Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 26, 2024
CASE NO(S).: OLT-23-000794
PROCEEDING COMMENCED UNDER subsection 14 of the Development Charges Act, 1997, S.O. 1997, c. 27
Appellant: Hewitts Creek Landowners Group Inc.
Appellant: Barrie Central Developments Inc. and 129 Collier LP
Appellant: 440 Essa Developments Inc. (One Urban Developments Inc.)
Appellant: Salem Landowners Group Inc.
Description: Determination of the development charges
Reference Number: By-law 2023-74
Property Address: City-wide
Municipality/UT: Barrie/Simcoe
OLT Case No.: OLT-23-000794
OLT Lead Case No.: OLT-23-000794
OLT Case Name: 440 Essa Developments Inc. v. Barrie (City)
Heard: September 23, 2024, by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| City of Barrie | B. Engell |
| 440 Essa Developments Inc. (One Urban Developments Inc.) | A. Suriano |
| Barrie Central Developments Inc. and 129 Collier LP | M. Helfand |
| Hewitts Creek Landowners Group Inc. | C. Barnett |
| Salem Landowners Group Inc. | R. Howe |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BRAUN ON SEPTEMBER 23, 2024 AND ORDER OF THE TRIBUNAL
1The matters before the Tribunal are appeals in relation to the City of Barrie (“City”) Development Charge By-law No. 2023-74 (“DC By-law”) pursuant to s. 14 of the Development Charges Act 1997 (“Act”). The matters were previously scheduled for a 20-day hearing commencing on Monday, September 23, 2024. In advance of the hearing, the Parties engaged in informal discussions aimed at resolving the appeals, as well as Tribunal-assisted mediation. Through those efforts, the Parties were able to arrive at an agreement to settle all 51 issues in dispute.
2The City brought forward a motion for an Order of the Tribunal granting the appeals in part and amending the DC By-law to reduce the development charges rates, by replacing Schedule B (entitled Residential and Non-residential Development Charges), with Attachment 1 hereto, and dismissing the balance of the appeals.
3On an appeal to a Development Charges by-law, the Tribunal shall hold a hearing under s. 16(1) of the Act and may repeal or amend the by-law in such manner as the Tribunal may determine under s. 16(3) of the Act.
4In support of the requested relief, the Tribunal received a sworn Affidavit (Exhibit 1) and heard the oral evidence of Jaclyn Hall, who was qualified to provide opinion evidence in Land Use Planning and Land Economics. Ms. Hall, a Registered Professional Planner and Professional Land Economist, acted as the Project Manager for the City’s 2023 Development Charges Background Study (“Background Study”) and was principally responsible for the preparation of the Background Study and the associated DC By-law.
5Ms. Hall opined that to implement the settlement between the Parties, it would be appropriate, and in conformity with the requirements of the Act, to grant the relief requested by the City. She provided a proposed replacement for the current Schedule B to the DC By-law (Attachment 1), which implements the proposed rates based upon the changes agreed to pursuant to the settlement between the Parties. She further confirmed that no other amendments to the DC By-law would be required to implement the settlement.
6There are four categories in which adjustments have been made, resulting in a reduction to the residential and non-residential development charges rates. Those adjustments are as follows:
- a general adjustment to the treatment of negative reserve fund balances for General and Engineered Services, to ensure the costs associated with those negative reserve balances were not double-counted in the DC rate calculation;
- a reduction in the gross floor area of the Downtown Library Branch from 46,000 to 41,937 square feet;
- a decrease in the cost assumptions for Environmental Assessment Studies, detailed design, contract administration/inspection and city project management (as summarized in Table 1 of Exhibit 1); and
- an increase to the overall benefit to existing share for road projects within the Former Boundary area from 15 to 20 per cent (as summarized in Tables 2 and 3 of Exhibit 1).
7The City submits that granting the requested relief is in the public interest, as it provides certainty in respect of the application of development charges in the City. It was explained that, should the Tribunal grant the requested relief, the Act provides for refunds, with interest, to those who have previously paid development charges under the DC By-law. For those who have not yet paid, the Act provides that their payments will be in accordance with the reduced rates set out in the proposed amendments.
8Based on the uncontradicted evidence of Ms. Hall and the submissions of the City, the Tribunal is satisfied that the proposed amendment to the DC By-law is appropriate and in conformity with the Act.
ORDER
9THE TRIBUNAL ORDERS that the appeals are allowed, in part, and the City of Barrie Development Charge By-law No. 2023-74 is hereby amended by deleting Schedule B (Residential and Non-residential Development Charges), which shall be replaced with Attachment 1 to this Order.
10In all other respects, the appeals are dismissed.
“S. Braun”
s. braun
vice-chair
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
ATTACHMENT 1