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Toronto City Council · 2019-04-16 · 2019.CC6.6

The filed record

45 LaRose Avenue - Zoning By-law Amendment Application - Request for Directions

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The decision

2019-04-16 · Toronto City Council · amended

As filed

City Council on April 16 and 17, 2019, adopted the following: 1. City Council direct the City Solicitor to attend the Local Planning Appeal Tribunal hearing to oppose the proposed development at 45 LaRose Avenue on the grounds there was a density transfer to 1407 Royal York Road from 45 LaRose Avenue. 2. City Council authorize the City Solicitor to retain external consultants as necessary. 3. In the event the preliminary

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issue of whether there was a density transfer is not determined in the City's favour, or if it is determined in the City's favour but the Local Planning Appeal Tribunal decides to proceed on the merits of the appeal, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to dispose of the appeal in a fashion satisfactory to the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, including requesting the Local Planning Appeal Tribunal to withhold its Order on the Zoning By-law Amendment until such time as: a. the Local Planning Appeal Tribunal has been advised by the City Solicitor that all matters arising from the circulation and review of the proposal have been resolved to the satisfaction of the Chief Planner and Executive Director, City Planning; b. a Section 37 Agreement has been executed to the satisfaction of the City Solicitor securing the rental tenure of the existing rental building without application to convert or demolish for at least 20 years and securing needed improvements to the existing rental building; and c. the Local Planning Appeal Tribunal has been advised by the City Solicitor that the proposed Zoning By-law Amendments are in a form satisfactory to the City. 4. City Council direct that Confidential Attachments 1 and 2 and Confidential Appendix A to Confidential Attachment 2 to the report (April 9, 2019) from the City Solicitor remain confidential in their entirety, as they contain advice and information that is subject to solicitor-client privilege. Confidential Attachments 1 and 2, and Confidential Appendix A to Confidential Attachment 2 to the report (April 9, 2019) from the City Solicitor remain confidential in their entirety in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice and information that is subject to solicitor-client privilege.

The vote

Adopt Item as Amended · Carried, 19-0

For (19)Cynthia Lai, Denzil Minnan-Wong, Frances Nunziata, Gary Crawford, Gord Perks, Jennifer McKelvie, Jim Karygiannis, Joe Cressy, John Filion, Josh Matlow, Kristyn Wong-Tam, Mark Grimes, Michael Ford, Michael Thompson, Mike Colle, Mike Layton, Paul Ainslie, Shelley Carroll, Stephen Holyday
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On the agenda

As the city filed it

Samper Developments Limited (the "Applicant") is the owner of lands municipally known as 45 LaRose Avenue (the "Subject Site"). The Subject Site is located on the south side of LaRose Avenue, west of Scarlett Road. The Applicant submitted a Zoning By-law Amendment application (the "Application") to the City in December, 2016. The Application was deemed complete on August 1, 2017. The Applicant proposed to develop an infill apartment building, consisting of a seven-storey rental apartment building on the western portion of the Subject Site.

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This area of the Subject Site is currently occupied by surface parking serving the existing apartment building on the east side of the Subject Site. The proposed building has an area of 15,587 square metres, with a total of 187 units. On February 22, 2017, Etobicoke York Community Council adopted the recommendations of the January 31, 2017 Preliminary Report from the Director, Community Planning, Etobicoke York District (the "Preliminary Report"), and directed staff to schedule a community consultation meeting, directed that notice for the community consultation meeting be given, and that notice for the statutory public meeting be given. The Preliminary Report identified a list of issues related to the Application, to be resolved, which included: consistency with the Provincial Policy Statement and conformity with the Growth Plan for the Greater Golden Horseshoe; review of the proposal within the context of the Official Plan policies, particularly policies 4.2.2 and 4.2.3; review of the proposal within the context of the Council adopted and Ministry-approved policy direction from Official Plan Amendment 320; conformity with the Mid-Rise Building Design Guidelines; site layout, organization and safety; appropriateness of building heights and density; appropriateness of building setbacks and massing; impacts on adjacent properties, particularly the abutting Neighbourhoods designated areas, including shadows; site circulation (including private driveways and walkways), loading, waste storage and collection; assessment of traffic and transportation impacts; location and provision of surface and below-grade parking, including vehicles and bicycles; appropriateness of the relationship between building entrances and streets; appropriateness of cash-in-lieu of parkland as opposed to securing on-site parkland; appropriateness of the proposed improvements to the existing building; appropriateness of the proposed improvements to the indoor and outdoor amenity spaces, for residents of both the existing and proposed buildings; appropriateness of the proposed mix of dwelling unit types; tenant mitigation measures during construction; how the existing rental units will be secured; and the applicability of Section 37 of the Planning Act to secure appropriate community benefits, should the application be recommended for approval. Notice was given for the community consultation meeting, as directed by Etobicoke York Community Council. The community consultation meeting was held and local residents attended the meeting to provide comments on the proposed development. City staff have continued to meet with area residents to discuss their comments, up to and including January, 2019. On November 7, 2017, the Applicant appealed the Application to the Ontario Municipal Board, now continued as the Local Planning Appeal Tribunal (the "LPAT"), due to City Council's failure to make a decision. The first Pre-Hearing Conference of the LPAT was held on April 13, 2018, at which time parties and participants were identified. Numerous area residents attended the first Pre-Hearing Conference, and four of them requested and were granted participant status. A second Pre-Hearing Conference was scheduled for February 11, 2019, which was adjourned to allow Council the opportunity to provide direction to the City Solicitor. The purpose of this report is to request further instructions with respect to the Application. City Planning has been involved in the preparation of this report.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations 1, 2 and 3 contained in the Confidential Attachment 1, Confidential Attachment 2, and Appendix "A" to Confidential Attachment 2, if adopted by City Council. 3. City Council direct that all other information

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contained in Confidential Attachment 1 is to remain confidential at the discretion of the City Solicitor, as it contains advice and information which is subject to privilege.

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