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North York Community Council · 2024-04-02 · 2024.NY12.6

The filed record

278 - 280 Viewmount Avenue - Zoning Amendment - Appeal Report

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The decision

2024-04-17 · Toronto City Council · adopted

As filed

City Council on April 17 and 18, 2024, 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 Application regarding the Zoning By-law Amendment appeal for the lands at 278-280 Viewmount Avenue and to continue discussions with the applicant in an attempt to resolve outstanding issues. 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 Zoning By-law Amendment 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-law is to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, which among other matters may include a holding (H) provision to address municipal servicing; b. the owner has satisfactorily addressed the Transportation Services and Engineering and Construction Services matters in the Engineering and Construction Services Memorandum dated September 5, 2023, and any outstanding issues arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Zoning By-law Amendment application, to the satisfaction of the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services; c. the owner has submitted to the Chief Engineer and Executive Director, Engineering and Construction Services, for review and acceptance, a Functional Servicing Report to determine the storm water runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development; d. the owner has made satisfactory arrangements with Engineering and Construction Services and enter into the appropriate financially secured agreement with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the accepted Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; e. space has been provided within the development for installation of maintenance access holes and sampling ports on the lands, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapter 681.10 and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; f. the owner has satisfactorily addressed matters from the Tree Protection and Plan Review, Urban Forestry Memorandum dated August 15, 2023, or any outstanding issues raised by Urban Forestry arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Zoning By-law Amendment application, to the satisfaction of the General Manager, Parks, Forestry and Recreation; g. the owner has submitted a revised Travel Demand Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services; h. the owner has submitted architectural plans reflecting the proposal as approved in whole or in part, to the satisfaction of the Chief Planner and Executive Director, City Planning; i. the owner has submitted a Rental Housing Demolition Application and City Council, or the Chief Planner and Executive Director, City Planning where authorized to do so, has authorized the Rental Housing Demolition Application under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, as applicable; j. the owner has at its sole cost and expense, facilitated the City undertaking a peer review of the submitted Noise and Vibration Assessment, and secured any recommended mitigation measures in the amending by-law, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and k. the owner has submitted an updated and complete Toronto Green Standard Checklist and Statistics Template, to the satisfaction of the Chief Planner and Executive Director, City Planning. 3. 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 22, 2022, a Zoning By-law Amendment application was submitted to permit a 33-storey (107 metres) residential building with a total of 342 units and 296 square metres of retail space on the ground floor. The proposed development will have a total Gross Floor Area of approximately 22,360 square metres, and the Floor Space Index is 15.5 times the area of the site. On December 21, 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 first Case Management Conference has been scheduled for March 27, 2024. This report recommends that City Council instruct the City Solicitor with the appropriate City staff to attend the Ontario Land Tribunal hearing and oppose the application in its 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 Application regarding the Zoning By-law Amendment appeal for the lands at 278 - 280 Viewmount Avenue and to continue discussions with the applicant in an attempt to resolve outstanding issues. 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 zoning by-law amendment 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-law is to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, which among other matters may include a holding (H) provision to address municipal servicing; b. the owner has satisfactorily addressed the Transportation Services and Engineering and Construction Services matters in the Engineering and Construction Services Memorandum dated September 5, 2023, and any outstanding issues arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Zoning By-law Amendment application, to the satisfaction of the General Manager, Transportation Services and Chief Engineer and Executive Director, Engineering and Construction Services; c. the owner has submitted to the Chief Engineer and Executive Director, Engineering and Construction Services, for review and acceptance, a Functional Servicing Report to determine the storm water runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development; d. the owner has made satisfactory arrangements with Engineering and Construction Services and enter into the appropriate financially secured agreement with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the accepted Functional Servicing Report accepted by the Chief Engineer and Executive Director of Engineering and Construction Services; e. Space has been provided within the development for installation of maintenance access holes and sampling ports on the lands, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapter 681.10 and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; f. the owner has satisfactorily addressed matters from the Tree Protection and Plan Review, Urban Forestry Memorandum dated August 15, 2023, or any outstanding issues raised by Urban Forestry arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Zoning By-law Amendment application, to the satisfaction of the General Manager, Parks, Forestry and Recreation. g. the owner has submitted a revised Travel Demand Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services; h. the owner has submitted architectural plans reflecting the proposal as approved in whole or in part, to the satisfaction of the Chief Planner and Executive Director, City Planning; i. the owner has submitted a Rental Housing Demolition Application and City Council, or the Chief Planner and Executive Director, City Planning where authorized to do so, has authorized the Rental Housing Demolition Application under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, as applicable; j. the owner has at its sole cost and expense, facilitated the City undertaking a peer review of the submitted Noise and Vibration Assessment, and secured any recommended mitigation measures in the amending by-law, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and, k. the owner has submitted an updated and complete Toronto Green Standard Checklist and Statistics Template, to the satisfaction of the Chief Planner and Executive Director, City Planning. 3. City Council authorizes the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

Considered

  • 2024-04-02 · 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 Application regarding the Zoning By-law Amendment appeal for the lands at 278 - 280 Viewmount Avenue and to continue discussions with the applicant in an attempt to resolve outstanding issues. 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 zoning by-law amendment be withheld until such time as the City Solicitor advises that: a.

    Show the rest of Decision as filed, 3,849 more characters as filed

    the final form and content of the draft Zoning By-law is to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, which among other matters may include a holding (H) provision to address municipal servicing; b. the owner has satisfactorily addressed the Transportation Services and Engineering and Construction Services matters in the Engineering and Construction Services Memorandum dated September 5, 2023, and any outstanding issues arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Zoning By-law Amendment application, to the satisfaction of the General Manager, Transportation Services and Chief Engineer and Executive Director, Engineering and Construction Services; c. the owner has submitted to the Chief Engineer and Executive Director, Engineering and Construction Services, for review and acceptance, a Functional Servicing Report to determine the storm water runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development; d. the owner has made satisfactory arrangements with Engineering and Construction Services and enter into the appropriate financially secured agreement with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the accepted Functional Servicing Report accepted by the Chief Engineer and Executive Director of Engineering and Construction Services; e. Space has been provided within the development for installation of maintenance access holes and sampling ports on the lands, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapter 681.10 and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; f. the owner has satisfactorily addressed matters from the Tree Protection and Plan Review, Urban Forestry Memorandum dated August 15, 2023, or any outstanding issues raised by Urban Forestry arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Zoning By-law Amendment application, to the satisfaction of the General Manager, Parks, Forestry and Recreation. g. the owner has submitted a revised Travel Demand Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services; h. the owner has submitted architectural plans reflecting the proposal as approved in whole or in part, to the satisfaction of the Chief Planner and Executive Director, City Planning; i. the owner has submitted a Rental Housing Demolition Application and City Council, or the Chief Planner and Executive Director, City Planning where authorized to do so, has authorized the Rental Housing Demolition Application under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, as applicable; j. the owner has at its sole cost and expense, facilitated the City undertaking a peer review of the submitted Noise and Vibration Assessment, and secured any recommended mitigation measures in the amending by-law, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and, k. the owner has submitted an updated and complete Toronto Green Standard Checklist and Statistics Template, to the satisfaction of the Chief Planner and Executive Director, City Planning. 3. City Council authorizes the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

  • 2024-04-17 · Toronto City Council · adopted

On the record

The item as the City filed it

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