HomeMy WebLinkAboutCRPS-05-013 - Appeal to OMB of Development Charges By-law - 100 Washburn Drive
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Report To:
Date of Meeting:
Submitted By:
Prepared By:
Ward(s) Involved:
Date of Report:
Report No.:
Subject:
Mayor Zehr and Members of Council
January 17, 2005
Lesley J. MacDonald, City Solicitor
Fiona M. McCrea, Assistant City Solicitor
All
January 12, 2005
CRPS-05-013
Appeal to the Ontario Muncipal Board of Development
Charges By-law by 1090504 Ontario Inc. (100 Washburn
Drive, Kitchener)
RECOMMENDATION:
That Council consents to an Order by the Ontario Municipal Board amending the City of
Kitchener Development Charges By-law (By-law No. 2004-156) by deleting the definition of
"existing industrial building" at section 1 (i) and replacing it with the following definition:
"1 (i) "existing industrial building" means a building or buildings existing on a site in the
City of Kitchener on January 1, 1999 or the first building or buildings
constructed and occupied on a vacant site pursuant to site plan approval
under section 41 of the Planning Act, R.S.O. 1990, c.P.13 (the "Planning
Act") subsequent to January 1, 1999 for which full development charges
were paid, and is used for or in connection with,
(i) the production, compounding, processing, packaging, crating,
bottling, packing or assembling of raw or semi-processed goods or
materials in not less than seventy-five per cent of the total gross floor
area of the building or buildings on a site ("manufacturing") or
warehousing;
(ii) research or development in connection with manufacturing in not less
than seventy-five percent of the total gross floor area of the building
or buildings on a site;
(iii) retail sales by a manufacturer, if the retail sales are at the site where
the manufacturing is carried out, such retail sales are restricted to
goods manufactured at the site, and the building or part of a building
where such retail sales are carried out does not constitute greater
than twenty-five per cent of the total gross floor area of the building or
buildings on the site; or
(iv) office or administrative purposes, if they are,
(1) carried out with respect to manufacturing or warehousing; and
(2) in or attached to the building or structure used for such
manufacturing or warehousing;"
In the alternative, Council consents to an Order of the Ontario Municipal Board ordering
Council of the City of Kitchener to amend its Development Charges By-law (By-law No.
2004-156) by deleting the definition of "existing industrial building" in section 1 (i) and
replacing it with the aforesaid definition.
REPORT:
1090504 Ontario Inc. appealed the City of Kitchener Development Charges By-law (By-law No.
2004-156) on several grounds. The outstanding issue to resolve their appeal lies in the
definition of "existing industrial building" which was changed from the previous Development
Charges By-law (By-law No. 99-106). Staff are recommending that the 2004 Development
Charges By-law be amended to replace the definition of "existing industrial building" in Section
1 (i) with the same definition used in the 1999 Development Charges By-law to resolve this
outstanding appeal
COMMUNICATIONS:
The recommendation was discussed with members of the staff Development Charges Study
Team who all concur.
Fiona M. McCrea
Assistant City Solicitor
c.c. Carla Ladd, CAO
Pauline Houston, City Treasurer
Jeff Will mer, Director of Planning
Robert Shamess, Director of Engineering
Larry Masseo, Manager of Development & Design
Mike Seiling, Supervisor of Permits
Ruth-Anne Goetz, Budget Analyst