The filed record
54 to 62 Glen Everest Road - Zoning Amendment Application - Appeal Report
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The decision
2023-03-29 · Toronto City Council · adopted
As filed
City Council on March 29, 30 and 31, 2023, 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 Zoning By-law Amendment application appeal for the lands at 54 to 62 Glen Everest Road. 2. City Council authorize the City Solicitor and appropriate City staff to continue discussions with the applicant to resolve the outstanding issues detailed in the report (February 7, 2023) from the Acting Director, Community Planning, Scarborough District, and report back to City Council on the outcome of discussions, if necessary.
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3. City Council defer making a decision at this time on the Rental Housing Demolition/Conversion Application (Application 21 123167 ESC 20 RH) under 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 sixty-eight (68) existing rental dwelling units at 54, 58 and 62 Glen Everest Road, and instruct staff, if necessary, to report on the Rental Housing Demolition/Conversion Application to City Council at such time as an Ontario Land Tribunal decision has been issued regarding the Zoning By-law Amendment application appeal for the lands at 54 to 62 Glen Everest Road. 4. In the event that the Ontario Land Tribunal allows the appeals in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of any Final Order until such time as the City Solicitor advises that: a. 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; b. City Council has approved the Rental Housing Demolition Application 21 123167 ESC 20 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 and, should City Council authorize the demolition, that the Applicant has entered into, and registered on title to the lands, an agreement pursuant to Section 111 of the City of Toronto Act securing the replacement of the existing rental dwelling units and rents, tenant assistance to mitigate hardship, and other rental related matters, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; c. the owner has provided confirmation of water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or it has been determined that a holding provision is required in the Zoning By-law amendment; d. the owner has entered into a financially secured Development Agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support the development, according to the Site Servicing Review and Traffic Impact Study accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; and e. the owner has addressed all outstanding issues raised by Development Engineering and Transportation Services as they relate to the Zoning By-law Amendment application to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services. 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
On April 6, 2021, a Zoning By-law Amendment application was submitted to permit the redevelopment of the subject lands with a 12-storey residential building with 427 units including 68 replacement rental units. The three existing low-rise residential rental buildings on the site a proposed to be demolished. A revised proposal was submitted on June 28, 2022 increasing the gross floor area to 32,901 square metres and reducing the total number of residential units to 414 units.
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On July 13, 2022, the Applicant appealed the application to the Ontario Land Tribunal (the "OLT") due to City Council not making a decision within the time frame legislated by the Planning Act. A separate application for rental housing demolition was also submitted to permit the demolition of 68 rental units located at 54, 58 and 62 Glen Everest Road but is not subject to the appeal. City Planning Staff do not support the application in its current form as issues related to the appropriate level of development on site, along with built form, massing and transition have not been adequately addressed. This report recommends that the City Solicitor, with the appropriate City staff, attend the OLT hearing to oppose the application in its current form. The report also recommends that staff be authorized 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 Zoning By-law Amendment application appeal for the lands at 54 to 62 Glen Everest Road. 2. City Council authorize the City Solicitor and appropriate City staff to continue discussions with the applicant to resolve the outstanding issues detailed in the report dated February 7, 2023 from the Acting Director, Community Planning, Scarborough District, and report back to City Council on the outcome of discussions, if necessary.
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3. City Council defer making a decision at this time on the Rental Housing Demolition / Conversion Application (Application File No. 21 123167 ESC 20 RH) under 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 sixty-eight (68) existing rental dwelling units at 54, 58 and 62 Glen Everest Road, and instruct staff, if necessary, to report on the Rental Housing Demolition / Conversion Application to City Council at such time as an Ontario Land Tribunal decision has been issued regarding the Zoning By-law Amendment application appeal for the lands at 54 to 62 Glen Everest Road. 4. In the event that the Ontario Land Tribunal allows the appeals in whole or in part, City Council authorize the City Solicitor to request the Tribunal that the issuance of any Final Order be withheld until such time as the City Solicitor advises that: a) 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; b) City Council has approved the Rental Housing Demolition Application 21 123167 ESC 20 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 and, should City Council authorize the demolition, that the Applicant has entered into, and registered on title to the lands, an agreement pursuant to Section 111 of the City of Toronto Act securing the replacement of the existing rental dwelling units and rents, tenant assistance to mitigate hardship, and other rental related matters, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; c) the owner has provided confirmation of water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or it has been determined that a holding provision is required in the Zoning By-law amendment; d) the owner has entered into a financially secured Development Agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support the development, according to the Site Servicing Review and Traffic Impact Study accepted by the Chief Engineer & Executive Director, Engineering and Construction Services; and e) the owner has addressed all outstanding issues raised by Development Engineering and Transportation Services as they relate to the Zoning By-law Amendment application to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services. 5. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.
Considered
2023-02-24 · Scarborough Community Council · adopted
Decision as filed
Scarborough 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 Zoning By-law Amendment application appeal for the lands at 54 to 62 Glen Everest Road. 2. City Council authorize the City Solicitor and appropriate City staff to continue discussions with the applicant to resolve the outstanding issues detailed in the report dated February 7, 2023 from the Acting Director, Community Planning, Scarborough District, and report back to City Council on the outcome of discussions, if necessary.
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3. City Council defer making a decision at this time on the Rental Housing Demolition / Conversion Application (Application File No. 21 123167 ESC 20 RH) under 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 sixty-eight (68) existing rental dwelling units at 54, 58 and 62 Glen Everest Road, and instruct staff, if necessary, to report on the Rental Housing Demolition / Conversion Application to City Council at such time as an Ontario Land Tribunal decision has been issued regarding the Zoning By-law Amendment application appeal for the lands at 54 to 62 Glen Everest Road. 4. In the event that the Ontario Land Tribunal allows the appeals in whole or in part, City Council authorize the City Solicitor to request the Tribunal that the issuance of any Final Order be withheld until such time as the City Solicitor advises that: a. 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; b. City Council has approved the Rental Housing Demolition Application 21 123167 ESC 20 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 and, should City Council authorize the demolition, that the Applicant has entered into, and registered on title to the lands, an agreement pursuant to Section 111 of the City of Toronto Act securing the replacement of the existing rental dwelling units and rents, tenant assistance to mitigate hardship, and other rental related matters, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; c. the owner has provided confirmation of water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or it has been determined that a holding provision is required in the Zoning By-law amendment; d. the owner has entered into a financially secured Development Agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support the development, according to the Site Servicing Review and Traffic Impact Study accepted by the Chief Engineer & Executive Director, Engineering and Construction Services; and e. the owner has addressed all outstanding issues raised by Development Engineering and Transportation Services as they relate to the Zoning By-law Amendment application to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services. 5. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.
2023-03-29 · Toronto City Council · adopted
On the record
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