File #: 14-A-127    Version: 1 Name:
Type: Deputation Status: Received
File created: 8/12/2014 In control: City Council
On agenda: 8/25/2014 Final action: 8/25/2014
Title: DEPUTATION BY JANE PEPINO, AIRD AND BERLIS ON BEHALF OF HARMONY VILLAGE LAKE SIMCOE INC. REGARDING MOTION 14-G-223 CONCERNING THE CITY-WIDE DEVELOPMENT CHARGES BY-LAW Ms. Jane Pepino, Aird & Berlis LLP provided a deputation on behalf of Harmony Village Lake Simcoe Inc. concerning the City-wide Development Charges By-law. Ms. Pepino indicated that if the proposed Development Charges By-law is passed "as is", it will be appealed by Harmony Village. She stated that if the proposed Development Charges By-law was enacted, the cost to develop residential units in the City Centre would increase approximately 183% and that development charges for retail and office would be applied for the first time for properties in the City Centre. She alleged that no consultation had taken place with her client during the process to develop the City-wide Development Charges By-law and that she believes Council doesn't have all of the information required. Ms. Pepino identified four requests: 1...
Attachments: 1. OD 140825 - Aird and Berlis.pdf, 2. OD 140825 - S. Dearlove and J.M. Duncan.pdf, 3. OD 140825 - North Amarican Development, SmartCentres, Osmington and Penady.pdf
Title
DEPUTATION BY JANE PEPINO, AIRD AND BERLIS ON BEHALF OF HARMONY VILLAGE LAKE SIMCOE INC. REGARDING MOTION 14-G-223 CONCERNING THE CITY-WIDE DEVELOPMENT CHARGES BY-LAW
 
Ms. Jane Pepino, Aird & Berlis LLP provided a deputation on behalf of Harmony Village Lake Simcoe Inc. concerning the City-wide Development Charges By-law.  Ms. Pepino indicated that if the proposed Development Charges By-law is passed "as is", it will be appealed by Harmony Village.  She stated that if the proposed Development Charges By-law was enacted, the cost to develop residential units in the City Centre would increase approximately 183% and that development charges for retail and office would be applied for the first time for properties in the City Centre.  She alleged that no consultation had taken place with her client during the process to develop the City-wide Development Charges By-law and that she believes Council doesn't have all of the information required.  
 
Ms. Pepino identified four requests:
 
1.      That the Development Charge By-law be deferred "to get it right" as she believes there is no evidence for urgency;
 
2.      If there is an intent to have the by-law passed to allow for collection of development charges for the annexed lands, then defer the development charges applicable to the former City of Barrie Limits;
 
3.      Provide for lands within the City Centre; and
 
4.      Consider the development charges applicable to the City Centre lands at the same time as the Staff Report on the potential tools such as tax increment based policies.
 
Ms. Pepino concluded by requesting that City Council "get it right" rather than passing it quickly.
 
Members of City Council asked a number of questions and received responses from Ms. Pepino and City staff.
 
DEPUTATION BY STEVE DEARLOVE AND MARK DUNCAN REGARDING MOTION 14-G-223 CONCERNING THE CITY-WIDE DEVELOPMENT CHARGES BY-LAW
 
Mr. Steve Dearlove provided a deputation regarding motion 14-G-223 concerning the City-Wide Development Charges By-law.  Mr. Dearlove indicated that he and Mark Duncan are landlords of a building located in downtown Barrie. Mr. Dearlove explained that when he purchased the property it was listed as a four unit building.  Recently, he had indicated an intent in increasing the units in his building and was informed that 1 of the units was illegal and the development charges would be $26 000.00 to proceed with the process to legalize the additional unit.  
 
Mr. Dearlove feels that a clear distinction between small landlords and developers needs to be addressed in the by-law for the following reasons:
 
1.      A ceiling rate exists for rental units is the most that can be charged by landlords;
 
2.      Landlords cannot build Development Charge costs into the sale of their units as they are not selling their properties;
 
3.      Development costs which make these projects over construction more costlier;
 
4.      Developers have a much more significant financial resources then small landlords; and
 
5.      The trend of fewer rental units being built will continue if the proposed Development Charges By-law is passed.
 
Mr. Dearlove provided an overview of the market value, taxes, costs to construct a unit and the expenses associated with his property based upon the proposed City-wide Development Charges By-law.
 
In closing Mr. Dearlove asked City Council to consider re-evaluating the proposed City-wide Development Charges By-law for rental units to address the burden to small landlords, reduce the development charges to encourage owners of illegal units to bring them into compliance and waive the development charges for his property.
 
Members of City Council asked a number of questions and received responses from Mr. Dearlove and City staff.
 
DEPUTATION BY PATRICK HARRINGTON ON BEHALF OF NORTH AMERICAN DEVELOPMENT GROUP, SMARTCENTRES, OSMINGTON INC. AND PENADY (BARRIE) LTD. REGARDING MOTION 14-G-223 CONCERNING THE CITY-WIDE DEVELOPMENT CHARGES BY-LAW
 
Patrick Harrington provided a deputation on behalf of North American Development Group, SmartCentres, Osmington Inc. and Penady (Barrie) Ltd. regarding motion 14-G-223 concerning the City-wide Development Charges By-law.  Mr. Harrington outlined the timeframes involved in the City-wide Development Charges By-law process and stated that he feels his clients were not given the same consideration and public consultation time that was provided to the annexed landowners.  
 
Mr. Harrington summarized the technical issues and errors he alleged were contained within the 2014 Development Charges Background Study.  He outlined the economic contribution of retail versus industrial development.  Mr. Harrington reviewed the possible future economic impact of raising development charges on commercial development and provided comparisons of the proposed development charges in other municipalities.  He commented on the growth should pay for growth policy and noted that the non-residential landowners feel the infrastructure costs are being passed along and existing Barrie will pay for this growth.
 
In conclusion, Mr. Harrington asked that City Council consider deferring passing of the City-wide Development Charges By-law to January to allow for consultation to bring forward a better by-law to avoid the appeal process.
 
Members of City Council asked a number of questions and received responses from Mr. Harrington and City staff.