Ontario Municipal Board Hearing -

207-217 Roslin Avenue (North Toronto)

The Toronto Community Council recommends that the City Solicitor and appropriate staff be directed to attend at the Ontario Municipal Board (OMB) in opposition to the proposed development at 207-217 Roslin Avenue and oppose the severance, minor variance, Official Plan Amendment and Rezoning applications, as well as any other consolidated appeals for the subject property; and that the City Solicitor be authorized to retain outside consultants should the need arise, funds having been previously allocated from the Legal Services Operating Budget for this purpose.

The Toronto Community Council submits the following communication (August 27, 1999) from Councillor Walker:

Recommendation:

That the City Solicitor and appropriate staff be directed to attend at the Ontario Municipal Board (OMB) in opposition to the proposed development at 207 û 217 Roslin Avenue and oppose the severance, minor variance, Official Plan Amendment and Rezoning applications, as well as any other consolidated appeals for the subject property; and that the City Solicitor be authorized to retain outside consultants should the need arise.

Background:

As predicted in the Committee of AdjustmentÆs May 4th, 1999 decision, L & A Management has made an appeal to the OMB from a decision which dismissed their application for minor variances and severance of these lands. At its meeting of June 9, 10 and 11, 1999, Toronto City Council passed a motion that the City Solicitor to appear before the OMB to defend the May 4th 1999 Committee of Adjustment decision to refuse an application for a proposed development at the above address.

At the first OMB hearing held on July 26 1999, L & A Management requested that their appeal of the Committee of Adjustment applications be consolidated with an appeal arising from their Official Plan Amendment and Rezoning applications. The developer has appealed because of the failure of the City to process their application within the time limits set out in the Planning Act. However, the developer has failed to provide to the City, adequate information for city staff to fully evaluate the proposal.

This proposal has been a moving target, with revisions being made to the proposal ôon the flyö. While revisions have been demanded by the Urban Planning Department, revised landscape plans; arboristsÆ reports; etc, have either not been submitted or have not been submitted in a timely fashion. Consequently, it has been difficult for the Urban Planning and Development Services Department to circulate these reports and plans to appropriate departments for comment.

Specifically, this application did not have an arboristsÆ report, which was subsequently submitted on August 16th 1999. Also it did not include the required geotechnical study, an important study since the proposed development abuts the edge of the Riverview Ravine. There is no answer as to how storm water and snow are to be handled û especially important because of this sitesÆ location in and on top of the ravine. Other studies and plans which were not submitted at the time of the initial application include a traffic study, a rental housing replacement plan, a garbage removal plan and a sun-shade analysis. Further to this, as of August 27, 1999 Urban Planning and Development Services was still not in receipt of a landscape plan.

The developer has not acted in good faith in this process. The developer attempted to circumvent the proper processes required for a development of this scale. In their May 4, 1999 decision the Committee of Adjustment wrote ôthat the Committee of Adjustment, South District for the City of Toronto considers these applications to comprise an attempt to misuse the Committee of Adjustment and circumvent the appropriate planning approvals.ö The developer has attempted to abuse the Official Plan Amendment and Re-zoning process by appealing to the OMB before the designated time has elapsed and before the Urban Planning and Development Services Department has had a chance to circulate reports and receive comments from the appropriate departments on which to prepare its final report.

At the OMB pre-hearing on July 26 1999, the Chair, P.L. Wyger ordered that the appeal of the Committee of Adjustment decision from May 4, 1999 be adjourned to be consolidated with their appeals arising from the Official Plan Amendment, Re-zoning and Tree By-law relief applications. In light of the above information, and since Toronto Community Council and Toronto City Council have not had a chance to rule on any of these applications it is of utmost importance to the integrity of the planning process that the City Solicitor be directed to appear at the OMB on all the matters pertaining to 207-217 Roslin Avenue.

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The Toronto Community Council reports, for the information of Council, having also had before it during consideration of the foregoing matter the following; and a copy thereof is on file in the office of the City Clerk:

-(July 12, 1999) from the City Clerk, forwarding Clause 7 of Toronto Community Council Report No. 9, titled, Ontario Municipal Appeal - 207-217 Roslin Avenue (North Toronto)", which was adopted by City Council at its meeting held on July 6, 7 and 8, 1999; and

-(September 13, 1999) from City Surveyor, Technical Services Division.