York development charges appeal allowed

NRU
July 19, 2017

In a July 12 decision, board vice-chair Jan de Pencier Seaborn allowed an appeal by 1938388 Ontario regarding development charges levied by York Region in relation to 1938388’s new luxury car dealership in the City of Vaughan.

1938388 is in the midst of relocating its business, Grand Touring Automobiles, to 230 Sweetriver Boulevard, where it will occupy a 3,831 m2 two-storey building with a basement. The region levied $1,611,817.68 in development charges, which 1938388 paid under protest, while seeking a refund of $406,589.

Under York Region’s DC by-law, parking spaces are not subject to development charges. Thus 1938388 maintained that the region erred in its calculation of development charges by including 26 basement parking spaces required to achieve zoning compliance.

The region’s position was that the entire basement, including the 26 parking spaces to meet zoning requirements and the14 surplus tandem parking spaces, had been properly assessed under the DC by-law and that no refund is due.

Planner Lindsay Dale-Harris (Bousfields) and economist Jeannette Gillezeau (Altus Group) provided evidence on behalf of 1938388 in support of its appeal. They testified that 26 of the basement parking spaces are required to meet the zoning standard, and that they should not be included in the development charge calculation. They explained that the surplus basement parking not required for zoning compliance is appropriately assessed for development charges. They concluded that 1938388 is seeking a refund only for the basement parking required to satisfy the zoning requirements.

York region development financing-controllership office manager Fabrizio Filippazzo provided evidence in the areas of land use planning and development charges, in opposition to the appeal.

He testified that none of the basement parking should be exempt from the DC by-law as it is not readily accessible to the public and will be primarily used for back-of-house functions.

The board agreed with Dale-Harris and Gillezeau and found that the GFA associated with the belowgrade spaces required for parking compliance should be deducted from the development charge calculation. The board allowed 1938388’s appeal and ordered a refund of $406,589 plus interest.

Solicitors involved in this decision were Jason Park and Samantha Lampert (Devine Park) representing 1938388 Ontario Limited and regional solicitors Gabe Szobel and Bola Ogunmefun representing York Region. [See OMB Case No. DC160013.]