460 Rogers Road - Consent Agreement Arising from

an Ontario Municipal Board Order

Ward 27, York Humber

The York Community Council recommends the adoption of the following report (November25, 1998) from the Director, Community Planning, West District:

Purpose:

To obtain the authority for the Chief Financial Officer & Treasurer and Clerk, on behalf of the City, to enter into a Consent Agreement with respect to the subject property.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendation:

It is recommended that:

(1)the Chief Financial Officer & Treasurer and the City Clerk, be authorized, on behalf of the City, to execute a Consent Agreement with respect to 460 Rogers Road, in the former City of York, such Consent Agreement to be in form satisfactory to the City Solicitor; and

(2)the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

Council Reference/Background/History:

This matter arises from an Ontario Municipal Board order dated September 24, 1998 dealing with the appeal of seven Consent applications ( files CA-98-55 to CA-98-61 inclusive) to create and convey seven townhouse lots and with the appeal of a variance application (file CA-98-54) to permit rear yard landscaped open space and parking for a proposed alteration and renovation of a commercial building, to a mixed use residential and commercial building.

The applications pertains to the property municipally known as 460 Rogers Road which is located on the north side of Rogers Road between Chambers Avenue and Kane Avenue. (See Appendix 1) The existing one and two storey building on the property was formerly occupied by a legal non-conforming public garage use. The property is irregular in shape and has a frontage of 71.2 metres and an area of 2,093 square metres.

The owner of the property wishes to demolish the rear one storey portion of the existing building and renovate the remaining two-storey portion, to provide commercial uses at grade and five residential units on the second floor. Thirteen parking spaces for the mixed use building, as well as, landscaped open space would be provided on the rear portion of the property. The parking area entrance would be provided from Rogers Road to the west of the mixed use building and to the rear of the proposed townhouses on Kane Avenue. In order to permit this proposal the owner applied to the Committee of Adjustment for a variance (file CA-98-54) to permit landscaped open space and parking in the rear yard.

In addition, the owner proposes a development consisting of seven freehold three storey townhouses; three units fronting on Kane Avenue and four units fronting on Chambers Avenue. Seven consent applications were filed ( files CA-98-55 to CA-98-61 inclusive) to create lots for the conveyance of the seven townhouses The Site Plan for the development is attached as Appendix 2.

By its decisions dated March 24, 1998, the Committee of Adjustment granted the variance application and granted the provisional consent, subject to a number of conditions including that the owner enter into a consent agreement satisfactory to the City Solicitor, to require the submission of a Record of Site Condition pursuant to the Ministry of Environment "Guideline for Use at Contaminated Sites In Ontario" indicating the suitability of the lands for residential/parkland purposes, prior to the issuance of any Building Permit, and to require any other matters as deemed appropriate by the City Solicitor.

The applications were appealed by an abutting neighbour to the Ontario Municipal Board. The Board by Order dated September 24, 1998, authorized the requested minor variance subject to two conditions as follows:

1.that the owner enter into an agreement to the satisfaction of the City Solicitor to provide for the submission of a completed Record of Site Condition indicating the suitability of the lands for residential/parkland use; a picnic table in the rear yard and appropriate landscaping ; and any other matters as deemed appropriate by the City Solicitor; and

2.that the owner make application to the Operations Services Department for the new curbs cuts to provide access from Rogers Road to the parking area.

The Board's Order also granted conditional consent to convey the seven townhouse lots subject to the following conditions:

1.the related minor variance application becoming final and binding and the associated conditions being satisfied;

2.the applicant paying a levy for parks or other recreational purposes equal to 5% of the total value of the severed land; and

3.the owner entering into an agreement for the site to the satisfaction of the CitySolicitor to provide for the submission of a completed Record of Site Condition, indicating the suitability of the lands for residential/parkland use, the submission of revised elevation plans satisfactory to the City which will indicate additional brick or other decorative appointments for the end walls of the townhouses; and for a security in the amount of $10,000.00, to be held by the City until completion of the project and used in the event that any adjacent landowner proves that construction damage has occurred to their properties.

Comments and/or Discussion and/or Justification:

The entering into of the Consent Agreement is necessary in order for the owner of the subject property to finalize the land severance and advance the development to the building permit stage. Other conditions imposed by the Ontario Municipal Board order relating to the minor variances can also be incorporated into the Consent Agreement. The agreement is currently being prepared in a form satisfactory to the City Solicitor.

Conclusions:

The entering into a registration of the Consent Agreement against title to the subject property will satisfy the conditions imposed by order of the Ontario Municipal Board granting consent for the conveyance of seven freehold townhouse development lots.

Contact Person:

L. Moretto, Manager,

Community Planning, West District (York Office)

Tel: 394-2617

Fax: 394-2782

(Copies of Appendix 1: Location Map and Appendix 2:Site Plan referred to in the foregoing communication, were forwarded to all Members of Council with the agenda of the York Community Council meeting of December 9, 1998 and a copy thereof is on file in the Clerk's Department, York Civic Centre.)