Request for Planning Fees Reduction

for Part Lot Control Applications

 The East York Community Council recommends as follows:

 (1)the adoption of the following report (April 21, 1998) from the Commissioner of Development Services, East York; and

 (2)the adoption of the amendments to the report (April 21, 1998) from the Commissioner of Development Services, East York, as outlined in the following supplementary report (April 29, 1998) from the Commissioner of Development Services, East York:

 Purpose:

 This report to the May 6, 1998 meeting of the East York Community Council responds to Council`s request that Planning Staff:

• detail the costs incurred with respect to the development at 870 Pape Avenue; and

• compare the application fees charged by the former Borough of East York to those that will be charged by the City of Toronto under the newly approved application fee schedule, and do this comparison for the 870 Pape Avenue and other applications which are requesting a fee refund;

Recommendation:

 That the East York Community Council direct municipal staff to:

1. prepare an amendment to the former Borough of East York fee by-law # 87-92 to enable the application processing fees for the removal of part lot control application by Cohen and Alter Developments Inc. for 870 Pape Avenue to correspond to the fees that have been approved but not yet implemented by the City of Toronto;

1. refund Inaugural Developments Inc. the portion of the fees which exceeds the new fees set by the City of Toronto, for their recent application for the removal of part lot control at 141 Cedarvale Avenue.

 and,

 iii)prepare an amendment to the former Borough of East York fee by-law #87-92 to enable the application processing fees for the removal of part lot control application by Oxford Hills Inc. for 930-952 Millwood Road to correspond to the fees that have been approved but not yet implemented by the City of Toronto.

 Background:

Development Costs:

 The following chart details the application costs incurred by Cohen and Alter in processing their various applications for a 78 unit housing development at 870 Pape Avenue:

 TABLE 1

* Includes legal, architectural and engineering consultants.

 Discussion:

 On April 1, 1998 East York Community Council received a delegation from Mr. H. Cohen, on behalf of Cohen and Alter Developments Inc. requesting that Council authorize a reduction to the currently applicable application fees for their impending application for the removal of part lot control at 870 Pape Avenue. Based on the former Borough=s application fees schedule (see attachment 1), these fees would amount to $77,000.00. This is in addition to the fees already paid by this developer for the processing of their Official Plan and Zoning By-law amendment, and Plan of Subdivision and Site Plan approvals (see Table 1 above) .

 Staff advised during the April, 1, 1998, East York Community Council meeting that there may be merit in Mr. Cohen=s request. This is because when these fees were set it was not anticipated that a proposal of this magnitude would be processed via removal of part lot control. Normally, removal of part lot control is done for much smaller projects, typically consisting of no more than 20 lots. The cost of this type of application is set at the same level (i.e. $1,000.00 per lot) as that of a severance since the end result of both is exactly the same.

 The creation of new lots is typically handled as part of plan of subdivision approvals without any additional charges. Cohen and Alter chose to get subdivision approval for blocks only. They now have to break the blocks down into lots through the removal of part lot control process.. Thus they are faced with this additional substantial cost.

 The new City of Toronto fee schedule requires payment of a Abase fee@ of $1,800.00 and a processing fee of $200.00 for each new lot. City Council also added a surcharge of 7% for the recovery of costs incurred by the City=s Legal department and a surcharge to recover costs of notice circulation incurred by the Clerk=s department. Thus the new fees for this proposal would amount to $17,200.00 to cover planning fees, and $1,204.00 to cover legal fees for a total of $18,404.00. This will save Cohen and Alter some $58,596.00. (There is no requirement for circulation, thus presumably the Clerk will not require any additional funding).

 These new fees are anticipated to come into effect within the next several months (i.e. as soon the City=s planning staff prepares a consolidated fee schedule and the former municipal fee by-laws are repealed by Council). This being the case, Staff believe that it is appropriate to apply these fees ahead of that time. This can be accomplished in the interim, via an amendment to the former Borough of East York fee by-law.

 We have also recently processed a part lot control removal application by Inaugural Source Inc. for their proposal at 141 Cedarvale Avenue. They submitted their application in the latter part of 1997 in order to avoid potential delays anticipated as a result of amalgamation. They did this at Planning Staff`s advice. The cost they incurred for that application=s processing was $13,000.00. Inaugural Source Inc. have also requested that these fees be either refunded or lowered.

 We believe that this request should be considered in the same light as that made by Cohen and Alter. Removal of part lot control need not be done until the project is under construction and Inaugural Source Inc., like Cohen and Alter could have delayed their application until that time. The fee that would apply to their application under the new fees set by the City of Toronto is $4,708.00. This is $8,292.00 less than that charged by the former Borough and if Council considers their request to be valid, this is the sum of money that should be refunded.

 Conclusion:

 Staff are of the opinion that the new application fees set by the City of Toronto are appropriate. If Council concurs, Staff should be directed to prepare a fee by-law amendment and forward it for approval by the City of Toronto Council.

 As regards the request by Inaugural Source Inc., Staff are of the opinion that they should be accorded the same consideration as Cohen and Alter. Thus we are recommending that Council authorize an $8,292.00 refund of their fees.

 Staff note that a third application for part lot control exemption is imminent. It is about to be submitted by Oxford Hill Inc., for a 26 unit development at 930-952 Millwood Road. If Council approves this fee reduction for 870 Pape, the same consideration should also be given to 930-952 Millwood Road.

 Contact Name:

 Jean Besz,

Senior Planner - East York

(416) 778-2045

(416) 4669877

jbesz@borough.eastyork.on.ca

 Combined Applications to Amend

the Official Plan and the Zoning By-law

 Application Fee:$750

 Planning Processing Fee:

 Residential, except Apartments$200/residential unit to a maximum of $10,000

 Residential Apartments$100/residential unit to a maximum of $10,000

 Commercial or Industrial$1.00/m² of floor area to a maximum of $20,000

 Mixed Residential and Commercial$100/residential unit plus $1.00/m² of commercial floor area to a maximum of $20,000

 Institutional or Other$0.50/m² of floor area to a maximum of $10,000

 Minor Amendment$750

 Minimum Planning Processing Fee$750

 Applications for Municipal Review and Comments

 Draft Plan of Subdivision Approval for Condominium Registration

 Application Fee:$500

 Planning Processing Fee:

 Residential Condominium$50/unit to a maximum of $10,000

 Industrial or Commercial Condominium$200/unit to a maximum of $10,000

 Mixed Residential and Commercial$50/residential unit plus $200/

Condominiumcommercial unit, to a maximum of $10,000

 Minimum Planning Processing Fee$1,000

 Site Plan Development Applications

 Application Fee:$500

 Planning Processing Fee:

a)Residential:

New except ApartmentsThe greater of $5,000/ha or $100/residential unit,

to a maximum of $10,000

 New ApartmentsThe greater of $5,00/ha or $50/residential unit, to a maximum of $10,000

 Additions, Alterations, Conversions$500 plus tariff as above for each additional

Changes in Use or Otherresidential unit created

 Minor Revisions and Amendments to$500

site plan development agreement

 Minimum Fee$500

 b)Non-Residential

New Industrial or CommercialThe greater of $1.00/m² of floor area or $5,000/ha of site area, to a maximum of $10,000

 New InstitutionalThe greater of $0.50/m² of floor area or $2,500/ha of site area, to a maximum of $5,000

 Additions, Alterations, Conversions,$500 plus tariff as above for any additional

Changes in Use or Otherfloor area created

 Minor Revisions and Amendments to$500

site plan development agreement

 Minimum Fee$500

 c)Mixed Residential and Non-Residential

NewThe greater of $100/residential unit and $1.00/m² of commercial or industrial floor area, or $5,000/ha or site area, to a maximum of $10,000

 Additions, Alterations, Conversions,$500 plus tariff as above for any additional floor Change in Useareacreated

 Minor Revisions and Amendments to$500

site plan development agreement

 Minimum Fee$500

  Schedule of Fees

Applications to Amend the Official Plan Only

  Application Fee:$500

 Panning Processing Fee:

 Residential, Commercial or

Industrial$10,000/ha to a maximum of $20,000

 Institutional or Other$2,500/ha to a maximum of $10,000

 Minor Amendment$500

 Minimum Planning Processing Fee$500

 Applications to Amend the Zoning By-law Only

  Application Fee:$250

 Planning Processing Fee:

 Residential, except Apartments$200/residential unit to a maximum of $10,000

 Residential Apartments$100/residential unit to a maximum of $10,000

 Commercial or Industrial$1.00/m² of floor area to a maximum of $20,000

 Mixed Residential and Commercial$100/residential unit plus $1.00/m² of commercial floor area to a maximum of $20,000

 Institutional or Other$0.50/m² of floor area to a maximum of $10,000

 Minor Amendment$250

 Minimum Planning Processing Fee$250

 Applications for Municipal Review and Comments

 Draft Plan of Subdivision Approval

 Application Fee:$500

 Planning Processing Fee:$250/lot to a maximum of $10,000

 Minimum Planning Processing Fee$1,000

 Other Types of Applications

 Application For:

 a)Minor Variance under subsection

45(1) of the Planning Act

 I)Residential$175

ii)Other$450

 Plus $50 for each additional variance

required in the same application for

residential or other

 b)Permission under subsection 45(2) of

the Planning Act

 I)Residential$200

ii)Other$450

 Plus $50 for each additional permission

required in the same application for

residential or other

 c)Consent under Section 53 of the Act$1,000

 d)Removing of a Holding symbol$1,000

 e)Making a cash payment in lieu of$500

providing required parking

 f)Approval under Section 8 of the Rental$100/unit with a minimum of $500

Housing Protection Act, 1989to a maximum of $2,500

 g)Designation of Lands Not Subject to$1,000 per residential, commercial

Part Lot Control pursuant toand industrial unit

Subsection 51(7) of the Act

 The East York Community Council submits the following supplementary report (April 29, 1998) from the Commissioner of Development Services, East York:

 Purpose:

 This report revises the application fees figures quoted in Planning Staff >s April 21, 1998, report which among other matters compared the application fees charged by the former Borough of East York to those approved by the new City of Toronto.

 Recommendations:

 That the East York Community Council receive this report as information.

 Background:

 The report which staff prepared in response to East York Community Council=s directive that we respond to Mr. H. Cohen=s request for a reduction to the application fees charged under the former Borough of East York Planning Fees By-law #87-92, was prepared in advance of official communication regarding the City of Toronto Council=s decision on these fees. Consequently, the fees set out in that report are incorrect in that they indicate that the surcharge set by Council for legal services amounted to 7% rather than 7.5%.

 The following sets out the revisions to Staff=s April 21, 1998, report required to correctly reflect Council=s decision:

 Replace paragraph 1 on page 3 with the following new paragraph 1:

 AThe new City of Toronto fee schedule requires payment of a Abase fee@ of $1,800.00 and a processing fee of $200.00 for each new lot. City Council also added a surcharge of 7.5% for the recovery of costs incurred by the City=s Legal department and a surcharge to recover costs of notice circulation incurred by the Clerk=s department. Thus the new fees for this proposal would amount to $18,490.00 to cover planning and legal fees. This will save Cohen and Alter some $58,510.00. (There is no requirement for circulation, thus presumably the Clerk will not require any additional funding).@

 Replace paragraph 4 on page 3 with the following new paragraph 4:

 AWe believe that this request should be considered in the same light as that made by Cohen and Alter. Removal of part lot control need not be done until the project is under construction and Inaugural Source Inc., like Cohen and Alter could have delayed their application until that time. The fee that would apply to their application under the new fees set by the City of Toronto is $4,730.00. This is $8,270.00 less than that charged by the former Borough, and if Council considers their request to be valid, this is the sum of money that should be refunded.@

 Replace paragraph 6 on page 3 with the following new paragraph 6:

 AAs regards the request by Inaugural Source Inc., Staff are of the opinion that they should be accorded the same treatment as Cohen and Alter. Thus we are recommending that Council authorize an $8,270.00 refund of their fees.@

 Contact Name:

 Jean Besz

Senior Planner - East York

(416) 778-2045

(416) 466-9877

 Mr. John Alati, Davies Howe Partners, Toronto, appeared before the East York Community Council in connection with the foregoing.