September 3, 1998
To:North York Community Council
From:Bryan Tuckey
Director, Community Planning, North District
Subject:REPORT
ZONING AMENDMENT APPLICATION
PAT GIGLIO et al
25-35 Finch Avenue West, 5&9 Blakeley Road,
8-34 & 31-35 Lorraine Drive
Lots 4-9, 87, 89-97 and 109-111, Plan 3705
Ward 10 - North York Centre
UDZ-98-19
Purpose:
The purpose of this report is for Council to consider the applicant's requests to: 1) defer the balance of fees owing for the
above-noted application (in the amount of $20,210.00) until the end of this calendar year, and 2) process their zoning
amendment application within the North York Centre in the absence of a concurrent site plan application.
Recommendations:
It is recommended that:
(1)the applicant's rezoning amendment application not be received nor processed
(i)without the required fees and outstanding materials required for a complete zoning amendment application;
(ii)without a concurrent site plan application and required fees, containing sufficient detail to enable Master Site Plan
approval under Section 41 of the Planning Act;
Background:
Proposal:
The application proposes an amendment to the zoning by-law to permit high-rise apartment house dwellings and related
commercial uses in accordance with the North York Centre Secondary Plan (Schedule A).
As the applicants are a group of homeowners who are currently seeking a developer, they have not submitted a detailed site
plan, a site plan application, nor the required fees to process a zoning amendment application. A concept plan is attached as
Schedule B. It is their intent to secure a conceptual approval from the City to redevelop the site, as noted in their letter
attached as Schedule C. Detailed zoning information, a site plan application, and the balance of fees would be submitted
when the lands are acquired by a developer, which they expect could occur by the end of the calendar year.
Discussion:
As per Council policy, site plan applications are required to be processed concurrently with all North York Centre zoning
and/or Official Plan amendment applications.
With respect to fees, Section 69(1) of the Planning Act permits the council of a municipality, by by-law, to prescribe a tariff
of fees for the processing of planning applications. Section 69(2) of the Act states that notwithstanding the tariff of fees
prescribed, the council of a municipality, in processing an application may reduce the amount of, or waive the requirement
for, the payment of a fee where it would be unreasonable to require payment in accordance with the tariff.
In this case, the applicant has paid the base fee of $1290.00 for a zoning amendment application. Based on the proposed
gross floor area however, they would be required to pay the maximum fee of $21,500.00 plus the cost of advertising the
Statutory Public Notice and Notice of Passing of a By-law. The present outstanding balance is $20,210.00, plus an amount
to be determined for the giving of Notice.
In addition to the above matters, a number of other items are missing from the submitted zoning amendment application
including a detailed conceptual site plan, elevations and statistics; a boundary survey of the subject lands; and the consent
of all of the owners of lands included within the application. At the time of submission, not all owners had not consented to
the rezoning of their properties. The Department wrote letters to these people asking if they wished to give their consent for
such rezoning. To date, 3 of the 20 property owners have not consented to having their properties included in the rezoning.
It is premature to report on the application until a comprehensive land assembly has been achieved.
Until the application submission is complete, staff are not able to process the application. The applicant has been advised in
writing of these outstanding requirements. Our letter to them is attached as Schedule D.
Information received to date has been circulated to various city departments for their information.
City Wide Issues:
None.
Conclusions:
The applicant's requests to defer the payment of fees and not require a concurrent site plan application are not consistent
with Council policy and general practice. Payment of fees at the time of submission of an application is directly related to
the work involved in processing of an application, which begins immediately upon its receipt with the opening of the file
and its circulation to various departments and agencies for their comment.
Staff will work with the residents to help them in their pre-submission negotiations with a developer, and to assist in any
way possible to refine their preliminary concept and the land use issues which need to be settled to bring this proposal to
maturity. In the alternative, the applicant can pay the fees under protest and has a right of appeal to the Ontario Municipal
Board under Section 69(3) of the Planning Act to have the matter of the administrative fees arbitrated in that forum.
Concurrent site plan approval was approved as Council policy in order to establish at the time of rezoning, the level of
design detail needed to ensure conformity with urban design guidelines as set out in the Official Plan. This rationale is still
valid. It is recommended that a site plan application be submitted that would allow for a Master Plan level of detail as a site
plan approval. In this way, staff can report on matters of official plan policy conformity which the analysis of the site plan
application will achieve.
Contact Name:
Malini Rawal, Planner
Phone: 395-7118Fax: 395-7155
Bryan Tuckey
Director, Community Planning, North District
Schedules:
A. Zoning Map
B. Concept Plan
C. Letter from Lorraine Drive Residents Group
D. Letter from Planning Department to Lorraine Drive Residents Group
