Item - 2017.EY23.73

City Council considered Items EY23.73, EY25.40, EY28.3 and EY29.54 together.

City Council considered Items EY23.73, EY25.40 and EY28.3 together.

City Council considered Items EY23.73 and EY25.40 together.

City Council considered Items EY23.73 and EY25.40 together.

Etobicoke York Community Council submits this Item to City Council without recommendation.

Etobicoke York Community Council:

1.  Requested the Director, Community Planning, Etobicoke York District, to determine whether the March 9, 2017 decision of the Ontario Municipal Board implements a zoning amendment that includes Section 37 public benefits in violation of the Board Order of August 27, 2013, and report directly to City Council for its July 4, 2017 meeting.

2.  Requested the Chief Building Official to review and give consideration to revoking the unconditional building permit issued on March 17, 2017, on the basis of error, and that a report on the review be submitted to the September 6, 2017 meeting of the Etobicoke York Community Council.

I am writing to convey my discontent on behalf of my community and myself as the local councillor on the bizarre planning process followed to evaluate the development proposal at the subject site.  Briefly stated, the outcome of the planning process at the subject site is unfair, unreasonable, irrational and unjust.

While there are safeguards in place under the Planning Act and The City of Toronto Act to protect against violation of due process, it appears that the safeguards are surmountable using sophisticated planning.  Sophisticated planning is vulnerable to procedural defects, errors, omissions and greed.  Against this general backdrop and specific circumstances, I have bumped up the final site plan approval to Community Council meeting of June 13, 2017 consistent with the referral of the original application to Community Council meeting of September 10, 2013.

Adherence to procedural rules is a matter of law and the procedural rules must be followed before the merits of the proposal can be heard.  Accordingly, I am concerned that the approval of the condominium registration will nullify the attached outstanding community appeals related to the subject site and deem them redundant and reflective of the disrespect for the involvement of my community under due process.

Additionally, the development proposal at the subject site fails to satisfy two rules or tests.  Essentially, the proposal fails the test of full disclosure under the Planning Act that requires clear communication that is transparent and ensures the appropriate and reliable involvement of impacted members of the public in accordance with the Official Plan.  As well, the proposal fails the test of NO Sec.37 public benefits consistent with the original decision of the OMB issued on Aug. 27, 2013, based on what constitutes a community benefit under the Official Plan.

It is noteworthy that all Provincial Acts applicable to the planning process including the Building Code Act and the Condominium Act must work together to achieve the transparency, accountability and integrity of the planning process.  In that context, I am requesting that Council scrutinize the subject application on draft approval of condominium registration and adopt my recommendations to achieve reasonable and equitable results.