40 Walmer Road - Zoning By-law Amendment Application - Decision Report - Refusal

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The decision

2024-02-06 · Toronto City Council · adopted

As filed

City Council on February 6 and 7, 2024, adopted the following: 1. City Council refuse the application for the Zoning By-law Amendment in its current form, for the lands municipally known as 40 Walmer Road. 2. In the event the application is appealed to the Ontario Land Tribunal, City Council, pursuant to Subsection 34(11.0.0.1) of the Planning Act, use mediation, conciliation or other dispute resolution techniques in an attempt to resolve the Zoning By-law Amendment application, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

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3. City Council direct the City Solicitor to request, in the event of an appeal to the Ontario Land Tribunal, the Ontario Land Tribunal to withhold its final order until the following conditions are met: a. the final form of the Zoning By-law Amendments are to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, including any appropriate holding (H) provisions; b. City Council has approved Rental Housing Demolition Application 23 221261 STE 11 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to permit the demolition of the existing rental dwelling units 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: i. replacement of the existing 33 rental housing units, including the same number of units, bedroom type and size and with similar rents; and ii. 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 a revised Heritage Impact Assessment that demonstrates how the proposed development fits into its context and protects the heritage attributes of the adjacent designated property under Part IV of the Ontario Heritage Act at 38 Walmer Road and adjacent properties included on the City's Heritage Register at 35 and 44 Walmer Road, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design and the Chief Planner and Executive Director, City Planning; d. the owner has provided revised plans and revised sun shadow and pedestrian level wind studies with recommendations implemented as part of Zoning By-law Amendment and the City has advised that any building envelope changes to address the findings of the studies have been made, to the satisfaction of the Chief Planner and Executive Director, City Planning; e. the owner has provided confirmation of water, sanitary and stormwater to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the Chief Engineer and Executive Director, Engineering and Construction Services has determined that holding provisions are required in the Zoning By-law amendment; f. the owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Zoning By-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review; g. the owner has addressed all outstanding issues raised by Transportation Services, as they relate to the Zoning By-law Amendment application, to the satisfaction of the General Manager, Transportation Services; and h. in the event that a parkland dedication is required by Parks Development, further direction from City Council will be required to approve and secure all necessary conditions of parkland conveyance by the owner to the City. 4. City Council authorize the City Solicitor and other appropriate staff to take any necessary steps to implement City Council's decision.

On the agenda

As the city filed it

On October 24, 2023, a Zoning By-law Amendment application was submitted to permit a 35-storey (111.65 metres, including mechanical penthouse) residential building containing 365 dwelling units, including 33 replacement rental units. The application was deemed complete on November 15, 2023. The existing building located at 40 Walmer Road contains 33 rental dwelling units. A related Rental Housing Demolition and Conversion application to demolish and replace the existing rental dwelling units is under review.

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This report recommends refusal of the application to amend the Zoning By-law because the proposal does not conform with the Official Plan or the Downtown Plan, and does not meet the intent of the Tall Building Design Guidelines or the Downtown Tall Buildings: Vision and Supplementary Design Guideline.

Staff recommended

The Director, Community Planning Toronto and East York District recommends that: 1. City Council refuse the application for the Zoning By-law Amendment in its current form, for the lands municipally known as 40 Walmer Road. 2. In the event the application is appealed to the Ontario Land Tribunal, City Council, pursuant to subsection 34(11.0.0.1) of the Planning Act, use mediation, conciliation or other dispute resolution techniques in an attempt to resolve the Zoning By-law Amendment application, to the satisfaction of the Chief Planner and Executive Director, City Planning and City Solicitor.

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3. City Council direct the City Solicitor to request that, in the event of an appeal to the Ontario Land Tribunal, the Tribunal withhold its final order, until the following conditions are met: a. the final form of the Zoning By-law Amendments are to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor, including any appropriate holding (H) provisions; b. City Council has approved Rental Housing Demolition Application 23 221261 STE 11 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of the existing rental dwelling units 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: i. replacement of the existing 33 rental housing units, including the same number of units, bedroom type and size and with similar rents; and ii. 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 a revised Heritage Impact Assessment that demonstrates how the proposed development fits into its context and protects the heritage attributes of the adjacent designated property under Part IV of the Ontario Heritage Act at 38 Walmer Road and adjacent properties included on the City's Heritage Register at 35 and 44 Walmer Road, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, and City Planning; d. the owner has provided revised plans and revised sun shadow and pedestrian level wind studies with recommendations implemented as part of Zoning By-law Amendment and the City has advised that any building envelope changes to address the findings of the studies have been made, to the satisfaction of the Chief Planner and Executive Director, City Planning; e. the owner has provided confirmation of water, sanitary and stormwater to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the Chief Engineer and Executive Director, Engineering and Construction Services has determined that holding provisions are required in the Zoning By-law amendment; f. the owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Zoning By-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review; g. the owner has addressed all outstanding issues raised by Transportation Services, as they relate to the Zoning By-law Amendment application, to the satisfaction of the General Manager, Transportation Services; and h. in the event that a parkland dedication is required by Parks Development, further direction from City Council will be required to approve and secure all necessary conditions of parkland conveyance by the owner to the City. 4. City Council authorize the City Solicitor and other appropriate staff to take any necessary steps to implement City Council's decision.

Considered

2024-01-24 · Toronto and East York Community Council · adopted
Decision as filed
The Toronto and East York Community Council recommends that: 1. City Council refuse the application for the Zoning By-law Amendment in its current form, for the lands municipally known as 40 Walmer Road. 2. In the event the application is appealed to the Ontario Land Tribunal, City Council, pursuant to subsection 34(11.0.0.1) of the Planning Act, use mediation, conciliation or other dispute resolution techniques in an attempt to resolve the Zoning By-law Amendment application, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.
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3. City Council direct the City Solicitor to request, in the event of an appeal to the Ontario Land Tribunal, the Ontario Land Tribunal to withhold its final order until the following conditions are met: a. the final form of the Zoning By-law Amendments are to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, including any appropriate holding (H) provisions; b. City Council has approved Rental Housing Demolition Application 23 221261 STE 11 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to permit the demolition of the existing rental dwelling units 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: i. replacement of the existing 33 rental housing units, including the same number of units, bedroom type and size and with similar rents; and ii. 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 a revised Heritage Impact Assessment that demonstrates how the proposed development fits into its context and protects the heritage attributes of the adjacent designated property under Part IV of the Ontario Heritage Act at 38 Walmer Road and adjacent properties included on the City's Heritage Register at 35 and 44 Walmer Road, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design and the Chief Planner and Executive Director, City Planning; d. the owner has provided revised plans and revised sun shadow and pedestrian level wind studies with recommendations implemented as part of Zoning By-law Amendment and the City has advised that any building envelope changes to address the findings of the studies have been made, to the satisfaction of the Chief Planner and Executive Director, City Planning; e. the owner has provided confirmation of water, sanitary and stormwater to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the Chief Engineer and Executive Director, Engineering and Construction Services has determined that holding provisions are required in the Zoning By-law amendment; f. the owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Zoning By-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review; g. the owner has addressed all outstanding issues raised by Transportation Services, as they relate to the Zoning By-law Amendment application, to the satisfaction of the General Manager, Transportation Services; and h. in the event that a parkland dedication is required by Parks Development, further direction from City Council will be required to approve and secure all necessary conditions of parkland conveyance by the owner to the City. 4. City Council authorize the City Solicitor and other appropriate staff to take any necessary steps to implement City Council's decision.
2024-02-06 · Toronto City Council · adopted

On the record

The item as the City filed it

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