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North York Community Council · 2019-03-19 · 2019.NY4.1

The filed record

Final Report - Official Plan and Zoning By-law Amendment Application and Rental Housing Demolition Applications - 15-21 Holmes Avenue

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The decision

2019-03-27 · Toronto City Council · amended

As filed

City Council on March 27 and 28, 2019, adopted the following: 1. City Council amend the Official Plan for the lands at 15, 19 and 21 Holmes Avenue substantially in accordance with the draft Official Plan Amendment attached as Attachment 2 to the supplementary report (March 14, 2019) from the Director, Community Planning, North District, as follows: a. provide a maximum building height of 104 metres excluding the mechanical penthouse.

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b. permit the private outdoor recreational space to be provided above- grade and on the fourth floor. c. permit a bicycle parking room on the mezzanine level. d. exempt the proposed development from the secondary plan parking rates and provide a minimum of 17 visitor parking spaces. 2. City Council amend the Zoning By-law 7625, for the lands at 15, 19, 21 Holmes Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 3 to the supplementary report (March 14, 2019) from the Director, Community Planning, North District. 3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and draft Zoning By-law Amendment as may be required. 4. Before introducing the necessary Bills to City Council for enactment, City Council require the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows: a. the community benefits recommended to be secured in the Section 37 Agreement are as follows: i. an indoor bicycle parking room with a minimum area of 199 square metres containing 208 bicycle parking spaces and a bicycle repair area located on the mezzanine level and directly accessible to the outdoors via a bicycle ramp; ii. a minimum of 1.5 square metres per dwelling unit of indoor recreational amenity space; and iii. the owner shall provide a monetary contribution by way of certified cheque in a form that is satisfactory to the City to fund up to 5,430 square metres of proposed gross floor area to be used by the City in its sole discretion toward the provision of public recreation centres and social facilities and/or toward the cost of constructing and furnishing such facilities and any other items identified in the North York Centre Secondary Plan; such contribution shall be provided to the City prior to the issuance of the first building permit; and such contribution shall be indexed upwardly to the Toronto Real Estate Board Market Watch Index from the date of execution of the Section 37 Agreement; and b. the following matters are also recommended to be secured in the Section 37 Agreement to support development but are not eligible for additional gross floor area incentives: i. a common outdoor space (mid-block connection) to be located adjacent to the building connecting the public park to the public lane and shall be designed in accordance with the conditions of site plan approval for the project including providing a public access easement and any supporting easements, in favour of the City, to the satisfaction of the City Solicitor; ii. the public laneway will be widened by 0.72 metres along the westerly portion of the property to be conveyed to the City to satisfy the 6 metres lane right- of-way to the satisfaction of the General Manager of Transportation Services; the public laneway will be repaired and maintained to City standards and secured through a legal agreement to specify the future terms of the private use of the public laneway including restrictions of vehicular use southbound on the laneway in coordination with Real Estate Services; iii. Transportation demand measures including the provision of a real time transit display, electric car charging stations and the provision of two car share spaces on-site in appropriate locations to the satisfaction and approval of the General Manager, Transportation Services; iv. the owner shall provide tenant relocation assistance to all eligible tenants to the satisfaction of the Chief Planner and Executive Director, City Planning; vi. the owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard; and vii. the applicant will provide turn restrictions from their property through signage and a concrete curb to restrict traffic from moving southbound on the city owned lane from their site to the satisfaction of the Chief Planner and Executive Director, City Planning. 5. City Council approve the application for a Rental Housing Demolition permit in accordance with Chapter 667 of the Toronto Municipal Code to allow for the demolition of two (2) existing rental dwelling units located at 19 and 21 Holmes Avenue, subject to the following condition: a. the owner shall provide tenant assistance to all tenants, to the satisfaction of the Chief Planner and Executive Director, City Planning. 6. City Council authorize the Chief Planner and Executive Director, City Planning to issue the Preliminary Approval for the application under Municipal Code Chapter 667 for the demolition of the two (2) existing rental dwelling units at 19 and 21 Holmes Avenue after all of the following have occurred: a. satisfaction or securing of the condition in Part 5.a above; b. the Official Plan Amendment has come into full force and effect; c. the Zoning By-law Amendments have come into full force and effect; d. the issuance of the Notice of Approval Conditions for site plan approval by the Chief Planner and Executive Director, City Planning or their designate, pursuant to Section 114 of the City of Toronto Act, 2006; and e. the issuance of excavation and shoring permits for the approved structure on the site. 7. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Section 111 permit under Municipal Code Chapter 667 after the Chief Planner and Executive Director, City Planning has given Preliminary Approval referred to in Part 6 above. 8. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a demolition permit for the fourteen (14) residential dwelling units under Section 33 of the Planning Act no earlier than the issuance of the first building permit for excavation and shoring of the development, and after the Chief Planner and Executive Director, City Planning has given preliminary approval referred to in Part 6 above, which permit may be included in the demolition permit for Chapter 667 under 363- 11.1, of the Municipal Code, on condition that: a. the owner remove all debris and rubble from the site immediately after demolition; b. the owner erect solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building; c. the owner erects a residential building on site no later than four (4) years from the day demolition of the buildings is commenced; and d. should the owner fail to complete the new building within the time specified in condition 8.c. above, the City Clerk shall be entitled to enter on the collector's roll, to be collected in a like manner as municipal taxes, the sum of twenty thousand dollars ($20,000.00) for each dwelling unit for which a demolition permit is issued, and that each sum shall, until payment, be a lien or charge upon the land for which the demolition permit is issued. 9. City Council approve a development charge credit against the Parks and Recreation component of the development charges for the design and construction by the owner of the above base park improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost of the owner of designing and constructing the above base park improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of the development charges payable for the development in accordance with the City's development charges by-law, as may be amended from time to time. 10. Before introducing the necessary Bills to City Council for enactment, outstanding engineering issues outlined in the memo dated February 20, 2019 from Engineering and Construction Services as they relate to the Zoning By-law amendment to be addressed to the satisfaction of the Director, Community Planning, North York District, in consultation with the Executive Director and Chief Engineer, Engineering and Construction Services. 11. City Council approve a development charge credit against the roads and related component of the development charges in an amount approved by the General Manager, Transportation Services and up to the amount of $350,000, payable for the construction by the owner of the proposed roads and related, and cycling improvements at the intersection of Doris Avenue and Holmes Avenue, excluding the proposed road improvements immediately fronting the development site; the development charge credit shall be in an amount that is the lesser of sixty percent of the cost to the owner of constructing the improvements, as approved by the General Manager, Transportation Services, and the roads and related component of the development charges payable for the development in accordance with the City's development charges by-law, as it may be amended from time to time. 12. City Council exercise its authority under subsection 34(17) of the Planning Act and allow changes to the proposed zoning by-law amendment after the holding of a statutory public meeting held pursuant to subsection 34(12)(a)(ii) of the Planning Act as City Council has determined that no further notice is to be given in respect of the proposed zoning by-law amendment. 13. City Council direct the City Solicitor and other appropriate staff the authority to carry out such actions as may be required in order to give effect to City Council's decision.

On the agenda

As the city filed it

This application proposes to amend the Official Plan and Zoning By-law to permit a 33-storey residential building with a height of 105.80 metres plus mechanical penthouse, containing 367 units with vehicle access taken from the existing public laneway on the west side of the site. The overall gross floor area is 24,845 m² resulting in a Floor Space Index of 4.99 times the lot area at 15, 19 and 21 Holmes Avenue. The application proposes to demolish fourteen existing dwelling units, of which 12 are condominium townhouses that are currently rented and two are house form rental dwelling units.

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A total of 125 parking spaces will be provided within a 3-level underground garage and 367 bicycle parking spaces will be provided on the mezzanine level (208 spaces) and underground garage (159 spaces). A public laneway is located on the west perimeter of the site that runs the full length of the subject block from Holmes Avenue to the north and Byng Avenue to the south. The public laneway provides access to parking and site servicing at the rear of the two-storey retail buildings fronting Yonge Street. Through the redevelopment of this site, the existing public laneway will be widened to six metres for the portion that abuts the subject site. The proposal provides for appropriate residential intensification within the North York Centre consistent with the key objectives of the North York Centre Secondary Plan. The proposed development reinforces the existing and planned built form context for the area and provides improved multi-modal infrastructure to promote active transportation uses. The proposed development is consistent with the Provincial Policy Statement (2014) and conforms to the Growth Plan for the Greater Golden Horseshoe (2017) as the proposal promotes an efficient use of land and infrastructure that maximizes the number of transit users within walking distances of a subway station (Finch Subway Station). This report reviews and recommends approval of the applications to amend the Official Plan and Zoning By-law and the processing of the Rental Housing Demolition application.

Staff recommended

The City Planning Division recommends that: 1. City Council amend the Official Plan for the lands at 15, 19 and 21 Holmes Avenue substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 5 to this report, as follows: i. provide a maximum building height of 105.80 metres excluding the mechanical penthouse; ii. permit a residential development of 100 dwelling units or greater be required to provide a minimum of 1.46 square metres per dwelling unit of private outdoor recreational space; iii.

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permit the private outdoor recreational space to be provided above-grade and on the fourth floor; and iv. permit a bicycle parking room on the mezzanine level. 2. City Council amend the Zoning By-law No. 7625, for the lands at 15, 19, 21 Holmes Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to this report. 3. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and draft Zoning By-law Amendment as may be required. 4. Before introducing the necessary Bills to City Council for enactment, require the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows: a. the community benefits recommended to be secured in the Section 37 Agreement are as follows: i. an indoor bicycle parking room with a minimum area of 199 m² containing 208 bicycle parking spaces and a bicycle repair area located on the mezzanine level and directly accessible to the outdoors via a bicycle ramp; ii. a minimum of 1.5 square metres per dwelling unit of indoor recreational amenity space; iii. the owner shall provide a monetary contribution by way of certified cheque in a form that is satisfactory to the City to fund up to 5,967 square metres of proposed gross floor area to be used by the City in its sole discretion toward the provision of public recreation centres and social facilities and/or toward the cost of constructing and furnishing such facilities and/or toward the cost of the City acquiring lands necessary for the completion of planned service roads and associated road network and buffer areas in the North York Centre including any improvements thereto for the purposes of pedestrian enhancing measures. Such contribution shall be provided to the City prior to the issuance of the first building permit. Such contribution shall be indexed upwardly to the Toronto Real Estate Board Market Watch Index from the date of execution of the Section 37 Agreement. For further clarity, funds from the monetary contribution will also be used for and subtracted from the amount of the monetary contribution as follows: 1. pedestrian, road and bicycle infrastructure improvements to Holmes Avenue as well as intersection improvements to Holmes Avenue and Doris Avenue, with a detailed cost estimate to be submitted to the satisfaction of the Chief Planner and Executive Director, City Planning, and the General Manager, Transportation Services. 2. above base pedestrian improvements to the common outdoor space (mid-block connection) including enhanced pedestrian signage, lighting and enhanced hard and soft landscaping. A detailed cost estimate to be submitted to the satisfaction of the Chief Planner and Executive Director, City Planning. b. the following matters are also recommended to be secured in the Section 37 Agreement to support development but are not eligible for additional gross floor area incentives: i. a common outdoor space (mid-block connection) to be located adjacent to the building connecting the public park to the public lane and shall be designed in accordance with the conditions of site plan approval for the project including providing a public access easement and any supporting easements, in favour of the City, to the satisfaction of the City Solicitor; ii. transportation demand measures including the provision of a real time transit display, electric car charging stations and the provision of two car share spaces; iii. the owner shall provide tenant relocation assistance to all eligible tenants to the satisfaction of the Chief Planner and Executive Director, City Planning; and iv. the Owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council at its meeting held on October 26 and 27, 2009 through the adoption of item PG32.3 of the Planning and Growth Committee, and as updated by Toronto City Council at its meeting held on December 5, 6 and 7, 2017 through the adoption of item PG23.9 of the Planning and Growth Committee, and as may be further amended by City Council from time to time. 5. City Council authorize the Chief Planner and Executive Director, City Planning Division, to issue the Preliminary Approval for the application made under Municipal Code Chapter 667 for the demolition of the 2 rental dwelling units at 19-21 Holmes Avenue after all of the following have occurred: a. the Chief Planner and Executive Director, City Planning has approved the application to demolish the existing rental units; b. the issuance of excavation and shoring permits for the approved development of the site; and c. the issuance of the Notice of Approval Conditions for site plan approval by the Chief Planner and Executive Director, City Planning Division, or their designate, pursuant to Section 114 of the City of Toronto Act, 2006. 6. City Council authorize the Chief Building Official to issue a Section 111 permit under Municipal Code Chapter 667 after the Chief Planner and Executive Director, City Planning Division, has given preliminary approval referred to in Recommendation 5. 7. City Council authorize the Chief Building Official to issue a demolition permit under Section 33 of the Planning Act no earlier than the issuance of the first building permit for excavation and shoring of the development, and after the Chief Planner and Executive Director, City Planning Division, has given Preliminary Approval referred to in Recommendation 5, such permit may be included in the demolition permit for Chapter 667 under 363-11.1, of the Municipal Code, on condition that: a. the owner erects a residential building on site no later than 3 years from the day demolition of the buildings is commenced; and b. should the owner fail to complete the new building within the time specified in condition (a) above, the City Clerk shall be entitled to enter on the collector's roll, to be collected in a like manner as municipal taxes, the sum of $20,000.00 for each dwelling unit for which a demolition permit is issued, and that each sum shall, until payment, be a lien or charge upon the land for which the demolition permit is issued. 8. City Council approve a development charge credit against the Parks and Recreation component of the development charges for the design and construction by the owner of the above base park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation. The development charge credit shall be in an amount that is the lesser of the cost of the owner of designing and constructing the above base park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of the development charges payable for the development in accordance with the City's development charges by-law, as may be amended from time to time. 9. Before introducing the necessary bills to City Council for enactment, outstanding engineering issues outlined in the memo dated June 14, 2018 from Engineering and Construction Services as they relate to the zoning by-law amendment to be addressed to the satisfaction of Director, Community Planning, North York District in consultation with the Executive Director and Chief Engineer, Engineering and Construction Services.

Considered

  • 2019-03-19 · North York Community Council · forwarded without recommendation

    Decision as filed

    North York Community Council submits this item to City Council without recommendation.

    Clerk’s note

    North York Community Council commenced a statutory public meeting on February 14, 2019 and continued the public meeting on March 19, 2019 and notice was given in accordance with the Planning Act. No one addressed the North York Community Council on February 14, 2019 or March 19, 2019.

  • 2019-03-27 · Toronto City Council · amended

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