Get ready for another lesson in the use of council authority and discretion when they sit again as a tribunal for this meeting of city council. This one may have some long-term implications and may even establish a precedent as a developer is seeking relief from the DCs, they say, may hold up an important project. Did we mention that this project is a student residence? Let’s set up the meeting in this council preview…
NOTE #1: Since this is an instance where council is meeting as tribunal, there will be no opportunity to delegate for members of the public.
NOTE #2: In addition to meeting in-person, this meeting will also be live-streamed on the City of Guelph’s website here.
Public Meeting to Hear Complaint Under Section 20 of the Development Charges Act, 1997 – Once again, Guelph city council will be asked to sit as a tribunal to determine whether or not development charges were right and properly applied. This question was previewed last November at a planning meeting when a lawyer for the property owner of 601 Scottsdale Drive petitioned that they did not need to pay DCs on this project. Council, at the time, disagreed. Will they still?
According to a letter from Goodmans LLP, the law firm representing the developer Forum 601 Scottsdale LP, this project should be exempt from DCs because it’s on University of Guelph land, and leased through the U of G for the purposed building of a student residence meant for the exclusive use of U of G students. Although this a private company, Goodman is making the case that this project falls under provincial allowed exemptions to the DCs.
With a pressing need for more housing explicitly geared to students, there’s also a tacit threat in the letter. “We require certainty now that Development Charges are not applicable. The project cannot proceed until such confirmation is provided because the project is not viable should Development Charges be imposed.” So to put this another way: No DC exemption, no Alma phase 2. Council will ultimately decide.
Guelph Politico 