2801 Keele Street, 6 Paxtonia Boulevard - Official Plan Amendment and Zoning By-law Amendment - Appeal Report

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The decision

2024-12-17 · Toronto City Council · amended

As filed

City Council on December 17 and 18, 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 (November 15, 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 Executive Director, Development Review, which amongst other matters may include a holding (H) provision; b. the owner has satisfactorily addressed matters from Engineering Review as contained in the Engineering Review Memorandum dated October 24, 2023, or any outstanding issues raised by Engineering Review, 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 Chief Engineer and Executive Director, Engineering Review; c. the owner has satisfactorily addressed matters from Transportation Review as contained in the Engineering Review Memorandum dated October 24, 2023, or any outstanding issues raised by Transportation Review, 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 Review and that such matters arising from such Plan be secured as required; d. the owner has submitted to the Chief Engineer and Executive Director, Engineering Review for review and acceptance, prior to approval of the rezoning application, 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; e. the owner has made satisfactory arrangements with Engineering Review and enter into the appropriate 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 Review; f. the owner has provided space within the development for installation of maintenance access holes and sampling ports on the private side, 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. g. the owner has satisfactorily addressed matters from Parks, Forestry and Recreation as contained in the Parks, Forestry and Recreation Memorandum dated July 3, 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 Zoning By-law Amendment application, to the satisfaction of the General Manager, Parks, Forestry and Recreation; h. the owner has satisfactorily addressed matters from Tree Protection and Plan Review, Urban Forestry Memorandum dated September 4, 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 Zoning By-law Amendment application, to the satisfaction of the General Manager, Parks, Forestry and Recreation; i. the owner has submitted a revised Travel Demand Management Plan acceptable to, and to the satisfaction of the Executive Director, Development Review and the General Manager, Transportation Review and that such matters arising from such study be secured if required through the implementing zoning by-law amendment and, or Site Plan approval; j. the owner has submitted architectural plans reflecting the proposal as approved in whole or in part, to the satisfaction of the Executive Director, Development Review; and k. the owner has submitted an updated complete Toronto Green Standards Checklist and Statistics Template, to the satisfaction of the Executive Director, Development Review. 3. Should it be determined that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing Report and/or the Transportation Impact Study, the City Council direct the City Solicitor and appropriate City staff to request that a Holding provision (H) be included in the final form of the site-specific Zoning By-law Amendment, including entering into appropriate agreement(s) with the City for required mitigation, as well as the design and construction of any improvements to the municipal infrastructure and the provision of financial securities to the satisfaction of the Chief Engineer and Executive Director, Engineering Review and General Manager, Transportation Review. 4. City Council direct the Executive Director, Development Review and the City Solicitor to explore, through the Ontario Land Tribunal appeal process, access to and exit from the proposed development via Keele Street. 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 March 31, 2023, an Official Plan and Zoning By-law Amendment application (23 129052 NNY 06 OZ), and Site Plan Control application (23 129057 NNY 06 SA) were deemed complete to permit a 11 storey (40.5 metres including mechanical penthouse) mixed-use building with 156 residential dwelling units and 388.82 square metres of at-grade commercial uses. The current revised proposal was received on June 4, 2024. The applicant currently proposes an 11-storey mixed-use building with a height of 44.3 metres, including a mechanical penthouse.

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It comprises 186 units, 615 square metres of at-grade commercial space, and 324 square metres of a Privately Owned Publicly Accessible Space. The gross floor area has increased from 13,700 square metres to approximately 14,926 square metres due to changes in building massing, layout, and configuration. On August 23, 2024, the applicant appealed the Official Plan Amendment and Zoning by-law application to the Ontario Land Tribunal due to Council not making a decision within the time frame prescribed in the Planning Act. The related Site Plan control application has not been appealed and is held in abeyance pending the outcome of the Appeal. A Case Management Conference has been scheduled for December 4, 2024. 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 Director, Community Planning, North York District 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 Executive Director, Development Review, which amongst other matters may include a holding (H) provision; b. the owner has satisfactorily addressed matters from Engineering Review as contained in the Engineering Review Memorandum dated October 24, 2023, or any outstanding issues raised by Engineering Review, 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 Chief Engineer and Executive Director, Engineering Review; c. the owner has satisfactorily addressed matters from Transportation Review as contained in the Engineering Review Memorandum dated October 24, 2023, or any outstanding issues raised by Transportation Review, 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 Review and that such matters arising from such Plan be secured as required; d. the owner has submitted to the Chief Engineer and Executive Director of Engineering Review for review and acceptance, prior to approval of the rezoning application, 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; e. the owner has made satisfactory arrangements with Engineering Review and enter into the appropriate 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 Review; f. the owner has provided space within the development for installation of maintenance access holes and sampling ports on the private side, 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. g. the owner has satisfactorily addressed matters from Parks, Forestry and Recreation as contained in the Parks, Forestry and Recreation Memorandum dated July 3, 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 Zoning By-law Amendment application, to the satisfaction of the General Manager, Parks, Forestry and Recreation; h. the owner has satisfactorily addressed matters from Tree Protection and Plan Review, Urban Forestry Memorandum dated September 4, 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 Zoning By-law Amendment application, to the satisfaction of the General Manager, Parks, Forestry and Recreation; i. the owner has submitted a revised Travel Demand Management Plan acceptable to, and to the satisfaction of the Executive Director, Development Review and the General Manager, Transportation Review and that such matters arising from such study be secured if required through the implementing zoning by-law amendment and, or Site Plan approval; j. the owner has submitted architectural plans reflecting the proposal as approved in whole or in part, to the satisfaction of the Executive Director, Development Review; k. the owner has submitted an updated complete Toronto Green Standards Checklist and Statistics Template, to the satisfaction of the Executive Director, Development Review. 3. Should it be determined that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing Report and / or the Transportation Impact Study, the City Council direct the City Solicitor and appropriate City staff to request that a Holding provision (H) be included in the final form of the site-specific Zoning By-law Amendment, including entering into appropriate agreement(s) with the City for required mitigation, as well as the design and construction of any improvements to the municipal infrastructure and the provision of financial securities to the satisfaction of the Chief Engineer and Executive Director, Engineering Review and General Manager, Transportation Review. 4. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

Considered

2024-12-03 · 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 (November 15, 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 Executive Director, Development Review, which amongst other matters may include a holding (H) provision; b. the owner has satisfactorily addressed matters from Engineering Review as contained in the Engineering Review Memorandum dated October 24, 2023, or any outstanding issues raised by Engineering Review, 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 Chief Engineer and Executive Director, Engineering Review; c. the owner has satisfactorily addressed matters from Transportation Review as contained in the Engineering Review Memorandum dated October 24, 2023, or any outstanding issues raised by Transportation Review, 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 Review and that such matters arising from such Plan be secured as required; d. the owner has submitted to the Chief Engineer and Executive Director of Engineering Review for review and acceptance, prior to approval of the rezoning application, 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; e. the owner has made satisfactory arrangements with Engineering Review and enter into the appropriate 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 Review; f. the owner has provided space within the development for installation of maintenance access holes and sampling ports on the private side, 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. g. the owner has satisfactorily addressed matters from Parks, Forestry and Recreation as contained in the Parks, Forestry and Recreation Memorandum dated July 3, 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 Zoning By-law Amendment application, to the satisfaction of the General Manager, Parks, Forestry and Recreation; h. the owner has satisfactorily addressed matters from Tree Protection and Plan Review, Urban Forestry Memorandum dated September 4, 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 Zoning By-law Amendment application, to the satisfaction of the General Manager, Parks, Forestry and Recreation; i. the owner has submitted a revised Travel Demand Management Plan acceptable to, and to the satisfaction of the Executive Director, Development Review and the General Manager, Transportation Review and that such matters arising from such study be secured if required through the implementing zoning by-law amendment and, or Site Plan approval; j. the owner has submitted architectural plans reflecting the proposal as approved in whole or in part, to the satisfaction of the Executive Director, Development Review; k. the owner has submitted an updated complete Toronto Green Standards Checklist and Statistics Template, to the satisfaction of the Executive Director, Development Review. 3. Should it be determined that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing Report and / or the Transportation Impact Study, the City Council direct the City Solicitor and appropriate City staff to request that a Holding provision (H) be included in the final form of the site-specific Zoning By-law Amendment, including entering into appropriate agreement(s) with the City for required mitigation, as well as the design and construction of any improvements to the municipal infrastructure and the provision of financial securities to the satisfaction of the Chief Engineer and Executive Director, Engineering Review and General Manager, Transportation Review. 4. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.
2024-12-17 · Toronto City Council · amended

On the record

The item as the City filed it

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