion to:

(1)request the City Solicitor to prepare an amendment to Subsection (3a) of the York Development Charges By-Law No. 2334-91, as amended, to provide that no development charges shall be charged or collected, commencing with the enactment of this Subsection, up to December 31, 1999;

(2)request the Director, Community Planning, West District, to arrange for a public consultation meeting on this matter, and

(3)authorize and direct the appropriate City officials to take the necessary action to give effect thereto.

Comments:

Staff of the Community Planning Division and of the Legal Division have determined that the provisions of the Development Charges Act and the City Council's Procedural By-Law No.23-1998 creates administrative complications in carrying out the direction of York Community Council to bring forward a by-law amendment to suspend the levying and collection of development charges, in the former City of York.

Under the Development Charges Act, before passing a by-law to amend the existing Development Charges By-Law No.2334-91 for the former City of York, City Council must hold a public meeting; give notice of the meeting as prescribed and provide sufficient information to enable the public to under the proposed amendment.

Presently, City Council's Procedural By-Law does not make provision for City Council to hold public meetings. All public meetings are held by Community Councils or Standing Committees of Council. It is therefore not administratively feasible at this time to arrange a public meeting before City Council.

As an alternative and a simpler means of implementing Community Council's direction, staff propose that City Council adopt a resolution directing the Director of Building and Deputy Chief Building Official, West District not to levy or collect development charges under By-Law No2334-91, in the former City of York.

A recommendation providing such a direction to the Director of Building and Deputy Chief Building Official, West District, which arises through the adoption of this report and the approval by City Council would serve as the adopted resolution. Staff are reporting this alternative approach as a means of implementing York Community Council's previous direction.

Staff understand that York Community Council members support continuing the suspension of development charges to remain competitive in attracting and encouraging development relative to the other former municipalities, many of which do not collect the charge. However, should City Council not support York Community Council and require that the development charges be collected, staff suggest that reinstatement of the charge start three weeks after Council's decision, and apply only to new building permit applications received after the three week period. The three week period will permit a reasonable period of time for notice to be posted at the Building Division and Planning Division counters in the York Civic Centre to advise the public of the development charge reinstatement date and the application of the charge to new building permit applications filed after the reinstatement date.

Conclusion:

York Community Council's intent to continue the suspension of development charges in the York Community by way of a Development Charges By-Law amendment to be passed by City Council creates procedural complications. A simpler alternative that will provide the desired outcome is for City Council to adopt a report from Community Council recommending that the Director of Building and Deputy Chief Building Official, West District be directed not to levy or collect development charges in the area of the former City of York until such time as a new Development Charges By-Law is in force and effect.

In the event, however, that City Council does not support this position, the resumption of development charges should apply only to new building permit applications filed after the third week following Council's decision to resume collection of the charge. Notice should be posted at the Building Division and Planning Division counters at the York Civic Centre, in the intervening three week period, advising the public that collection of the charges will be reinstated at a specified date.

This report has been reviewed by staff from the City Legal Division and they concur with the approach and recommendations of this report.

Contact Name:

Lou Moretto

Manager of Community Planning

York Office, West District

York Civic Centre

The York Community Council also had before it the following communication during consideration of the foregoing matter:

(i)(October 26, 1998) from Ms. Ella Jackson, Chair, Black Creek Business Area Association, advising that the Black Creek Business Area Association is dedicated to promoting and accommodating the economic development of the area bounded between Eglinton Avenue West, Lawrence Avenue West, Black Creek Drive and the CN/CP rail line, running parallel to Weston Road in the former municipalities of North York and York; and requesting that the moratorium on development charges for industrial properties be extended.