Official Plan and Zoning Amendment Application UDOZ-95-17 -

Albert De Luca - 129 Willowdale Avenue -

Ontario Municipal Board Appeal -

Retention of Outside Planning Consultant - North York Centre

The North York Community Council recommends that the following report (October30,1998) from the City Solicitor not be adopted and that staff of the Legal Division be instructed not to appear at the Ontario Municipal Board to oppose this appeal:

Purpose:

The Legal Division is requesting Council authority to retain outside planning evidence.

Funding Sources, Financial Implications and Impact Statement:

A maximum of $10,000.00 to be allocated from the Corporate Contingency Account for the retention of an outside planning witness.

Recommendation:

1.that a maximum of $10,000.00 be allocated to the Legal Division from the Corporate Contingency Account to retain a planning witness with respect to the pending Ontario Municipal Board appeal on 129 Willowdale Avenue.

Council Reference/Background/History:

The landowner appealed to the Ontario Municipal Board from the refusal of the Council of the former City of North York to enact a proposed amendment to its Official Plan and Zoning By-law to permit the lands at 261 Greenfield Avenue and 260 Maplehurst Avenue to be used for a commercial parking lot to serve an existing commercial use located immediately to the west, at 129 Willowdale Avenue.

Applications were filed with the former City of North York for the specific Official Plan and Zoning Amendments to permit the continued use of the rear portions of two residential properties for the parking of vehicles to serve the abutting commercial property at 129Willowdale Avenue. Staff recommended approval of the applications, subject to certain conditions, relating mainly to landscaping of the properties, and buffering of the parking area from the street. The Council of the former City refused the application and did not adopt the Planning Department's recommendation.

The Ontario Municipal Board has scheduled a hearing commencing Wednesday, December 9, 1998.

Since planning staff are unable to provide evidence under oath, we require a planning consultant to support the Decision of the Council of the former City of North York.

Conclusions:

We estimate that an upset limit of $10,000.00 be set aside in the Corporate Contingency Account for this purpose.

Contact Name:

Larry J. Darkes

Solicitor, Planning & Administrative Tribunal Law

Tel. No. (416) 392-7247

Fax No. (416) 392-0005

________

The North York Community Council also reports having had before it a communication (November 5, 1998) from Mr. Wm. J. Dolan, B.A., Planning Consultant on behalf of the applicant.

Mr. Wm. J. Dolan, Planning Consultant, appeared before the North York Community Council on behalf of the applicants.

A recorded vote on the recommendation moved by Councillor Feldman, as amended by Councillor King, was as follows:

FOR:Sgro, Feldman, Berger, Gardner, Chong, King

AGAINST:Moscoe, Flint

ABSENT:Mammoliti, Li Preti, Augimeri, Filion, Minnan-Wong, Shiner