Council Special

That Council Agenda CL 12-2025, BE ADOPTED

That Report PDS 36-2025, dated August 21, 2025, respecting Development Charges Complaint – 7874 Blackburn Parkway, Niagara Falls (1769806 Ontario Limited), BE RECEIVED and the following recommendation BE APPROVED: 1. That the complaint filed by 1769806 Ontario Limited with respect to Regional Development Charges payable pursuant to Section 20 of the Development Charges Act, 1997, for the proposed development on the property located at 7874 Blackburn Parkway, Niagara Falls BE DISMISSED. 5.1.1 Complaint Overview Paul DeMelo, Kagan Shastri DeMelo Winer Park LLP, External Legal Counsel Paul DeMelo, Kagan Shastri DeMelo Winer Park LLP, External Legal Counsel, provided an overview of the complaint as outlined in the staff report respecting the application and interpretation of “industrial use” under the Region's Development Charges By-law and Council’s legal authority under the Development Charges Act. Mr. DeMelo advised that he was in agreement with staff's determination that the portion of the land at 7874 Blackburn Parkway, that was the subject of the complaint, does not meet the definition of “industrial use” in the Region's Development Charges By-law, consistent with a recent Ontario Land Tribunal decision and the complaint should be dismissed. Special Regional Council Opens Session Minutes CL 12-2025 August 21, 2025 Page 4 5.1.2 Tom Richardson, Sullivan Mahoney LLP, on behalf of 1769806 Ontario Limited Tom Richardson, Sullivan Mahoney LLP, appeared before Council, on behalf o

That Report PDS 36-2025, dated August 21, 2025, respecting Development Charges Complaint – 7874 Blackburn Parkway, Niagara Falls (1769806 Ontario Limited), BE RECEIVED and the following recommendation BE APPROVED: 1. That the Complaint filed with respect to Regional Development Charges payable pursuant to Section 20 of the Development Charges Act, 1997, for the property located at 7874 Blackburn Parkway, Niagara Falls (the “Subject Lands”), BE ACCEPTED by Regional Council and that the Subject Lands BE APPROVED for an Industrial Use Development Charges Grant in the amount of $298,988.79.

That Report PDS 37-2025, dated August 21, 2025, respecting Development Charges Complaint – 122 Cushman Road, St. Catharines (TSL Cushman LP), BE RECEIVED and the following recommendation BE APPROVED: 1. That the Complaint filed with respect to Regional Development Charges payable pursuant to Section 20 of the Development Charges Act, 1997, for the property located at 122 Cushman Road, St. Catharines BE DISMISSED. 5.2.1 Complaint Overview Paul DeMelo, Kagan Shastri DeMelo Winer Park LLP, External Legal Counsel Paul DeMelo, Kagan Shastri DeMelo Winer Park LLP, External Legal Counsel, provided an overview of the complaint respecting the calculation of development charges and application of the Region's Development Charges By-law with respect to five storage buildings being developed on the subject lands at 122 Cushman Road, in the City of St. Catharines, as outlined in the staff report. Mr. DeMelo advised that, as this is a multi-phase development project, each phase is considered to be a separate development and in order to be eligible for the development charges rate freeze under the Development Charges Act, building permits would have had to be issued within twenty-four months of the site plan approval date. Since this was not the case and Council does not have authority to change the legislative timeframe, the development charges for these five buildings were calculated based on the rate in effect on the day that each of the building permits were issued. Special Regional Cou

That Report PDS 37-2025, dated August 21, 2025, respecting Development Charges Complaint – 122 Cushman Road, St. Catharines (TSL Cushman LP), BE RECEIVED and the following recommendation BE APPROVED: 1. That the Complaint filed with respect to Regional Development Charges payable pursuant to Section 20 of the Development Charges Act, 1997, for the property located at 122 Cushman Road, St. Catharines (the “Subject Lands”), BE ACCEPTED by Regional Council and that a refund of Regional Development Charges paid in the amount of $332,061.87, BE APPROVED.

That Memorandum CL-C 44-2025, dated August 21, 2025, respecting Funding Source of Industrial Use Development Charge Grant and Other Development Charge Incentives, BE RECEIVED for information.

That Bill 2025-42, being a by-law to adopt, ratify and confirm the actions of Regional Council at its special meeting held on August 21, 2025, BE NOW READ and DO PASS.