Report to: General Committee Report Date: August 18, 2008

SUBJECT: Development Charge By-law Repeal

PREPARED BY: Kevin Ross, Ext 2126

RECOMMENDATION:

THAT the report on the “Development Charge By-law Repeal” be received;

THAT Council approve, with immediate effect, the repeal of Area Specific development charge by-law number 2004-224 for Buttonville North – Area 3A;

THAT Council approve, with immediate effect, the repeal of Area Specific development charge by-law number 2004-229 for Woodbine North – Area 12;

THAT Council approve, with immediate effect, the repeal of Area Specific development charge by-law number 2004-230 for Shouldice – Area 21;

THAT Council approve, with immediate effect, the repeal of Area Specific development charge by-law number 2004-231 for Mount Joy – Area 23;

THAT Council approve, with immediate effect, the repeal of Area Specific development charge by-law number 2004-232 for Cornell – Area 41;

THAT Council approve, with immediate effect, the repeal of Area Specific development charge by-law number 2004-235 for Markham Centre-Cox – Area 42B.1;

THAT Council approve, with immediate effect, the repeal of Area Specific development charge by-law number 2004-237 for Markham Centre-IBM – Area 42B.3;

THAT Council approve, with immediate effect, the repeal of Area Specific development charge by-law number 2004-240 for Markham Centre-Remington – Area 42B.7;

THAT Council approve, with immediate effect, the repeal of Area Specific development charge by-law number 2004-243 for Greensborough – Area 43;

THAT Council approve, with immediate effect, the repeal of Area Specific development charge by-law number 2004-244 for Box Grove – Area 44B;

THAT Council approve, with immediate effect, the repeal of Area Specific development charge by-law number 2004-246 for Berczy – Area 45B;

THAT Council approve, with immediate effect, the repeal of Area Specific development charge by-law number 2004-248 for Angus Glen – Area 47A; and

THAT Staff be authorized and directed to do all things necessary to give effect to this resolution.

EXECUTIVE SUMMARY:

Not applicable. 

PURPOSE:

The purpose of this report is to obtain Council’s approval to repeal twelve (12) area specific development charge (ASDC) by-laws that should no longer be in force following the approval, by Council, of the new ASDC and Town Wide Hard (TWH) by-laws on June 24^th, 2008.

BACKGROUND:

The new area specific development charge by-laws were approved by Council following a number of General Committee presentations and detailed discussions between Town staff and the development industry. With the passage of the new development charge by-laws in June 2008, all ASDC by-laws that were replaced with new ones were repealed, however those that were not replaced were not repealed and therefore still remain in force. Staff is now seeking Council approval to repeal these bylaws which fall into two categories, (a) areas where all projects were transferred from ASDC to TWH and (b) areas with ASDC’s that are no longer necessary, with the agreement of the Developers/Group.

Areas with all projects transferred to Town Wide Hard

The development industry was advised that there were areas that would no longer have ASDC’s following the implementation of the Town’s new policy to transfer costs from ASDC to TWH based on internally developed criteria. As a result of the transfers of projects from area specific to TWH, ten (10) areas that had ASDC charges under the 2004 by-laws saw all their projects being transferred to TWH and hence no future charges are applicable. These areas are:

1) Buttonville North – Area 3A

2) Woodbine North – Area 12

3) Shouldice – Area 21

4) Mount Joy – Area 23

5) Cornell – Area 41

6) Markham Centre-Cox – Area 42B.1

7) Markham Centre-IBM – Area 42B.3

8) Markham Centre-Remington – Area 42B.7

9) Box Grove – Area 44B

10) Berczy – Area 45B

Areas with calculated Area Specific Development Charges

There were two areas in which ASDC’s were calculated but the Town was requested not to pass by-laws by the respective developers. These areas are:

1) Area 43 – Greensborough: As per letter dated May 14, 2008 from SCS Consulting Group Ltd., representing the Greensborough Landowners Group (see attached), it was requested that the Town consider eliminating this ASDC as the costs included were being carried in the Developers Group cost sharing agreement.

2) Area 47A – Angus Glen: As per letter dated June 6, 2008 from Angus Glen Development Ltd. (see attached) it was requested that the Town consider eliminating this ASDC as all the projects are included in a credit agreement, which means the Town will specifically be levying a development charge for the sole purpose of giving an equivalent DC credit.

No new (2008) by-laws were passed for the areas above and it is recommended that they be repealed, with immediate effect, consistent with the discussions and presentations undertaken by staff with the development industry.

Appeal of 2008 Development Charge By-laws

The Development Charges Act, 1997 allows a period of 40 days for the appeal of by-laws approved by Council, starting the day after the by-law is passed. The Town issued the required notice of the passage of the development charge by-laws via the Markham Economist & Sun on July 3, 2008 and the Town’s website, advising persons or organizations that they had until no later than August 5^th, 2008 to file an appeal to the 2008 development charge by-laws. The Town has received no notice of appeals to the recently passed development charge by-laws.

OPTIONS/DISCUSSION:

Not applicable.

FINANCIAL CONSIDERATIONS

Not applicable.

ENVIRONMENTAL CONSIDERATIONS:

Not applicable.

ACCESSIBILITY CONSIDERATIONS:

Not applicable.

ENGAGE 21^ST CONSIDERATIONS:

Not applicable.

BUSINESS UNITS CONSULTED AND AFFECTED:

Legal Services Department.

RECOMMENDED BY:

________________________ ________________________

Barb Cribbett Andy Taylor

Treasurer Commissioner, Corporate Services

Att: Letter from SCS Consulting

Letter from Angus Glen Development Ltd.