Item - 2017.TE26.30

Tracking Status

TE26.30 - 307 Sherbourne Street - Official Plan Amendment, Zoning Amendment Applications - Request for Direction Report

Decision Type:
ACTION
Status:
Amended
Ward:
28 - Toronto Centre-Rosedale

City Council Decision

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

 

1. City Council refuse the application for the Official Plan Amendment for the reasons set out in the report (August 9, 2017) of the Director, Community Planning, Toronto and East York District, and clarifying that the proposed development and implementing by-laws add new park shadowing beyond the as of right with the shadow studies showing new shadowing on Allan Gardens at 9:18 a.m. and at 10:18 a.m. and no shadows at 11:18 a.m.

 

1. City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff to attend the Ontario Municipal Board hearing to oppose the appeal of the Zoning By-law Amendment application and any appeal of the City Council's refusal of the Official Plan Amendment application (should such an appeal be filed by the applicant) for 307 Sherbourne Street and to retain such outside experts as the City Solicitor may determine are required to support the position outlined in the report (August 9, 2017) from the Director, Community Planning, Toronto and East York District.

 

2. City Council authorize City staff to continue discussions with the applicant in order to come to an agreement on an appropriate built form that, among other things, ensures the tower does not shadow Allan Gardens, during the key hours of 10:00 - 6:00 p.m. March/September 21, to the satisfaction of the Chief Planner and Executive Director, City Planning.

 

3. City Council direct the City Solicitor to request the Ontario Municipal Board, in the event the Ontario Municipal Board allows the appeal and permits additional height or density, or some variation, to:

 

a. secure the following in any amending by-laws and in a Section 37 Agreement to support the development:

 

i. the owner submit a revised Functional Servicing and Stormwater Management Report all satisfactory to the City's Chief Engineer and Executive Director of Engineering and Construction Services, and that the Owner be required to pay for and construct any improvements to the municipal infrastructure in connection with such reports as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services should the Chief Engineer and Executive Director, Engineering and Construction Services determine that improvements to such infrastructure are required to support the development all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

 

b. withhold its Order allowing the appeal(s) in whole or in part allowing the Zoning By-law Amendment until:

 

i. the Ontario Municipal Board has been provided with the final form of the proposed Official Plan Amendment and the proposed Zoning By-law Amendments by the City Solicitor together with confirmation the proposed Official Plan Amendment and the proposed Zoning By-law Amendments are in a form satisfactory to the parties;

 

ii. the Ontario Municipal Board has been advised by the City Solicitor that a revised Functional Servicing and Stormwater Management Report have been completed and submitted to the City and accepted, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

 

iii. the Ontario Municipal Board has been advised by the City Solicitor that the Owner has entered into a financially secured agreement with the City securing that the Owner will pay for, construct, provide and make operational any improvements to the municipal infrastructure in connection with a Functional Servicing and Stormwater Management Report as accepted by the City's Chief Engineer and Executive Director, Engineering and Construction Services, should the Chief Engineer determine that improvements to such infrastructure are required to support the development; and

 

iv. the Ontario Municipal Board has been advised by the City Solicitor that the Owner has entered into and satisfactorily registered a Section 37 Agreement with the City for the purpose of securing the matters in Part 3.b.iii. above.

 

4.  City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to City Council's decision.

Background Information (Community Council)

(August 9, 2017) Report and Attachments 1-5 from the Director, Community Planning, Toronto and East York District - 307 Sherbourne Street - Official Plan Amendment, Zoning Amendment Applications - Request for Direction Report
https://www.toronto.ca/legdocs/mmis/2017/te/bgrd/backgroundfile-106340.pdf

Communications (Community Council)

(September 1, 2017) Letter from Mary Bull, Wood Bull LLP (TE.Supp)
https://www.toronto.ca/legdocs/mmis/2017/te/comm/communicationfile-71654.pdf
(September 6, 2017) Letter from Jamie MacLean, Chair, Cabbagetown Heritage Conservation District Committee (TE.Supp.TE26.30.2)
https://www.toronto.ca/legdocs/mmis/2017/te/comm/communicationfile-71723.pdf

Motions (City Council)

1 - Motion to Amend Item moved by Councillor Kristyn Wong-Tam (Carried)

That:

 

1. City Council refuse the application for the Official Plan Amendment for the reasons set out in the report (August 9, 2017) of the Director, Community Planning, Toronto and East York District, and clarifying that the proposed development and implementing by-laws add new park shadowing beyond the as of right with the shadow studies showing new shadowing on Allan Gardens at 9:18 a.m. and at 10:18 a.m. and no shadows at 11:18 a.m.

 

2. City Council delete Toronto and East York Community Council recommendation 1 and insert the following new recommendation: 

 

1. City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff to attend the Ontario Municipal Board hearing to oppose the appeal of the Zoning By-law Amendment application and any appeal of the City Council's refusal of the Official Plan Amendment application (should such an appeal be filed by the applicant) for 307 Sherbourne Street and to retain such outside experts as the City Solicitor may determine are required to support the position outlined in this report.

 

3. City Council amend Toronto and East York Recommendation 3.b. and 3.b.i. by adding the words "Official Plan Amendment and the proposed" so that Toronto and East York Recommendation 3.b. and 3.b.i. now reads as follows:

 

b. Withhold its Order allowing the appeal(s) in whole or in part allowing the Zoning By-law Amendment until:

 

i. The Ontario Municipal Board has been provided with the final form of the proposed Official Plan Amendment and the proposed Zoning By-law Amendments by the City Solicitor together with confirmation the proposed Official Plan Amendment and the proposed Zoning By-law Amendments are in a form and with content satisfactory to the parties.

Vote (Amend Item) Oct-04-2017 12:16 PM

Result: Carried Majority Required - TE26.30 - Wong-Tam - motion 1
Total members that voted Yes: 35 Members that voted Yes are Paul Ainslie, Maria Augimeri, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Justin J. Di Ciano, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Stephen Holyday, Jim Karygiannis, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Neethan Shan, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 9 Members that were absent are Ana Bail„o, Glenn De Baeremaeker, Frank Di Giorgio, Michelle Holland, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, Jaye Robinson

Motion to Adopt Item as Amended (Carried)

TE26.30 - 307 Sherbourne Street - Official Plan Amendment, Zoning Amendment Applications - Request for Direction Report

Decision Type:
ACTION
Status:
Adopted
Ward:
28 - Toronto Centre-Rosedale

Community Council Recommendations

The Toronto and East York Community Council recommends that:

 

1. City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff to attend the Ontario Municipal Board hearing to oppose the appeal of the Zoning By-law Amendment application for 307 Sherbourne Street and to retain such outside experts as the City Solicitor may determine are required to support the position outlined in the report (August 9, 2017) from the Director, Community Planning, Toronto and East District.

 

2. City Council authorize City staff to continue discussions with the applicant in order to come to an agreement on an appropriate built form that, among other things, ensures the tower does not shadow Allan Gardens, during the key hours of 10:00 - 6:00 p.m. March/September 21, to the satisfaction of the Chief Planner and Executive Director, City Planning.

 

3. City Council direct the City Solicitor to request the Ontario Municipal Board, in the event the Ontario Municipal Board allows the appeal and permits additional height or density, or some variation, to:

 

a. Secure the following in any amending by-laws and in a Section 37 Agreement to support the development:

 

i. The Owner submit a revised Functional Servicing and Stormwater Management Report all satisfactory to the City's Chief Engineer and Executive Director of Engineering and Construction Services, and that the Owner be required to pay for and construct any improvements to the municipal infrastructure in connection with such reports as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services should the Chief Engineer and Executive Director, Engineering and Construction Services determine that improvements to such infrastructure are required to support the development all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

 

b. Withhold its Order allowing the appeal in whole or in part allowing the Zoning By-law Amendment until:

 

i. The Ontario Municipal Board has been provided with the final form of the proposed Zoning By-law Amendment by the City Solicitor together with confirmation the proposed Zoning By-law Amendments are in a form satisfactory to the parties;

 

ii. The Ontario Municipal Board has been advised by the City Solicitor that a revised Functional Servicing and Stormwater Management Report have been completed and submitted to the City and accepted, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

 

iii. The Ontario Municipal Board has been advised by the City Solicitor that the Owner has entered into a financially secured agreement with the City securing that the Owner will pay for, construct, provide and make operational any improvements to the municipal infrastructure in connection with a Functional Servicing and Stormwater Management Report as accepted by the City's Chief Engineer and Executive Director, Engineering and Construction Services, should the Chief Engineer determine that improvements to such infrastructure are required to support the development; and

 

iv. The Ontario Municipal Board has been advised by the City Solicitor that the Owner has entered into and satisfactorily registered a Section 37 Agreement with the City for the purpose of securing the matters in Recommendation 3.b.iii. above.

 

4.  City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to the recommendations above.

Origin

(August 9, 2017) Report from the Director, Community Planning, Toronto and East York District

Summary

This application proposes to redevelop the site at 307 Sherbourne Street with a 14-storey residential building containing 93 dwelling units, 41 vehicular parking spaces and 94 bicycle parking spaces.  The proposed building height is 46.8 metres including mechanical equipment.  The development will have a total of 7,192.2 m2 of gross floor area.

 

The owner of the site at 307 Sherbourne Street has appealed its Zoning By-law Amendment application to the Ontario Municipal Board (OMB) citing Council's failure to make a decision within the time required by the Planning Act.  A pre-hearing conference has been scheduled for September 13, 2017.  A full hearing has not yet been scheduled.

 

The proposal is not supportable in its current form.  The height of the proposed 14-storey tower is not appropriate as it shadows Allan Gardens and does not provide an appropriate height transition to the adjacent  Neighbourhoods to the south.  As such, the application is not consistent with the PPS, does not conform with the Official Plan or the emerging official plan policy set out in  Official Plan Amendment 82 and does not satisfactorily respond to the relevant urban design guidelines.

 

The purpose of this report is to seek City Council's direction for the City Solicitor and appropriate City Staff to attend the Ontario Municipal Board hearing in opposition to the applicant's development proposal and appeal.

Background Information

(August 9, 2017) Report and Attachments 1-5 from the Director, Community Planning, Toronto and East York District - 307 Sherbourne Street - Official Plan Amendment, Zoning Amendment Applications - Request for Direction Report
https://www.toronto.ca/legdocs/mmis/2017/te/bgrd/backgroundfile-106340.pdf

Communications

(September 1, 2017) Letter from Mary Bull, Wood Bull LLP (TE.Supp)
https://www.toronto.ca/legdocs/mmis/2017/te/comm/communicationfile-71654.pdf
(September 6, 2017) Letter from Jamie MacLean, Chair, Cabbagetown Heritage Conservation District Committee (TE.Supp.TE26.30.2)
https://www.toronto.ca/legdocs/mmis/2017/te/comm/communicationfile-71723.pdf

Speakers

Monica Kuhn, Cabbagetown HCD Advisory Committee
Gordon Henderson
Karen Marren

Motions

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