That the following actions be taken with
respect to the 2014 Development Charges (DC) Background Study, and the 2014
Draft DC By-law:
a) the
revised Commercial growth projections, as described in Appendix H.5 of the
staff report dated April 14, 2014, BE ADOPTED; it being noted that the
revised projections arose out of a review by Altus of the commercial space
factors used in the previous forecasts;
b) in
accordance with the DC legislation, the intention to meet the capital project
needs of growth, as listed in the rate calculations contained in Appendices
"B" through “M" of the 2014 DC Background Study - March, 2014
BE CONFIRMED SUBJECT TO ongoing reviews afforded by the annual Growth
Management Implementation Strategy process, changes through the Capital
Budget approval process, and collection of sufficient DC revenues;
c) the
draft DC By-law (attached as Appendix J to the staff report dated April 14,
2014) BE AMENDED as follows:
i) the
definition of “development” being amended from “‘development’ means…as per
section 10 of the Ontario Building Code…” to “‘development’ means…as per
Section C.1.3.1.4 of the Ontario Building Code…”;
ii) section
15 of the 2014 Draft DC By-law (Appendix J of the staff report dated April
14, 2014) being amended to the wording identified for section 15 identified
in Appendix A of the staff report dated May 5, 2014;
iii) Schedule
1 being the proposed DC rates identified in the 2014 Draft DC By-law
(Appendix J of the staff report dated April 14, 2014) being amended to
reflect a revised Schedule 1 as identified in Appendix A of the staff report
dated May 5, 2014; it being noted that the changes include minor revisions to
the recommended DC rates as well as the addition of text at the bottom of the
schedule;
it
being noted that By-law C.P.-1473-212 (as amended), being the City’s
existing Development Charges By-law will expire coincidental with the coming
into force of the new by-law which incorporates the new DC rates identified
in Appendix D of the staff report dated April 14, 2014;
d) the
staff report dated May 5, 2014, regarding the impact of the water supply
development charge on the water rate, BE RECEIVED for information;
e) the
staff report dated May 5, 2014, including the study by Watson &
Associates entitled “City of London: Economic Impact of Proposed Development
Charges”, BE RECEIVED for information;
f) the
draft DC By-law and Background Study BE REFERRED back to staff to:
i) further
refine the recommendations, giving consideration to:
A) the
input to date, including the comments provided at the public participation
meeting held on May 5, 2014, as well as input received through further
consultation with the External Stakeholders Committee;
B) the
incorporation of the recommendations contained in the staff report dated May
5, 2014 entitled “Revisions to the Draft 2014 Development Charges By-law and
Background Study”;
C) inclusion
of two additional recommendations as follows:
“a) in
accordance with the Development Charges Act, 1997, it BE CONFIRMED that
Municipal Council has expressed its intention that excess capacity of the
works identified in the Development Charges Background Study be collected
from development charges; and,
b) it
BE CONFIRMED that the Municipal Council has determined that no further notice
or public meetings are required pursuant to Section 12 of the Development
Charges Act, 1997”;
ii) further refine the DC Background Study
dated April, 2014, giving consideration to the amendments outlined in
Appendix B to the staff report dated May 5, 2014, in order to reflect
comments provided by members of the Strategic Priorities and Policy Committee
on April 14, 2014, and comments received from the Development Charges
External Stakeholders Committee members;
iii) report
back at a special meeting of the Strategic Priorities and Policy Committee,
to be held immediately following the Investment and Economic Prosperity
Committee scheduled for June 9, 2014, in order to accommodate final adoption
at the Council meeting to be held on June 24, 2014, with:
A) revised
recommendations as noted in f)i) and f)ii), above, subject to any further
refinements that may arise from B) and C) below;
B) details
of options and implications of removing the water supply charge from the
proposed 2014 DC By-law; and
C) details
of options and implications of placing a cap of 25% on the calculated
commercial DC rate, as identified in the proposed 2014 DC By-law;
it being noted that:
- the Municipal Council received an
earlier report which contained the proposed schedule of DC rates
contained in the proposed 2014 DC By-law, which included a Water Supply
Component (Appendix D of the staff report dated April 14, 2014 and
Schedule 1 of the proposed 2014 DC By-law);
- the exemptions identified in By-law
CP-1473-212, as amended (i.e. the 50% institutional exemption,
industrial development exemption and the Downtown residential exemption)
are contained in the proposed 2014 DC By-law, but will expire upon
passage of CIP by-laws to amend and replace the same, consistent with
Municipal Council’s decision on August 27, 2013;
- in accordance with the Municipal
Council’s direction, the Civic Administration has responded to comments
and concerns raised in relation to the report on draft DC rate
calculations (submitted at the Strategic Priorities and Policy Committee
meeting of February 20, 2014, as Appendix H); and
- the proposed 2014 DC By-law (included
as Appendix J to the staff report dated April 14, 2014), includes
amendments to the DC Policy considered and approved in the preceding two
years, as well as technical amendments intended to add clarity to the
By-law (summarized in Appendix I to the staff report dated April 14,
2014);
it being further noted that the Strategic
Priorities and Policy Committee heard the attached presentation
from P. Christiaans, Director, Development Finance and S. Mathers, Manager,
Development Finance with respect to this matter; it being further noted that
the SPPC received the following communications on its Added Agenda, with
respect to this matter:
a) a
staff information report dated May 5, 2014 from the Managing Director,
Environmental and Engineering Services and City Engineer, with respect to the
impact of the water supply development charge on the water rate;
b) a
staff information report dated May 5, 2014 from the Director, Development
Finance, with respect to Watson & Associates’ study entitled “City of
London” Economic Impact of Proposed Development Charges”;
c) commentary
from Dr. G. Arku, Western University, Department of Geography, on Watson
& Associates’ Report entitled “City of London’s Economic Impact of
Proposed Development Charges”;
d) a
staff report detailing proposed revisions to the draft 2014 Development
Charges By-law and Background Study;
e) a
communication from A. Soufan, President, York Developments Inc., regarding
the proposed development charges rates;
f) a
communication from M. Noskiewicz, Goodmans LLP, representing Smartcentres
Inc., Calloway REIT and Greenhills Shopping Centres Limited regarding the
development charges review;
g) a
communication from D. Wastell, President, London Homebuilders’ Association,
with respect to the 2014 Development Charges By-law;
h) a
communication from J. Kennedy, President, London Development Institute,
regarding the Development Charge Review 2014, Water Supply Charge; and
i) a
communication from J. Kennedy, President, London Development Institute,
regarding delegation status for the 2014 Development Charges By-law Update;
it being pointed out that at the public
participation meeting associated with this matter, the individuals indicated
on the attached public participation meeting record made oral
submissions in connection therewith.
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