August 30, 1999

 To:North York Community Council

From:Rob Dolan

Director

Community Planning, North District

Subject:REPORT

SITE PLAN APPLICATION

576807 Ontario Inc.

Y. Erez Architect

35-49 Bales Avenue

UDSP-99-100

WARD 10 - NORTH YORK CENTRE

 Purpose:

The purpose of this report is for Council to consider the applicant's request to defer payment of the Site Plan Approval Application fee to the time of the issuance of a building permit.

Recommendations:

It is recommended that:

(1)the applicant's request that their site plan approval application fee be returned and that the fee be deferred to the time of the issuance of a building permit, not be approved.

Background:

Proposal:

The applicant has submitted a site plan approval application for two residential buildings comprising 42,586 square metres and 458 dwelling units. The site is located in the Downtown of the North York Centre. The applicant has paid the required site plan application fee totalling $23,688.40 under protest and has requested that the money be returned and the fee be deferred to the time of building permit issuance.

Discussion:

The applicant submitted an Official Plan and Zoning By-law Amendment application in 1986 and paid a total of $1,000 for the required fees at that time. They have since appealed their applications and an OMB Prehearing on the appeals has been scheduled for September 14, 1999 with a full Hearing to be held November 22, 1999 for one week. In July of this year, the applicant submitted a site plan application without payment of the application fee. The site plan application is also to be part of the upcoming OMB Prehearing and Hearing. Staff advised the applicant that the site plan application was not complete without payment of the fee. Subsequently, the applicant has submitted the fee under protest and has requested that the money be returned and the fee be deferred to the time of the issuance of a building permit.

It has been Council policy that rezoning applications in the North York Centre are to proceed at the same time as the zoning by-law amendment application. In keeping with this practice, it is appropriate that the site plan application be processed at this time.

In their letter, the applicant indicates that their property has been expropriated by the City for a period of four years, with an option to renew the expropriation for an additional period of time, in order to provide parking to the Sun Life Willowdale Plaza site at Yonge Street and Sheppard Avenue during the construction of the Sheppard Subway. The applicant refers to a 1998 OMB Decision relating to the Seneca College site at 43 Sheppard Avenue East wherein the Board ruled that the Yonge Centre Development Charge may be paid prior to building permit issuance recognizing that the site is leased to the TTC until the end of the year 2001. While the situation relating to the TTC lease for the Erez site is similar to that of Seneca College, 576807 Ontario Inc. is seeking relief from an application processing fee and not development charges.

In the case of Seneca, the College requested relief from having to pay the Yonge Centre Development Charge at the time of zoning approval, to the time of building permit issuance. This charge is to finance the installation of public services necessary to serve development. In the case of the subject site, Mr. Erez has requested deferral of the site plan application fee to the time of building permit approval. The site plan application fee however, does not relate to the timing of construction of development or building permit issuance. Payment of fees at the time of submission of an application is 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.

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.

Conclusions

The applicant's request to defer the payment of the site plan application fee is not consistent with Council's policy for planning applications and general practice. Payment of fees at the time of submission of an application is related to the work involved in processing of an application. The applicant 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.

 Contact Name:

Nimrod Salamon, Senior Planner

North York Civic Centre

Telephone: (416) 395-7134

Fax: (416) 395-7155

Rob Dolan

Director

Community Planning, North District

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