LETTER FROM LAKESHORE PLANNING COUNCIL TO MINISTER OF MUNICIPAL AFFAIRS ABOUT POLICY ISSUES IN DEVELOPER'S APPLICATION

LAKESHORE PLANNING COUNCIL

185 FIFTH STREET, TORONTO ON M8V 2Z5

www.lakeshoreforum.ca

Sent via fax: (416) 585-6470 &

Jbradley.mpp@liberal.ola.org

June 30, 2010

The Honourable Jim Bradley, Minister of Municipal Affairs and Housing

Ministry of Municipal Affairs and Housing
17^th Floor
777 Bay Street
Toronto, Ontario M5G 2E5

The Honourable Jim Bradley,

Re: 51 Lake Shore Drive, Etobicoke – Official Plan and Rezoning Amendment and Site Plan Applications

I am writing to you on behalf of the Lakeshore Planning Council, a local community group in South Etobicoke. 

We are respectfully requesting recommendations as to how we would bring forward a policy change that will not allow a developer to submit changes to a development proposal, after the required deadlines for a City Council decision on the Zoning By-Law (120 days) and Official Plan Amendment (180 days) have passed. 

We have a situation where the applicant has submitted plans to permit the development of six-semi-detached dwelling units and one single detached dwelling unit on a waterfront property zoned R2 and G (open space). 

The developer submitted his proposal in August 2008 and then withdrew the proposal in December 2008. 

On April 17^th, 2009, the developer re-submitted a change to his proposal after the required deadline for a Council decision on the Zoning By-Law Amendment (January 1, 2009) and Official Plan Amendment (March 1, 2009). 

On April 29th, 2009 the developer submitted the application to the Ontario Municipal Board (OMB) on the grounds that the city failed to make a decision on the Zoning By-Law Amendment within 120 days and on the Amendment to the Official Plan within the prescribed 180-day time limit.                    

                                                                                                                                               

...2

We feel that the developer is responsible for the delay and the application should not have been forwarded to the OMB.  How can we change this?

                                                                                                                                               

Moreover, a preliminary report was not made available to the Etobicoke-York Community Council for review and therefore there was no public meeting on this application to afford public comments. 

The application has been adjourned sine die at the OMB. 

The applicant is applying to the land registry office for absolute title of the property.  To date, the Ministry of Natural Resources (MNR) has claimed a portion of the shoreline. The community is claiming that the lands between the original 1909 survey and the lands claimed by the MNR belong to the municipality because they are zoned open space G (see map below for current zoning, and map on following page highlighting the lands in question).

Note: Proposed City of Toronto zoning by-law harmonization maintains this G zoning.

Detailed information pertaining to this proposal, which may help staff determine how policy can be changed to avoid this situation in the future, is attached.

Please do not hesitate to contact me, if you need clarification or have any questions. I can be reached at 416-571-8221.

We look forward to your response,

Paul Chomik, P. Eng.

Lakeshore Planning Council

cc         The Honourable Laurel Broten, MPP

            Mayor & Members of Toronto City Council

Gary Wright, City of Toronto, Chief Planner

            Mark Wilson, Chair, & Board of Directors, Waterfront Toronto

            D. Keith Laushway, Chair, & Board of Directors, Waterfront Regeneration Trust                               ...3

51 Lake Shore Drive –

Official Plan and Rezoning Amendment

and Site Plan Applications

Application for a single family dwelling unit (2007)

1.                  The site, Lot 103 Plan 1478 (1909 survey) was purchased on January 4, 2007. 

2.                   The new owner submitted an application to amend the Official Plan and the Etobicoke Zoning Code for a single-family dwelling on June 5, 2007.  The application is submitted for lands that are zoned G in the Official Plan and are not owned by the applicant.

3.                  A preliminary planning staff report dated September 18, 2009 recommending a community consultation meeting, among other directions, was adopted by the Etobicoke York Community Council is circulated: http://lakeshoreforum.ca/content/51-lake-shore-drive-preliminary-report

4.                  Please Note: Attachment 3 & 4 of the above-noted planning staff report indicates that the property is “subject to confirmation of property delineation”. 

5.                  On December 5, 2007 a community consultation meeting is held.

6.                  The applicant subsequently withdraws this application to permit a house on the site.

Application for 7 townhouses (2008)

7.                  On August 12, 2008, the applicant submitted an Official Plan Amendment and Rezoning applications and an application for Site Plan Approval to permit a four-storey townhouse block consisting of seven townhouse dwellings: Gross Floor Area: 19,134 sq ft Floor Space Index: 1.51 Lot Coverage: 61.42%.

8.                  The local Councillor holds an informal community meeting on November 27, 2008.  Approximately 140 residents attend the meeting and reject the applicant’s proposal.

9.                  In December 2008, the applicant advised planning staff that they would not be proceeding with the townhouse proposal and that he would be submitting a revised proposal for the applications.

10.               On this basis, city staff did not prepare a Preliminary Report but awaited the revised resubmission for reporting purposes.

11.               On January 1, 2009, the required deadline for a Council decision on a Zoning By-Law Amendment passes.

12.               On March 1, 2009, the deadline for a Council decision on an Official Plan Amendment also passes.

13.               On April 17th, 2009, the applicant submits a revised proposal to the planning department for three semi-detached homes and one single family house. Gross Floor Area: 20,542 Floor Space Index: 1.62 Lot Coverage: 61.05%

14.               April 29th, 2009, City of Toronto Clerk’s Department receives a notification that the applicant has submitted the application to the Ontario Municipal Board (OMB) on the grounds that the city failed to make a decision on the Zoning By-Law Amendment within 120 days and on the Amendment to the Official Plan within the prescribed 180-day time limit.

Application headed to the OMB

15.              At the Etobicoke-York Community Council meeting of May 14^th, 2009, a motion is approved to direct the Director, Community Planning, Etobicoke York District, to report to its June 9, 2009 meeting on the revised plan for development at 51 Lake Shore Drive.

16.              May 22nd, 2009, Planning Staff report recommends that the Chief Planner and Executive Director, City Planning Division, to report directly to the City Council meeting on July 6, 2009, in order to establish the City’s position at the upcoming Ontario Municipal Board hearing.http://www.toronto.ca/legdocs/mmis/2009/ey/bgrd/backgroundfile-21375.pdf

17.               This decision effectively by-passed a discussion of this application at the Etobicoke-York Community Council where issues of landownership could have been raised.  Moreover, the public would not get an opportunity to comment on the staff report.

18.              City Council on August 5 and 6, 2009 deferred consideration of the 51 Lake Shore Drive application to its next regular meeting on September 30, 2009.  City Council did not meet on July 6^th, 2009 because of the labour dispute. http://www.toronto.ca/legdocs/mmis/2009/cc/bgrd/backgroundfile-22673.pdf

19.              On September 29, 2009, Planning Staff submit a report as a Supplementary Agenda item http://www.lakeshoreforum.ca/content/51-lake-shore-drive-%E2%80%93-request-direction-report for the September 30, 2009 City Council meeting recommending refusal of the application, instructions to direct the City Solicitor to oppose the application at the OMB and in the event the application is approved, to impose the necessary site plan approval as determined by staff.

Ontario Municipal Board hearing November 23, 2009

20.              The November 23^rd, 2009 hearing of the 51 Lake Shore Drive application is adjourned on the morning of November 25, 2009.  We believe that the applicant submitted to city staff a non-registered survey dated December 4, 2009 in support of their application. 

21.              The original 1909 survey for this property is considerably smaller. These lands were the subject of much landfill. The OMB Member indicates that he cannot make a decision for a property that is not owned by the applicant.

 

Land Registry Office – Obtaining Absolute Title of the Properties

22.              On December 9, 2009, the applicant submits an application to the land registry office for absolute title of the lands.

23.              The Ministry of Natural Resources claims 25 ft of the shorelines measured from the shoreline to the top of bank. https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg0J_RgXqN1wyLL-ysV8KddfI39I9oYJROgrZsnIoiIVFJOtrbCfATRUOY5BRfzOIgHP-bpDSlGixK3hwAZW44AtVPIE8iYOtbdMWGIz7oRC9QVf5yWgvEPaV3FaXiVihk8XENn9alkbPVo/s1600/survey0001.jpg

24.              On June 3, 2010, the applicant applies to the Land Registry Office for the remainder of the lands on the property.  The community and the municipality has until July 5, 2009 to demonstrate that the lands zoned G (open space) are landfill and public lands.  Maps provided as attachments to the following report:  http://www.lakeshoreforum.ca/content/51-lake-shore-drive-%E2%80%93-request-direction-report

25.              The original 1909 lot 103 registered plan 1478 for this property demonstrates that the applicant is claiming as part of the registered plan additional lands. We believe, that the lands between the 1909 survey and those claimed by the Ministry of Natural Resources are public lands (as shown on map, page 3).