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November 15, 1999

CHAIR AND MEMBERS

OF COMMUNITY COUNCIL

CITY OF TORONTO

ETOBICOKE CIVIC CENTRE

399 THE WEST MALL

TORONTO ON M9C 4Z5

Chair and Members of Etobicoke Community Council:

RE: CITY OF TORONTO RE: BY-LAW No. 645-1999

OFFICIAL PLAN AMENDMENT No. 74-99

3085 BLOOR STREET WEST AND 20 THOMPSON AVENUE

PURPOSE:

The purpose of this report is to secure instructions in connection with the settlement of an appeal to the Ontario Municipal Board involving Official Plan Amendment No. 74-99.

FUNDING SOURCES, FINANCIAL IMPLICATIONS AND IMPACT STATEMENT:

There are no funding requirements nor financial implications arising in connection with this matter.

RECOMMENDATIONS:

It is recommended that staff and the City Solicitor be authorized to present to the Ontario Municipal Board a modified version of Official Plan Amendment No. 74-99, in the form as attached to this report as Appendix "A".

COUNCIL REFERENCE / BACKGROUND / HISTORY:

This matter arises by virtue of an application for Official Plan Amendment and rezoning submitted to the municipality by 1038684 Ontario Limited in March 1999. The site subject to the application consists of two properties located at the south west corner of Bloor Street West and Thompson Avenue in the former City of Etobicoke. The first property, municipally known as 3085 Bloor Street West is a vacant parcel of land formerly occupied by a vehicle sales establishment and public garage. The second, smaller property is municipally known as 20 Thompson Avenue. This property is occupied by a single detached dwelling.

Pursuant to the application, the developer proposes to remove the existing dwelling and construct on the two properties a 6-storey apartment building with frontage on Bloor Street.

After completion of the processing of this application, and receipt of public input, the project was supported by Toronto Council. An implementing Official Plan Amendment (O.P.A. No. 74-99) and Site Specific Zoning By-law (By-law 646-99) were adopted by City Council on September 29th, 1999.

In addition to the municipality, the proposed development has been supported by the Thompson Orchard Community Association ("T.O.C.A.") as well as the Kingsway Sunnylea Residents' Association ("K.P.R.I."). At the public meeting concerns were expressed with respect to the zoning category of 20 Thompson Avenue. The zoning by-law was subsequently amended to address these concerns by maintaining the R2 zoning on the property. This by-law has not been appealed. However, notwithstanding this support both community groups have expressed concerns with the form of the Official Plan Amendment adopted by the municipality. As a result of these concerns both community associations appealed the Official Plan Amendment to the Ontario Municipal Board on the basis that the form of the Amendment as adopted did not conform with the intent of the zoning by-law. The residents' concerns related to the land use designation applied to 20 Thompson Avenue by the Official Plan Amendment.

As noted above, this property was formerly used for the purpose of a single family detached dwelling. It was zoned and designated under the Official Plan for low density residential purposes. Notwithstanding the residents' support for the proposal to redevelop this property, together with 3085 Bloor Street West, for an apartment building, the residents' believe that the existing designation of Low Density Residential should be maintained on the property. The Official Plan Amendment, as adopted by Council, redesignated the property from Low Density Residential to Commercial-Residential Strip-Special Site Policy, in anticipation of the development of the apartment building.

COMMENTS AND/OR DISCUSSION AND/OR JUSTIFICATION:

As a result of the appeals filed against the Official Plan Amendment, discussions were initiated between the developer, the residents and City staff in an effort to resolve these concerns. These negotiations were also assisted by Councillor Kinahan. As a result of negotiation, an agreement was reached between the developer and the residents whereby the Official Plan Amendment would be modified to maintain the current Low Density Residential Designation on 20 Thompson Avenue. The modified amendment would also provide for a revised special site policy which would continue to permit the apartment building to be constructed, in accordance with the zoning by-law as previously adopted. This modified amendment has been prepared with the assistance of City Planning staff who are satisfied with its form and content. A copy of the modified amendment is attached as Appendix "A".

Since the matter has been referred on appeal to the Ontario Municipal Board, in order to implement the settlement instructions will be required from City Council to support the proposed modifications before the Board.

CONCLUSIONS:

The modified version of the Official Plan Amendment is consistent with the previous approval granted by Council to permit the development of the proposed apartment building on the subject site. City staff have reviewed the modified version of the Official Plan Amendment and are satisfied with its form and content. Accordingly, in order to resolve the matter before the Municipal Board it is recommended that City Council endorse the presentation of this modified amendment to the Board for approval. This request is supported both by the developer and the two community groups who filed the appeals on this matter.

CONTACT:

Bruce C. Ketcheson, Solicitor - Tel: (416) 622-6601, Fax: (416) 622-4713

Yours truly,

REBLE, RITCHIE, GREEN & KETCHESON

Per:

Bruce C. Ketcheson

BCK/mm

encls.

c: H.W.O. Doyle

 

   
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