Item - 2017.TE26.25

Tracking Status

TE26.25 - 85, 87, 89, 91 Broadway Avenue and 198 Redpath Avenue - Zoning Amendment and Rental Housing Demolition Applications - Request for Direction Report

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

City Council Decision

City Council on October 2, 3 and 4, 2017, adopted the following:

 

1. City Council adopt the confidential instructions to staff attached to motion 1 by Councillor Josh Matlow.

 

2.  City Council authorize the public release of the confidential instructions adopted by City Council at the discretion of the City Solicitor.

 

3.  City Council defer making a decision at this time on Application 16 262583 STE 22 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to demolish the 9 existing rental dwelling units at 85, 87, 89 and 91 Broadway Avenue and 198 Redpath Avenue and City Council instruct staff to report on the Section 111 application to the Toronto and East York Community Council at such time as an Ontario Municipal Board decision has been issued regarding the Zoning By-law Amendment appeal for such lands at 85, 87, 89 and 91 Broadway Avenue and 198 Redpath Avenue.

 

4.  In the event that the Ontario Municipal Board allows the appeal in whole or in part, City Council direct the City Solicitor to request the Ontario Municipal Board to withhold the issuance of any Order(s) on the Zoning By-law Amendment appeal for the subject lands until such time as the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning and the owner, have provided draft by-laws to the Board in a form and with content satisfactory to the Director, Community Planning, Toronto East York District and the City Solicitor, including securing replacement rental dwelling units and rents, tenant assistance and any other rental related matters at least in conformity with Section 3.2.1.6 of the Official Plan, and the owner has entered into and registered a Section 37 Agreement with the City incorporating such replacement rental dwelling units, rents, tenant assistance, any other rental related matters and other Section 37 matters, all to the satisfaction of the City Solicitor.

 

5.  In the event that the Ontario Municipal Board allows the appeal in whole or in part, City Council direct the City Solicitor to request the Ontario Municipal Board to withhold the issuance of any Order(s) on the Zoning By-law Amendment appeal for the subject lands pending City Council dealing with the Application 16 262583 STE 22 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to demolish the 9 existing rental dwelling units at 85, 87, 89 and 91 Broadway Avenue and 198 Redpath Avenue.

 

6.  In the event that the Ontario Municipal Board allows the appeal in whole or in part, City Council direct the City Solicitor to request the Ontario Municipal Board to withhold the issuance of any Order(s) on the Zoning By-law Amendment appeal for the subject lands pending confirmation of water, sanitary and stormwater capacity from the Executive Director, Engineering and Construction Services, and pending receipt of a satisfactory Functional Servicing Report.

 

7.  City Council authorize the Chief Planner and Executive Director, City Planning to secure services, facilities or matters pursuant to Section 37 of the Planning Act, in consultation with the Ward Councillor, for:

 

a. public realm improvements in the Yonge-Eglinton Secondary Plan Area; and/or
  

b. additional community services and facilities in the Yonge-Eglinton Secondary Plan Area in accordance with emerging infrastructure priorities identified in the Yonge-Eglinton Secondary Plan Review, together with any matters to be secured as a matter of convenience.

   

8.  City Council direct that Confidential Attachments 1 and 2 to the supplementary report (September 27, 2017) from the City Solicitor remain confidential as they contain advice or communications that are subject to solicitor-client privilege.

 

The confidential instructions to staff adopted by City Council remain confidential in their entirety at this time in accordance with the provisions of the City of  Toronto Act, 2006, as they contain advice or communications that are subject to solicitor-client privilege.  The confidential instructions to staff adopted by City Council will be made public at the discretion of the City Solicitor.

 

Confidential Attachments 1 and 2 to the supplementary report (September 27, 2017) from the City Solicitor remain confidential in their entirety in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice or communications that are subject to solicitor-client privilege.

Confidential Attachment - The receiving of advice or communications that are subject to solicitor-client privilege

Background Information (Community Council)

(August 17, 2017) Report and Attachments 1-8 from the Director, Community Planning, Toronto and East York District - 85, 87, 89, 91 Broadway Avenue and 198 Redpath Avenue - Zoning Amendment and Rental Housing Demolition Applications - Request for Direction Report
https://www.toronto.ca/legdocs/mmis/2017/te/bgrd/backgroundfile-106305.pdf

Background Information (City Council)

(September 25, 2017) Supplementary report from the City Solicitor on 85, 87, 89 and 91 Broadway Avenue and 198 Redpath Avenue - Ontario Municipal Board Appeal - Request for Direction (TE26.25a)
https://www.toronto.ca/legdocs/mmis/2017/cc/bgrd/backgroundfile-107271.pdf
Confidential Attachment 1
Confidential Attachment 2

Communications (Community Council)

(September 6, 2017) E-mail from Joanne Leznoff (TE.Supp.TE26.25.1)

Motions (City Council)

1 - Motion to Adopt Item as Amended moved by Councillor Josh Matlow (Carried)

That City Council delete the Toronto and East York Community Council recommendations and adopt the following instead:

 

1. City Council adopt the confidential instructions to staff attached to this motion.

 

2.  City Council authorize the public release of the confidential instructions at the discretion of the City Solicitor.

 

3.  City Council defer making a decision at this time on application No. 16 262583 STE 22 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to demolish the 9 existing rental dwelling units at 85, 87, 89 and 91 Broadway Avenue and 198 Redpath Avenue and instruct staff to report on the Section 111 application to Toronto and East York Community Council at such time as an Ontario Municipal Board decision has been issued regarding the Zoning By-law Amendment appeal for such lands at 85, 87, 89 and 91 Broadway Avenue and 198 Redpath Avenue.

 

4.  In the event that the Ontario Municipal Board allows the appeal in whole or in part, City Council direct the City Solicitor to request the Ontario Municipal Board to withhold the issuance of any Order(s) on the Zoning By-law Amendment appeal for the subject lands until such time as the City Solicitor in consultation with the Chief Planner and Executive Director, City Planning and the owner have provided draft by-laws to the Board in a form and with content satisfactory to the Director, Community Planning, Toronto East York District and the City Solicitor, including securing replacement rental dwelling units and rents, tenant assistance and any other rental related matters at least in conformity with Section 3.2.1.6 of the Official Plan, and the owner has entered into and registered a Section 37 Agreement with the City incorporating such replacement rental dwelling units, rents, tenant assistance, any other rental related matters and other Section 37 matters, all to the satisfaction of the City Solicitor.

 

5.  In the event that the Ontario Municipal Board allows the appeal in whole or in part, City Council direct the City Solicitor to request the Ontario Municipal Board to withhold the issuance of any Order(s) on the Zoning By-law Amendment appeal for the subject lands pending City Council dealing with the application No. 16 262583 STE 22 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to demolish the 9 existing rental dwelling units at 85, 87, 89 and 91 Broadway Avenue and 198 Redpath Avenue.

 

6.  In the event that the Ontario Municipal Board allows the appeal in whole or in part, City Council direct the City Solicitor to request the Ontario Municipal Board to withhold the issuance of any Order(s) on the Zoning By-law Amendment appeal for the subject lands pending confirmation of water, sanitary and stormwater capacity from the Executive Director, Engineering and Construction Services, and pending receipt of a satisfactory Functional Servicing Report.

 

7.  City Council authorize the Chief Planner and Executive Director, City Planning to secure services, facilities or matters pursuant to Section 37 of the Planning Act, in consultation with the Ward Councillor, for:

 

a. public realm improvements in the Yonge-Eglinton Secondary Plan Area; and/or
 

b. additional community services and facilities in the Yonge-Eglinton Secondary Plan Area in accordance with emerging infrastructure priorities identified in the Yonge-Eglinton Secondary Plan Review, together with any matters to be secured as a matter of convenience.

   

8.  City Council direct that Confidential Attachments 1 and 2 to the supplementary report (September 27, 2017) from the City Solicitor remain confidential as they contain advice or communications that are subject to solicitor-client privilege.

Vote (Adopt Item as Amended) Oct-04-2017 9:02 PM

Result: Carried Majority Required - TE26.25 - Matlow - motion 1 - Adopt the item as amended
Total members that voted Yes: 32 Members that voted Yes are Paul Ainslie, Jon Burnside, Christin Carmichael Greb, Shelley Carroll, Gary Crawford, Joe Cressy, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Stephen Holyday, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 12 Members that were absent are Maria Augimeri, Ana Bail„o, John Campbell, Josh Colle, Vincent Crisanti, Justin J. Di Ciano, John Filion, Michelle Holland, Jim Karygiannis, Giorgio Mammoliti, James Pasternak, David Shiner

Declared Interests (City Council)

The following member(s) declared an interest:

Councillor Maria Augimeri - as she owns property in the immediate area.

TE26.25 - 85, 87, 89, 91 Broadway Avenue and 198 Redpath Avenue - Zoning Amendment and Rental Housing Demolition Applications - Request for Direction Report

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

Community Council Recommendations

The Toronto and East York Community Council recommends that:

 

1.  City Council authorize the City Solicitor, together with appropriate staff, to attend the Ontario Municipal Board hearing to oppose the applicant's appeal respecting the Zoning By-law Amendment application for 85,87,89,91 Broadway Avenue and 198 Redpath Avenue.

 

2.  City Council defer making a decision at this time on application No. 16 262583 STE 22 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to demolish the 9 existing rental dwelling units at 85, 87, 89 and 91 Broadway Avenue and 198 Redpath Avenue and instruct staff to report on the Section 111 application to Toronto and East York Community Council at such time as an Ontario Municipal Board decision has been issued regarding the Zoning By-law Amendment appeal for such lands at 85, 87, 89 and 91 Broadway Avenue and 198 Redpath Avenue.

 

3.  In the event that the Ontario Municipal Board allows the appeal in whole or in part, City Council direct the City Solicitor to request the Ontario Municipal Board to withhold the issuance of any Order(s) on the Zoning By-law Amendment appeal for the subject lands until such time as the City Solicitor in consultation with the Chief Planner and Executive Director, City Planning and the owner have provided draft by-laws to the Board in a form and with content satisfactory to the Director, Community Planning, Toronto East York District and the City Solicitor, including securing replacement rental dwelling units and rents, tenant assistance and any other rental related matters at least in conformity with Section 3.2.1.6 of the Official Plan, and the owner has entered into and registered a Section 37 Agreement with the City incorporating such replacement rental dwelling units, rents, tenant assistance, any other rental related matters and other Section 37 matters, all to the satisfaction of the City Solicitor.

 

4.  In the event that the Ontario Municipal Board allows the appeal in whole or in part, City Council direct the City Solicitor to request the Ontario Municipal Board to withhold the issuance of any Order(s) on the Zoning By-law Amendment appeal for the subject lands pending City Council dealing with the application No. 16 262583 STE 22 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to demolish the 9 existing rental dwelling units at 85, 87, 89 and 91 Broadway Avenue and 198 Redpath Avenue.

 

5.  In the event that the Ontario Municipal Board allows the appeal in whole or in part, City Council direct the City Solicitor to request the Ontario Municipal Board to withhold the issuance of any Order(s) on the Zoning By-law Amendment appeal for the subject lands pending confirmation of water, sanitary and stormwater capacity from the Executive Director, Engineering and Construction Services, and pending receipt of a satisfactory Functional Servicing Report.

 

6.  In the event that the appeal is allowed in whole or in part by the Ontario Municipal Board, City Council authorize the Chief Planner and Executive Director, City Planning to secure services, facilities or matters pursuant to Section 37 of the Planning Act, in consultation with the Ward Councillor, for:

 

- Public realm improvements in the Yonge-Eglinton Secondary Plan Area; and/or
 

- Additional community services and facilities in the Yonge-Eglinton Secondary Plan Area in accordance with emerging infrastructure priorities identified in the Yonge-Eglinton Secondary Plan Review, together with any matters to be secured as a matter of convenience.

Origin

(August 17, 2017) Report from the Director, Community Planning, Toronto and East York District

Summary

This application proposes a 38-storey (117.64 metres, plus 12 metre mechanical penthouse) residential building containing 361 dwelling units (including 11 rental replacement units).

 

The 5 existing residential structures containing 12 dwelling units (3 owner occupied and 9 rental) on the site would be demolished and the rental units fully replaced in the proposed development.

 

An application for Rental Housing Demolition and Conversion under Section 111 of the City of Toronto Act (Chapter 667 of the Municipal Code) has been filed to permit the demolition of the 9 existing rental dwelling units.

 

The applicant appealed its Zoning By-law Amendment application to the Ontario Municipal Board due to Council's failure to make a decision within the time prescribed by the Planning Act.

 

This report recommends that Council direct the City Solicitor, together with appropriate City staff, to oppose the appeal at the Ontario Municipal Board.  The proposal, as revised, is not supported by Planning staff for the reasons outlined in this report.

 

Planning staff have considered the application within the context of the Planning Act and the in force policy framework, including the Provincial Policy Statement, Growth Plan for the Golden Horseshoe and the City's Official Plan.

 

The proposed built form does not conform to the Healthy Neighbourhoods, Built Form or Apartment Neighbourhood policies of the Official Plan.  The built form does not meet the requirements of, or maintain the intent of, the City's Tall Building Design Guidelines.  Further, the proposal does not conform to the policies of OPA 289 (under appeal).

 

The proposal does not conform to the emerging planning policy direction of the Yonge-Eglinton Secondary Plan Review (Midtown in Focus).  The built form does not adequately address Council-endorsed Midtown in Focus built form principles to reinforce the unique open space amenity and spaciousness in Midtown Apartment Neighbourhoods.

 

Staff recommend that Council defer its decision on the application for Rental Housing Demolition under Chapter 667 of the Municipal Code pursuant to Section 111 of the City of Toronto Act, as the proposed development is not supported by Planning staff.  Council's decision under this statute is not appealable to the Ontario Municipal Board. Following the Ontario Municipal Board decision on the Zoning By-law Amendment appeal, the Section 111 permit application will return to Council for consideration.

Background Information

(August 17, 2017) Report and Attachments 1-8 from the Director, Community Planning, Toronto and East York District - 85, 87, 89, 91 Broadway Avenue and 198 Redpath Avenue - Zoning Amendment and Rental Housing Demolition Applications - Request for Direction Report
https://www.toronto.ca/legdocs/mmis/2017/te/bgrd/backgroundfile-106305.pdf

Communications

(September 6, 2017) E-mail from Joanne Leznoff (TE.Supp.TE26.25.1)

Motions

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