May 12, 1999

To:Scarborough Community Council

From:H.W.O. Doyle

Subject:Ontario Municipal Board Decision

Eid Attia, the Highland Creek Highway Commercial Association

and Abel Van Wyk

Appeal of City-initiated OPA 988

Purpose:

The purpose of this report is to advise of the outcome of the Ontario Municipal Board (the "Board") Hearing held with respect to Official Plan Amendment 988, a modification to the Highland Creek Secondary Plan.

Funding Sources, Financial Implications and Impact Statement:

There are no financial implications.

Recommendations:

For information only.

Council Reference/Background/History:

In 1998 Council approved a package of amendments to the Highland Creek Secondary Plan in the form of OPA 988. This amendment recognized the low density, single family nature of the secondary plan area but sought to make some minor changes regarding use and density. The amendment was appealed by several objectors who felt that the amendment would have a negative impact on them including Eid Attia, Abel Van Wyk and the Highland Creek Highway Commercial Association. The hearing was held over a 3 week period commencing on February 1, 1999.

At the outset of the hearing the University of Toronto sought to become involved by introducing its own private amendment which it argued was a "modification" to OPA 988. The City objected to this late introduction of new material and sought a deferral of the matter until the fall of 1999. The Board Chair imposed a compromise between the two positions and scheduled the University of Toronto matter for May 31, 1999 for 2 weeks. See page 2 of the decision attached.

Although the Ontario Municipal Board approved the majority of OPA 988 as representing good planning, including the higher density provisions for the Zapfe Holdings Inc. lands, the Board struck down two sections of OPA 988 as adopted by Council. Firstly the Board did not agree that it was appropriate to delete certain uses from the existing Highway Commercial permission along Kingston Road including Hotels/Motels/Restaurants and Funeral Homes and therefore concluded that all existing Highway Commercial uses should remain. Secondly the Board did not accept the City's evidence that the Attia lands on the southeast corner of Kingston Road and Morningside Avenue should remain as low density residential with no permission for townhouses or semis and therefore permitted Mr. Attia's application for 14 townhouses and/or semidetached units subject to a suitable site plan layout. The decision is attached for the information of Council.

Contact Name:

Brendan O'Callaghan, Solicitor

Planning & Administrative Tribunal Law

Tel: (416) 392-7786

Fax: (416) 392-0005

H.W.O. Doyle

City Solicitor

Legal Services