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Developer seeks same treatment received in Oro-Medonte on fees

When Tay Township developer built Apple Blossom Village autism care facility in Oro-Medonte, he says municipality waived development charges
2020-03-17-Tay-Township
Tay Township municipal offices located at 450 Park St. in Victoria Harbour. Staff photo/MidlandToday

Tay Township staff will be exploring development charges related to the Cherry Blossom Farm project at 3100 Triple Bay Rd., following a request by the owner to waive and refund the fees.

During the recent council meeting, a delegation by property owner Howard Bloom of the Blossom Group and project planner Larry Dennis informed council of a misunderstanding with an unexpected $300,000 price tag.

“We previously built a facility like this in Oro-Medonte called Apple Blossom Village,” said Bloom, “and we provide care and housing for people with autism in the township.

“When we built that project, the township waived their development charges,” Bloom added. “Before buying the property here on Triple Bay Road, and a number of times throughout the development of the Cherry Blossom Farm project, we inquired both with (current) and previous staff on your bylaws and processes around these development charges (and were told and understood) that we would not be paying development charges for this project.”

Bloom noted that through a fixed project budget, “we don’t have budget allocated” for the $300,000 development fee; the amount was paid last week combined with a building permit for a $480,000 amount which Bloom called “significant”, and “too late and not fair.”

Dennis shared his perspective from over 30 years of experience, and called Tay’s development charges bylaw “ambiguous” as Cherry Blossom Farm didn’t easily fit into the term for institutional, industrial or commercial. 

“I think the principle, the idea or intent, of the bylaw, is to promote development in your community,” stated Dennis. “I think when you look at the benefits of this particular use coming to your community where you’ve got $14 million of expenditure and 200 jobs, the long-term spending spinoffs from that, and the (long-term) collection of municipal taxes, I think they’re going to recover in spades what you would having to charge this project.”

The pair made the argument that places of worship were exempt from development charges, and as Bloom noted: “It’s logical to infer that the intent is to exempt institutional projects since they are not contemplated by the bylaw.

“We respectfully request that our project be considered as exempt as an industrial development,” Bloom concluded.

He later added that should the outcome be in their favour and fees not only get waived but also refunded, that they would be seeking a similar outcome from the county for returned costs.

Mayor Ted Walker thanked the pair for the deputation and cautioned that council would have to be careful regarding waiving fees, as the municipality would have to pay that $300,000 cost. He spoke to the requirement of a staff report for further details.

“We do want to stress how proud we are to have that facility in the township,” Walker told Bloom and Dennis, noting councillors visited Apple Blossom Village prior to the pandemic. “I was very impressed with the facility there, and this one seems that it’s going to be even bigger than that.”

Later in the council meeting, members discussed the delegation and agreed on a future staff report. Coun. Sandy Talbot asked if Cherry Blossom Farm was an institution or a business, with Walker replying that while the residence was institutional, the core model was that of a business.

“We’re finding so many (care facilities) now where specialized medical is being farmed out, and if it wasn’t for facilities like there where would the residents be?” mused Walker. “I do know the province is very much behind the project and that’s why they got through the (minister’s zoning order).”

Councillors Paul Raymond and Gerard LaChapelle were in agreement that further examination of the development charges bylaw regarding such ambiguity would be a good idea.

Walker took in the many questions of council to staff and summarized their caution on the matter. “That’s why there’s no way we can give Dr. Bloom an answer tonight, because we have to be diligent as to how we handle this,” he said.

Information on the current development charges bylaw can be found on the planning and zoning page of the township website.

The delegation letter from Cherry Blossom Farm can be found in the council agenda on the Tay Township website.


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Derek Howard, Local Journalism Initiative Reporter

About the Author: Derek Howard, Local Journalism Initiative Reporter

Derek Howard covers Midland and Penetanguishene area civic issues under the Local Journalism Initiative, which is funded by the Government of Canada.
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