May 10, 1999

To:Scarborough Community Council

From:H.W.O. Doyle

Subject:Ontario Municipal Board Decision

Yellow Moon Homes

Appeal of Parkland Requirement in OPA 858

Port Union Village, Secondary Plan

Purpose:

The purpose of this report is to advise of the outcome of the Ontario Municipal Board (the "Board") Hearing held with respect to Yellow Moon Homes.

Funding Sources, Financial Implications and Impact Statement:

There are no financial implications.

Recommendations:

For information only.

Council Reference/Background/History:

Yellow Moon Homes, the Purchaser under an Agreement of Purchase and Sale of the Manson Insulation site on the southwest corner of Lawrence Avenue East and Port Union Road, appealed Council's refusal to reduce the parkland required to be conveyed by them pursuant to the governing secondary plan. Yellow Moon's argument was that since the 3.2 ha of community parkland required by the plan was calculated based on a projected build-out of 2,300 units and that since the likely build-out will actually be closer to 1,600 units, they were entitled to a reduction in the size of the parkland component. The hearing began February 22, 1999 and lasted 3 weeks. The Legal Division was assisted by staff from the Planning Department and the Parks & Recreation Department.

After the Board heard enough evidence to understand the issues in dispute, the panel encouraged the owner to attempt to satisfy the City. Yellow Moon then presented the parties with a new plan that eliminated many of the single detached units and added significantly to the size of the park, increasing it to 3.03 ha, 0.17 ha short of the City's 3.2 ha requirement. Notwithstanding this new proposal, City staff continued to argue for the full contribution amount as required by the Secondary Plan.

The Board released its decision on April 22, 1999 and found that the 3.02 ha amount was adequate to meet the City's requirement for a senior softball diamond and close enough to 3.2 ha to satisfy the Official Plan. The decision is attached hereto 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