January 4, 1999.
To:North York Community Council
From:H.W.O. Doyle
City Solicitor
Subject:OPA 467-Appeal to Ontario Municipal Board
Referral No. 1 of OPA 381 by Yonge Street Area Ratepayers Association
Appeal by 1205373 Ontario Limited from refusal of Council to amend
By-law 7625 City of Toronto (formerly City of North York)
88-102 Ellerslie Avenue
Retention of Outside Planning Consultant
Purpose:
The Legal Division is requesting Council instruction and authority to retain an outside planning consultant for the pending
Ontario Municipal Board Hearing.
Funding Sources, Financial Implications and Impact Statement:
A number of appeals and referrals are expected to be consolidated and scheduled for a Pre-Hearing and then a full Hearing
during 1999.
The funding implications for retaining an outside planning consultant, should the hearing take up to five days along with
the anticipated Pre-Hearing and production requirements associated with that hearing, are that $25,000 plus GST and
disbursements will be required.
Recommendations:
It is recommended that:
(1)funds be made available to the Legal Division from a Corporate Contingency Account to pay for the retention of outside
planning advice for the Ontario Municipal Board hearing yet to be scheduled, respecting Referral No. 1 to Official Plan
Amendment No. 381 (88-102 Ellerslie Avenue), appeals of Official Plan Amendment No. 467 (88-102 Ellerslie Avenue)
and the appeal of the Zoning Amendment Application (UDZ98-08) by 1205373 Ontario Limited (70-102 Ellerslie
Avenue); and
(2)the City Solicitor be instructed to appear at the Ontario Municipal Board hearing, yet to be scheduled, in support of the
proposed Official Plan Amendment No. 467, in opposition to the private zoning appeal as presently submitted and in
support, as necessary, of the municipality=s interests, together with such other staff as may be appropriate.
Council Reference/Background/History:
Three appeal/referral matters are expected to be consolidated by the Board and heard together, namely:
(i)Referral No. 1 to Official Plan Amendment No. 381, made on July 11, 1996 by the Ministry of Municipal Affairs and
Housing in response to concerns expressed by the Yonge Street Ratepayers Association and others. Official Plan
Amendment No. 381 established a site-specific provision, Policy C.9.140, dealing with lands located at 88-102 Ellerslie
Avenue, immediately west of the North York City Centre boundary. The policy establishes redevelopment parameters for
these lands, providing for a maximum density of 1.0 FSI, a maximum height limit of 11 metres (or 3 storeys) and requiring
that vehicular access is to be taken from the Uptown Service Road and not from Ellerslie Avenue;
(ii)Numerous appeals to the Ontario Municipal Board in respect of Official Plan Amendment No. 467, as recently adopted
by North York Community Council in September 1998, which repeals Official Plan Amendment No. 391; and
(iii)An appeal of a Zoning Amendment Application (UDZ98-08) by 1205373 Ontario Limited for lands including 70-102
Ellerslie Avenue. This application, filed in March 1998, was appealed on the basis of Council=s neglect or refusal to enact
the requisite zoning by-law. While a revision to the application had been suggested at one stage by the applicant, the Board
has recently been advised by the appellant=s solicitor that the application as originally filed, will be the subject of appeal. As
originally filed, the application involved lands within the City Centre, namely 70-84 Ellerslie Avenue as well as those lands
located outside of the City Centre from 88 to 102 Ellerslie Avenue, involving the OPA 381 and the OPA 467 matters.
The Ontario Municipal Board has recently written to the City canvassing input on these matters, particularly respecting the
consolidation of all of these files and respecting appropriate Pre-Hearing and production requirements. No specific Hearing
date or production arrangements have yet been determined.
Accordingly, the City will shortly need to respond to all three of these files, likely in a consolidated Hearing.
In respect of the Official Plan Amendment No. 381, the City has available a Planning Department position which was
adopted by Council in May 1993.
In respect of the Official Plan Amendment No. 467, the City has available a North York Community Council direction and
reconsideration of Official Plan Amendment No. 381, resulting in the September 1998 adoption of Official Plan
Amendment No. 467 and the corresponding repeal of Official Plan Amendment No. 381.
In respect of the private zoning amendment appeal, no final Planning Department Staff Report nor any Community Council
consideration is presently available. A Preliminary Staff Report is available, addressing various Background details as well
as identifying various issues. The matter was appealed in advance of the resolution of any of these issues and in advance of
a final recommendation report.
In anticipation of these matters being considered by the Board at a forthcoming Pre-Hearing, likely to be scheduled early in
1999, and in anticipation of a Hearing being scheduled later during 1999, it would be appropriate to confirm instructions
for attendance, in support of the proposed Official Plan Amendment No. 467, in opposition to the private zoning appeal as
presently submitted and in support, as necessary, of the municipality=s interest.
The nature of the hearing requirements are yet to be confirmed however are expected to likely involve five days, multiple
parties and multiple issues as associated with these lands. It would be beneficial to have the municipality=s interests
comprehensively represented by one professional planning witness in all of these matters, in advance of the first Ontario
Municipal Board Pre-Hearing.
Conclusions:
We estimate that $25,000 plus GST and disbursements will be required and should be set aside in a Corporate Contingency
Account for this purpose.
Contact Name:
Larry J. Darkes
Solicitor
Legal Division
Corporate Services Department
Tel. No. (416) 392-7247
Fax No. (416) 392-0005
H.W. O. Doyle
City Solicitor
