5-15 Raglan Avenue - Zoning By-law Amendment Application - Ontario Land Tribunal Hearing - Request for Further Directions

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2023-02-07 · Toronto City Council · adopted

As filed

City Council on February 7 and 8, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 24, 2023) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (January 24, 2023) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (January 24, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege.

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The confidential instructions to staff in Confidential Attachment 1 to the report (January 24, 2023) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the With Prejudice Settlement Offer dated January 16, 2023 for the lands municipally known as 5-15 Raglan Avenue in Appendix 1 to the report (January 24, 2023) from the City Solicitor, and as generally shown on the Revised Plans by Richmond Architects Ltd., dated December 23, 2022, inclusive, in Appendix 2 to the report (January 24, 2023) from the City Solicitor, subject to Parts 2, 3, 4 and 5 below. 2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing on this matter in support of the With Prejudice Settlement Offer dated January 16, 2023 for the lands municipally known as 5-15 Raglan Avenue in Appendix 1 to the report (January 24, 2023) from the City Solicitor, and as generally shown on the Revised Plans by Richmond Architects Ltd., dated December 23, 2022, inclusive, in Appendix 2 to the report (January 24, 2023) from the City Solicitor. 3. City Council defer making a decision at this time on Rental Housing Demolition Application 21 234166 STE 12 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to demolish the three (3) existing rental dwelling units at 5-15 Raglan Avenue, and instruct staff to report on the Rental Housing Demolition application to the Toronto and East York Community Council at such time as an Ontario Land Tribunal decision has been issued regarding the Zoning By-law Amendment appeals for the lands at 5-15 Raglan Avenue. 4. Should the Ontario Land Tribunal allow the appeal in whole or in part, City Council authorize the City Solicitor to request that the Ontario Land Tribunal withhold its final Order until such time as the Tribunal has been advised by the City Solicitor that the outstanding matters, listed below, have been completed or to request that the Tribunal impose, as part of the Zoning By-law Amendment, a Holding (H) Symbol be placed on the lands until such time as the outstanding matters have been completed: a. the final form and content of the Zoning By-law amendments are satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor; b. the Applicant has provided confirmation of water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the Chief Engineer and Executive Director, Engineering and Construction Services has determined that holding provisions are required in the Zoning By-law amendment; c. the Applicant has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review including the planting of four (4) new street trees in the Raglan Avenue road allowance, or three (3) street trees in the Raglan Avenue road allowance and two (2) additional private trees on the Site, as they relate to the Zoning By-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review; d. the Applicant has provided an updated Pedestrian Level Wind Study dated January 11, 2023 from Gradient Wind Engineering Inc., to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and e. City Council has approved the Rental Housing Demolition Application 21 234166 STE 12 RH in accordance with Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, which allows for the demolition of the three (3) existing rental dwelling units on the site. 5. City Council authorize the City Solicitor to take all necessary steps to implement City Council's decision. The balance of Confidential Attachment 1 to the report (January 24, 2023) 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 and information that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (January 24, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

The purpose of this report is to request further instructions for a hearing scheduled to commence on April 03, 2023 before the Ontario Land Tribunal. On January 16, 2023, the City Solicitor received a With Prejudice Settlement Offer from the Applicant's solicitors, Devine Park LLP (the "With Prejudice Settlement Offer" or "Settlement Offer"). The With Prejudice Settlement Offer proposes to settle the Ontario Land Tribunal Appeal of the Applicant's rezoning application on the basis of revised plans prepared by Richmond Architects Ltd., dated December 23, 2022, inclusive (the "Revised Plans").

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This package constitutes the Applicant's revised proposal (the "Revised Proposal"). Raglan Development Corp. (the "Applicant" or "Owner") has applied for a Zoning By-law Amendment (the "Application") for the property municipally known as 5 - 15 Raglan Avenue (the "Site" or "Subject Site"). On November 1, 2021, the Applicant submitted an Application to amend Zoning By-laws 1-83 and 569-2013 for the Site in order to permit a 24-storey (78.7 metres including mechanical penthouse) residential building consisting of 170 dwelling units, with a step-back at the fifth floor to create an four-storey streetwall along Raglan Avenue, and a density of 10.2 times the area of the lot (the "Original Proposal"). At the same time, the Applicant submitted a Site Plan Control application to the City for approval (the "Site Plan Application"). A Rental Housing Demolition application was also submitted to permit the demolition of 3 rental dwelling units on the Site (the "Rental Housing Demolition Application"). On May 4, 2022 the Applicant appealed the Application to the Ontario Land Tribunal for non-decision by City Council within the timeframe prescribed under the Planning Act (the "Appeal"). The Applicant also appealed the Site Plan Control Application to the Ontario Land Tribunal as a result of the City's failure to approve the site plan drawings and plans within the timeframe prescribed under the City of Toronto Act. The City Solicitor requires further instructions at the upcoming City Council meeting on February 7, 2023 due to upcoming disclosure deadlines regarding the hearing for this Appeal. DESCRIPTION OF THE REVISED PROPOSAL Land Use The site is designated Apartment Neighbourhoods as shown on Map 17 of the Official Plan. The site is subject to Site and Area Specific Policy 38 which applies to lands along Raglan Avenue, south of Claxton Boulevard and north of St. Clair Avenue West. This policy states that land assembly will be required to allow for the development of more intensive buildings. Former City of York Zoning By-law 1-83 applies to 11 Raglan Avenue only. The property is zoned Residential Multiple RM2 with a height limit of 24 metres or 8-storeys. This zoning regulation permits residential uses in a wide range of residential building types including an apartment building. Other permitted uses include home occupation uses, and a retail store with certain limitations. City of Toronto Zoning By-law 569-2013 applies to the remainder of the site. A portion of the site (5-7 Raglan Avenue) is zoned Residential R(d0.6) with a height limit of 12 metres and the other portion (9,13 and 15 Raglan Avenue) is zoned RA (x 777) which provides a height limit of 24 metres or 8-storeys. Both zoning classifications permit residential uses in a wide range of residential building types including an apartment building. Other permitted uses include home occupation uses, and a retail store with certain limitations. The site is also situated within the St. Clair Avenue West and Bathurst Street Planning Framework area (the "Planning Framework"), which is a Council-adopted document that is intended to guide future development through a series of planning principles. The Planning Framework places this site within the Raglan Transition Zone and identifies built form principles and special public realm features. The Revised Proposal includes, among other things described in detail below, a mixed-use building consisting of a revised overall height of 28 storeys (95.2 metres tall) which is increased from 24 storeys (78.7 metres tall) in order to provide for greater setbacks and stepbacks; increased tower setbacks to the south and the west lot lines; increased tower step-backs; increased setbacks at the ground level along Raglan Avenue; restriction of projecting balconies on the tower; inclusion of residential units at ground level with expanded home occupation permissions (live/work units); a new retail unit at grade; increased outdoor and indoor amenity space; and four new street trees. The Floor Space Index has remained relatively unchanged with a minor increase from 10.19 times the lot area to 10.71 times the lot area. The following table provides a summary of the development statistics for the original proposal of October 28, 2020, and the Revised Plans, dated, December 23, 2022. Category Original Proposal October 28, 2020 Revised Plans December 23, 2022 Building Height (storeys) 24 28 Building Height (metres) (including mechanical penthouse) 78.7 95.2 Gross Floor Area (square metres) Residential: 14,667 Non-residential: 0.00 Total: 14,667 Residential: 15,391.2 Non-residential: 16 Total: 15,407.2 Floor Space Index 10.19 times the lot area 10.71 times the lot area Dwelling Units 1-Bedroom: 41 (24 percent) 2-Bedroom: 106 (62 percent) 3-Bedroom: 23 (14 percent) Total: 170 1-Bedroom: 135 (64.3 percent) 2-Bedroom: 47 (22.4 percent) 3-Bedroom: 26 (12.4 percent) Live/Work Units: 2 (0.9 percent) Total: 210 Amenity Space (square metres) Indoor: 345.6 Outdoor: 437.8 Total: 783.4 Indoor: 459 Outdoor: 511 Total: 970 Vehicle Parking Residential: 70 Non-res./Visitor: 7 Car Share:1 Total: 78 Ratio: 0.39/unit Residential: 66 Visitor: 12 Car Share: 1 Total: 78 Ratio: 0.31/unit Bicycle Parking Long-term: 153 Short-term: 18 Total: 171 Long-term: 220 Short-term: 18 Total: 238 Loading 1 Type 'G' 1 Type 'G' Additional components of the Revised Proposal consist of the following: the Applicant will be paying the community benefits charge of 4 percent (of the land value the day before the day the first building permit is issued) pursuant to Section 37 of the Planning Act; a cash-in-lieu payment pursuant to the City's parkland dedication by-law, as amended; and the Applicant will continue to work with City staff to finalize the site plan application. A copy of the With Prejudice Settlement Offer letter can be found in Appendix 1 to this Solicitor's Report. A copy of the Revised Plans can be found in Appendix 2 to this Solicitor's Report. The Revised Proposal is described in further detail in the "Staff Comments" section of this Solicitor's Report.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the confidential recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor. 2. If the City Solicitor's confidential recommendations are adopted by City Council, City Council authorize the public release of the confidential instructions contained in Confidential Attachment 1 to this report from the City Solicitor. 3. City

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Council direct that the balance of Confidential Attachment 1 to this report from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege.

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