Zoning Amendment Application UDZ-98-13 and Draft Plan of

Subdivision Application UDSB-1238 - Glenarda Properties Ltd. -

20 Bond Avenue - Ontario Municipal Board Appeal -

Retention of Outside Planning Consultant - Don Parkway

The North York Community Council recommends that the following report (May17,1999) from the City Solicitor be received and that a maximum of $20,000.00 be made available from the Legal Services Operating Budget for the payment of professional planning services to support Council's Decision before the Ontario Municipal Board.

Purpose:

Council at its meeting held on May 11 and 12, 1999, in considering the report of the Acting Director, Community Planning, North District with respect to this matter, directed that the City Solicitor report to the North York Community Council on the retention of an independent planning consultant to defend the City's position and the costs associated therewith.

Funding Sources, Financial Implications and Impact Statement:

A maximum of $20,000.00 is available in the Legal Services Operating Budget for the payment of professional planning services to be provided at the Ontario Municipal Board Hearing.

Recommendation:

For information

Council Reference/Background/History:

The site, approximately 6 acres in size, is the subject of a zoning and a subdivision application to permit a mixed use development including, detached houses and townhouses, office uses and parkland for a total FSI of .90.

The Planning staff recommended that the application to amend the Industrial Zone Uses to permit live/work uses not be approved and the current application be revised to amend the Official Plan to redesignate the lands as Residential One (RD-1) with a Part C.9. Specific Development Policy to permit limited residential intensification of 14 units per acre. The Economic Development Division, Economic Development Culture and Tourism Department does not support the application and have recommended that the lands remain Industrial for a number of reasons.

The Council has refused the Zoning Amendment and draft plan of subdivision application and stated that the lands should retain their current zoning designation of Industrial Zone One (M1).

Planning Staff cannot provide evidence under oath in support of Council's position, and it is therefore necessary to retain an outside Planning Consultant. There are a number of local industries, individual ratepayers and ratepayer associations who will be participating at the Hearing.

At the Pre-hearing Conference held on May 17th, 1999, the Board scheduled a second Pre-hearing Conference for August 9, 1999 and the Hearing was also scheduled for 9 days to commence on October 12, 1999.

Conclusions:

Given the anticipated length and scope of this Hearing, a maximum of $20,000.00 inclusive of GST be allocated from the Legal Services Operating Budget so that we can support the Council's Decision before the Ontario Municipal Board.

Contact Name:

Larry J. Darkes, Solicitor

Planning & Administrative Tribunal Law

Tel. No. (416) 392-7247

Fax No. (416) 392-0005