Amendments to the Official Plan and Zoning Code

Jaqueline Gaudaur, 2801 Bloor Street West - File No. Z-2270

 The Etobicoke Community Council recommends that:

 (1)the following report (June 24, 1998) from the Commissioner of Urban Development, Etobicoke District, regarding 2801 Bloor Street West, not be adopted;

 (2)the Etobicoke Community Council support the appeal by Ms. J. Gaudaur;

 (3)the City Solicitor attend at the Ontario Municipal Board pre-hearing on July 6, 1998 to support Ms. Gaudaur's position: and

 (4)a report on the results of the pre-hearing be provided to Toronto Council at its July 8 meeting.

 Recommendations 1, 2, 3 and 4 were carried on the following recorded vote:

 Yeas:M. Giansante, B. Kinahan, G. Lindsay Luby, D. O'Brien and B. Sinclair - 5

Nays:E. Brown, D. Holyday and I. Jones - 3

 The Etobicoke Community Council submits the following report (June 24, 1998) from the Commissioner of Urban Development, Etobicoke District:

 Purpose:

 To provide preliminary comments on the processing of an application submitted by Ms. Jaqueline Gaudaur on behalf of herself and rights holders (plot owners) of Park Lawn Cemetery, without the consent of the owner of the land (Park Lawn Cemetery Company Limited). The applicant proposes to amend the Official Plan designation of the property from High Density Residential to Open Space and rezone the property from Fourth Density Residential (R4) to Private Open Space (POS) to prohibit residential uses and permit commercial activities related to the abutting cemetery use, provided that they are appropriately setback from existing and proposed grave sites (See Exhibit No. 1).

 Funding Sources, Financial Implications and Impact Statement:

 City funding is not required. There are no impacts on capital or operating budgets.

 Recommendation:

 It is recommended that:

 1.The application be refused and that the applicant be invited to appear in deputation.

 2.Council authorize the City Solicitor and staff to appear before the Ontario Municipal Board at a Pre-hearing scheduled fore July 6, 1998, to consider appeals from Council's refusal or neglect to consider the applications.

 Comment:

 Reason for Application:

 These lands were previously the subject of an Official Plan and Zoning Code Amendment application submitted by Kening Properties Limited in 1992, to permit the development of a residential condominium apartment building on lands previously removed from the cemetery boundaries. The application was approved by Council for the City of Etobicoke in 1993, and was subject to appeals to the Ontario Municipal Board and Provincial Court. The appeals were dismissed in part, and an eight storey, 135 unit Condominium apartment building was approved. The current owner is pursuing Site Plan Control approval for the project.

 The current application was initiated by Ms. Gaudaur in November, 1997; however, the information submitted was incomplete. Following numerous requests by staff, the applicant submitted all the prescribed information on June 18, 1998. Exhibit No. 2 contains a detailed Chronology of Events for the subject site.

 Staff note that on February 9, 1998, the applicant appealed the application to the Ontario Municipal Board as a result of Council's refusal or neglect to enact the proposed amendments. A Pre-hearing to consider this matter has been scheduled by the Board for July 6, 1998.

 Project Information:

 Existing Use: Cemetery office and driveways

Official Plan: High Density Residential

Zoning Code: Fourth Density Residential (R4) Subject to OMB Order

Gross Site Area: 0.81ha (2.0 ac)

Gross Floor Area:Nil

 Issues:

 The previous application submitted by Kening Properties Limited was the subject of a detailed staff review which determined that there was no need to maintain the lands previous Private Open Space (POS) status and that the lands were appropriate for high density residential development. The application approved by Council was the subject of an Ontario Municipal Board Hearing which resulted in an approval of a high density residential development. Appeals by Ms. Gaudaur before the Provincial Court were also not successful. No new information has been submitted which would alter staff's previous conclusion regarding the appropriateness of the lands for residential development.

 In addition, no city wide issues have been identified in regard to this application.

Status:

 Staff recommend that the application be refused and the applicant be invited to appear in deputation. Direction should also be provided to the City solicitor and staff to attend the Pre-hearing to uphold Council's position.

 Contact Name:

 Paul Zuliani, Area Planner, Development and Design

Tel: (416)394-8230 Fax: (416)394-6063

 Exhibit No. 2

 Chronology of Events

 2801 Bloor Street West

 1.December 11, 1990 Court Order issued by Ontario Court (General Division) deeming lands not to be part of a cemetery.

 2.July 2, 1992Official Plan Amendment and rezoning application submitted by Kening Properties Limited.

 3.April 5, 1993Council for the City of Etobicoke approves the Official Plan Amendment and rezoning application.

 4.December 23, 1993Ministry of Municipal Affairs approves Official Plan Amendment No. 7-93 redesignating lands from Open Space to High Density Residential.

 5.July 15, 1994Council adopts Zoning By-Law 1994-118.

 6.October 30, 1995Ontario Municipal Board Hearing

 7.December 1, 1995Ontario Municipal Board decision regarding Ontario Municipal Board File Nos. C940168 and R940349 allowing the appeal against By-Law 1994-118, in part, subject to certain amendments to the By-Law and dismissing the appeals to the consent application. Order withheld pending receipt of a revised by-law and an approved site plan and site plan agreement.

 8.September 30, 1997Divisional Court Decision released regarding an application for leave to appeal. Leave to appeal was refused, application for judicial review dismissed and application under s.136 of the Municipal Act was quashed.

9.November 4, 1997Application for Official Plan Amendment and rezoning initiated by Ms. J. Gaudaur.

10.December 3, 1997Letter to Ms. Gaudaur requesting additional information required to process the application.

 11.January 20, 1997Phone call to Ms. Gaudaur by staff requesting additional information.

 12.February 9, 1998Letters from Mr. I. Kagan, Solicitor for Ms. Gaudaur, to Ontario Municipal Board and City Clerk appealing a requested amendment to the Official Plan and Zoning Code, pursuant to Section 34(1) and 22(7) of the Planning Act.

 13.March 11, 1998Letter to I. Kagan with copies to City Clerk and Ontario Municipal Board, advising that the prescribed material for the application was not received, and that the time periods for the appeals have not begun.

 14.March 25, 1998Fax to Ms. Gaudaur of letter dated December 3, 1997. Ms. Gaudaur indicated she did not receive original.

 15.April 14, 1998Paul Zuliani meets with Ms. J. Gaudaur and Ms. R. Rhodes to discuss outstanding material required to complete the application and to comply with Council's Notice Policy.

 16.May 4, 1998Fax to Ms. Gaudaur of proposed wording for rezoning signs.

 17.May 29, 1998Notice of Pre-hearing Conference scheduled for July 6, 1998.

 18.June 8, 1998Letter to applicant regarding signage requirements in accordance with Council Resolution No. 456.

_____

 The Etobicoke Community Council reports having had before it the following communication:

 -(June 22, 1998) from Mr. F. Mills, Kening Properties Ltd., providing a summary of the major events regarding approvals over an eight-year period, noting that there has been extensive public consultation and review since 1990, that the rezoning and consent matters were appealed to the Ontario Municipal Board for hearing, at which Ms. Gaudaur was a party to the hearing, and that the Board's decision supported the City of Etobicoke zoning by-law.

 The following persons appeared before the Etobicoke Community Council with respect to the foregoing:

 -Mr. I. Kagan, Solicitor for Ms. J. Gaudaur; and

 -Ms. A. Prodanyk.