March 17, 1999

To:Chairman and Members, Etobicoke Community Council

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

Subject:Interim Control By-law

Claireville Land Use Study Area

File No: 580.84(Rexdale-Thistletown)

Purpose:

To enact an Interim Control By-law for the Claireville Land Use Study Area to restrict new development pending the completion of the study.

Funding Sources, Financial Implications and Impact Statement:

There are no funding sources or financial implications, at this time.

Recommendation:

It is recommended that Council enact the attached draft Interim Control By-law, which would come into full effect concurrent with the Minister's revocation of the Parkway Belt Land Use Regulations, to restrict new development within the Claireville Study Area pending completion of the land use study.

Background:

On June 4, 1973, the Provincial Government introduced Parkway Belt Land Use Regulations on a province-wide basis. These Regulations superseded the municipality's Agricultural (A4) zoning provisions pertaining to lands contained in the Claireville Study Area (Exhibit No. 1). The Minister subsequently enacted the Parkway Belt West Plan on July 19, 1978.

On June 13, 1994, in response to a request from the City to have the Claireville lands deleted from the Parkway Belt West Plan, a Public Meeting was held before the Parkway Belt Hearing Officers. On April 24, 1995, the Minister of Municipal Affairs approved the City's request and deleted the lands from the Parkway Belt West Plan. The study lands will continue, however, to be regulated by Provincial Parkway Belt Land Use Regulations until such time as the City introduces appropriate land use designations for the area.

Comment:

The Claireville Study Area is subject to the Parkway Belt Land Use Regulations which recognize existing uses, buildings or structures which were lawfully permitted on the day the Regulations came into force (June 4, 1973). The Regulations also permit agricultural uses, including single family dwellings and accessory structures thereto, and, extensions or enlargements to single family dwellings in existence as of June 4, 1973, subject to limited performance standards.

Over the preceding years, amendments to the Parkway Belt Land Use Regulations have been approved by the Minister of Municipal Affairs to permit a garden centre known municipally as 2117 Codlin Crescent (formerly Albion road) and an expansion thereto. An application to revoke the Land Use Regulations was also approved by the Minister to permit the establishment of a hub cap sales business ancillary to a residential dwelling known municipally as 2103 Codlin Crescent. Two additional amendment applications were filed with the Ministry to permit contractor storage yards in conjunction with existing residences at 2115 and 2128 Codlin Crescent. The Ministry has recently requested the applicants to provide more specific information with respect to the nature of the proposed contractor yards. In addition to the above noted uses, a number of illegal uses are operating from properties within the Claireville Study Area. Community Planning staff intend to evaluate all existing land uses within the context of the Claireville Land Use Study.

At its meeting of February 2, 3 and 4, 1999, Toronto Council adopted Terms of Reference for the preparation of a land use study for the Claireville area. It is anticipated that the study will be completed in the third quarter of 1999.

Given the pending land use study and the fact that the subject lands are not zoned at present, it is considered appropriate to introduce an interim control by-law to restrict new development in the area until the study has been completed and appropriate land use designations adopted.

Restricting new development, at this time, would ensure that any future development(s) would be compatible with the land use designations ultimately adopted by Council for the area. The interim control by-law would recognize the existing use of lands, buildings, and structures lawfully established as of the date of its enactment.

Staff from the Ministry of Affairs and Housing have recently advised that they intend to revoke the Parkway Belt Land Use Regulations affecting the Claireville Study Area in light of the lands having been deleted from the Parkway Belt West Plan and Council's recent adoption of the Terms of Reference for the preparation of a land use study for the area.

Conclusion:

It is recommended that Council adopt the draft interim control by-law to restrict new development within the Claireville Study Area pending the conclusion of the land use study.

Contact Name:

Brian van den Brink, PlannerTel: (416) 394-8239

Community Planning, West DistrictFax:(416) 394-6063

Karen V. Bricker, MCIP

Director, Community Planning

West District

CITY OF TORONTO

BY-LAW No. -1999

TO INTRODUCE AN INTERIM CONTROL BY-LAW FOR CERTAIN LANDS

ASSOCIATED WITH THE FORMER VILLAGE OF CLAIREVILLE (ETOBICOKE)

WHEREAS ON FEBRUARY 2, 3, AND 4, 1999, COUNCIL AUTHORIZED THE URBAN PLANNING AND DEVELOPMENT SERVICES DEPARTMENT TO UNDERTAKE A LAND USE STUDY FOR CERTAIN LANDS ASSOCIATED WITH THE FORMER VILLAGE OF CLAIREVILLE; AND,

WHEREAS THE SAID LANDS ARE NO LONGER SUBJECT TO THE PROVISIONS OF THE PARKWAY BELT LAND USE REGULATIONS, PURSUANT TO THE ADOPTION OF ON , 1999; AND,

WHEREAS COUNCIL DEEMS IT NECESSARY TO RESTRICT THE DEVELOPMENT OF THE SUBJECT LANDS PENDING COMPLETION OF THIS STUDY; AND,

WHEREAS SECTION 38 OF THE PLANNING ACT, 1990, ALLOWS COUNCIL TO PASS INTERIM CONTROL BY-LAWS FOR PERIODS NOT EXCEEDING ONE YEAR, WITH LIMITED EXTENSIONS; AND,

WHEREAS THE MATTERS HEREIN SET OUT ARE IN CONFORMITY WITH THE OFFICIAL PLAN.

NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CITY OF TORONTO ENACTS AS FOLLOWS:

1.That, subject to Section 3 herein, no new development shall occur on the lands described in Schedule 'A' annexed hereto.

2.This by-law shall come into force on the date of its enactment by Council and shall remain in effect for a period of one year thereafter.

3.The provisions of this by-law shall not apply to prevent:

(a)the continued use of any land, building or structure for any purpose that was lawfully used as of the date of the enactment of this by-law; or

(b)measures necessary to establish conformity with the Ontario Building Code or Fire Code.

4.Chapter 324, Site Specifics of the Etobicoke Zoning Code, is hereby amended to include reference to this by-law by adding the following to Section 324-1, Table of Site Specific By-laws:

ENACTED AND PASSED this day of , A.D. 1999.

CASE OOTESNOVINA WONG

Deputy MayorCity Clerk