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North York Community Council · 2023-06-20 · 2023.NY6.3

The filed record

1 Herons Hill Way - Zoning Amendment Application - Decision Report - Approval

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The decision

2023-10-11 · Toronto City Council · amended

As filed

City Council on October 11 and 12, 2023, adopted the following: 1. City Council direct the City Solicitor to withhold the introduction of the necessary Bills until such time as: a. the Minister of Municipal Affairs and Housing approves Official Plan Amendment 591 as it relates to the property known as 1 Herons Hill Way; and b. the Chief Planner and Executive Director, City Planning confirms to the City Solicitor that the Bills do not require any changes, beyond stylistic and technical changes, as may be required as a result of the Minister's decision.

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2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 1 Herons Hill Way substantially in accordance with the draft Zoning By-law Amendment attached to Motion 1 by Councillor Shelley Carroll. 3. City Council require the Owner to enter into an Agreement as follows: a. a privately owned publicly-accessible spaces, having a minimum total area of approximately 520 square metres, as generally identified on Attachment 10 to the report (June 5, 2023) from the Director, Community Planning, North York District, with the specific design of the privately owned publicly-accessible spaces and any associated easements and improvements to be determined as part of the Site Plan Approval process for this site, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; the privately owned publicly-accessible spaces easement shall include provisions for rights of support if necessary, and insurance and indemnification of the City by the owner, to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor. 4. City Council require, prior to introducing the bills indicated in Recommendations 1 and 2 in the report (June 5, 2023) from the Director, Community Planning, North York District, to City Council for enactment, the Owner to enter into one or more agreements, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, including a restriction pursuant to Section 118 of the Land Titles Act registered on title to the lands at 1 Herons Hill Way, to secure the rental tenure of the residential component of the proposed development or the provision of affordable housing if the proposed development is of condominium residential tenure, as follows: a. the Owner shall not apply for a Description under the Condominium Act for the proposed development and may not remove the restriction pursuant to Section 118 of the Land Titles Act until all residential units in the proposed development are occupied for residential rental use; b. in the event an application for approval of a Description under the Condominium Act is submitted for 1 Herons Hill Way, a minimum of seven percent of the total residential gross floor area of the proposed development shall be provided and maintained as affordable ownership housing or a minimum of five percent of the total new residential gross floor area shall be provided and maintained as affordable rental housing for a period of at least 99 years from the date of first residential occupancy of each unit; the unit mix of any affordable housing component of the proposed development shall be consistent with the unit mix of the market housing component of the development; and c. in the event that purpose-built rental tenure is secured for the development, the provision of affordable housing in accordance with Part b. above would not apply.

On the agenda

As the city filed it

This application proposes to amend the Zoning By-law for the lands at 1 Herons Hill Way. The application proposes to redevelop the easterly portion of the subject site for a 34-storey (110 metre) mixed-use building while retaining the existing 2-storey (7 metre) office building on the westerly portion of the subject site. The proposed development contains 334 residential units with a total gross floor area of 29,470 square metres resulting in a density (FSI) of 4.54 times the area of the lot and a 524 square metre privately-owned publicly-accessible open space.

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The proposed application is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020). This report reviews and recommends approval of the application to amend the Zoning By-laws 569-2013 and 7625 at 1 Herons Hill Way. The proposed building represents an appropriate level of intensification on the site and provides for amenity improvements for existing residents and the surrounding community.

Staff recommended

The Director, Community Planning, North York District recommends that: 1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 1 Herons Hill Way substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 9 to the report dated June 2, 2023 from the Director, Community Planning, North York District. 2. City Council amend former City of North York Zoning By-law 7625 for the lands at 1 Herons Hill Way substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No.

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8 to the report dated June 2, 2023 from the Director, Community Planning, North York District 3. City Council Direct that prior to introducing the bills indicated in Recommendations 1 and 2 to City Council for enactment, the applicant is to address the conditions indicated in Section A in the memorandum from Engineering and Construction Services dated June 13, 2023, to the satisfaction of the Director of Engineering and Construction Services. 4. City Council Direct that prior to introducing the bills indicated in Recommendations 1 and 2 to City Council for enactment, the applicant is to address the conditions indicated in Section A in the memorandum from Transportation Services Planning and Capital Programs dated January 6, 2022, to the satisfaction of the Director of Engineering and Construction Services. 5. City Council require the Owner to enter into an Agreement as follows: a. a privately owned publicly-accessible spaces ("POPS"), having a minimum total area of approximately 524 square metres, as generally identified on Attachment 10 to this report, with the specific design of the POPS and any associated easements and improvements to be determined as part of the Site Plan Approval process for this site, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor. The POPS easement shall include provisions for rights of support if necessary, and insurance and indemnification of the City by the owner, to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor. 6. City Council Direct that prior to introducing the bills indicated in Recommendations 1 and 2 to City Council for enactment, the Owner is to enter into an Agreement or such agreement(s) as may be satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor, with a restriction under section 118 of the Land Titles Act registered to the subject lands as necessary to secure the provision of affordable housing as follows: a. in the event a condominium development is constructed, a minimum of 7 percent of the total new residential gross floor area shall be secured as affordable ownership housing or a minimum of 5 percent of the total new residential gross floor area shall be secured as affordable rental housing; b. in the event a purpose built rental development is constructed, Recommendation 6.a) will no longer apply; c. in the event a purpose built rental development is constructed a minimum of 5 percent of the total new residential gross floor area shall be secured as affordable rental housing; d. required affordable housing in Recommendations 6.a) or 6.c) above shall be secured at affordable rents or affordable ownership prices for a period of at least 99 years from the date of first residential occupancy of the unit; and e. the unit mix of required affordable housing in Recommendations 6.a) or 6.c) above shall reflect the market component of the development and comply with the City's Growing Up Design Guidelines. 7. City Council Direct that prior to introducing the bills indicated in Recommendations 1 and 2 to City Council for enactment, the Owner is to submit a Housing Issues Report, to the satisfaction of the Chief Planner and Executive Director, that identifies the unit mix, unit sizes, and how affordable housing requirements are being met. 8. City Council authorize the City Solicitor and any other City staff to take such actions as are necessary to implement City Council's decision, including execution of the Section 111 agreement and other related agreements; 9. City Council authorize the City Solicitor to make such stylistic and technical changes to the Zoning By-law Amendments as may be required.

Considered

  • 2023-06-20 · North York Community Council · forwarded without recommendation

    Decision as filed

    North York Community Council forwards item NY6.3 to City Council without recommendations.

    Clerk’s note

    The North York Community Council held a statutory public meeting on June 20, 2023, and notice was given in accordance with the Planning Act.

  • 2023-07-19 · Toronto City Council · deferred

    Decision as filed

    City Council on July 19 and 20, 2023, deferred Item NY6.3 to the October 11, 12 and 13, 2023 meeting of City Council.

  • 2023-10-11 · Toronto City Council · amended

On the record

The item as the City filed it

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