Item - 2018.NY27.4

Tracking Status

  • City Council adopted this item on January 31, 2018 without amendments.
  • This item was considered by North York Community Council on January 16, 2018 and was adopted with amendments. It will be considered by City Council on January 31, 2018.

NY27.4 - Request for Directions - Zoning By-law Amendment Application - 286 Finch Avenue West

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

City Council Decision

City Council on January 31 and February 1, 2018, adopted the following:

 

1. City Council authorize the City Solicitor, together with any appropriate City staff, to attend an Ontario Municipal Board hearing to oppose the appeal of the proposed Zoning By-law Amendment for 289 Finch Avenue East in its current form, and to retain outside consultants as may be required.

 

2. City Council authorize the City Solicitor, together with City Planning and Urban Design staff and any other appropriate staff and in consultation with the Ward Councillor, to continue negotiations with the applicant to achieve a settlement of the appeal based upon the submission of detailed plans and drawings showing revisions to the design of the proposed townhouses to be more in keeping with the low-rise residential character of the neighbourhood to the north of the subject property.

 

3. In the event that a resolution of the appeal is reached, City Council authorize the City Solicitor, together with City Planning and any appropriate City staff, to attend an Ontario Municipal Board hearing in support of a settlement to the appeal of the proposed Zoning By-law Amendment for 286 Finch Avenue West, as outlined in the report (October 27, 2017) from the Director, Community Planning, North York District, and the draft Zoning By-law Amendments attached as Attachments 1 and 2 to the report (December 15, 2017) from the Director, Community Planning, North York District, with the appropriate amendments to give effect to the revised design of the proposed townhouses as negotiated pursuant to Part 2 above, and provided the conditions as outlined in the report (December 15, 2017) from the Director, Community Planning, North York District, are agreed upon by the applicant.

 

4. In the event 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 its Order approving the Zoning By-law Amendment until the Owner enters into a Site Plan Agreement securing the revised design of the proposed townhouses as negotiated to in Part 2 above.

 

5. In the event 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 its Order approving the Zoning By-law Amendment until the Owner enters into an Agreement pursuant to Section 37 of the Planning Act as follows:

 

a. the following matters will be secured in the Section 37 Agreement as a legal convenience:

 

i. the Owner shall provide and maintain the 47 existing residential rental units at 286 Finch Avenue West as rental housing for a period of at least 20 years, from the date of the Zoning By-law coming into full force and effect and with no applications for demolition or conversion from residential rental use made during such 20 year period, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

 

ii. the Owner shall secure the following facilities, amenities and building improvements for the existing residential rental units, with no pass-through of costs to the existing tenants, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor:

 

a. the Owner shall add outdoor amenity space in the form of a courtyard that is adjacent to the entrance of the existing building fronting Finch Avenue West, and this space shall be furnished to the satisfaction of the Chief Planner and Executive Director, City Planning;

 

b. the Owner shall add an enclosed garbage collection area to the rear of the existing building;

 

c. the Owner shall add a new Type G loading area to the rear of the existing building;

 

d. the Owner shall add bicycle spaces/racks for tenants of the existing building in the proposed new underground parking lot and the tenants of the existing building shall have access to those additional bicycle spaces/racks on the same basis as residents of the new building(s);

 

e. the Owner shall add landscaping in the form of green space, planters or other appropriate landscaping to the entrances of the existing ground floor units at the rear of the existing building to distinguish between the entrance to these units and the adjacent parking spaces to the satisfaction of the Chief Planner and Executive Director, City Planning;

 

f. the Owner shall undertake improvements to the common doorways throughout the existing building; and

 

g. the Owner shall install and maintain security cameras in all indoor and outdoor common areas;

 

iii. the Owner shall provide a Construction Mitigation Strategy to the satisfaction of the Chief Planner and Executive Director, City Planning;

 

iv. the Owner shall provide a Tenant Communication Plan to the satisfaction of the Chief Planner and Executive Director, City Planning;

 

v. the Owner shall, prior to the final site plan approval, submit a financial guarantee in the form of an irrevocable letter of credit, made payable to the Treasurer, City of Toronto, to guarantee the provision of watermain upgrades with servicing off of Brenthall Avenue to accommodate the development of the townhouses in the amount of $325,000.00; in addition, the Owner shall submit an engineering and inspection fee in the amount of $18,000.00 by certified cheque and insurance as required, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

 

vi. the Owner shall, prior to the condominium registration enter into an agreement to provide for the shared access of and maintenance and easements with respect to the shared driveway, underground parking/bike parking, walkway, loading areas, servicing areas or any other commonly accessed areas as illustrated on any approved drawing between this condominium and the existing 4-storey rental apartment building to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; and

 

vii. the Owner shall submit to the Chief Engineer and Executive Director, Engineering and Construction Services for review and acceptance, prior to depositing in the appropriate Land Registry Office, a draft Reference Plan of Survey, in metric units and integrated with the Ontario Co-ordinate System, showing the co-ordinate values at the main corners of the development lands, and delineating thereon, by separate PARTS, the lands to be severed and any appurtenant rights-of-way.

 

6. 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)

(December 15, 2017) Report and Attachments 1-2 from the Director, Community Planning, North York District on Zoning By-law Amendment Application for 286 Finch Avenue West
https://www.toronto.ca/legdocs/mmis/2018/ny/bgrd/backgroundfile-110154.pdf

Communications (Community Council)

(October 30, 2017) E-mail from Diane Stocker (NY.Main.NY27.4.1)
(November 9, 2017) E-mail from Natalie Riegler (NY.Main.NY27.4.2)
(May 26, 2016) E-mail from Tanya Pyshnov (NY.New.NY27.4.3)

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Feb-01-2018 2:06 PM

Result: Carried Majority Required - NY27.4 - Adopt the item
Total members that voted Yes: 31 Members that voted Yes are Paul Ainslie, Maria Augimeri, John Campbell, Shelley Carroll, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Michelle Holland, Stephen Holyday, Jim Karygiannis, Mike Layton, Chin Lee, Josh Matlow, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Neethan Shan, Lucy Troisi, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 14 Members that were absent are Ana Bail„o, Jon Burnside, Christin Carmichael Greb, Josh Colle, Frank Di Giorgio, Norman Kelly, Giorgio Mammoliti, Mary-Margaret McMahon, Cesar Palacio, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, John Tory

4a - Final Report - Zoning Amendment - 286 Finch Avenue West

Public Notice Given

Statutory - Planning Act, RSO 1990

Background Information (Community Council)

(October 27, 2017) Report and Attachments 1-8 from the Director, Community Planning, North York District on a Zoning Amendment for 286 Finch Avenue West
https://www.toronto.ca/legdocs/mmis/2018/ny/bgrd/backgroundfile-110009.pdf

NY27.4 - Request for Directions - Zoning By-law Amendment Application - 286 Finch Avenue West

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

Community Council Recommendations

North York Community Council recommends that:

 

1. City Council authorize the City Solicitor, together with any appropriate City staff, to attend an Ontario Municipal Board hearing to oppose the appeal of the proposed Zoning By-law Amendment for 289 Finch Avenue East in its current form, and to retain outside consultants as may be required.

 

2. City Council authorize the City Solicitor, together with City Planning and Urban Design staff and any other appropriate staff and in consultation with the Ward Councillor, to continue negotiations with the applicant to achieve a settlement of the appeal based upon the submission of detailed plans and drawings showing revisions to the design of the proposed townhouses to be more in keeping with the low-rise residential character of the neighbourhood to the north of the subject property.

 

3. In the event that a resolution of the appeal is reached, City Council authorize the City Solicitor, together with City Planning and any appropriate City staff, to attend an Ontario Municipal Board hearing in support of a settlement to the appeal of the proposed Zoning By-law Amendment for 286 Finch Avenue West, as outlined in the Final Report (October 27, 2017) from the Director, Community Planning, North York District, and the draft Zoning By-law Amendments attached as Attachments No. 1 and No. 2 to the report (December 15, 2017) from the Director, Community Planning, North York District, with the appropriate amendments to give effect to the revised design of the proposed townhouses as negotiated pursuant to Recommendation 2 above, and provided the conditions as outlined in the report (December 15, 2017) from the Director, Community Planning, North York District, are agreed upon by the applicant.

 

4. In the event the Ontario Municipal Board allows the appeal in whole or in part, City Council direct the City Solicitor to request that the Ontario Municipal Board withhold its Order approving the Zoning By-law Amendment until the Owner enters into a Site Plan Agreement securing the revised design of the proposed townhouses as negotiated to in Recommendation 2 above.

 

5. In the event the Ontario Municipal Board allows the appeal in whole or in part, City Council direct the City Solicitor to request that the Ontario Municipal Board withhold its Order approving the Zoning By-law Amendment until the Owner enters into an Agreement pursuant to Section 37 of the Planning Act as follows:

 

a. the following matters will be secured in the Section 37 Agreement as a legal convenience:

 

i. the Owner shall provide and maintain the 47 existing residential rental units at 286 Finch Avenue West as rental housing for a period of at least 20 years, from the date of the Zoning By-law coming into full force and effect and with no applications for demolition or conversion from residential rental use made during such 20 year period, to the satisfaction of the Acting Chief Planner and Executive Director, City Planning Division and the City Solicitor;

 

ii. the Owner shall secure the following facilities, amenities and building improvements for the existing residential rental units, with no pass-through of costs to the existing tenants, to the satisfaction of the Acting Chief Planner and Executive Director, City Planning Division and the City Solicitor:

 

a. the Owner shall add outdoor amenity space in the form of a courtyard that is adjacent to the entrance of the existing building fronting Finch Avenue West, and this space shall be furnished to the satisfaction of the Acting Chief Planner and Executive Director, City Planning;

 

b. the Owner shall add an enclosed garbage collection area to the rear of the existing building;

 

c. the Owner shall add a new Type G loading area to the rear of the existing building;

 

d. the Owner shall add bicycle spaces/racks for tenants of the existing building in the proposed new underground parking lot and the tenants of the existing building shall have access to those additional bicycle spaces/racks on the same basis as residents of the new building(s);

 

e. the Owner shall add landscaping in the form of green space, planters or other appropriate landscaping to the entrances of the existing ground floor units at the rear of the existing building to distinguish between the entrance to these units and the adjacent parking spaces to the satisfaction of the Acting Chief Planner and Executive Director, City Planning;

 

f. the Owner shall undertake improvements to the common doorways throughout the existing building; and

 

g. the Owner shall install and maintain security cameras in all indoor and outdoor common areas.

 

iii. the Owner shall provide a Construction Mitigation Strategy to the satisfaction of the Acting Chief Planner and Executive Director, City Planning Division;

 

iv. the Owner shall provide a Tenant Communication Plan to the satisfaction of the Acting Chief Planner and Executive Director, City Planning Division;

 

v. the Owner shall, prior to the final site plan approval, submit a financial guarantee in the form of an irrevocable letter of credit, made payable to the Treasurer, City of Toronto, to guarantee the provision of watermain upgrades with servicing off of Brenthall Avenue to accommodate the development of the townhouses in the amount of $325,000.00. In addition, the Owner shall submit an engineering and inspection fee in the amount of $18,000.00 by certified cheque and insurance as required, to the satisfaction of the Executive Director of Engineering and Construction Services;

 

vi. the Owner shall, prior to the condominium registration enter into an agreement to provide for the shared access of and maintenance and easements with respect to the shared driveway, underground parking/bike parking, walkway, loading areas, servicing areas or any other commonly accessed areas as illustrated on any approved drawing between this condominium and the existing 4-storey rental apartment building to the satisfaction of the Acting Chief Planner and Executive Director, City Planning Division and the City Solicitor; and

 

vii. the Owner shall submit to the Executive Director, Engineering & Construction Services, for review and acceptance, prior to depositing in the appropriate Land Registry Office, a draft Reference Plan of Survey, in metric units and integrated with the Ontario Co-ordinate System, showing the co-ordinate values at the main corners of the development lands, and delineating thereon, by separate PARTS, the lands to be severed and any appurtenant rights-of-way.

 

6. City Council authorize the City Solicitor and any other City Staff to take such actions as necessary to give effect to these recommendations.

Origin

(December 15, 2017) Report from the Director, Community Planning, North York District

Summary

On November 14th, 2017, North York Community Council deferred the Final Report (NY26.1) dated October 27, 2017 from the Director of Community Planning , North York District on the Zoning By-law Amendment application for the subject lands. Planning staff recommended approval of the application.

 

This report provides additional information and revised recommendations to those in the previously submitted Final Report from the Director, Community Planning, North York District, dated October 27, 2017. The owner appealed the Zoning By-law Amendment application on November 17, 2017 to the Ontario Municipal Board (OMB) citing City Council's lack of decision on the applications within the time frames specified in the Planning Act.

 

This report recommends the City Solicitor, together with appropriate City staff, attend the OMB hearings in support of a settlement to the appeal of the above application as outlined in the recommendations below.

Background Information

(December 15, 2017) Report and Attachments 1-2 from the Director, Community Planning, North York District on Zoning By-law Amendment Application for 286 Finch Avenue West
https://www.toronto.ca/legdocs/mmis/2018/ny/bgrd/backgroundfile-110154.pdf

Communications

(October 30, 2017) E-mail from Diane Stocker (NY.Main.NY27.4.1)
(November 9, 2017) E-mail from Natalie Riegler (NY.Main.NY27.4.2)
(May 26, 2016) E-mail from Tanya Pyshnov (NY.New.NY27.4.3)

Speakers

(January 16, 2018) Danielle Goldstein , Lengold Developments Limited

Motions

Motion to Amend Item moved by Councillor John Filion (Carried)

That North York Community Council recommend that:

 

1. City Council authorize the City Solicitor, together with any appropriate City staff, to attend an Ontario Municipal Board hearing to oppose the appeal of the proposed Zoning By-law Amendment for 289 Finch Avenue East in its current form, and to retain outside consultants as may be required.

 

2. City Council authorize the City Solicitor, together with City Planning and Urban Design staff and any other appropriate staff and in consultation with the Ward Councillor, to continue negotiations with the applicant to achieve a settlement of the appeal based upon the submission of detailed plans and drawings showing revisions to the design of the proposed townhouses to be more in keeping with the low-rise residential character of the neighbourhood to the north of the subject property.

 

3. In the event that a resolution of the appeal is reached, City Council authorize the City Solicitor, together with City Planning and any appropriate City staff, to attend an Ontario Municipal Board hearing in support of a settlement to the appeal of the proposed Zoning By-law Amendment for 286 Finch Avenue West, as outlined in the Final Report (October 27, 2017) from the Director, Community Planning, North York District, and the draft Zoning By-law Amendments attached as Attachments No. 1 and No. 2 to the report dated December 15, 2017, with the appropriate amendments to give effect to the revised design of the proposed townhouses as negotiated pursuant to Recommendation 2 above, and provided the conditions as outlined in the report (December 15, 2017) from the Director, Community Planning, North York District, are agreed upon by the applicant.

 

4. In the event the Ontario Municipal Board allows the appeal in whole or in part, City Council direct the City Solicitor to request that the Ontario Municipal Board withhold its Order approving the Zoning By-law Amendment until the Owner enters into a Site Plan Agreement securing the revised design of the proposed townhouses as negotiated to in Recommendation 2 above.

 

5. In the event the Ontario Municipal Board allows the appeal in whole or in part, City Council direct the City Solicitor to request that the Ontario Municipal Board withhold its Order approving the Zoning By-law Amendment until the Owner enters into an Agreement pursuant to Section 37 of the Planning Act as follows:

 

a. the following matters will be secured in the Section 37 Agreement as a legal convenience:

 

i. the Owner shall provide and maintain the 47 existing residential rental units at 286 Finch Avenue West as rental housing for a period of at least 20 years, from the date of the Zoning By-Law coming into full force and effect and with no applications for demolition or conversion from residential rental use made during such 20 year period, to the satisfaction of the Acting Chief Planner and Executive Director, City Planning Division and the City Solicitor;

 

ii. the Owner shall secure the following facilities, amenities and building improvements for the existing residential rental units, with no pass-through of costs to the existing tenants, to the satisfaction of the Acting Chief Planner and Executive Director, City Planning Division and the City Solicitor:

 

a. the Owner shall add outdoor amenity space in the form of a courtyard that is adjacent to the entrance of the existing building fronting Finch Avenue West, and this space shall be furnished to the satisfaction of the Acting Chief Planner and Executive Director, City Planning;

 

b. the Owner shall add an enclosed garbage collection area to the rear of the existing building;

 

c. the Owner shall add a new Type G loading area to the rear of the existing building;

 

d. the Owner shall add bicycle spaces/racks for tenants of the existing building in the proposed new underground parking lot and the tenants of the existing building shall have access to those additional bicycle spaces/racks on the same basis as residents of the new building(s);

 

e. the Owner shall add landscaping in the form of green space, planters or other appropriate landscaping to the entrances of the existing ground floor units at the rear of the existing building to distinguish between the entrance to these units and the adjacent parking spaces to the satisfaction of the Acting Chief Planner and Executive Director, City Planning;

 

f. the Owner shall undertake improvements to the common doorways throughout the existing building; and

 

g. the Owner shall install and maintain security cameras in all indoor and outdoor common areas.

 

iii. the Owner shall provide a Construction Mitigation Strategy to the satisfaction of the Acting Chief Planner and Executive Director, City Planning Division;

 

iv. the Owner shall provide a Tenant Communication Plan to the satisfaction of the Acting Chief Planner and Executive Director, City Planning Division;

 

v. the Owner shall, prior to the final site plan approval, submit a financial guarantee in the form of an irrevocable letter of credit, made payable to the Treasurer, City of Toronto, to guarantee the provision of watermain upgrades with servicing off of Brenthall Avenue to accommodate the development of the townhouses in the amount of $325,000.00. In addition, the Owner shall submit an engineering and inspection fee in the amount of $18,000.00 by certified cheque and insurance as required, to the satisfaction of the Executive Director of Engineering and Construction Services;

 

vi. the Owner shall, prior to the condominium registration enter into an agreement to provide for the shared access of and maintenance and easements with respect to the shared driveway, underground parking/bike parking, walkway, loading areas, servicing areas or any other commonly accessed areas as illustrated on any approved drawing between this condominium and the existing 4-storey rental apartment building to the satisfaction of the Acting Chief Planner and Executive Director, City Planning Division and the City Solicitor; and

 

vii. the Owner shall submit to the Executive Director, Engineering & Construction Services, for review and acceptance, prior to depositing in the appropriate Land Registry Office, a draft Reference Plan of Survey, in metric units and integrated with the Ontario Co-ordinate System, showing the co-ordinate values at the main corners of the development lands, and delineating thereon, by separate PARTS, the lands to be severed and any appurtenant rights-of-way.

 

6. City Council authorize the City Solicitor and any other City Staff to take such actions as necessary to give effect to these recommendations.

4a - Final Report - Zoning Amendment - 286 Finch Avenue West

Public Notice Given

Statutory - Planning Act, RSO 1990

Decision Advice and Other Information

North York Community Council held a statutory public meeting on November 14, 2017 and notice was given in accordance with the Planning Act.

Origin

(October 27, 2017) Report from the Director, Community Planning, North York District

Summary

An application for Zoning By-law Amendments has been submitted for the lands located at 286 Finch Avenue West. This application proposes a residential infill development consisting of 25 three-storey stacked townhouse units fronting onto Brenthall Avenue. The proposed development would be three storeys plus a rooftop landing and have a gross floor area of 2,101 square metres. The existing four-storey, 47-unit rental apartment building fronting onto Finch Avenue West will be retained. As part of the proposal, a number of improvements and renovations are proposed to the existing rental apartment building.

 

The proposed 25 units to the north side of the site are to be condominium. Matters relating to site access and continued maintenance of the site as a whole are secured as a legal convenience in a Section 37 Agreement.

 

The proposed stacked townhouse development conforms to the development criteria for Mixed Use Areas, Healthy Neighbourhoods, Built Form, and Housing Policies of the Official Plan.

 

This report reviews and recommends approval of the application to amend the Zoning By-laws.

Background Information

(October 27, 2017) Report and Attachments 1-8 from the Director, Community Planning, North York District on a Zoning Amendment for 286 Finch Avenue West
https://www.toronto.ca/legdocs/mmis/2018/ny/bgrd/backgroundfile-110009.pdf
Source: Toronto City Clerk at www.toronto.ca/council