Official Plan Amendment Application UDOP-99-21 -

Ontario Municipal Board Appeals - Glenarda Properties Ltd. -

20 Bond Avenue - Retention of Outside Consultant with

Financial Expertise - Don Parkway

The North York Community Council recommends the adoption of the following report (September 13, 1999) from the Commissioner of Economic Development, Culture and Tourism and City Solicitor:

Purpose:

In order to present the City's case in the most effective manner, an economic and financial analysis is necessary for the Ontario Municipal Board (OMB) to understand the full impact of the land use decision it is being requested to make. This report is therefore seeking additional funding to allow the City Solicitor to retain consulting firm to provide expert economic analysis and evidence at the OMB hearing scheduled to commence October 12, 1999.

Funding Sources, Financial Implications and Impact Statement:

The Legal Services Division budget includes an allocation of $500,000.00 for the retention of outside consultants for OMB hearings. This budget allocation has been almost fully committed and funds are currently not available to retain additional consulting services. In view of the number of outstanding hearings requiring outside consultants, the City Solicitor has prepared a report to the Policy and Finance Committee advising of the status of the budget allocation and recommending, among other matters, that all expenditures beyond the budgeted amount be charged to the Corporate Contingency Account. That report will be submitted to the Policy and Finance Committee for its consideration at its meeting of September 16, 1999 and by Council at its meeting of September 28, 29, 30, 1999.

The Chief Financial Officer and Treasurer has reviewed and concurs with this financial impact statement.

Recommendations:

It is recommended that:

(1) appropriate consultants with municipal finance and economic expertise be retained to provide evidence at the Ontario Municipal Board hearing regarding Glenarda Properties applications for 20 Bond Avenue;

(2) funds in the amount of $25,000.00 to retain consulting services be allocated from the Legal Services Operating Budget with any amount in excess of the Legal Services Budget allocation charged to the Corporate Contingency Account; and

(3)this report be referred to Policy and Finance Committee for consideration.

Council Reference/Background/History:

The site, approximately 6 acres in size, was the subject of zoning and subdivision applications to permit a mixed use development. These applications were refused by Council at its meeting held on May 11 and 12, 1999 so that the lands would retain their current industrial designation and zoning of Industrial Zone One (M1)

The applicant has referred both applications to the Municipal Board. Pre-hearing conferences were held on May 17 and August 9, 1999. The hearing is scheduled to commence on October 12, 1999.

In July, 1999, the applicant also made an application to amend the Official Plan to redesignate the site from industrial to a residential designation to permit 75 residential units, consisting of 11 detached and 64 semi-detached units. This was appealed to the Ontario Municipal Board and consolidated with the zoning and subdivision appeals already at the Board at the pre-hearing conference on August 9, 1999.

Planning staff cannot provide evidence in support of Council's position. Accordingly, at its meeting held June 9, 1999, Council adopted the City Solicitor's report and authorized him to retain an outside planning consultant. A maximum of $20,000.00 was made available from the Legal Services Operating Budget for this purpose and a planning consultant has been retained for the hearing.

In addition to land use concerns there are a number of other issues which will be addressed at the forthcoming OMB hearing including:

-the existing and future economic viability of the employment area along Scarsdale Road of which 20 Bond Avenue forms a part;

-the appropriateness of a change in use for the site within the existing industrial and economic policies of the City of Toronto;

-the existing and future viability of the site and buildings in its current use; and

-the comparative municipal financial implications of land use choices for the site.

Consultants being considered have particular expertise in the areas of economic viability of employment lands and municipal finance issues. The addition of this kind of evidence is essential to support the City's position at this hearing. Further, knowledge gained at this hearing with respect to the economic viability of employment lands, as well as the municipal finance implications of land use choices, will be extremely beneficial to staff for subsequent hearings which are similar in nature. A maximum of $25,000.00 will be required to retain this kind of expertise.

Conclusions:

Given the complex nature of the economic and municipal finance issues in this case and the importance of presenting these issues in support of the Council=s Decision before the Ontario Municipal Board, additional funds of $25,000.00 should be allocated from the Legal Services Operating Budget with any amount in excess of the Legal Services Budget allocation charged to the Corporate Contingency Account to retain consulting services.

Contact Names:

Paul SandifordBruce Graham

395-7404392-3381

Brenda LibreczLarry J. Darkes

397-4700392-7247