Minister's Zoning Order with Respect to

Woodbine Racetrack Lands

(Ward 5 - Rexdale Thistletown)

The Urban Environment and Development Committee recommends that the City Solicitor be authorized to seek revocation of the Minister of Municipal Affairs and Housing's Zoning Order.

The Urban Environment and Development Committee reports, for the information of Council, having:

(1)requested the Chair to invite the Minister of Municipal Affairs and Housing to appear before City Council at its meeting on February 2, 1999 to justify his Zoning Order with respect to the Woodbine Racetrack lands; and

(2)requested the Commissioner, Urban Planning and Development Services in consultation with the City Solicitor and appropriate City staff to report directly to Council for its meeting on February 2, 1999:

(a)with an analysis of the planning implications of the Zoning Order imposed by the Minister of Municipal Affairs and Housing and the development of a legal strategy, such report to also provide details of the legal costs involved in this action and provide background information of the action previously taken by the former Etobicoke City Council with respect to this matter;

(b)with a review of the Preliminary Secondary Plan and the Rexdale Highway 27 Plan;

(c)on all other options available to frustrate the will of the Minister given that his Zoning Order has frustrated the will of the people; and

(d)the implications of the use of slot machines at the Woodbine Racetracks.

The Urban Environment and Development Committee submits the following joint report (December 29, 1998) from the City Solicitor and Commissioner of Urban Planning and Development Services:

Purpose:

The purpose of this report is to inform Council of the Minister=s zoning order with respect to the Woodbine Racetrack lands and its implications.

Funding Sources, Financial Implications and Impact Statement:

None.

Recommendations:

It is recommended that this report be received for information.

Council Reference/Background/History:

In a report dated August 24, 1998, the City Solicitor informed Council that the Ontario Jockey Club (the AJockey Club@), had applied for a building permit to renovate the premises at Woodbine Racetrack for the purpose of accommodating slot machines. The application had been refused for the reason that slot machines are not a permitted use under the zoning by-law. The Jockey Club had appealed the refusal. In adopting the City Solicitor=s report, Council instructed the City Solicitor to proceed to oppose the appeal.

The City Solicitor=s staff represented the City=s interests at the appeal and were successful. On September 29, 1998, the Court released its decision finding in favour of the City. The Jockey Club appealed the decision, and the appeal has been scheduled to be heard on January 29, 1999.

Comments and/or Discussion and/or Justification:

On December 18, 1998, the Minister of Municipal Affairs and Housing (the AMinister@), issued a zoning order under s. 47 of the Planning Act, permitting slot machines at Woodbine Racetrack. The zoning order applies only to the Woodbine Racetrack lands and relates only to the use of those lands for the operation of slot machines (including the erection and alteration of buildings to provide for this use). No limitation was placed on the number of slot machines. The Planning Act (the AAct@), gives the Minister the power to issue this kind of an order, which is similar to a zoning by-law. The Act provides that, in the event of conflict, a Minister=s zoning order prevails over the City=s zoning by-laws and any interim control by-laws. This means that the Minister has essentially over-ridden the City=s power to zone the Woodbine Racetrack lands. In addition, the Minister=s zoning order renders the litigation between the City and the Jockey Club moot.

No notice or hearing is required prior to the making of a Minister=s zoning order; however, the Minister is required to give notice of the order within 30 days of issuing it. The form and recipients of the notice are in the Minister=s discretion, but it would be reasonable to expect that the City will be a recipient. The Minister is also required to submit a copy of the zoning order to the City Clerk to be indexed in the same manner as a zoning by-law, but the Act does not provide a time by which the zoning order must be submitted. At the time of writing this report, we are not aware of the City having received formal notice of the zoning order. We have, however, received a copy of the zoning order and attached it to this report for your information.

Under the Act the City could request the Minister to revoke or amend the zoning order. Unless an OMB hearing is also requested, the Minister would be required to give notice of the application for revocation or amendment and to allow sufficient time for submissions to be made. If the City were to apply for a revocation of the zoning order, the City could request the Minister to refer the matter to the Ontario Municipal Board (the AOMB@), for a hearing. The Minister would be required to refer the matter to the OMB unless he was of the opinion that the request was made for the purpose of delay, was frivolous, vexatious or not made in good faith, or if the reasons given for the request did not disclose any apparent land use planning ground upon which the OMB could revoke or amend the order. The OMB may dismiss a request without a hearing for any of these same reasons, as well as a number of more technical reasons. The Act does not provide a time limit for requests to revoke or amend a zoning order of the Minister.

The OMB has indicated in one decision that, while it will not simply rubber stamp a Minister=s zoning order, it will also not be quick to interfere with one.

Given the Minister=s power to refuse to refer, and the OMB=s power to dismiss without a hearing, should Council wish to apply for a revocation or amendment of the order, it is very important that the application be based upon sound land use planning grounds. In normal circumstances, before zoning is changed, City staff receive a planning application, analyse the implications of the application and report to Council. As there is no planning application and there was no advance notice of the Minister=s zoning order, planning staff have not had an opportunity to receive or review any information on the implications of this land use change, particularly traffic. It should be noted that the Racetrack is located within the Rexdale/Highway 27 Secondary Plan in the former Etobicoke Official Plan which contains provisions for the submission of traffic studies to assess the impact of proposals on existing traffic constraints. Should Council wish to consider applying for a revocation or amendment of the zoning order, Council should direct appropriate staff to analyse the implications of the zoning order and report to the Urban Environment and Development Committee upon completion of the analysis.

It should be noted that the site is under site plan control; however, any planning concerns which may be addressed by the City through the site plan control process would not provide the basis for an application to amend or revoke the zoning order.

Conclusions:

Should Council wish to consider applying to the Minister for a revocation of the Minister=s zoning order, Council should direct appropriate staff to analyse the planning implications of the zoning change and to report to the Urban Environment and Development Committee upon completion of this analysis.

Contact Name:

Wendy Walberg (392-8078)

(A copy of the document ARegulations Made Under the Planning Act@ which was appended to the foregoing report, has been forwarded to all Members of Council with the agenda for the January 11, 1999 meeting of the Urban Environment and Development Committee, and a copy thereof is also on file in the office of the City Clerk.)