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North York Community Council · 2021-09-13 · 2021.NY26.1

The filed record

Refusal Report - Official Plan and Zoning By-law Amendment Application - 12 to 24 Leith Hill Road

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The decision

2021-10-01 · Toronto City Council · adopted

As filed

City Council on October 1 and 4, 2021, adopted the following: 1. City Council direct the Chief Planner and Executive Director, City Planning to bring forward a report to the North York Community Council meeting on November 23, 2021 which attaches the draft Official Plan Amendment and Zoning By-law Amendments to implement the proposed development. 2. City Council direct that notice for the statutory public meeting under the Planning Act be given according to the regulations of the Planning Act.

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3. City Council direct the Chief Planner and Executive Director, City Planning to work with the applicant, in consultation with the local councillor, to negotiate the provision of facilities, services and matters pursuant to Section 37 of the Planning Act in the amount of $1.5 million to be allocated to improvements to Fairview Public Library and Oriole Community Centre.

On the agenda

As the city filed it

This report reviews and recommends refusal of the application to amend the Official Plan and Zoning By-laws for the lands at 12 to 24 Leith Hill Road to permit three blocks of townhouse units, containing 48 dwelling units, at the western limit of the site, and an 11-storey residential building, proposed with 121 dwelling units, to the east of the existing 16-storey apartment building. The existing 16-storey apartment building, containing 221 dwelling units, and 2-storey block of townhouse units, containing a total of 6 townhouse units, at 12 to 24 Leith Hill Road are proposed to be retained as part of the application.

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An application for Rental Housing Demolition and Conversion under Section 111 of the City of Toronto Act (Chapter 667 of the Municipal Code) has been filed to permit the demolition of one (1) existing 1-bedroom rental dwelling unit in the existing 16-storey apartment building. This application will be reviewed under delegated approval. The proposed development is not consistent with the Provincial Policy Statement (2020) and does not conform with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020). The proposal sets out inappropriate development standards that do not allow for the orderly development of the lands. The proposal fails to conform with the policies of the City of Toronto Official Plan, including the Sheppard East Subway Corridor Secondary Plan, and does not appropriately respond to the Tall Building Guidelines, including inadequate setbacks, separation distances and scale of development.

Staff recommended

The City Planning Division recommends that: 1. City Council refuse the application for Official Plan Amendment and Zoning By-law Amendments at 12 to 24 Leith Hill Road for the reasons as set out in this report, from the Acting Director, Community Planning, North York District, dated February 1, 2021. 2. City Council authorize the City Solicitor, together with appropriate staff, to appear before the Local Planning Appeal Tribunal (LPAT) in support of City Council's decision to refuse the application, in the event that the application is appealed to the LPAT.

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3. In the event that the Local Planning Appeal Tribunal approves the applications in whole or in part, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal withhold its Order(s) approving the Official Plan and Zoning By-law Amendments applicable to the subject lands until such time as the City Solicitor confirms that: a. the final form and content of the Official Plan Amendment(s) and Zoning By-law Amendment(s) are satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor, in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services, and other appropriate Divisions; b. a Section 37 Agreement securing facilities, services and matters satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor has been executed and registered on title to the lands to the satisfaction of the City Solicitor; c. the owner has, at the owner's sole expense: i. submitted a revised Functional Servicing Report including confirmation of water and fire flow, sanitary and storm water capacity, Stormwater Management Report and Hydrogeological Review, including the Foundation Drainage Report (the "Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water; ii. secured the design and the provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure and/or new municipal infrastructure identified in the accepted Engineering Reports to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services should it be determined that improvements or upgrades and/or new infrastructure are required to support the development; iii. has made satisfactory arrangements with the Chief Engineer and Executive Director, Engineering and Construction Services for the construction of new infrastructure or any improvements to the municipal infrastructure, should it be determined that new infrastructure and/or upgrades/improvements are required to the existing infrastructure to support this development, and that the applicant has entered into a financially secured agreement to pay for and construct any necessary municipal infrastructure; iv. submitted a revised Traffic Impact, Parking and Loading Study acceptable to, and to the satisfaction of the General Manager, Transportation Services and that such matters arising from such study, be secured if required; and v. secured, in one or more agreements, the following rental housing matters and improvements to the existing rental housing: a. new indoor amenity space in the proposed building for new tenants, including a party room, fitness room and theatre room; b. Outdoor amenity areas including improved landscape treatments, amenity and play areas and seating areas for all tenants; and c. outdoor bicycle parking spaces in front of the proposed 11-storey building for all tenants. 4. City Council authorize the City Solicitor and other City Staff to take any necessary steps to implement City Council's decision.

Considered

  • 2021-09-13 · North York Community Council · amended

    Decision as filed

    North York Community Council recommends that: 1. City Council direct the Chief Planner and Executive Director, City Planning to bring forward a report to the November 23, 2021 North York Community Council meeting which attaches the draft Official Plan Amendment and Zoning By-law Amendments to implement the proposed development. 2. City Council direct that notice for the statutory public meeting under the Planning Act be given according to the regulations of the Planning Act.

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    3. City Council direct the Chief Planner and Executive Director, City Planning to work with the applicant, in consultation with the local councillor, to negotiate the provision of facilities, services and matters pursuant to section 37 of the Planning Act in the amount of $1.5 million to be allocated to improvements to Fairview Public Library and Oriole Community Centre.

  • 2021-10-01 · Toronto City Council · adopted

On the record

The item as the City filed it

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