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North York Community Council · 2022-02-23 · 2022.NY30.7

The filed record

680 and 688 Sheppard Avenue East - Official Plan Amendment, Zoning By-law Amendment and Rental Housing Demolition Applications - Request for Directions

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The decision

2022-03-09 · Toronto City Council · adopted

As filed

City Council on March 9, 2022, adopted the following: 1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the current applications regarding the Official Plan Amendment and Zoning By-law Amendment appeals for the lands at 680 and 688 Sheppard Avenue East. 2. In the event that the Ontario Land Tribunal allows the appeals in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Order with respect to the Official Plan and Zoning By-law Amendment applications be withheld until such time as the City Solicitor advises that: a.

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the final form and content of the draft Zoning By-laws are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning and, among other matters have secured: i. that any site-specific Zoning By-law Amendment application within the sewershed impacted by the sanitary sewer upgrades contain provisions for a Holding by-law pursuant to Section 36 of the Planning Act related to the sanitary sewer upgrades in the Sheppard Avenue East corridor area; ii. the full replacement of the existing rental dwelling units on the lands at 680 and 688 Sheppard Avenue East; iii. the rents, rental tenure, unit mix, and unit sizes of the replacement rental dwelling units; iv. an acceptable Tenant Relocation and Assistance Plan addressing the right for existing tenants to return to a replacement rental unit on the lands at similar rents, the provision of alternative accommodation at similar rents, and other assistance to mitigate hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and v. any other rental housing-related matters in conformity with Policy 3.2.1.6 of the Toronto Official Plan and Chapter 667 of the Toronto Municipal Code; b. City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services to ensure that any site-specific Zoning By-law Amendment application within the sewershed impacted by the sanitary sewer upgrades that are recommended to City Council for approval or consideration contains provisions for a Holding By-law pursuant to Section 36 of the Planning Act related to the sanitary sewer upgrades in the Sheppard Avenue East corridor area, until such a time as the Holding By-law is removed on all lands subject of City Council's decision; c. the final form and content of the draft Official Plan Amendment to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; d. the owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the Official Plan Amendment, Zoning By-law Amendment and Site Plan Control applications as set out in their memo dated September 17, 2021 or as may be updated in response to further submission(s) filed by the owner, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; e. the owner has entered into an agreement pursuant to Section 37 of the Planning Act to secure appropriate services, facilities, and/or matters, as may be required by the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, and such agreement shall be registered on title to the subject lands to the satisfaction of the City Solicitor; or has made other satisfactory arrangements to secure appropriate community benefits to the satisfaction of the City Solicitor; and f. City Council has approved the Rental Housing Demolition application 19 248116 NNY 17 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of the existing rental dwelling units at 680 and 688 Sheppard Avenue East and the owner has entered into, and registered on title to the lands, one or more agreements with the City, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing all rental housing-related matters necessary to implement City Council's decision. 3. City Council authorize the City Solicitor and appropriate City staff to continue discussions with the applicant to address the issues outlined in the report (January 17, 2022) from the Director, Community Planning, North York District. 4. Should the Ontario Land Tribunal approve the Official Plan Amendment and Zoning By-law Amendment applications, City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the applicant of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; such development charge credit shall be in an amount that is the lesser of the cost to the applicant 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 development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time. 5. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

On the agenda

As the city filed it

Official Plan Amendment ("OPA") and Zoning By-law Amendment ("ZBA") applications have been submitted to amend the Toronto Official Plan, City of Toronto Zoning By-law 569-2013, and former City of North York Zoning By-law 7625 for the properties at 680 and 688 Sheppard Avenue East to permit the redevelopment of the lands with a 22-storey residential building consisting of an eight- to 13-storey mid-rise tower component and a six- to eight-storey podium.

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The proposed development would contain 487 residential units, including 35 rental replacement units. The total Gross Floor Area ("GFA") of the proposed development is 38,349 square metres, of which 616 square metres is proposed for a new public childcare facility. The proposal also includes a 747-square metre public park. Related Rental Housing Demolition, Draft Plan of Subdivision and Site Plan Control applications have been submitted in support of the development proposal. The applicant has appealed the OPA, ZBA, and Site Plan Control applications to the Ontario Land Tribunal ("OLT") due to City Council's failure to make a decision within the timeframes prescribed in the Planning Act. The Rental Housing Demolition application has been submitted under the City of Toronto Act, 2006 and therefore is not appealable to the OLT. This report recommends that City Council instruct the City Solicitor with the appropriate City Staff to attend an OLT hearing and oppose the OPA and ZBA applications in their current form and to continue discussions with the applicant to resolve outstanding issues.

Staff recommended

The City Planning Division recommends that: 1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the current applications regarding the Official Plan Amendment and Zoning By-law Amendment appeals for the lands at 680 and 688 Sheppard Avenue East. 2. In the event that the Ontario Land Tribunal allows the appeals in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Order with respect to the Official Plan and Zoning By-law Amendment applications be withheld until such time as the City Solicitor advises that: a.

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the final form and content of the draft Zoning By-laws are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning and, among other matters have secured: i. that any site-specific Zoning By-law Amendment application within the sewershed impacted by the sanitary sewer upgrades contain provisions for a Holding (H) by-law pursuant to Section 36 of the Planning Act related to the sanitary sewer upgrades in the Sheppard Avenue East corridor area; ii. the full replacement of the existing rental dwelling units on the lands at 680 and 688 Sheppard Avenue East; iii. the rents, rental tenure, unit mix, and unit sizes of the replacement rental dwelling units; iv. an acceptable Tenant Relocation and Assistance Plan addressing the right for existing tenants to return to a replacement rental unit on the lands at similar rents, the provision of alternative accommodation at similar rents, and other assistance to mitigate hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and v. any other rental housing-related matters in conformity with Policy 3.2.1.6 of the Toronto Official Plan and Chapter 667 of the Toronto Municipal Code; b. City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services to ensure that any site-specific Zoning By-law Amendment application within the sewershed impacted by the sanitary sewer upgrades that are recommended to City Council for approval or consideration contains provisions for a Holding (H) by-law pursuant to Section 36 of the Planning Act related to the sanitary sewer upgrades in the Sheppard Avenue East corridor area, until such a time as the Holding (H) By-law is removed on all lands subject of City Council's decision; c. the final form and content of the draft Official Plan Amendment to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; d. the owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the Official Plan Amendment, Zoning By-law Amendment and Site Plan Control applications as set out in their memo dated September 17, 2021 or as may be updated in response to further submission(s) filed by the owner, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; e. the owner has entered into an agreement pursuant to Section 37 of the Planning Act to secure appropriate services, facilities, and/or matters, as may be required by the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, and such agreement shall be registered on title to the subject lands to the satisfaction of the City Solicitor; or has made other satisfactory arrangements to secure appropriate community benefits to the satisfaction of the City Solicitor; and f. City Council has approved the Rental Housing Demolition application 19 248116 NNY 17 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of the existing rental dwelling units at 680 and 688 Sheppard Avenue East and the owner has entered into, and registered on title to the lands, one or more agreements with the City, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing all rental housing-related matters necessary to implement City Council's decision. 3. City Council authorize the City Solicitor and appropriate City staff to continue discussions with the applicant to address the issues outlined in this report. 4. Should the Ontario Land Tribunal approve the Official Plan Amendment and Zoning By-law Amendment applications, City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the applicant of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation (PFR). The development charge credit shall be in an amount that is the lesser of the cost to the applicant 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 development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time. 5. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

Considered

  • 2022-02-23 · North York Community Council · adopted

    Decision as filed

    North York Community Council recommends that: 1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the current applications regarding the Official Plan Amendment and Zoning By-law Amendment appeals for the lands at 680 and 688 Sheppard Avenue East. 2. In the event that the Ontario Land Tribunal allows the appeals in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Order with respect to the Official Plan and Zoning By-law Amendment applications be withheld until such time as the City Solicitor advises that: a.

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    the final form and content of the draft Zoning By-laws are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning and, among other matters have secured: i. that any site-specific Zoning By-law Amendment application within the sewershed impacted by the sanitary sewer upgrades contain provisions for a Holding (H) by-law pursuant to Section 36 of the Planning Act related to the sanitary sewer upgrades in the Sheppard Avenue East corridor area; ii. the full replacement of the existing rental dwelling units on the lands at 680 and 688 Sheppard Avenue East; iii. the rents, rental tenure, unit mix, and unit sizes of the replacement rental dwelling units; iv. an acceptable Tenant Relocation and Assistance Plan addressing the right for existing tenants to return to a replacement rental unit on the lands at similar rents, the provision of alternative accommodation at similar rents, and other assistance to mitigate hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and v. any other rental housing-related matters in conformity with Policy 3.2.1.6 of the Toronto Official Plan and Chapter 667 of the Toronto Municipal Code; b. City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services to ensure that any site-specific Zoning By-law Amendment application within the sewershed impacted by the sanitary sewer upgrades that are recommended to City Council for approval or consideration contains provisions for a Holding (H) by-law pursuant to Section 36 of the Planning Act related to the sanitary sewer upgrades in the Sheppard Avenue East corridor area, until such a time as the Holding (H) By-law is removed on all lands subject of City Council's decision; c. the final form and content of the draft Official Plan Amendment to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; d. the owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the Official Plan Amendment, Zoning By-law Amendment and Site Plan Control applications as set out in their memo dated September 17, 2021 or as may be updated in response to further submission(s) filed by the owner, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; e. the owner has entered into an agreement pursuant to Section 37 of the Planning Act to secure appropriate services, facilities, and/or matters, as may be required by the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, and such agreement shall be registered on title to the subject lands to the satisfaction of the City Solicitor; or has made other satisfactory arrangements to secure appropriate community benefits to the satisfaction of the City Solicitor; and f. City Council has approved the Rental Housing Demolition application 19 248116 NNY 17 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of the existing rental dwelling units at 680 and 688 Sheppard Avenue East and the owner has entered into, and registered on title to the lands, one or more agreements with the City, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing all rental housing-related matters necessary to implement City Council's decision. 3. City Council authorize the City Solicitor and appropriate City staff to continue discussions with the applicant to address the issues outlined in this report. 4. Should the Ontario Land Tribunal approve the Official Plan Amendment and Zoning By-law Amendment applications, City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the applicant of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; such development charge credit shall be in an amount that is the lesser of the cost to the applicant 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 development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time. 5. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

  • 2022-03-09 · Toronto City Council · adopted

On the record

The item as the City filed it

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