January 26, 1999

To:North York Community Council

From:H.W.O. Doyle

City Solicitor

Subject:OPA 468- Ontario Municipal Board hearing held on December 14, 1998

B.Y. Group Ltd. Appeal from refusal of Council to amend

By-law 7625 City of Toronto (formerly City of North York)

111 Barber Greene Road

Purpose:

The purpose of this report is to advise of the outcome of the Ontario Municipal Board Hearing held with respect to 111 Barber Greene Road on December 14, 1998.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendations:

That this report be received for information.

Council Reference/Background/History:

B.Y. Group Ltd. applied for an official plan amendment to redesignate the lands from Industrial to Residential Density Two. Concurrently, an application was made for an amendment to Zoning By-law No. 7625, to rezone the lands from M2 to MOF and RM1. These applications were not proceeded with by the City and as a consequence B.Y. Group Ltd. appealed to the Board. An appeal was also made for the determination and settlement of the details of the site plan.

Subsequently, the City passed the appropriate official plan amendment OPA 468 (By-law No. 757-1998) and zoning amendment (By-law No. 758-1998). In addition, the details of the site plan and its attendant conditions were settled to the satisfaction of the City and B.Y. Group Ltd. Legal and Planning Staff attended the hearing in support of these documents.

At the outset of the hearing the Board was advised that CN had not been served with the Notice of Passing of the By-laws, but the Board resolved this issue by proceeding to hear evidence on the three appeals brought by B.Y. Group Ltd. CN also took no issue with respect to the Notice of Passing deficiency if certain conditions are implemented in the site plan.

Evidence was given by a professional planner and as a result the Board found that there had been a wide public consultation process, that the proposed amendments conform to the planning documents, and that the proposal represents good planning. As well, CN's conditions were made part of the site plan as approved by the City. The appeals were allowed. The Official Plan and Zoning By-law were approved in accordance with the City's documents. The Site Plan and Conditions were approved in accordance with the schedule attached to the Decision.

Conclusions:

That this report be received for information.

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