Item - 2021.TE24.18
Tracking Status
- City Council adopted this item on May 5, 2021 without amendments and without debate.
- This item was considered by Toronto and East York Community Council on April 21, 2021 and was adopted with amendments. It will be considered by City Council on May 5, 2021.
TE24.18 - 63-91 Montclair Avenue - Zoning By-law Amendment and Rental Housing Demolition Applications - Request for Direction Report
- Decision Type:
- ACTION
- Status:
- Adopted on Consent
- Ward:
- 12 - Toronto - St. Paul's
City Council Decision
City Council on May 5 and 6, 2021, adopted the following:
1. City Council direct the City Solicitor and appropriate City staff to attend the Local Planning Appeal Tribunal in opposition to the current Application regarding the Zoning By-law Amendment appeal for the lands at 63-91 Montclair Avenue and to continue discussions with the Applicant in an attempt to resolve outstanding issues.
2. City Council direct the Chief Planner and Executive Director, City Planning to defer making a decision on the Rental Housing Demolition Application for the lands at 63-91 Montclair Avenue until such time as a Local Planning Appeal Tribunal decision has been issued regarding the Zoning By-law Amendment application.
3. In the event that the Local Planning Appeal Tribunal allows the appeals in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Orders be withheld until such time as the City Solicitor advises that:
a. the final form of the Zoning By-law Amendments are satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;
b. the owner has submitted an updated Transportation Study and a Transportation Demand Management Plan to the satisfaction of the General Manager, Transportation Services;
c. the owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the Zoning By-law Amendment Application, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
d. the owner has submitted a revised Functional Servicing and Stormwater Management Report and associated financial securities, if required, for improvements to the existing municipal infrastructure satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Toronto Water;
e. community benefits and other matters in support of the development are secured in a Section 37 Agreement executed by the owner and registered on title to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; and
f. the Chief Planner and Executive Director, City Planning has approved the Rental Housing Demolition Application for the demolition.
4. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.
5. City Council request the Chief Planner and Executive Director, City Planning to seek a detailed analysis of emergency vehicle manoeuvrability and access in respect of the Zoning By-law Application for 63-91 Montclair Avenue submitted in June 2020, from any applicable City Staff (including Toronto Fire Services and Toronto Paramedic Services) or any required external consultants, and ensure that the analysis results are publicly-accessible and provide a detailed rationale for findings and comments.
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2021/te/bgrd/backgroundfile-165475.pdf
Communications (Community Council)
(April 14, 2021) E-mail from Judith Schwartz (TE.Supp)
(April 13, 2021) E-mail from Karen Steele (TE.Supp)
(April 15, 2021) E-mail from Anthony Hendri (TE.Supp)
(April 15, 2021) E-mail from Linda Tuck Chapman & Tom Ashbourne (TE.Supp)
(April 15, 2021) E-mail from Lorne and Anne Katz (TE.Supp)
(April 15, 2021) E-mail from Larry Silverberg (TE.Supp)
(April 16, 2021) Letter from David Kauffman (TE.Supp)
(April 16, 2021) E-mail from Dawn Haberman (TE.Supp)
(April 19, 2021) E-mail from Myra Schiff (TE.Supp)
(April 19, 2021) E-mail from Vivienne Monty (TE.Supp)
(April 19, 2021) Letter from Gordon Harris (TE.Supp)
(April 19, 2021) E-mail from Bruce Gitelman (TE.Supp)
(April 19, 2021) E-mail from Bev Borins (TE.Supp)
(April 19, 2021) E-mail from Mark Freeman (TE.Supp)
(April 19, 2021) Letter from Johanna R. Shapira, Wood Bull LLP on behalf of South Forest Hill Residents Association (TE.Supp)
https://www.toronto.ca/legdocs/mmis/2021/te/comm/communicationfile-130670.pdf
(April 19, 2021) E-mail from Jerome Kazdan (TE.Supp)
(April 19, 2021) E-mail from Kuok Kei Hong (TE.Supp)
(April 20, 2021) E-mail from Mike Miller (TE.Supp)
(April 21, 2021) E-mail from Rhonda & Gary Freeman (TE.Supp)
(April 20, 2021) Letter from Lesley Lavack (TE.Supp)
(April 17, 2021) E-mail from Risa Awerbuck (TE.Supp)
Communications (City Council)
TE24.18 - 63-91 Montclair Avenue - Zoning By-law Amendment and Rental Housing Demolition Applications - Request for Direction Report
- Decision Type:
- ACTION
- Status:
- Amended
- Ward:
- 12 - Toronto - St. Paul's
Community Council Recommendations
The Toronto and East York Community Council recommends that:
1. City Council direct the City Solicitor and appropriate City staff to attend the Local Planning Appeal Tribunal in opposition to the current Application regarding the Zoning By-law Amendment appeal for the lands at 63-91 Montclair Avenue and to continue discussions with the Applicant in an attempt to resolve outstanding issues.
2. City Council direct the Chief Planner and Executive Director, City Planning to defer making a decision on the Rental Housing Demolition Application, for the lands at 63-91 Montclair Avenue, until such time as a Local Planning Appeal Tribunal decision has been issued regarding the Zoning By-law Amendment application.
3. In the event that the Local Planning Appeal Tribunal allows the appeals in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Orders be withheld until such time as the City Solicitor advises that:
a. the final form of the Zoning By-law Amendments are satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor;
b. the owner has submitted an updated Transportation Study and a Transportation Demand Management Plan to the satisfaction of the General Manager, Transportation Services;
c. the owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the Zoning By-law Amendment Application, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
d. the owner has submitted a revised Functional Servicing and Stormwater Management Report and associated financial securities, if required, for improvements to the existing municipal infrastructure satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Toronto Water;
e. community benefits and other matters in support of the development are secured in a Section 37 Agreement executed by the owner and registered on title to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; and,
f. the Chief Planner and Executive Director, City Planning has approved the Rental Housing Demolition Application for the demolition.
4. City Council authorize the City Solicitor and City staff to take any necessary steps to implement the recommendations above.
5. City Council request the Chief Planner and Executive Director, City Planning seek a detailed analysis of emergency vehicle manoeuvrability and access in respect of the Zoning By-law Application for 63-91 Montclair Avenue submitted in June 2020, from any applicable City Staff (including Toronto Fire Services and Toronto Paramedic Services) or any required external consultants, and ensure that the analysis results are publicly-accessible and provide a detailed rationale for findings and comments.
Origin
Summary
On June 26, 2020, a Zoning By-law Amendment and Rental Housing Demolition Application were submitted to demolish the existing buildings, with two residential rental units, and to allow two new residential buildings at 21 and 23-storeys with a shared 5 and 8-storey base building.
On December 23, 2020, the Applicant appealed the Zoning Amendment Application to the Local Planning Appeal Tribunal ("LPAT"), due to Council not making a decision within the 90-day time frame in the Planning Act. A case management conference ("CMC") is scheduled for June 18, 2021.
This report recommends that the City Solicitor with the appropriate City staff attend the LPAT hearing to oppose the Application in its current form and to continue discussions with the Applicant to resolve outstanding issues.
Background Information
https://www.toronto.ca/legdocs/mmis/2021/te/bgrd/backgroundfile-165475.pdf
Communications
(April 14, 2021) E-mail from Judith Schwartz (TE.Supp)
(April 13, 2021) E-mail from Karen Steele (TE.Supp)
(April 15, 2021) E-mail from Anthony Hendri (TE.Supp)
(April 15, 2021) E-mail from Linda Tuck Chapman & Tom Ashbourne (TE.Supp)
(April 15, 2021) E-mail from Lorne and Anne Katz (TE.Supp)
(April 15, 2021) E-mail from Larry Silverberg (TE.Supp)
(April 16, 2021) Letter from David Kauffman (TE.Supp)
(April 16, 2021) E-mail from Dawn Haberman (TE.Supp)
(April 19, 2021) E-mail from Myra Schiff (TE.Supp)
(April 19, 2021) E-mail from Vivienne Monty (TE.Supp)
(April 19, 2021) Letter from Gordon Harris (TE.Supp)
(April 19, 2021) E-mail from Bruce Gitelman (TE.Supp)
(April 19, 2021) E-mail from Bev Borins (TE.Supp)
(April 19, 2021) E-mail from Mark Freeman (TE.Supp)
(April 19, 2021) Letter from Johanna R. Shapira, Wood Bull LLP on behalf of South Forest Hill Residents Association (TE.Supp)
https://www.toronto.ca/legdocs/mmis/2021/te/comm/communicationfile-130670.pdf
(April 19, 2021) E-mail from Jerome Kazdan (TE.Supp)
(April 19, 2021) E-mail from Kuok Kei Hong (TE.Supp)
(April 20, 2021) E-mail from Mike Miller (TE.Supp)
(April 21, 2021) E-mail from Rhonda & Gary Freeman (TE.Supp)
(April 20, 2021) Letter from Lesley Lavack (TE.Supp)
(April 17, 2021) E-mail from Risa Awerbuck (TE.Supp)
Speakers
Linda Tuck Chapman
David Kauffman
Gordon Harris, Harris Consulting
Judy Newman
Marcia Gilbert, South Forest Hill Residents Association
Shalom Schachter
Motions
That:
1. City Council request that the Chief Planner and Executive Director, City Planning seek a detailed analysis of emergency vehicle manoeuvrability and access in respect of the Zoning By-law Application for 63-91 Montclair Avenue submitted in June 2020, from any applicable City Staff (including Toronto Fire Services and Toronto Paramedic Services) or any required external consultants, and ensure that the analysis results are publicly-accessible and provide a detailed rationale for findings and comments.