Item - 2013.TE25.8

Tracking Status

TE25.8 - Final Report - 282 St. Clair Avenue West - Official Plan and Zoning Amendment Applications

Decision Type:
ACTION
Status:
Amended
Ward:
22 - St. Paul's

City Council Decision

City Council on July 16, 17, 18 and 19, 2013, adopted the following:

 

1.         City Council authorize the City Solicitor to attend at the Ontario Municipal Board in support of the Official Plan Amendment substantially in the form included as Attachment No. 9 to the Final Report (May 24, 2013) from the Director, Community Planning Toronto and East York District with an amendment to permit an 8-storey apartment building rather than a 9-storey apartment building.

 

2.         City Council authorize the City Solicitor to attend at the Ontario Municipal Board in support of the Zoning By-law Amendment substantially in the form included as Attachment No. 10 to the Final Report (May 24, 2013) from the Director Community Planning Toronto and East York District, with necessary amendments, including amendments to Map 2, Section 1(h) and Section 2 as follows:

 

a.         the number of storeys be reduced from 9 to 8, with an associated maximum building height of 26 metres, excluding mechanical penthouse;

 

b.         the size of the mechanical penthouse be reduced to comply with the mechanical penthouse provisions of s 4(2)(a) of By-law 438-86, as amended;

 

c.         the facilities, services and matters set out in Section 2 be secured prior to issuance of the first above-grade building permit; and

 

d.         adjustment of height and density related provisions, including the contemplated cash contributions set out in Section 2, commensurate with the contemplated reduction in height and density under the direction of the City Solicitor.

 

3.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and draft Zoning By-law Amendment as may be required.

 

4.         City Council authorize and direct the City Solicitor to request the Ontario Municipal Board to withhold issuance of its Order on the Official Plan and Zoning By-law Amendments until such time as the Owner has entered into a Section 37 Agreement with the City satisfactory to the City Solicitor securing the facilities, matters and services agreed to and the agreement has been registered on title.

 

5.         City Council authorize the appropriate City Officials to take all necessary action to give effect to Council's decision, including execution of the Section 37 Agreement.

Statutory - Planning Act, RSO 1990

Background Information (Community Council)

(May 24, 2013) Report from the Director, Community Planning, Toronto and East York District - 282 St. Clair Avenue West - Official Plan and Zoning Amendment Applications - Final Report
https://www.toronto.ca/legdocs/mmis/2013/te/bgrd/backgroundfile-58861.pdf

Communications (Community Council)

(June 4, 2013) Letter from Albert and Barbara Milstein (TE.Supp.TE25.8.1)
(June 14, 2013) Letter from Dr. Janet Polivy and Dr. C. Peter Herman (TE.Supp.TE25.8.2)
(June 16, 2013) E-mail from Marilyn Shesko and David Hertzman (TE.Supp.TE25.8.3)
(June 16, 2013) E-mail from David Ross (TE.Supp.TE25.8.4)
(June 17, 2013) E-mail from Ronald A. Factor (TE.Supp.TE25.8.5)
(June 17, 2013) E-mail from Brian Maguire, Acting Chair, Forest Hill Homeowners' Association (TE.Supp.TE25.8.6)
(June 17, 2013) E-mail from Mark Leung (TE.Supp.TE25.8.7)
(June 17, 2013) E-mail from David Hertzman and Marilyn Shesko (TE.Supp.TE25.8.8)
(June 17, 2013) Submission from Cyndi Rottenberg-Walker, Urban Strategies Inc. (TE.Supp.TE25.8.9)

Motions (City Council)

1 - Motion to Amend Item moved by Councillor Josh Matlow (Carried)

That City Council delete Toronto and East York Community Council Recommendations 1, 2 and 4:

 

Recommendations to be deleted

 

1.         City Council amend the Official Plan for the lands at 282 St. Clair Avenue West substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 9 to the report (May 24, 2013) from the Director, Community Planning, Toronto and East York District.

 

2.         City Council amend Zoning By-law No. 438-86 for the lands at 282 St. Clair Avenue West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 10 to the report (May 24, 2013) from the Director, Community Planning, Toronto and East York District, with the following amendments to Attachment No. 10:

 

a.         That Section 1.(h) and Map 2 be amended to provide that:

 

-            the number of storeys be reduced from 9 to 8, with an associated maximum building height of 26 metres, excluding the mechanical penthouse; and

 

-            the size of the mechanical penthouse be reduced to comply with the mechanical penthouse provisions of s. 4(2)(a) of By-law 438-86.


4.         Before introducing the necessary Bills to City Council for enactment, City Council require the Owner of the lands at 282 St. Clair Avenue West to enter into an Agreement pursuant to Section 37 of the Planning Act to secure the following facilities, services and matters:

 

a.         The owner shall:

 

i.          make a cash contribution in the amount of  $200,000 to be payable prior to the first above-grade building permit.  The funds are to be used for streetscape improvements in Forest Hill Village to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, and the amount shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, calculated from the date of the Section 37 Agreement to the date of payment; and

 

ii.          make a cash payment in the amount of $200,000 to be payable prior to the first above-grade building permit.  The funds are to be used towards capital improvements for the City of Toronto Museum located at Casa Loma, or for improvements to local area parks, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, and the amount shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, calculated from the date of the Section 37 Agreement to the date of payment.

 

And add the following new Recommendations 1, 2 and 4:

 

1.          City Council authorize the City Solicitor to attend at the Ontario Municipal Board in support of the Official Plan Amendment substantially in the form included as Attachment No. 9 to the Final Report (May 24, 2013) from the Director, Community Planning Toronto and East York District with amendment to permit an 8-storey apartment building rather than a 9-storey apartment building.

 

2.         City Council authorize the City Solicitor to attend at the Ontario Municipal Board in support of the Zoning By-law Amendment substantially in the form included as Attachment No. 10 to the Final Report (May 24, 2013) from the Director Community Planning Toronto and East York District, with necessary amendments, including amendment to Map 2, Section 1(h) and Section 2 as follows:

 

a.            the number of storeys be reduced from 9 to 8, with an associated maximum building height of 26 metres, excluding mechanical penthouse;

 

b.            the size of the mechanical penthouse be reduced to comply with the mechanical penthouse provisions of s 4(2)(a) of By-law 438-86, as amended;

 

c.            the facilities, services and matters set out in Section 2 be secured prior to issuance of the first above-grade building permit; and

 

d.            adjustment of height and density related provisions, including the contemplated cash contributions set out in Section 2, commensurate with the contemplated reduction in height and density under the direction of the City Solicitor. 

 

4.         City Council authorize and direct the City Solicitor  to request that the Ontario Municipal Board to withhold issuance of its Order on the Official Plan and Zoning By-law Amendments until such time as the Owner has entered into a Section 37 Agreement with the City satisfactory to the City Solicitor securing the facilities, matters and services agreed to and the agreement has been registered on title.

Vote (Amend Item) Jul-18-2013 2:20 PM

Result: Carried Majority Required - TE25.8 - Matlow - motion 1
Total members that voted Yes: 38 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Gary Crawford, Vincent Crisanti, Janet Davis, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Mary-Margaret McMahon
Total members that were Absent: 6 Members that were absent are Josh Colle, Glenn De Baeremaeker, Mark Grimes, Giorgio Mammoliti, Pam McConnell, Anthony Perruzza

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Jul-18-2013 2:22 PM

Result: Carried Majority Required - TE25.8 - Adopt the item as amended
Total members that voted Yes: 38 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Gary Crawford, Vincent Crisanti, Janet Davis, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Mary-Margaret McMahon
Total members that were Absent: 6 Members that were absent are Josh Colle, Glenn De Baeremaeker, Mark Grimes, Giorgio Mammoliti, Pam McConnell, Anthony Perruzza

TE25.8 - Final Report - 282 St. Clair Avenue West - Official Plan and Zoning Amendment Applications

Decision Type:
ACTION
Status:
Amended
Ward:
22 - St. Paul's

Statutory - Planning Act, RSO 1990

Community Council Recommendations

The Toronto and East York Community Council recommends that:

 

1.         City Council amend the Official Plan for the lands at 282 St. Clair Avenue West substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 9 to the report (May 24, 2013) from the Director, Community Planning, Toronto and East York District.

 

2.         City Council amend Zoning By-law No. 438-86 for the lands at 282 St. Clair Avenue West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 10 to the report (May 24, 2013) from the Director, Community Planning, Toronto and East York District, with the following amendments to Attachment No. 10:

 

a.         That Section 1.(h) and Map 2 be amended to provide that:

 

-           the number of storeys be reduced from 9 to 8, with an associated maximum building height of 26 metres, excluding the mechanical penthouse; and

 

-           the size of the mechanical penthouse be reduced to comply with the mechanical penthouse provisions of s. 4(2)(a) of By-law 438-86.

3.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and draft Zoning By-law Amendment as may be required.

 

4.         Before introducing the necessary Bills to City Council for enactment, City Council require the Owner of the lands at 282 St. Clair Avenue West to enter into an Agreement pursuant to Section 37 of the Planning Act to secure the following facilities, services and matters:

 

a.         The owner shall:

 

i.          make a cash contribution in the amount of  $200,000 to be payable prior to the first above-grade building permit.  The funds are to be used for streetscape improvements in Forest Hill Village to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, and the amount shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, calculated from the date of the Section 37 Agreement to the date of payment; and

 

ii.         make a cash payment in the amount of $200,000 to be payable prior to the first above-grade building permit.  The funds are to be used towards capital improvements for the City of Toronto Museum located at Casa Loma, or for improvements to local area parks, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, and the amount shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, calculated from the date of the Section 37 Agreement to the date of payment.

 

5.         City Council authorize the appropriate City Officials to take all necessary action to give effect to the foregoing, including execution of the Section 37 Agreement.

Decision Advice and Other Information

The Toronto and East York Community Council held a statutory public meeting on June 18, 2013, and notice was given in accordance with the Planning Act.

Origin

(May 24, 2013) Report from the Director, Community Planning, Toronto and East York District

Summary

This application proposes to amend the Official Plan and Zoning By-law in order to permit the construction of a 9-storey residential building, with 118 dwelling units and 109 below-grade parking spaces.

 

The proposed development as revised conforms to the development criteria of the Apartment Neighbourhoods Official Plan policies. An amendment to Area Specific Official Plan Policy 221 is required with respect to the height of the proposed development.

 

This report reviews and recommends approval of the applications to amend the Official Plan and Zoning By-law.

Background Information

(May 24, 2013) Report from the Director, Community Planning, Toronto and East York District - 282 St. Clair Avenue West - Official Plan and Zoning Amendment Applications - Final Report
https://www.toronto.ca/legdocs/mmis/2013/te/bgrd/backgroundfile-58861.pdf

Communications

(June 4, 2013) Letter from Albert and Barbara Milstein (TE.Supp.TE25.8.1)
(June 14, 2013) Letter from Dr. Janet Polivy and Dr. C. Peter Herman (TE.Supp.TE25.8.2)
(June 16, 2013) E-mail from Marilyn Shesko and David Hertzman (TE.Supp.TE25.8.3)
(June 16, 2013) E-mail from David Ross (TE.Supp.TE25.8.4)
(June 17, 2013) E-mail from Ronald A. Factor (TE.Supp.TE25.8.5)
(June 17, 2013) E-mail from Brian Maguire, Acting Chair, Forest Hill Homeowners' Association (TE.Supp.TE25.8.6)
(June 17, 2013) E-mail from Mark Leung (TE.Supp.TE25.8.7)
(June 17, 2013) E-mail from David Hertzman and Marilyn Shesko (TE.Supp.TE25.8.8)
(June 17, 2013) Submission from Cyndi Rottenberg-Walker, Urban Strategies Inc. (TE.Supp.TE25.8.9)

Speakers

Lee Weston
David Ross
Brian Maguire, Acting Chair, Forest Hill Homeowners' Association
Albert Milstein
David Eastaugh
Peter Farmer
Jordan Solomon
Ronald A. Factor, President, Geolam Inc.
Mark Leung
Cyndi Rottenberg-Walker, Urban Strategies
Kim Kovar, Aird & Berlis LLP, representing the Forest Hill Homeowners' Association
David Pontarini, Harini Pontarini Architects
Adam J. Brown, Sherman Brown Dryer Karol

Motions

1 - Motion to Amend Item moved by Councillor Josh Matlow (Carried)

That the Toronto and East York Community Council  adopt the recommendations in the report (May 24, 2013) from the Director, Community Planning, Toronto and East York District, subject to:

 

A.        Amending Recommendation 2. to read as follows:

 

"2.        City Council amend Zoning By-law No. 438-86, for the lands at 282 St. Clair Avenue West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 10 to the report (May 24, 2013) from the Director, Community Planning, Toronto and East York District, with the following amendments to Attachment No. 10:

 

a.         That Section 1.(h) and Map 2 be amended to provide that:

 

-           the number of storeys be reduced from 9 to 8, with an associated maximum building height of 26 metres, excluding the mechanical penthouse; and

 

-           to reduce the size of the mechanical penthouse to comply with the mechanical penthouse provisions of s. 4(2)(a) of By-law 438-86."

 

B.        Amending Recommendation 4.a.i. by deleting the words "to be paid to the City within 30 days of the Site Specific Zoning By-law coming into full force and effect and, in any event, prior to issuance of the first building permit" and replacing them with the words "to be payable prior to the first above-grade building permit", so that the recommendation reads as follows:

 

"i.         make a cash contribution in the amount of  $200,000 to be payable prior to the first above-grade building permit.  The funds are to be used for streetscape improvements in Forest Hill Village to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, and the amount shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, calculated from the date of the Section 37 Agreement to the date of payment; and"

 

C.        Amending Recommendation 4.a.ii. by deleting the words "to be paid to the City within 30 days of the Site Specific Zoning By-law coming into full force and effect and, in any event, prior to issuance of the first building permit" and replacing them with "to be payable prior to the first above-grade building permit", so that the recommendation reads as follows:

 

"ii.        make a cash payment in the amount of $200,000 to be payable prior to the first above-grade building permit.  The funds are to be used towards capital improvements for the City of Toronto Museum located at Casa Loma, or for improvements to local area parks, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, and the amount shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, calculated from the date of the Section 37 Agreement to the date of payment."


2 - Motion to Adopt Item moved by Councillor Ana Bail„o (Redundant)

3 - Motion to Adopt Item as Amended moved by Councillor Josh Matlow (Carried)
Source: Toronto City Clerk at www.toronto.ca/council