May 6, 1999
To:Scarborough Community Council
From:H.W.O. Doyle
City Solicitor
Subject:Appeal to OMB by John Delic
Lands on the South side of Lawrence Avenue East
East of Crockford Boulevard (Ward 14)
Ontario Municipal Board Hearing held February 11 and 12, 1999
Purpose:
The purpose of this report is to advise of the outcome of the Ontario Municipal Board Hearing held on February 11 and 12,
1999 with respect to vacant lands located on the south side of Lawrence Ave. East, east of Crockford Boulevard, which
form part of an abandoned CPR railroad line.
Funding Sources, Financial Implications and Impact Statement:
Not Applicable
Recommendations:
That this report be received for information.
Council Reference/Background/History:
The site is a portion of rail corridor which was abandoned by CPR and not acquired by the then City of Scarborough when
it purchased the rail corridor lands in the Wexford Employment District south of Lawrence Avenue East along the Massey
Creek for a watercourse regeneration project. The 443 feet of rail corridor comprising the site runs north of Massey Creek
to Lawrence Avenue East and was not acquired by the City because it did not abut the watercourse and was not needed for
the watercourse regeneration project. Currently the site is vacant. The appellant, John Delic, purchased the lands from the
CPR in November, 1997. The site has 50 feet of frontage on Lawrence Avenue and is .5 acres in size. It is proposed to
develop the site for an automobile sales and repair business. A two storey, 3900 square foot building is proposed. To do
this, the Owner filed an Official Plan Amendment application and rezoning application in March, 1998.
On June 3 and 4, 1998, Toronto City Council refused the applications, and, subsequently, John Delic appealed to the
Municipal Board. Planning staff, in its Preliminary Evaluation Report, recommended refusal because its opinion was that
the proposal was not desirable or good planning at this location.
Legal and Planning staff attended the OMB hearing held on February 11 and 12, 1999, in support of the Council's decision.
At the hearing, evidence was lead by the City to establish that the area in which the site is located is transitional and uses
are changing from industrial commercial to community commercial whereas the proposal was industrial in nature. The
proposal also could not meet the City's Urban Design Objectives. The intent of the Official Plan documents is to encourage
vehicle and repair uses to be located on sites which were interior to the Employment District rather than on arterial roads as
in this case. With respect to Urban Design issues, the City's planner testified that the proposal failed to meet the Urban
Design Objectives to promote attractive street scapes and could not work on this site because of its small size.
The abutting property Owner was represented by Counsel at the hearing and opposed the land use changes principally on
the basis that auto related uses could not work on the site because of its small size.
The Appellant was also represented by Counsel and a planner gave evidence in support of the proposal. It was her opinion
that the area was not in transition, but rather was a very stable area that had a whole mixture of uses. She was also of the
opinion that a "Community Commercial" designation was not appropriate because the site would not be integrated with the
Wexford Plaza to the east. The site was a mere extension of the auto related uses to the west and the north and east along
Lawrence Avenue East.
After reviewing and weighing all the evidence and arguments, the Board accepted the appellant's proposal for an auto sales
and repair business. It concluded that the site was in stable mixed use area where the large number of auto-related uses will
remain for a considerable period into the future. The Board felt that the site was insignificant and that authorization of this
use will have no impact on any future City plans for conversion of industrial commercial to community commercial for
primarily retail and personal service uses. The Board believed that the proposal is an attempt to take a surplus rail corridor
and bring it into the "mainstream" of land use designations, including "Industrial District Commercial".
In conclusion, the Board allowed the appeals, but stipulated that finalization of the provisions of the OPA and Zoning
By-law shall await the application by the applicant for site plan approval and the processing of same by the City. The Board
withheld its final order, pending the preparation of the planning documents after the site plan application for the subject site
has been dealt with.
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
