Gordon Prentice at Large - Politics in Newmarket
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- Written by: Gordon Prentice
The Town's planners have now confirmed that Bob Forrest "used the underground parking area as part of the calculation for land area."
On Monday 5 December 2016 The Council is expected to ratify the minutes of the Committee of the Whole on 28 November 2016 when Forrest's Clock Tower application was denied. See agenda item 8 here and scroll to minute 26.
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- Written by: Gordon Prentice
A belated round of applause for the seven Newmarket councillors who voted against Bob Forrest's Clock Tower application. The Mayor, Tony Van Bynen, who is now well past his sell-by-date, eccentrically voted in favour.
I say "eccentrically" because the Clock Tower, even to the untutored eye, was a truly massive development that would have loomed over the old downtown. If approved, the development would have had the greatest density in the whole of Newmarket with an FSI of 4.279, eclipsing even the highest buildings in the Yonge and Davis corridors. 
The Town's Secondary Plan, adopted in 2014, imposes a maximum FSI of 3.5 in the areas of high density (coloured orange on the Schedule, right). But there is, in addition, a discretionary maximum FSI of 4 with bonusing. This would be for major buildings of 20 storeys. So, in terms of density, the Clock Tower development would have dwarfed them all, squeezing the proverbial quart into a pint pot.
Even the 15 storey rental apartment building now going up at 212 Davis Drive comes in with an FSI of 1.836 and is deemed to be "medium density".
So what's the big deal about FSI?
According to planners from the City of Toronto Floor Space Index and Gross Floor Area
"are devised, in part, to regulate the size and massing of structures on a given lot".
To calculate the FSI the gross floor area is divided by the lot size.
According to the developers' own figures (in his Planning Rationale Report) the gross floor area is 11,059 sq m and the lot area is 2,655 sq m. This should give an FSI of 4.279.
But that is well above the 2.9 FSI which appears throughout Forrest's documentation.
Cheeky Boy!
It seems as if Forrest cheekily added the underground car parking area (1,183 sq m) to the surface lot (2,655 sq m) and came up with 3,838 sq m.
To calculate his bogus FSI he divides the Gross Floor Area 11,059 by 3,838 and gets an FSI of 2.88 which is the figure (2.9) he has been is relying on.
So Bob relies on the underground parking space - largely owned by the Town - to get his FSI down from an eye-watering density of 4.279 to the (relatively) more modest 2.9.
Sleight of hand
Yet no-one picked up on this sleight of hand. Not the so-called and much over-rated "heritage professionals" nor it seems our own planners. And this is despite the fact that the Town's own Secondary Plan (Office consolidation 25 October 2016. Section 6.4.5 xii) stipulates:
"The calculation of gross floor area shall not include the floor area of underground and above grade parking structures, bicycle parking, or public transit uses, such as stations or waiting areas."
Other major cities adopt the same approach.
Ottawa says the Gross Floor Area means the total area of each floor whether located at or below grade... but excluding:
(c) bicycle parking, motor vehicle parking or loading facilities.
Magic Box
I may have missed something and got this completely wrong. There may be a straightforward explanation. Perhaps there is some trick in the planners' magic box of which I am unaware. Maybe it's "density transfer" or some other hocus-pocus. I am not a professional planner, nor am I a conjurer.
I have asked the Director of Planning, Rick Nethery, to tell me how he verified Bob's FSI of 2.9
I hope to hear an explanation at the Council meeting on Monday (5 December) when the Clock Tower decision will be ratified by the full Council.
- Details
- Written by: Gordon Prentice
The much anticipated action for defamation brought by Maddie "death stare" Di Muccio against Regional Councillor John Taylor will come to trial on Wednesday 7 December 2016 at the Small Claims Court in Eagle Street, Newmarket. 
On 26 October 2016 the fragile Di Muccio dropped her libel action against Taylor. She says in an affidavit lodged with the Court:
"Even though I assert that the Defendant's comments published in the Newmarket Era were libellous I do not believe my complaint would be successful due to the Limitations Act."
Instead Di Muccio claims Taylor is guilty of
"misfeasance and malfeasance of public office, abuse of power, targeted malice, intentional infliction of mental suffering and injurious falsehoods, breach of confidence and breach of privacy."
Wow!
This guy Taylor sounds like a real monster!
In a delightful twist to the tale, Di Muccio has cited the 2012 case of Morris v Johnson "et al" which she believes is relevant.
The "et al" in the case citation above includes a certain William "Bill" Hogg.
Bill Hogg is, of course, seeking the nomination to run for the Progressive Conservatives in Newmarket-Aurora in the next Provincial election in 2018. Also vying for the nomination is the irrepressible Matilde Di Muccio whose vaulting ambition knows no bounds.
Di Muccio was blocked from contesting the nomination in 2014 by former PC leader, Tim Hudak, on the grounds that she didn't cut the mustard.
I may see the diligent Bill Hogg in Court, making notes.
If so, he too will get the death stare.
Guaranteed.
Note: Get briefed for the big event here.
The earlier trial date, set for 28 October 2016, was postponed as Taylor was unwell.