The Etobicoke Community Council reports having held a statutory public meeting on February 18, 1998 in accordance with Section 17 and Section 34 of the Planning Act, and that appropriate notice of this meeting was given in accordance with the Planning Act and the regulations thereunder.

Purpose:

To review the lot area requirement for certain properties located on the west side of Islington Avenue, between Orrell Avenue and Riverbank Drive.

Funding Sources, Financial Implications and Impact Statement:

There are no funding sources and financial implications.

Recommendation:

It is recommended that a Public Meeting be held in connection with the proposed Official Plan and Zoning Code amendments with respect to increasing the minimum size of lots in the area located on the west side of Islington Avenue, between Orrell Avenue and Riverbank Drive. Should Council decide to proceed with amendments, staff should be directed to finalize the draft amendments attached to this report, for adoption by Toronto Council.

Background:

On September 8, 1997, Etobicoke Council refused an application by F & F Construction Ltd. for draft plan of subdivision approval to create five lots which complied with the existing (R1) zoning standards and Official Plan (Nos. 1394 and 1396 Islington Avenue). The applicants have appealed Council=s decision to the Ontario Municipal Board.

Council further directed Urban Development staff to bring forward an appropriate amendment to the Zoning Code to increase the minimum lot size in the area west of Islington Avenue, between Orrell Avenue and Riverbank Drive (Exhibit No. 1).

Comment:

The area under review comprises a total of twenty-four (24) lots. The Official Plan (Section 5) designates the subject lands Low Density Residential, subject to Site Specific Policy No. 22 (Exhibit No. 2).

This policy permits the re-subdivision of the lots in these blocks to proceed on an incremental basis, provided that a comprehensive plan is approved that would not jeopardize the rights and enjoyment of owners who chose not to redevelop their lands.

Council=s direction to increase the minimum required lot size however, effectively precludes any re-subdivision of these existing lots. The City Solicitor has advised that it would be appropriate to amend the Official Plan to delete Special Site Policy 22.

The lands are zoned First Density Residential (R1) which permits single, detached dwellings on lots having a minimum frontage of 15 m (50 ft.) and lot area of 557 m5 (6,000 sq. ft.). The lots fronting on Islington Avenue vary from 12 m (40 ft.) to 28.6 m (94 ft.) in width, with most lots having a frontage of 15 m (50 ft.). The majority of these lots are approximately 119 m (390 ft.) deep. The remaining lots fronting on Fairway Road are more in keeping with the (R1) zoning standards (Exhibit Nos. 3 and 4). In order to increase the development standards for these lands, an amendment to the Zoning Code would be required.

Conclusion:

A review of the lots in the area indicates that the majority of the 21 deep lots with frontage on Islington Avenue have an average area of slightly greater than 1800 m5 (19,378 sq. ft.). In accordance with the Etobicoke Council direction to increase the permitted lot area requirements for lots within these blocks, the minimum lot area requirement identified in the attached draft by-law is 1800 m5.

In the event that Toronto Council supports the increased lot area requirements, staff should be directed to finalize the amending Zoning By-law and Official Plan Amendment. Drafts of each document are attached as Exhibit Nos. 5 and 6 respectively.

Contact Name:

Lorna Hahn, Tel: (416) 394-8232, Fax: (416) 394-6063

Planner, Development and Design

We are the solicitors for F-F Construction Company Limited the owners of land located at 1386 and 1388 Islington Avenue, at the north west corner of Islington Avenue and Fairview Road. We are also solicitors for Charles and Pauline Sammut the owners of property located 1392 Islington Avenue.

Our client F-F Construction Company Limited, made an application for draft Plan of Subdivision approval January 29, 1997. The application was in compliance with the provisions of the Official Plan, Site Plan Specific Policy No. 22. In July 1997, after the public meeting to consider our client's proposed draft plan, ratepayers in the area requested an amendment to Site Plan Specific Policy No. 22 similar to the revision before this Committee. This proposed revision was not supported by the Municipal planning staff in part because of a previous OMB decision on a previous subdivision application which had resulted in the policy.

F-F Construction appealed the approval authority's failure to make a decision under subsection 51(34) of the Planning Act and the former City of Etobicoke, Planning and Development Committee, refused the application for approval of the Plan of Subdivision subsequent to the appeal and at the same meeting, directed that amendments to the zoning code which we assume also included the Official Plan amendment, be brought forward.

The Sammuts made an application to sever and the Committee of Adjustment refused the application on November 13, 1997. The Sammut lands abut the lands owned by F-F Construction Company Limited. The decision of the City of Etobicoke, Committee of Adjustment, has been appealed to the Ontario Municipal Board and, we have requested that hearing be combined.

We have been advised that the hearing dates will probably be late March or early April, 1998.

It is our position, on behalf of our clients in the circumstances outlined, that it is premature for the Etobicoke Community Council to make a decision on the proposed amendment. Furthermore, the planning history of the lands would appear to indicate that the proposed amendment may lack planning merit. Any decision on this proposed amendment should take into account the disposition of our clients' appeals by the Ontario Municipal board. Therefore we respectfully request that the consideration of the amendment be deferred until the Ontario Municipal Board has finally disposed of our clients' appeals.

Would you please ensure that we are notified of any disposition of the matter by the Etobicoke Community Council and of the adoption of the proposed Official Plan amendment.

We are writing you concerning the proposed amendments to lots on the west side of Islington Avenue between Orrell Avenue and Riverbank Drive.

We do support larger lot sizes (minimum 19,000 square feet) which will hopefully retain our quiet neighbourhood in the way we all wish it to remain.

For the record we have been fighting this and other development proposals which include the Perry Avenue road closing since 1984. I have personally collected a file that is now two inches thick. We all would like to see an end to this matter. Your help in this regard would be greatly appreciated by the many long time residents of this area.

The Etobicoke Community Council also submits the following communication (February 16, 1998) from J. Robert Hall, Loopstra, Nixon & McLeish:

My family and I live at 15 Orrell Avenue, in very close proximity to the area currently subject to Official Plan Policy No. 22. We have attended numerous meetings over the years on various applications involving these lots.

We strongly support an application to amend the Etobicoke Official Plan and Zoning Code to increase the minimum size of the lots in the area on the west side of Islington Avenue, between Orrell Avenue and Riverbank Drive. We feel that the minimum lot size should reflect the existing lot sizes of approximately 19,000 square feet.

As both residents of the area and as members of Islington Golf Club, we believe that it is crucial that the integrity of the area be preserved by maintaining the existing size of those lots. Through this amendment process, the residents can be assured that this truly unique area will be preserved.

We would like to go on record that we agree with the amendment to the Official Plan and Zoning Code with respect to increasing the minimum size of lots in the area west of Islington Avenue between Orrell and Riverbank.

Please keep me informed of the adoption of mentioned amendment.

As owners of the property as per above address we request to be notified of the adoption of the proposed Official Plan amendment.

Thank for your notice dated January 27, 1998.

As residents at this address for some 45 years we welcome wholeheartedly the proposed amendment to the Etobicoke Official Plan and Zoning Code with respect to increasing the minimum lot size in the area between Orrell Avenue and Riverbank Drive.

We should like to request notification of the adoption of the proposed Official Plan Amendment.

Illness has prevented us from joining the Etobicoke Community Council meeting as planned on February 18th, but we send this letter with a neighbour, Iris Peterson.

Anything that can be done to prevent constant harassment by non-resident land sharks of the resident landowners is extremely welcome. We are entirely in favour of the proposed amendment to increase the minimum lot size on these two blocks so that subdivision can no longer be considered as an option here. You have had many a submission from the block residents, including us, to plead our case and we support all the arguments made in them regarding the character of the block and the relationship of the neighbours to each other and to their properties. We therefore trust in your continued support to quash these non-resident speculators by voting for this amendment.

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The following individuals appeared before the Etobicoke Community Council in support of the proposed amendments:

The following persons appeared before the Etobicoke Community Council in opposition to the proposed amendments:

(Copies of Exhibits No. 1-6, referred to in the foregoing, report, were forwarded to all Members of Council with the agenda of the Etobicoke Community Council meeting of February 18, 1998, and copies thereof are on file in the office of the City Clerk.)