Item - 2015.NY6.17

Tracking Status

  • City Council adopted this item on June 10, 2015 with amendments.
  • This item was considered by North York Community Council on May 12, 2015. It is being forwarded to City Council without recommendations. It will be considered by City Council on June 10, 2015.

NY6.17 - Request for Direction Report - Official Plan and Zoning By-law Amendment Application - 500 Sheppard Avenue East

Decision Type:
ACTION
Status:
Amended
Ward:
23 - Willowdale

City Council Decision

City Council on June 10, 11 and 12, 2015, adopted the following:

 

1.  City Council adopt the recommendations contained in Confidential Attachment 1 to the supplementary report (June 9, 2015) from the City Solicitor.

 

2.  City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 to the supplementary report (June 9, 2015) from the City Solicitor and City Council direct that all other information contained in the Confidential Attachment 1 to supplementary report (June 9, 2015) from the City Solicitor remain confidential.

 

The following confidential recommendations in Confidential Attachment 1 to the supplementary report (June 9, 2015) from the City Solicitor were adopted by City Council and are now public:

 

1.  City Council authorize the City Solicitor, and other appropriate staff, to attend the Ontario Municipal Board hearing scheduled to commence June 15, 2015 in support of the official plan and zoning by-law amendment applications of Mallpaks Development Limited as revised and described in Confidential Attachment 1 to the supplementary report (June 9, 2015) from the City Solicitor, for the reasons set out in Confidential Attachment 1, subject to the following conditions being addressed to the satisfaction of the City Solicitor:

 

a.  The built form of the proposal will be substantially as set out in Appendix “A” and "B" in Confidential Attachment 1 to the supplementary report (June 9, 2015) from the City Solicitor; and

 

b.  Prior to the Board issuing its order, the owner shall enter into an Agreement pursuant to Section 37 of the Planning Act, to be registered on title and to the satisfaction of the City Solicitor, to secure the following:

 

i.  The owner shall lease a daycare facility space to the City for a term of 99 years on a turn-key basis.  The lease shall ensure that the City does not pay any rent or any facility fees or other charges, and that the owner shall be responsible for the cost of all utilities and municipal services supplied to the facility, caretaking costs of the building's common areas, repair and maintenance costs (excluding reasonable wear and tear), realty taxes and any local improvement charges.

 

ii.  The daycare facility shall have a minimum interior gross floor area of 557.4 square metres and exterior play space of 290 square metres.  The owner shall be responsible for constructing, furnishing, finishing and equipping the daycare facility in accordance with City and provincial standards and requirements.

 

iii.  Prior to the issuance of the first above-grade building permit for the proposed development, the owner shall provide a contribution in the amount of $500,000 to be indexed in accordance with City practice and secured by way of a letter of credit. Such funds shall be used for agreed-upon park improvements to the existing parkette abutting the site by the owner, to the satisfaction of the General Manager, Parks, Forestry and Recreation.  In addition, the owner shall maintain both the existing parkette and the new on-site park at its expense, after its conveyance to the City.

 

iv.  The owner shall convey to the City an easement, at no cost to the City and free and clear of all encumbrances, for a north-south publicly-accessible walkway along the west side of the site to connect Sheppard Avenue East to Mallingham Court to the north.  The owner shall maintain, repair and insure the said walkway.

 

v.  The owner shall provide a minimum of 2,000 m2 of office space and 912 m2 of retail space.

 

2.  City Council approve a development charge credit against the Parks and Recreation component of the development charges of 500 Sheppard Avenue East for the design and construction by the owner of the Above Base Park Improvements at 500 Sheppard Avenue East to the satisfaction of the General Manager, Parks, Forestry and Recreation.  The development charge credit shall be in an amount that is the lesser of the cost to the owner of installing the Above Base Park Improvements and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.  This development charge credit will only be applicable if the site is approved.

 

3.  City Council approve a development charge credit against the daycare component of the development charges of 500 Sheppard Avenue East, for the construction by the owner of a daycare with an area of not less than 557.4 m2 at 500 Sheppard Avenue East Street in accordance with City and provincial standards and requirements.  The development charge credit shall be in an amount that is the lesser of the cost to the owner of constructing and finishing the daycare and the daycare component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.  This development charge credit will only be applicable if the site is approved.

 

4.  The owner shall convey the on-site park to the City being the earlier of 36 months after the issuance of the first above-grade building permit and prior to the first condominium registration.

 

5.  The City shall enter into any limiting distance agreement with the owner that may be necessary under the Building Code Act or the Ontario Building Code, for nominal consideration.

 

6.  The City Solicitor and Chief Planner and Executive Director, City Planning be jointly authorized to support minor changes to the final built form of the development proposal.

 

7.  The City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, be authorized to finalize the elements of the settlement, including the official plan amendment, the zoning by-law amendment and any other related planning instruments and be authorized to request that the Ontario Municipal Board approve the development in accordance with Parts 1 to 6 above.

 

Appendices A and B to Confidential Attachment 1 to the supplementary report (June 9, 2015) from the City Solicitor are now public and can be accessed under Background Information (City Council).

 

The balance of Confidential Attachment 1 to the supplementary report (June 9, 2015) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice or communications that are subject to solicitor-client privilege and it pertains to litigation or potential litigation that affects the City or one of its agencies, boards and commissions.

Confidential Attachment - advice or communications that are subject to solicitor-client privilege and litigation or potential litigation that affects the City of one of its agencies, boards, and commissions.

Background Information (Community Council)

(April 24, 2015) Request for Direction Report and Attachments 1-10 from the Director, Community Planning, North York District on Official Plan and Zoning By-law Amendment Application for 500 Sheppard Avenue East
https://www.toronto.ca/legdocs/mmis/2015/ny/bgrd/backgroundfile-79618.pdf

Background Information (City Council)

(June 9, 2015) Supplementary report from the City Solicitor on 500 Sheppard Avenue East - Appeal of Official Plan and Zoning By-law Amendments Application - Request for Direction regarding OMB Hearing (NY6.17a)
https://www.toronto.ca/legdocs/mmis/2015/cc/bgrd/backgroundfile-81286.pdf
Confidential Attachment 1
Confidential Appendices A and B to Confidential Attachment 1 - made public on June 18, 2015
https://www.toronto.ca/legdocs/mmis/2015/cc/bgrd/backgroundfile-81685.pdf

Motions (City Council)

1 - Motion to Adopt Item as Amended moved by Councillor John Filion (Carried)

That City Council adopt the following recommendations contained in the supplementary report (June 9, 2015) from the City Solicitor [NY6.17a]:

 

1.  That City Council adopt the recommendations contained in the Confidential Attachment 1 to this report. 

 

2.  City Council authorize the public release, at the end of the Council meeting, of the Confidential Recommendations in Attachment 1, if adopted by City Council. All other information contained in the Confidential Attachment 1 is to remain confidential.

 

Vote (Adopt Item as Amended) Jun-11-2015 2:24 PM

Result: Carried Majority Required - NY6.17 - Filion - motion 1 - Adopt the item as amended
Total members that voted Yes: 40 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson
Total members that voted No: 2 Members that voted No are James Pasternak, David Shiner
Total members that were Absent: 3 Members that were absent are Rob Ford, John Tory, Kristyn Wong-Tam

NY6.17 - Request for Direction Report - Official Plan and Zoning By-law Amendment Application - 500 Sheppard Avenue East

Decision Type:
ACTION
Status:
Without Recs
Ward:
23 - Willowdale

Community Council Recommendations

North York Community Council submits this item to City Council without recommendation.

Origin

(April 24, 2015) Report from the Director, Community Planning, North York District

Summary

The application proposes a 29-storey mixed-use building, 91 metres high with 310 dwelling units (including 5 live-work units) and 3,364 square metres of commercial floor space at 500 Sheppard Avenue East. The gross floor area proposed is 26,543 square metres resulting in a proposed density of 4.63 times the area of the lot. The applicant has appealed the application to the Ontario Municipal Board (OMB) due to Council's failure to make a decision within the prescribed period under the Planning Act.  A prehearing was held on July 15, 2014.  A full hearing is scheduled for June 14 to July 3, 2015.

 

This report seeks Council's direction to oppose the proposed development at the Ontario Municipal Board in its current form. The application is contrary to the Sheppard East Subway Corridor Secondary Plan, and Clairtrell Area Context Plan. The height and density of the development are not consistent with the existing and planned context.  This report also recommends continuing discussions with the applicant to resolve outstanding issues in relation to building height and density, parkland dedication and servicing.

Background Information

(April 24, 2015) Request for Direction Report and Attachments 1-10 from the Director, Community Planning, North York District on Official Plan and Zoning By-law Amendment Application for 500 Sheppard Avenue East
https://www.toronto.ca/legdocs/mmis/2015/ny/bgrd/backgroundfile-79618.pdf

Speakers

Marc Kemerer, Devry Smith Frank LLP

Motions

1 - Motion to forward item Without Recommendations moved by Councillor John Filion (Carried)
That North York Community Council submit this item to City Council without recommendation.
Source: Toronto City Clerk at www.toronto.ca/council