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Toronto City Council · 2019-07-16 · 2019.CC9.12

The filed record

2779, 2781 Yonge Street and 15-17, 19-21 Strathgowan Avenue - Zoning By-law Amendment Application - Request for Further Directions Regarding Local Planning Appeal Tribunal Appeal

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The decision

2019-07-16 · Toronto City Council · amended

As filed

City Council on July 16, 17 and 18, 2019, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 5, 2019) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (July 5, 2019) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 5, 2019) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

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4. City Council direct the General Manager, Transportation Services to install a No Right Turn restriction preventing right turn movements out of the driveway entrance of the proposed development onto Strathgowan Avenue as part of the Site Plan approval process. 5. City Council direct City Planning staff to consult with the Ward Councillor during the Site Plan approval process about any comments and concerns of local area stakeholders. 6. City Council direct City Planning staff to require as a condition of Site Plan approval that the Applicant provide a Construction Management Plan to the satisfaction of the General Manager, Transportation Services, the Chief Engineer and Executive Director, Engineering and Construction Services and the Ward Councillor. 7. In addition to the community benefits already authorized to be secured pursuant to Section 37 of the Planning Act by City Council's decision on Item CC12.12 at its meeting held on February 3 and 4, 2016 and the Local Planning Appeal Tribunal's decision dated June 8, 2016 regarding Case PL141372, City Council further authorize the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act as follows: a. the Applicant shall provide to the City an additional indexed cash contribution of $250,000.00 to be paid prior to first building permit to be directed to community benefits in the form of capital improvements, including park improvements, in the vicinity of the property at 2779, 2781 Yonge Street and 15-17, 19-21 Strathgowan Avenue at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Parks, Forestry and Recreation and the Ward Councillor; and b. the Applicant shall design and construct at its sole cost and expense an extension of the public sidewalk along Strathgowan Avenue between Yonge Street and St. Hilda's Avenue, including the portions of the sidewalk that are beyond the property at 2779, 2781 Yonge Street and 15-17, 19-21 Strathgowan Avenue, with the location, design, and construction of such sidewalk to be fully compliant with City standards, including the preservation and maintenance of existing City trees, and all to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services, in consultation with the Ward Councillor, and the Applicant shall further provide a letter of credit to the City prior to Site Plan approval securing the cost of the design and construction works related to the sidewalk in an amount and form to the satisfaction of the General Manager, Transportation Services. The confidential instructions to staff in Confidential Attachment 1 to the report (July 5, 2019) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council authorize the City Solicitor and appropriate City Staff to support the Revised Design as shown in the Architectural Plans by Rafael + Bigauskas Architects dated May 2, 2019 for the property at 2779, 2781 Yonge Street and 15-17, 19-21 Strathgowan Avenue in connection with Ontario Municipal Board/Local Planning Appeal Tribunal File PL141372 and to prepare the final form of zoning by-law amendments reflecting the Revised Design. The balance of Confidential Attachment 1 to the report (July 5, 2019) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (July 5, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

Devron (YS) Ltd. (the "Applicant") is the owners of lands municipally known as 2779, 2781 Yonge Street & 15-17, 19-21 Strathgowan Avenue (the "Subject Site"). The Subject Site is located at the south-east corner of Yonge Street and Strathgowan Avenue. On February 21, 2013, the former owner of the property, 1655584 Ontario Limited, submitted a Zoning By-law Amendment application to the City to permit the development of a 9-storey residential building with ground floor commercial uses (the "Application").

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On November 28, 2014, the owner appealed the Application to the Ontario Municipal Board ("OMB") (now the Local Planning Appeal Tribunal ("LPAT")) as OMB/LPAT File No. PL141372. On February 3, 2016, City Council adopted a settlement of the OMB appeal of the Application as Item CC.12.12. A settlement hearing was held on May 12, 2016, and on June 8, 2016 the OMB issued its decision approving the Application (the "OMB Decision"). In the OMB Decision, the OMB withheld its final order until the City Solicitor has confirmed in writing that a Section 37 agreement has been executed and registered on title, that the City has issued notice of approval conditions for the site plan application, and that the zoning by-law amendments are in a final form to the satisfaction of all the parties. To date, the final order of the OMB has not been issued as the conditions have yet to be fulfilled. At some time after the release of the OMB Decision, the Applicant acquired the Subject Site from the previous owner. On May 3, 2019, following discussion with City staff through the course of the now ongoing site plan approvals process, the Applicant made a resubmission to the City with a revised design for the proposal (the "Revised Design"). This Revised Design includes changes to the proposal and the draft form of the zoning by-law amendments that City Council endorsed as a settlement and that is the subject of the OMB Decision. The Revised Design was made following consultation and with the input of City Staff, neighbours, and the parties to the OMB appeal. The Revised Design is public and is described in more detail in the "Comments" section below. The purpose of this report is to seek further instructions from City Council. A related rental housing demolition application has also been submitted in relation to the Application. There are 28 existing rental dwelling units located on the Subject Property that are proposed to be demolished and replaced within the new development. The Revised Design maintains the rental replacement as originally proposed. On June 25, 2019, North York Community Council considered a Final Report regarding the rental housing demolition application for the Subject Property as Item NY7.5, and adopted Staff's recommendations. Community Council has recommended that City Council approve the application for a rental housing demolition permit subject to the replacement of the 28 existing rental dwelling units and certain other conditions. City Council will also consider that report at its meeting on July 16 and 17, 2019. The Final Report regarding the rental housing demolition application should be considered in conjunction with this Solicitor's Report. 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 contained in the Confidential Attachment 1 to this report, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.

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