4.LEVY SITE (RIVERBOAT LANDING), 1400 WESTON ROAD

REQUEST FOR REACTIVATION OF

THE WESTPOINTE ADVISORY COMMITTEE, Ward 27, York-Humber.

 George McQ. Bartlett - Solicitor, York Civic Service Centre

(May 14, 1998)

 Purpose:

 This report responds to the request of the York Community Council for a report on the history of the Levy Site, the status of the current application and any legal implications of the request for reactivation of the Westpointe Advisory Committee.

 Funding Sources, Financial Implications and Impact Statement:

 There are no financial implications.

 Recommendation:

 It is recommended that the Westpointe Advisory Committee not be reactivated at the present time.

 Council Reference/Background/History:

 After the Second World War 1400 Weston Road was used by Levy Industries for the repair and storage of surplus vehicles, parts and equipment. Township of York general Zoning By-law No. 15955 designated the lands M(Manufacturing) District. In or about May 1978, the Official Plan designation applying to the lands was changed to Medium Density Residential, with two parts of the site being designated as Public Open Space. At that time the lands were also rezoned R2 Residential District. However, the Levy Industries operation continued as a legal non-conforming use.

 On September 20, 1988 City of York Council enacted By-law No. 1452-88 which effected the present zoning applicable to the lands. At the same time, Council adopted a resolution providing for the creation of the Westpointe Advisory Committee. The Committee was Aestablished to observe, and provide input on such matters as the planning and use of public amenity space, environmental concerns, open-space planning and any other areas deemed pertinent by Council@.

 The Westpointe Advisory Committee had its first meeting on January 17, 1989. At that time it was established with the following individuals and representatives of the following corporations/organizations as members:

 Facelle Co. Ltd.

Westpark Hospital

Foresight Group

Emmett Ave. Sub-Committee

Mt. Dennis Community Assoc.

York Federation of Ratepayers

Weston B.I.A.

Weston Residents & Ratepayers Assoc.

Alderman - Ward 6, Ward 7 & Mayor=s office

Developers - Cresson Corp. & M & C Developments

 The quorum for meetings was set at 5 members. At this first meeting, then Mayor Fergy Brown confirmed Council=s wish to have input from a broad spectrum of the community as represented on the Advisory Committee.

 The Terms of Reference as adopted by the Advisory Committee are set out in Appendix I to this report. They were approved by Council with one amendment on February 20, 1990. The amendment was that the staff of the Planning and Economic Development Department would liaise with the Westpointe Advisory Committee as and when necessary.

 The Advisory Committee held regular meetings between January 1989 and January 1992. It appears that when construction in the subdivision did not proceed because of lack of sales activity, the interest in Committee meetings waned. From records in the Clerks office it appears that there was no quorum for meetings on February 25, 1992 and March 31, 1992 and that there were no subsequent meetings. From the minutes of Committee meetings, it appears that there were also some conflicts between members on the Committee.

 In June 1997, the lands in the subdivision were sold by the Bank of Montreal, the mortgage holder on the property, to B.G. Schickendanz Central Inc. Schickendanz has now obtained Site Plan approval for buildings on Block 1, part of Block 2 and part of Block 5 and is proceeding expeditiously with construction of residential buildings on those blocks.

 Comments and/or Discussion and/or Justification:

 Given the stage of development within the subdivision and past actions of the Westpointe Foresight Group, it is questionable whether it is advisable to reactivate the Advisory Committee at this time.

 The September 20, 1988 resolution of Council and the Terms of Reference set out in Appendix I to this report clearly express the primary mandate of Westpointe Advisory Committee as being in relation to impacts of the development which extended outside the subdivision - such as public amenities, traffic, schools and environmental concerns. However, at the present time the new owner of the blocks within the subdivision is proceeding with site plan approval and building permit applications on individual blocks. Under the Planning Act and the Building Code Act there is no provision for public input in relation to either site plan approval or building permit applications. The latter is statutorily an administrative responsibility to the Chief Building Official and Council has delegated the former to the Commissioner of Development Services.

 The present request for the reactivation of the Westpointe Advisory Committee is from Ms. Ella Jackson as Chair of the Westpointe Foresight Group. In her April 6, 1998 letter Ms. Jackson refers to planning and legal costs incurred by the Westpointe Foresight Group. While some of those legal and planning costs may relate to other matters, a significant portion likely relate to actions taken by Ms. Jackson and the Foresight Group in relation to a strip of land described as a A40 foot road@ lying to the south and east to the Board of Education=s Clouston Avenue school site.

 Subsequent to the incorporation of the Westpointe Foresight Group on March 12, 1987, Ms. Jackson and the Westpointe Foresight Group were parties to a number of documents registered against the title the 40 foot road. On June 22, 1988 a deed conveying the 40 foot road from the Westpointe Foresight Group to itself was registered as Instrument No. TB515078. Ms. Jackson was the only person signing on behalf of the corporation. On October 11, 1988, shortly after Council passed By-law No. 1472-88, a correcting deed from the Westpointe Foresight Group to itself was registered. Again, Ms. Jackson was the only person signing the instrument. On September 11, 1989 a declaration of Ms. Jackson was registered in the Land Registry Office as Instrument No. TB633918. In this declaration she claimed an ownership interest in the 40 foot road based on using it for nature walks and study over a ten-year period. On that same date, a quit claim was registered by which Ms. Jackson=s interest in the land was given to the Westpointe Foresight Group.

 A small portion of the public road serving the Levy Site subdivision was constructed on the A40 foot road@ adjacent to the Clouston Avenue School site. The registrations by Ms. Jackson and the Westpointe Advisory Committee created a serious cloud on the title to that portion of the road. On October 24, 1989, shortly after the registrations came to the attention of the developer, the developer withdrew from the Westpointe Advisory Committee. While it appears that the developer rejoined the Committee in the spring of 1990, the issue is not finally resolved until October 1990 when the Foresight Group conveyed the affected portion of the lands for the subdivsion road to the City.

 The registrations by Ms. Jackson and the Westpointe Foresight Group have more recently become an issue in relation to construction by the Board of Education of a school on the Clouston Avenue school site. To provide access from the school site to the subdivision road, the Board of Education must acquire another portion of the A40 foot road@. The solicitor for the Board of Education has advised that when the Board was unable to negotiate the acquisition of the land from the Foresight Group, it took proceedings to expropriate portions of the 40 foot road, both on the south side and on the east side of its school site. The Westpointe Foresight Group required a hearing of necessity. After a four-day hearing, the inquiry officer recommended that the Board of Education approve the expropriation. The Board of Education is taking proceedings to challenge the title of the Westpointe Foresight Group and has obtained a court order extending the time for approving the expropriation and registering an expropriation plan, to permit it to challenge the title of the Westpointe Foresight Group. A substantial portion of the legal cost referred to in the April 6, 1998 letter are most likely costs incurred in relation to the expropriation proceedings.

 Conclusion:

 Given the current stage of development in the Westpointe Subdivision, the history of the Westpointe Advisory Committee and past actions of the Westpointe Foresight Group, it is not appropriate to reactivate the Westpointe Advisory Committee at this time.

 However, if Council decides to reactivate the Committee it should first ensure that representatives of a broad spectrum of the community are willing to be members of the Committee.

 Contact Person:George McQ. Bartlett - Solicitor, York

Tel. # (416) 394-2531

Fax. # (416) 394-2904

 (A copy of Appendix I referred to in the foregoing report is file in the Clerk's Department, York Civic Service Centre.)

APPENDIX AI@

  TERMS OF REFERENCE of WESTPOINTE ADVISORY COMMITTEE

 1.The Westpointe Advisory Committee will meet on a regular basis to observe, recommend and provide input to the Council of the City of York in matters of the Westpointe Development Project in regards to:

 Planning

Use of Public Amenities

Environmental Concerns

Open space and parkland

Traffic

Sub-Division agreements and follow-up

Schools

Problems related to the construction period

Social Impact Community Services & Facilities

Any other matter deemed to be relevant to Committee

 2.Compatibility of the Westpointe Development Project and the adjacent:

 - Large Industrial Manufacturer

- Residential Neighbours

- Considerably Large Special Use Health Care

Facility