Item - 2011.TE4.6

Tracking Status

TE4.6 - Request for Direction Report - 2-6 Lisgar Street - Zoning Amendment Application

Decision Type:
ACTION
Status:
Amended
Ward:
18 - Davenport

City Council Decision

City Council on March 8 and 9, 2011, adopted the following:

 

1.         City Council authorize the City Solicitor and necessary City staff to attend the Ontario Municipal Board hearing in support of the position recommended in this report.

 

2.         City Council authorize the City Solicitor and necessary City staff to attend at the Ontario Municipal Board hearing in support of the draft Zoning By-law Amendment, substantially in the form attached as Attachment 8 to the report (January 18, 2011) from the Director, Community Planning, Toronto and East York District.

 

3.         City Council authorize the Chief Planner and Executive Director, City Planning Division, in consultation with the City Solicitor, to make such technical and stylistic changes to the draft Zoning By-law Amendment as Attachments No. 8 to the report (January 18, 2011) from the Director, Community Planning, Toronto and East York District, as well as other modifications considered appropriate and consistent with the objectives outlined in this report (January 18, 2011) from the Director, Community Planning, Toronto and East York with respect to the proposed zoning and implementation of the applicable Toronto Official Plan policies.

 

4.         City Council authorize the Chief Planner and Executive Director, City Planning Division, in consultation with the City Solicitor, to prepare and support at the Ontario Municipal Board, a site specific exception to the new Zoning By-law No. 1156-2010 to reflect the same development permissions that may be granted through the draft Zoning By-law Amendment contained in Attachment No. 8 of the report (January 18, 2011) from the Director, Community Planning, Toronto and East York District.

 

5.         City Council authorize staff to include the community benefits to a cash or equivalent value of $1,000,000 as outlined in the report (March 7, 2011) from the Director Community Planning, Toronto and East York District, under Section 37 of the Planning Act in the draft Zoning Bylaw Amendment for 2-6 Lisgar Street.

 

6.         City Council authorize the City Solicitor to request that the Ontario Municipal Board withhold any Orders approving the proposed Zoning By-law Amendments until such time as the applicant has executed the Section 37 agreement.

 

7.         City Council authorize the City Solicitor to request the Ontario Municipal Board to withhold any order approving the Zoning By-law Amendments until such time as the City advises that the Site Plan Control matters have been resolved to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

 

8.         City Council authorize the appropriate City Staff to secure a minimum of 0.7 times the lot area of non-residential floor area, which may include affordable artist live-work space, as part of the development at 2-6 Lisgar Street.

 

9.         City Council direct that prior to the issuance of any building permit, a minimum of 260 square metres of land at the north limit of the property be conveyed to the City for parkland purposes.  The land is to be free and clear, above and below grade, of all physical obstructions and easements, encumbrances and encroachments, including surface and subsurface easements, unless the easement, encumbrance or encroachment is otherwise approved by the General Manager, Parks, Forestry and Recreation.  The owner also be responsible for an environmental assessment of the lands and any associated costs or remediation works required as a result of that assessment to the satisfaction of the General Manager, Parks, Forestry and Recreation, in consultation with the Executive Director of Technical Services.

 

10.       City Council direct the owner to pay the costs of the transfer of the parkland, and the preparation and registration of all relevant documents.  Prior to dedication, the Owner be required to provide, to the satisfaction of the City Solicitor, all legal descriptions and applicable reference plans of survey for the new parkland.

 

11.       Prior to the issuance of any building permit, City Council require the owner to pay the City cash-in-lieu for the value of the base park improvements for the 260 square metres to be dedicated to the City for park construction.  The estimate of the value of the base park improvements will be to the satisfaction of the General Manager, Parks, Forestry and Recreation.

 

12.       Prior to the issuance of any building permit, City Council require the owner to enter into a Limiting Distance Agreement with the City regarding Lisgar Park.

 

13.       City Council authorize the City Solicitor and applicable City staff to take all necessary steps to implement the foregoing.

 

Background Information (Community Council)

(January 18, 2011) Report from the Director, Community Planning, Toronto and East York District - Request for Direction Report - 2-6 Lisgar Street - Zoning Amendment Application
https://www.toronto.ca/legdocs/mmis/2011/te/bgrd/backgroundfile-35482.pdf

Background Information (City Council)

(March 7, 2011) Supplementary report from the Chief Planner and Executive Director, City Planning Division (TE4.6a)
https://www.toronto.ca/legdocs/mmis/2011/cc/bgrd/backgroundfile-36417.pdf

Communications (City Council)

(March 4, 2011) Letter from Michelle Gay, ACTIVE 18 Community Association (CC.Supp.TE4.6.1)

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Ana Bail„o (Carried)

That:

 

A.        City Council adopt the following recommendations contained in the report (March 7, 2011) from the Chief Planner and Executive Director, City Planning Division [TE4.6a]:

 

1.         City Council authorize staff to include the community benefits to a cash or equivalent value of $1,000,000 as outlined in the March 4, 2011 report from the Director Community Planning Toronto and East York District, under Section 37 of the Planning Act in the draft Zoning Bylaw Amendment for 2-6 Lisgar Street; and

 

2.         City Council authorize the City Solicitor to request the Ontario Municipal Board to withhold any order approving the Zoning By-law Amendments until such time as the City advises that the Site Plan Control matters have been resolved to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

 

B.         City Council authorize the appropriate City Staff to secure a minimum of 0.7 times the lot area of non-residential floor area, which may include affordable artist live-work space, as part of the development at 2-6 Lisgar Street.

Vote (Amend Item (Additional)) Mar-08-2011 6:07 PM

Result: Carried Majority Required - TE4.6 - Bail„o motion 1
Total members that voted Yes: 34 Members that voted Yes are Paul Ainslie, Ana Bail„o, Michelle Berardinetti, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Doug Ford, Rob Ford, Mark Grimes, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, David Shiner, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Maria Augimeri
Total members that were Absent: 10 Members that were absent are Shelley Carroll, Glenn De Baeremaeker, Paula Fletcher, Mary Fragedakis, Pam McConnell, Denzil Minnan-Wong, Ron Moeser, Anthony Perruzza, Jaye Robinson, Karen Stintz

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Mar-08-2011 6:09 PM

Result: Carried Majority Required - TE4.6 - Item as amended
Total members that voted Yes: 35 Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Mark Grimes, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, David Shiner, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 10 Members that were absent are Ana Bail„o, Shelley Carroll, Glenn De Baeremaeker, Mary Fragedakis, Giorgio Mammoliti, Denzil Minnan-Wong, Ron Moeser, Anthony Perruzza, Jaye Robinson, Karen Stintz

TE4.6 - Request for Direction Report - 2-6 Lisgar Street - Zoning Amendment Application

Decision Type:
ACTION
Status:
Adopted
Ward:
18 - Davenport

Community Council Recommendations

The Toronto and East York Community Council recommends that:

 

1.         City Council authorize the City Solicitor and necessary City staff to attend the Ontario Municipal Board hearing in support of the position recommended in this report.

 

2.         City Council authorize the City Solicitor and necessary City staff to attend at the Ontario Municipal Board hearing in support of the draft Zoning By-law Amendment, substantially in the form attached as Attachment 8 to the January 18, 2011, report from the Director, Community Planning, Toronto and East York District.

 

3.         City Council authorize the Chief Planner and Executive Director, City Planning Division, in consultation with the City Solicitor, to make such technical and stylistic changes to the draft Zoning By-law Amendment as Attachments No. 8 to the report dated January 18, 2011, from the Director, Community Planning, Toronto and East York District, as well as other modifications considered appropriate and consistent with the objectives outlined in this report dated January 18, 2011, from the Director, Community Planning, Toronto and East York with respect to the proposed zoning and implementation of the applicable Toronto Official Plan policies.

 

4.         City Council authorize the Chief Planner and Executive Director, City Planning Division, in consultation with the City Solicitor, to prepare and support at the Ontario Municipal Board, a site specific exception to the new Zoning By-law No. 1156-2010 to reflect the same development permissions that may be granted through the draft Zoning By-law Amendment contained in Attachment No. 8 of the report dated January 18, 2011, from the Director, Community Planning, Toronto and East York District.

 

5.         City Council authorize the City Solicitor to request that the Ontario Municipal Board withhold any Orders approving the proposed Zoning By-law Amendments until such time as the applicant has executed the Section 37 agreement.

 

6.         City Council direct that prior to the issuance of any building permit, a minimum of 260 square metres of land at the north limit of the property be conveyed to the City for parkland purposes.  The land is to be free and clear, above and below grade, of all physical obstructions and easements, encumbrances and encroachments, including surface and subsurface easements, unless the easement, encumbrance or encroachment is otherwise approved by the General Manager, Parks, Forestry and Recreation.  The owner also be responsible for an environmental assessment of the lands and any associated costs or remediation works required as a result of that assessment to the satisfaction of the General Manager, Parks, Forestry and Recreation, in consultation with the Executive Director of Technical Services.

 

7.         City Council direct the owner to pay the costs of the transfer of the parkland, and the preparation and registration of all relevant documents.  Prior to dedication, the Owner be required to provide, to the satisfaction of the City Solicitor, all legal descriptions and applicable reference plans of survey for the new parkland.

 

8.         Prior to the issuance of any building permit, City Council require the owner to pay the City cash-in-lieu for the value of the base park improvements for the 260 square metres to be dedicated to the City for park construction.  The estimate of the value of the base park improvements will be to the satisfaction of the General Manager, Parks, Forestry and Recreation.

 

9.         Prior to the issuance of any building permit, City Council require the owner to enter into a Limiting Distance Agreement with the City regarding Lisgar Park.

 

10.       City Council authorize the City Solicitor and applicable City staff to take all necessary steps to implement the foregoing.

Decision Advice and Other Information

The Toronto and East York Community Council directed that:

 

1.         Community Planning staff schedule a community consultation meeting for the lands at 2-6 Lisgar Street together with the Ward Councillor prior to March 4, 2011.

 

2.         Notice for the community consultation meeting be given to landowners and residents within 120 metres of the site.

 

3.         Community Planning staff report directly to City Council on March 8, 2011, regarding benefits secured under Section 37 of the Planning Act, to be included in the draft Zoning By-law Amendment following further review.

 

4.         Community Planning staff report directly to City Council on March 8, 2011, should the application and proposed Zoning By-law Amendments require revisions, following review by various City Divisions and from comments which may arise from the Community Consultation Meeting.

Origin

(January 18, 2011) Report from the Director, Community Planning, Toronto and East York District

Summary

This application was made on or after January 1, 2007 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

 

The purpose of this report is to request direction from City Council regarding the pending Ontario Municipal Board hearing on the application for a Zoning By-law Amendment application at 2-6 Lisgar Street.  A hearing has been set for 2 days, commencing on April 11, 2011.

 

A Request for Directions report, dated December 10, 2008, from the Acting Director, Community Planning, Toronto and East York District was before City Council at its meeting of January 27 and 28, 2009.  That report was for a 15-storey mixed use building at 2-6 Lisgar Street, which would have contained a large commercial use with smaller retail and office uses at grade, and 300 residential dwelling units above.

 

A revised application was submitted to the City on November 17, 2010.  The revised application proposes a building with 2 towers with heights of 14 storeys and 16 storeys, containing a total of 479 residential dwelling units at 2-6 Lisgar Street.  The application proposes five (5) levels of underground parking, of which 100 parking spaces will be allocated for a Toronto Parking Authority garage.

Background Information

(January 18, 2011) Report from the Director, Community Planning, Toronto and East York District - Request for Direction Report - 2-6 Lisgar Street - Zoning Amendment Application
https://www.toronto.ca/legdocs/mmis/2011/te/bgrd/backgroundfile-35482.pdf

Motions

1 - Motion to Adopt Item moved by Councillor Ana Bail„o (Carried)
Source: Toronto City Clerk at www.toronto.ca/council