Appeal to Zoning By-law No. 438-1998 and Official Plan

Aendment No. 58-97 - Waddington Development Corporation,

411 Kipling Avenue - File No. Z-2239

The Etobicoke Community Council recommends the adoption of the following report (September 16, 1998) from the City Clerk:

Purpose:

To authorize the City Solicitor and staff to proceed to the Ontario Municipal Board for approval of By-Law Nos. 438-1998 and 437-1998, notwithstanding the appeals from Mr. A. Milliken Heisey, Kerzner, Papazian, MacDermid, on behalf of Canadian National Railway. (see attachment)

Funding Sources, Financial Implications and Impact Statement:

Cost associated with legal and staff time required to prepare and attend Ontario Municipal Board hearing.

Recommendation:

That the City Solicitor and staff be authorized to proceed to the Ontario Municipal Board for approval of By-Law No. 438-1998 to rezone the lands from Class 1 Industrial (I.C1) to Second Density Residential (R2) specifically modified to permit a 17 unit townhouse and semi-detached dwelling development on the east side of Kipling Avenue, south of New Toronto Street with a portion fronting onto Seventeenth Street, and By-Law No. 437-1998 to adopt Amendment No. 58-97 to the Official Plan of the Etobicoke Planning Area.

Background:

A public meeting under the Planning Act was held by the former City of Etobicoke on September30,1997, to obtain the views of all interested parties with respect to this rezoning application as addressed in a Planning staff report dated September 9, 1997. At its meeting held on Monday, October 6, 1997, Etobicoke Council adopted Clause218 of the Seventeenth Report of the Planning and Development Committee, 1997, thereby approving the application. Subsequently, Toronto City Council passed By-LawNo.438-1998 which confirmed this approval amending Chapters 304, 350 and 352 of the Etobicoke Zoning Code with respect to the subject lands, and also passed By-LawNo.437-1998 to adopt Amendment No. 58-97 to the Official Plan of the Etobicoke Planning Area in order to redesignate the subject lands.

Conclusion:

It is normal practice to authorize the City Solicitor and staff to proceed to the Ontario Municipal Board for approval of a zoning by-law, and such authorization is hereby requested.

Contact Name:

Lorena Hargot, By-Law Clerk

Clerk's Department

Tel: (416) 394-8083

(Copy of Attachment No. 1, referred to in the foregoing report was forwarded to all Members of Council with the agenda of the Etobicoke Community Council meeting of September 16, 1998, and copy thereof is on file in the office of the City Clerk.)