Item - 2011.NY8.35

Tracking Status

  • City Council adopted this item on July 12, 2011 without amendments.
  • This item was considered by North York Community Council on June 22, 2011 and was adopted with amendments. It will be considered by City Council on July 12, 2011.
  • See also By-law 1228-2012

NY8.35 - Final Report - Zoning By-law Amendment Application - 3101 and 3157 Bathurst Street

Decision Type:
ACTION
Status:
Adopted
Ward:
16 - Eglinton-Lawrence

City Council Decision

City Council on July 12, 13 and 14, 2011, adopted the following:

 

1.         City Council amend Zoning By-law 7625 for the former City of North York  to implement the proposed development, with the following revisions so as to implement a revised building envelope in accordance with the recent requests by the local community, which are reflected in the revised height map submitted by Councillor Stintz, which establishes a new building envelope which incorporates the following revisions:

           

a.         reducing the height of the most easterly portion along Douglas Avenue from 6 storeys (17 m) to 3 storeys (11.2 m), which extends a distance of 6.0 metres from the most easterly lot line;

 

b.         reducing the height of the 8 storey portion along Douglas Avenue from 8 storeys (23 m) to 6 storeys (17.0 m) extending a distance of 7.5 metres from the 3 storey step, with the remainder of the building at 9 storeys as reflected on the revised height map with a mechanical height of 5.5 m;

 

c.         increasing the setback for Douglas Avenue from 1.0 m to 2.0 m;

 

d.         the addition of a provision to recognize the small car parking spaces having a minimum unobstructed dimension of 2.6 x 4.95 metres long for 2 of the required parking spaces;

 

e.         the Maximum Gross Floor Area shall be reduced from 15, 475 square metres to 15,075 square metres, of which, a maximum of 4,250 square metres shall be permitted for non-residential uses; and

 

f.          the inclusion of a provision making it clear that no billboards are permitted on top of the building.

 

2.      City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendments as may be required.

 

3.      Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into a Section 37 Agreement to the satisfaction of the City Solicitor pursuant to Section 37 of the Planning Act to provide the following services, facilities or matters:

 

a.         prior to the issuance of any above-grade building permit, a monetary contribution of $215,000 which shall be used for local landscaping and improvements to the pedestrian amenities on the two abutting local streets, which will be determined by a Working Group, in collaboration with the local Councillor; and

 

b.         there shall be no billboards permitted on the top of the proposed building.

 

4.         Before introducing the necessary Bills to City Council for enactment, City Council require that the Site Plan be to the satisfaction of the Director, Community Planning, North York District.

 

5.         City Council direct that a Community Working Group be established to review the application for Site Plan Approval, including the proposed landscaping plans and pedestrian amenities surrounding the building.

 

6.         City Council request City Staff to undertake an Avenue Study of Bathurst Street, in collaboration with the community and the Ward 15 and 16 Councillors; pending budget availability, this work to begin in 2012 or as soon as possible.

 

7.         City Council, during the upcoming Official Plan Review, request City Staff to consider a change to the “Mixed-Use” designation of the properties municipally known as 546 and 548 Douglas Avenue in recognition of their longstanding use as single family residential homes.

 

8.         City Council direct City Staff to investigate and implement appropriate traffic calming measures along Douglas Avenue, including an investigation of surrounding parking restrictions and traffic lights and making any necessary changes as Traffic Operations recommends, including the installation of eastbound turn restrictions on Douglas Avenue and Bedford Park Avenue; the current by-laws preventing through traffic to Covington shall be in perpetuity.

 

9.         City Council direct City Staff to initiate a process to “close the laneway” abutting the easterly boundary of the property municipally known as 3107 Bathurst Street, with the applicant agreeing to contribute towards a reasonable landscape plan should such closure take place prior to the commencement of construction of the proposed development.

Public Notice Given

Statutory - Planning Act, RSO 1990

Background Information (Community Council)

(June 3, 2011) Final Report and Attachments 1-6 from the Director, Community Planning, North York District on Zoning By-law Amendment Application at 3101 and 3157 Bathurst Street.
https://www.toronto.ca/legdocs/mmis/2011/ny/bgrd/backgroundfile-38593.pdf
(June 3, 2011) Attachment 7 - Draft Zoning By-law Amendment (former City of North York Zoning By-law 7625)
https://www.toronto.ca/legdocs/mmis/2011/ny/bgrd/backgroundfile-38597.pdf

Communications (Community Council)

(June 13, 2011) E-mail from Eric Goldszmidt (NY.New.NY8.35.1)
(June 20, 2011) E-mail from Ina Ornstein (NY.New.NY8.35.2)
(June 20, 2011) E-mail from Daniel Ornstein (NY.New.NY8.35.3)
(June 21, 2011) E-mail from John Hughes and on behalf of himself, Karen, Stephanie and Daniel Hughes (NY.New.NY8.35.4)
(June 21, 2011) E-mail from Shawn Goldenberg (NY.New.NY8.35.5)
(June 21, 2011) E-mail from Andrew Kay (NY.New.NY8.35.6)
(June 22, 2011) Submission from Councillor Karen Stintz forwarding a revised height map to be incorporated as part of the recommendations to City Council (NY.New.NY8.35.7)
https://www.toronto.ca/legdocs/mmis/2011/ny/comm/communicationfile-22884.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Jul-13-2011 2:20 PM

Result: Carried Majority Required - NY8.35 - Adopt the item
Total members that voted Yes: 39 Members that voted Yes are Maria Augimeri, Ana Bailão, Shelley Carroll, Josh Colle, Gary Crawford, Vincent Crisanti, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 6 Members that were absent are Paul Ainslie, Michelle Berardinetti, Raymond Cho, Janet Davis, Mike Del Grande, Paula Fletcher

NY8.35 - Final Report - Zoning By-law Amendment Application - 3101 and 3157 Bathurst Street

Decision Type:
ACTION
Status:
Amended
Ward:
16 - Eglinton-Lawrence

Public Notice Given

Statutory - Planning Act, RSO 1990

Community Council Recommendations

North York Community Council recommends that:

 

1.         City Council amend Zoning By-law 7625 for the former City of North York  to implement the proposed development, with the following revisions so as to implement a revised building envelope in accordance with the recent requests by the local community, which are reflected in the revised height map submitted by Councillor Stintz, which establishes a new building envelope which incorporates the following revisions:

           

a.         reducing the height of the most easterly portion along Douglas Avenue from 6 storeys (17 m) to 3 storeys (11.2 m), which extends a distance of 6.0 metres from the most easterly lot line;

 

b.         reducing the height of the 8 storey portion along Douglas Avenue from 8 storeys (23 m) to 6 storeys (17.0 m) extending a distance of 7.5 metres from the 3 storey step, with the remainder of the building at 9 storeys as reflected on the revised height map with a mechanical height of 5.5 m;

 

c.         increasing the setback for Douglas Avenue from 1.0 m to 2.0 m;

 

d.         the addition of a provision to recognize the small car parking spaces having a minimum unobstructed dimension of 2.6 x 4.95 metres long for 2 of the required parking spaces;

 

e.         the Maximum Gross Floor Area shall be reduced from 15, 475 square metres to 15,075 square metres, of which, a maximum of 4,250 square metres shall be permitted for non-residential uses; and

 

f.          the inclusion of a provision making it clear that no billboards are permitted on top of the building.

 

2.      City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendments as may be required.

 

3.      Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into a Section 37 Agreement to the satisfaction of the City Solicitor pursuant to Section 37 of the Planning Act to provide the following services, facilities or matters:

 

a.         prior to the issuance of any above-grade building permit, a monetary contribution of $215,000 which shall be used for local landscaping and improvements to the pedestrian amenities on the two abutting local streets, which will be determined by a Working Group, in collaboration with the local Councillor; and

 

b.         there shall be no billboards permitted on the top of the proposed building.

 

4.         Before introducing the necessary Bills to City Council for enactment, City Council require that the Site Plan be to the satisfaction of the Director, Community Planning, North York District.

 

5.         City Council direct that a Community Working Group be established to review the application for Site Plan Approval, including the proposed landscaping plans and pedestrian amenities surrounding the building.

 

6.         City Council request City Staff to undertake an Avenue Study of Bathurst Street, in collaboration with the community and the Ward 15 and 16 Councillors; pending budget availability, this work to begin in 2012 or as soon as possible.

 

7.         City Council, during the upcoming Official Plan Review, request City Staff to consider a change to the “Mixed-Use” designation of the properties municipally known as 546 and 548 Douglas Avenue in recognition of their longstanding use as single family residential homes.

 

8.         City Council direct City Staff to investigate and implement appropriate traffic calming measures along Douglas Avenue, including an investigation of surrounding parking restrictions and traffic lights and making any necessary changes as Traffic Operations recommends, including the installation of eastbound turn restrictions on Douglas Avenue and Bedford Park Avenue; the current by-laws preventing through traffic to Covington shall be in perpetuity.

 

9.         City Council direct City Staff to initiate a process to “close the laneway” abutting the easterly boundary of the property municipally known as 3107 Bathurst Street, with the applicant agreeing to contribute towards a reasonable landscape plan should such closure take place prior to the commencement of construction of the proposed development.

Decision Advice and Other Information

North York Community Council held a statutory public meeting on June 22, 2011 and notice was given in accordance with the Planning Act.

Origin

(June 3, 2011) Report from the Director, Community Planning, North York District

Summary

This application proposes to amend the Zoning By-law to permit a 180-unit Retirement Residence at 3101 and 3157 Bathurst Street.  The proposed building would have a maximum height of nine storeys (26.10m)  stepping down to eight, seven and six storeys from Bathurst Street and an overall gross floor area of 15,475m2.  A two level underground parking garage would accommodate 136 parking spaces.

 

The draft By-law provides flexibility in that the upper three floors could be used for office uses.

 

The redevelopment proposal supports the Official Plan goal to encourage a diversity of office, commercial, institutional and residential uses along an Avenue while protecting the abutting lower scale residential uses to the east.

 

This report reviews and recommends approval of the application to amend the Zoning By-law.

Background Information

(June 3, 2011) Final Report and Attachments 1-6 from the Director, Community Planning, North York District on Zoning By-law Amendment Application at 3101 and 3157 Bathurst Street.
https://www.toronto.ca/legdocs/mmis/2011/ny/bgrd/backgroundfile-38593.pdf
(June 3, 2011) Attachment 7 - Draft Zoning By-law Amendment (former City of North York Zoning By-law 7625)
https://www.toronto.ca/legdocs/mmis/2011/ny/bgrd/backgroundfile-38597.pdf

Communications

(June 13, 2011) E-mail from Eric Goldszmidt (NY.New.NY8.35.1)
(June 20, 2011) E-mail from Ina Ornstein (NY.New.NY8.35.2)
(June 20, 2011) E-mail from Daniel Ornstein (NY.New.NY8.35.3)
(June 21, 2011) E-mail from John Hughes and on behalf of himself, Karen, Stephanie and Daniel Hughes (NY.New.NY8.35.4)
(June 21, 2011) E-mail from Shawn Goldenberg (NY.New.NY8.35.5)
(June 21, 2011) E-mail from Andrew Kay (NY.New.NY8.35.6)
(June 22, 2011) Submission from Councillor Karen Stintz forwarding a revised height map to be incorporated as part of the recommendations to City Council (NY.New.NY8.35.7)
https://www.toronto.ca/legdocs/mmis/2011/ny/comm/communicationfile-22884.pdf

Speakers

Adam Brown, Sherman Brown Dryer Karol, on behalf of the applicant
Randi Satok
John Hughes
Jeffrey Wasser
Neil Smiley

Motions

Motion to Amend Item moved by Councillor Karen Stintz (Carried)

That North York Community Council recommend to City Council that:

 

1.         City Council replace staff Recommendations 1 to 4 and adopt the following new Recommendations instead:

  

"1.        City Council amend Zoning By-law 7625 for the former City of North York  to implement the proposed development, with the following revisions so as to implement a revised building envelope in accordance with the recent requests by the local community, which are reflected in the revised height map attached hereto, which establishes a new building envelope which incorporates the following revisions:

           

a.         reducing the height of the most easterly portion along Douglas Avenue from 6 storeys (17 m) to 3 storeys (11.2 m), which extends a distance of 6.0 metres from the most easterly lot line;

 

b.         reducing the height of the 8 storey portion along Douglas Avenue from 8 storeys (23 m) to 6 storeys (17.0 m) extending a distance of 7.5 metres from the 3 storey step, with the remainder of the building at 9 storeys as reflected on the revised height map with a mechanical height of 5.5 m;

 

c.         increasing the setback for Douglas Avenue from 1.0 m to 2.0 m;

 

d.         the addition of a provision to recognize the small car parking spaces having a minimum unobstructed dimension of 2.6 x 4.95 metres long for 2 of the required parking spaces;

 

e.         the Maximum Gross Floor Area shall be reduced from 15, 475 square metres to 15,075 square metres, of which, a maximum of 4,250 square metres shall be permitted for non-residential uses; and

 

f.          the inclusion of a provision making it clear that no billboards are permitted on top of the building.

 

2.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendments as may be required.

 

3.         Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into a Section 37 Agreement to the satisfaction of the City Solicitor pursuant to Section 37 of the Planning Act to provide the following services, facilities or matters:

 

a.         prior to the issuance of any above-grade building permit, a monetary contribution of $215,000 which shall be used for local landscaping and improvements to the pedestrian amenities on the two abutting local streets, which will be determined by a Working Group, in collaboration with the local Councillor; and

 

b.         there shall be no billboards permitted on the top of the proposed building.

 

4.         Before introducing the necessary Bills to City Council for enactment, City Council require that the Site Plan be to the satisfaction of the Director, Community Planning, North York District.

 

5.         City Council direct that a Community Working Group be established to review the application for Site Plan Approval, including the proposed landscaping plans and pedestrian amenities surrounding the building".


Motion to Amend Item (Additional) moved by Councillor Karen Stintz (Carried)

That:

 

1.         City Staff be requested to undertake an Avenue Study of Bathurst Street, in collaboration with the community and the Ward 15 and 16 Councillors; pending budget availability, this work is to begin in 2012 or as soon as possible.

 

2.         During the upcoming Official Plan Review, City Staff be requested to consider a change to the “Mixed-Use” designation of the properties municipally known as 546 and 548 Douglas Avenue in recognition of their longstanding use as single family residential homes.

 

3.         City Staff be directed to investigate and implement appropriate traffic calming measures along Douglas Avenue, including an investigation of surrounding parking restrictions and traffic lights and making any necessary changes as Traffic Operations recommends, including the installation of eastbound turn restrictions on Douglas Avenue and Bedford Park Avenue; the current by-laws preventing through traffic to Covington shall be in perpetuity.

 

4.         City Staff be directed to initiate a process to “close the laneway” abutting the easterly boundary of the property municipally known as 3107 Bathurst Street, with the applicant agreeing to contribute towards a reasonable landscape plan should such closure take place prior to the commencement of construction of the proposed development.

Source: Toronto City Clerk at www.toronto.ca/council