133 and 141 Erskine Avenue - Zoning By-law Amendment Application - Appeal Report

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The decision

2023-07-19 · Toronto City Council · adopted

As filed

City Council on July 19 and 20, 2023, adopted the following: 1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal hearing in opposition to the current Application regarding the Zoning By-law Amendment appeal for the lands at 133 and 141 Erskine Avenue. 2. In the event the Ontario Land Tribunal allows the appeal of the Zoning By-law Amendment, in whole or in part, City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on Zoning By-law Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that: a.

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the final form and content of the draft Zoning By-law Amendment is satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; b. the Owner has, at its sole cost and expense: i. submitted a revised Functional Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report ("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 provision of financial securities for any upgrades or required improvements to the existing 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 and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Engineering Reports, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water; iii. ensured that implementation of the accepted Engineering Reports does not require changes to the proposed amending By-laws or that any required changes have been made to the proposed amending By-laws to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, including the use of a Holding ("H") By-law symbol regarding any new municipal servicing infrastructure or upgrades to existing municipal servicing infrastructure, as may be required; iv. submitted a revised Transportation Impact Study, including Transportation Demand Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services and that such matters arising from such study be secured if required; and c. City Council has approved the Rental Housing Demolition application (Application 21 251207 NNY 15 OZ) 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 units on the site, 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 the following: i. the replacement of the existing residential rental units on the lands; ii. the rents, rental tenure, unit mix, and unit sizes of the replacement rental units; iii. an acceptable Tenant Relocation and Assistance Plan addressing the right for existing tenants to return to replacement rental units 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 iv. 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. 3. City Council authorize the City Solicitor and appropriate City staff to continue discussions with the applicant to address outstanding issues, including but not limited to those outlined in the report (June 1, 2023) from the Director, Community Planning, North York District. 4. 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

On December 30, 2021, an application to amend the Zoning By-law was submitted to permit a 31 storey (101.6 metres to top of roof and 107.0 metres to the top of the mechanical penthouse) residential building containing 322 units (296 new units and 26 replacement rental units) and a total gross floor area of 22,243 square metres. On March 10, 2023, the applicant appealed the Zoning By-law Amendment application to the Ontario Land Tribunal due to Council not making a decision within the time frame prescribed in the Planning Act.

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A Case Management Conference has not been scheduled at this time. This report recommends that City Council instruct the City Solicitor with the appropriate City staff to attend the OLT hearing and oppose the application in its current form and to continue discussions with the Applicant to resolve outstanding issues.

Staff recommended

The Director, Community Planning, North York District recommends that: 1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal hearing in opposition to the current Application regarding the Zoning By-law Amendment appeal for the lands at 133 and 141 Erskine Avenue. 2. In the event the Ontario Land Tribunal allows the appeal of the Zoning By-law Amendment, in whole or in part, City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on Zoning By-law Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that: a.

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the final form and content of the draft Zoning By-law Amendment is satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; and b. the owner has, at its sole cost and expense: 1. submitted a revised Functional Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report ("Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water; 2. secured the design and provision of financial securities for any upgrades or required improvements to the existing 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 and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Engineering Reports, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water; 3. ensured that implementation of the accepted Engineering Reports does not require changes to the proposed amending By-laws or that any required changes have been made to the proposed amending By-laws to the satisfaction of the Chief Planner, City Planning and the City Solicitor, including the use of a Holding ("H") By-law symbol regarding any new municipal servicing infrastructure or upgrades to existing municipal servicing infrastructure, as may be required; and 4. submitted a revised Transportation Impact Study, including Transportation Demand Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services and that such matters arising from such study be secured if required; c. City Council has approved the Rental Housing Demolition application (Application 21 251207 NNY 15 OZ) 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 units on the site, 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 the following: 1. the replacement of the existing residential rental units on the lands; 2. the rents, rental tenure, unit mix, and unit sizes of the replacement rental units; 3. an acceptable Tenant Relocation and Assistance Plan addressing the right for existing tenants to return to replacement rental units 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 4. 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; 4. City Council authorize the City Solicitor and appropriate City staff to continue discussions with the applicant to address outstanding issues, including but not limited to those outlined in this report. 5. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

Considered

2023-06-20 · 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 hearing in opposition to the current Application regarding the Zoning By-law Amendment appeal for the lands at 133 and 141 Erskine Avenue. 2. In the event the Ontario Land Tribunal allows the appeal of the Zoning By-law Amendment, in whole or in part, City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on Zoning By-law Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that: a.
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the final form and content of the draft Zoning By-law Amendment is satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; b. the owner has, at its sole cost and expense: 1. submitted a revised Functional Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report ("Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water; 2. secured the design and provision of financial securities for any upgrades or required improvements to the existing 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 and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Engineering Reports, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water; 3. ensured that implementation of the accepted Engineering Reports does not require changes to the proposed amending By-laws or that any required changes have been made to the proposed amending By-laws to the satisfaction of the Chief Planner, City Planning and the City Solicitor, including the use of a Holding ("H") By-law symbol regarding any new municipal servicing infrastructure or upgrades to existing municipal servicing infrastructure, as may be required; 4. submitted a revised Transportation Impact Study, including Transportation Demand Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services and that such matters arising from such study be secured if required; and c. City Council has approved the Rental Housing Demolition application (Application 21 251207 NNY 15 OZ) 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 units on the site, 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 the following: 1. the replacement of the existing residential rental units on the lands; 2. the rents, rental tenure, unit mix, and unit sizes of the replacement rental units; 3. an acceptable Tenant Relocation and Assistance Plan addressing the right for existing tenants to return to replacement rental units 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 4. 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. 3. City Council authorize the City Solicitor and appropriate City staff to continue discussions with the applicant to address outstanding issues, including but not limited to those outlined in this report. 4. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.
2023-07-19 · Toronto City Council · adopted

On the record

The item as the City filed it

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