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North York Community Council · 2024-05-08 · 2024.NY13.4

The filed record

272, 284, 286, 288, 290, and 296 Lawrence Avenue West and 1507, 1525, 1537, 1539, 1545, and 1549 Avenue Road Official Plan Amendment and Zoning By-law Amendment Application - Appeal Report

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The decision

2024-05-22 · Toronto City Council · adopted

As filed

City Council on May 22 and 23, 2024, adopted the following: 1. City Council authorize the City Solicitor and appropriate City staff to attend at the Ontario Land Tribunal hearing in opposition to the proposal in its current form, and to continue discussions with the applicant to address outstanding issues in advance of the hearing, including but not limited to those outlined in the report (April 19, 2024) from the Director, Community Planning, North York District.

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2. In the event the Tribunal allows the appeals, in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal withhold its final Order approving the Official Plan Amendment and Zoning By-law Amendment until such time as the City Solicitor confirms that: a. the final form and content of the draft Official Plan Amendment and Zoning By-law amendments 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 20 153985 NNY 08 RH in accordance with Chapter 667 of the Toronto Municipal Code, pursuant to Section 111 of the City of Toronto Act, 2006, to permit the demolition of the fifteen (15) existing rental dwelling units at 284 Lawrence Avenue West, 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 all rental housing-related matters necessary to implement City Council's decision including: 1. replacement of the existing 15 rental housing units, including the same number of units, bedroom type and size and with similar rents; and 2. an acceptable Tenant Relocation and Assistance Plan addressing the right for existing tenants to return to a replacement rental unit on the lands at similar rents, the provision of rent gap assistance, and other assistance to lessen hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning; c. the owner has submitted updated sun / shadow and pedestrian level wind studies, including the identification of any required mitigation measures to be secured in the zoning by-law amendment and through the site plan process to the satisfaction of the Chief Planner and Executive Director, City Planning; d. the owner has satisfactorily addressed the Transportation Services matters in the Engineering and Construction Services Memorandum dated February 8, 2024, and the Transportation Services email dated April 19, 2024, any outstanding issues raised by Transportation Services, arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Official Plan Amendment and Zoning By-law Amendment applications to the satisfaction of the General Manager, Transportation Services; e. the owner has satisfactorily addressed matters from Engineering and Construction Services as contained in the Engineering and Construction Services Memorandum dated February 8, 2024, or any outstanding issues raised by Engineering and Construction Services, arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Official Plan Amendment and Zoning By-law Amendment application, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; f. the owner has satisfactorily addressed matters from Parks, Forestry and Recreation as contained in the Parks, Forestry and Recreation Memorandum dated January 23, 2024, or any outstanding issues raised by Parks, Forestry and Recreation arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Official Plan Amendment and Zoning By-law Amendment application, to the satisfaction of the General Manager, Parks, Forestry and Recreation; g. the owner has satisfactorily addressed matters from Tree Protection and Plan Review, Urban Forestry Memorandum dated January 23, 2024, 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 Official Plan Amendment and Zoning By-law Amendment application, to the satisfaction of the General Manager, Parks, Forestry and Recreation; h. 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; i. the owner has made satisfactory arrangements with Engineering and Construction Services and enter into a 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; and j. the owner has satisfactorily addressed matters regarding the Natural Heritage Impact Statement or any outstanding issues raised by Environmental Planning, arising from the ongoing technical review, including provision of acceptable reports and studies, as they relate to the Official Plan Amendment and Zoning By-law Amendment application, 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 June 9, 2020, an application to amend the Official Plan and Zoning By-law (20 153975 NNY 08 OZ) was submitted to permit 14 and 10-storey mixed use buildings (46.4 metres and 34.8 metres respectively, excluding mechanical penthouse) with 455 residential dwelling units, including 15 rental replacement units, and 4,680.0 square metres of retail uses at grade. A 902.8 square metre park was also proposed. The applications were deemed complete on July 16, 2020.

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A second submission received on September 1, 2022 expanded the site to include 272 Lawrence Avenue West and proposed a public street extending north from Lawrence Avenue West to provide vehicle access to the site. On December 18, 2023, the applicant appealed the Official Plan and Zoning By-law amendment application to the Ontario Land Tribunal due to Council not making a decision within the 120-day time frame specified in the Planning Act (the "Appeals"). A Case Management Conference was held on March 27, 2024. The Ontario Land Tribunal has directed the parties to finalize a Procedural Order with Issues List before the second Case Management Conference scheduled for June 4, 2024. The current submission was received on December 19, 2023. The applicant currently proposes 14 and 12-storey mixed use buildings (47.2 metres and 40.4 metres respectively, excluding mechanical penthouse) and 665 residential dwelling units, 4,438 square metres of retail uses at grade, and a 1,088 square metre park. The subject lands were expanded again to include 1549 Avenue Road. With the addition of this property, the new public street is now proposed to extend to Douglas Avenue. This report recommends that City Council instruct the City Solicitor with the appropriate City staff to attend the Ontario Land Tribunal hearing in opposition to the proposal in its current form, but to continue discussions with the applicant to try to resolve the issues in advance of the hearing, and to request that the Ontario Land Tribunal withhold its final Order approving the Official Plan Amendment and Zoning By-law Amendment until the outstanding issues have been resolved, and certain other pre-approval conditions have been met.

Staff recommended

The City Planning Division recommends that: 1. City Council authorize the City Solicitor and appropriate City staff to attend at the Ontario Land Tribunal hearing in opposition to the proposal in its current form, and to continue discussions with the applicant to address outstanding issues in advance of the hearing, including but not limited to those outlined in this report. 2. In the event the Tribunal allows the appeals, in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal withhold its final Order approving the Official Plan Amendment and Zoning By-law Amendment until such time as the City Solicitor confirms that: a.

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the final form and content of the draft Official Plan Amendment and Zoning By-law amendments 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 Number 20 153985 NNY 08 RH in accordance with Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of the fifteen (15) existing rental dwelling units at 284 Lawrence Avenue West, 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 all rental housing-related matters necessary to implement City Council's decision including: 1. replacement of the existing 15 rental housing units, including the same number of units, bedroom type and size and with similar rents; and 2. an acceptable Tenant Relocation and Assistance Plan addressing the right for existing tenants to return to a replacement rental unit on the lands at similar rents, the provision of rent gap assistance, and other assistance to lessen hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning. c. the owner has submitted updated sun / shadow and pedestrian level wind studies, including the identification of any required mitigation measures to be secured in the zoning by-law amendment and through the site plan process to the satisfaction of the Chief Planner and Executive Director, City Planning; d. the owner has satisfactorily addressed the Transportation Services matters in the Engineering and Construction Services Memorandum dated February 8, 2024 and the Transportation Services email dated April 19, 2024, any outstanding issues raised by Transportation Services, arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Official Plan Amendment and Zoning By-law Amendment applications to the satisfaction of the General Manager, Transportation Services; e. the owner has satisfactorily addressed matters from Engineering and Construction Services as contained in the Engineering and Construction Services Memorandum dated February 8, 2024, or any outstanding issues raised by Engineering and Construction Services, arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Official Plan Amendment and Zoning By-law Amendment application, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; f. the owner has satisfactorily addressed matters from Parks, Forestry and Recreation as contained in the Parks, Forestry and Recreation Memorandum dated January 23, 2024, or any outstanding issues raised by Parks, Forestry and Recreation arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Official Plan Amendment and Zoning By-law Amendment application, to the satisfaction of the General Manager, Parks, Forestry and Recreation; g. the owner has satisfactorily addressed matters from Tree Protection and Plan Review, Urban Forestry Memorandum dated January 23, 2024, 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 Official Plan Amendment and Zoning By-law Amendment application, to the satisfaction of the General Manager, Parks, Forestry and Recreation; h. the owner has submitted to the Chief Engineer and Executive Director of 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; i. the owner has made satisfactory arrangements with Engineering and Construction Services and enter into a 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; and, j. The owner has satisfactorily addressed matters regarding the Natural Heritage Impact Statement (NHIS) or any outstanding issues raised by Environmental Planning, arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Official Plan Amendment and Zoning By-law Amendment application, 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.

Considered

  • 2024-05-08 · North York Community Council · adopted

    Decision as filed

    North York Community Council recommends that: 1. City Council authorize the City Solicitor and appropriate City staff to attend at the Ontario Land Tribunal hearing in opposition to the proposal in its current form, and to continue discussions with the applicant to address outstanding issues in advance of the hearing, including but not limited to those outlined in the report (April 19, 2024) from the Director, Community Planning, North York District.

    Show the rest of Decision as filed, 5,392 more characters as filed

    2. In the event the Tribunal allows the appeals, in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal withhold its final Order approving the Official Plan Amendment and Zoning By-law Amendment until such time as the City Solicitor confirms that: a. the final form and content of the draft Official Plan Amendment and Zoning By-law amendments 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 Number 20 153985 NNY 08 RH in accordance with Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of the fifteen (15) existing rental dwelling units at 284 Lawrence Avenue West, 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 all rental housing-related matters necessary to implement City Council's decision including: 1. replacement of the existing 15 rental housing units, including the same number of units, bedroom type and size and with similar rents; and 2. an acceptable Tenant Relocation and Assistance Plan addressing the right for existing tenants to return to a replacement rental unit on the lands at similar rents, the provision of rent gap assistance, and other assistance to lessen hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning. c. the owner has submitted updated sun / shadow and pedestrian level wind studies, including the identification of any required mitigation measures to be secured in the zoning by-law amendment and through the site plan process to the satisfaction of the Chief Planner and Executive Director, City Planning; d. the owner has satisfactorily addressed the Transportation Services matters in the Engineering and Construction Services Memorandum dated February 8, 2024 and the Transportation Services email dated April 19, 2024, any outstanding issues raised by Transportation Services, arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Official Plan Amendment and Zoning By-law Amendment applications to the satisfaction of the General Manager, Transportation Services; e. the owner has satisfactorily addressed matters from Engineering and Construction Services as contained in the Engineering and Construction Services Memorandum dated February 8, 2024, or any outstanding issues raised by Engineering and Construction Services, arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Official Plan Amendment and Zoning By-law Amendment application, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; f. the owner has satisfactorily addressed matters from Parks, Forestry and Recreation as contained in the Parks, Forestry and Recreation Memorandum dated January 23, 2024, or any outstanding issues raised by Parks, Forestry and Recreation arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Official Plan Amendment and Zoning By-law Amendment application, to the satisfaction of the General Manager, Parks, Forestry and Recreation; g. the owner has satisfactorily addressed matters from Tree Protection and Plan Review, Urban Forestry Memorandum dated January 23, 2024, 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 Official Plan Amendment and Zoning By-law Amendment application, to the satisfaction of the General Manager, Parks, Forestry and Recreation; h. the owner has submitted to the Chief Engineer and Executive Director of 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; i. the owner has made satisfactory arrangements with Engineering and Construction Services and enter into a 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; and, j. The owner has satisfactorily addressed matters regarding the Natural Heritage Impact Statement (NHIS) or any outstanding issues raised by Environmental Planning, arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Official Plan Amendment and Zoning By-law Amendment application, 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.

  • 2024-05-22 · Toronto City Council · adopted

On the record

The item as the City filed it

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