November 12, 1998

To:Chairman and Members, Etobicoke Community Council

From:Karen V, Bricker, MCIP, Director, Community Planning, West District

Subject:Supplementary Report

Fieldgate Apartments

2 Triburnham Place

File No: Z-2255(Markland-Centennial)

Purpose:

To respond to requests from Etobicoke Community Council for additional information regarding the rezoning application by Fieldgate Apartments.

Funding Sources, Financial Implications and Impact Statement:

City funding is not required. There are no impacts on capital or operating budgets.

Recommendation:

It is recommended that this report be received for information, and that the conditions to approval outlined in the staff report dated September 16, 1998, be adopted.

Background:

Following a Public Meeting, held on October 14, 1998, Etobicoke Community Council recommended approval of the requested Official Plan Amendment to correct a technical mapping error in the Official Plan. The Community Council deferred consideration of the rezoning application until the reconvening of the Public Meeting on November 12, 1998. Community Council requested staff to bring forward a supplementary report, outlining the site's development history including Etobicoke Council's original consideration of the existing apartment development in 1965, specifically detailing landscape open space provisions, and any Ontario Municipal Board decisions pursuant thereto.

Comment:

Staff have reviewed the municipal historical records, and Ontario Municipal Board files, and submit the following chronology:

June 12, 1964Application submitted by D. R. Dyke Ltd. for amendment to the Zoning By-law to rezone said lands from Residential Second Density (R2) to Residential Fourth Density (R4) to permit the development of two, 10-storey apartment buildings containing 140 units.

February 16, 1965Planning staff report noted that the subject property formed part of a larger assembly which ultimately developed as a plan of subdivision (single family dwellings on Old Burnhamthorpe Road and the east side of Triburnham Place). The staff report further noted that the single family dwellings on the east side of Triburnham Place would form a buffer for the existing (R2) lands to the east. A similar buffer was not proposed at the rear of the existing (R2) properties on the Old Burnhamthorpe Road, instead the proposal included a 36 m (120 ft.) wide landscape open space separation. The report goes on to state that residents of the Old Burnhamthorpe Road block have consented to the project (Exhibit No. 1, original staff report map, 1965).

March 16, 1965A Public Meeting was convened to discuss the application. Planning Board approved an amended application which included, among other matters, that the site specific by-law provide for one, 10-storey apartment building, and a 36 m (120 ft.) landscaped area along the rear lot line of the lots fronting onto Old Burnhamthorpe Road. No objections were recorded.

May 18, 1965Planning Board was in receipt of a letter of objection submitted by the Bloordale Gardens Homeowners Association. The objection related to the prematurity of the zoning by-law being approved in advance of the approval of the comprehensive review and enactment of the Elmcrest Neighbourhood Official Plan (No. 162) of which these lands form a part.

June 7, 1965 Site Specific By-law No. 14,915 passed by Council.

October 15, 1965Ontario Municipal Board Hearing is held, presumably the Board agreed with the objection of prematurity and By-law No. 14,915 is dismissed .

January 17, 1966Planning Board does the following:

1)approves Elmcrest Neighbourhood Official Plan Amendment No. 162, and;

2)reaffirms its approval of the subject application and directs the Clerk to submit an application to the Ontario Municipal Board.

June 8, 1966A second Ontario Municipal Board Hearing is held, at which time By-law 14, 915 is approved as originally proposed at the Public Meeting of March 16, 1965.

Conclusion:

From the available information on file, it is evident that a landscape open space separation between the existing residences on Old Burnhamthorpe Road to the north of the subject lands and the apartment development, was a component of the approval of the original apartment development. This separation was provided for in the Site Specific Zoning By-law, but was not secured in any other manner to staff's knowledge.

Contact Name:

Paulo Stellato, MCIP, RPP Tel: (416) 394-6004

Planner, West DistrictFax: (416) 394-6063

Karen V. Bricker, MCIP

Director, Community Planning, West District