Item - 2023.NY6.3

Tracking Status

  • City Council adopted this item on October 11, 2023 with amendments.
  • City Council considered this item on July 19, 2023 and postponed its consideration to a later date. Consult the text of the decision for further information on the deferral.
  • This item was considered by North York Community Council on June 20, 2023. It is being forwarded to City Council without recommendations. It will be considered by City Council on July 19, 2023.

NY6.3 - 1 Herons Hill Way - Zoning Amendment Application - Decision Report - Approval

Decision Type:
ACTION
Status:
Amended
Ward:
17 - Don Valley North

City Council Decision

City Council on October 11 and 12, 2023, adopted the following:

 

1. City Council direct the City Solicitor to withhold the introduction of the necessary Bills until such time as:

 

a. the Minister of Municipal Affairs and Housing approves Official Plan Amendment 591 as it relates to the property known as 1 Herons Hill Way; and

 

b. the Chief Planner and Executive Director, City Planning confirms to the City Solicitor that the Bills do not require any changes, beyond stylistic and technical changes, as may be required as a result of the Minister's decision.

 

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 1 Herons Hill Way substantially in accordance with the draft Zoning By-law Amendment attached to Motion 1 by Councillor Shelley Carroll.

 

3. City Council require the Owner to enter into an Agreement as follows: 

 

a. a privately owned publicly-accessible spaces, having a minimum total area of approximately 520 square metres, as generally identified on Attachment 10 to the report (June 5, 2023) from the Director, Community Planning, North York District, with the specific design of the privately owned publicly-accessible spaces and any associated easements and improvements to be determined as part of the Site Plan Approval process for this site, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; the privately owned publicly-accessible spaces easement shall include provisions for rights of support if necessary, and insurance and indemnification of the City by the owner, to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor.

 

4. City Council require, prior to introducing the bills indicated in Recommendations 1 and 2 in the report (June 5, 2023) from the Director, Community Planning, North York District, to City Council for enactment, the Owner to enter into one or more agreements, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, including a restriction pursuant to Section 118 of the Land Titles Act registered on title to the lands at 1 Herons Hill Way, to secure the rental tenure of the residential component of the proposed development or the provision of affordable housing if the proposed development is of condominium residential tenure, as follows:

 

a. the Owner shall not apply for a Description under the Condominium Act for the proposed development and may not remove the restriction pursuant to Section 118 of the Land Titles Act until all residential units in the proposed development are occupied for residential rental use;

 

b. in the event an application for approval of a Description under the Condominium Act is submitted for 1 Herons Hill Way, a minimum of seven percent of the total residential gross floor area of the proposed development shall be provided and maintained as affordable ownership housing or a minimum of five percent of the total new residential gross floor area shall be provided and maintained as affordable rental housing for a period of at least 99 years from the date of first residential occupancy of each unit; the unit mix of any affordable housing component of the proposed development shall be consistent with the unit mix of the market housing component of the development; and

 

c. in the event that purpose-built rental tenure is secured for the development, the provision of affordable housing in accordance with Part b. above would not apply. 

Public Notice Given

Statutory - Planning Act, RSO 1990

Background Information (Community Council)

(June 5, 2023) Report and Attachments 1 to 11 from the Director, Community Planning, North York District on 1 Herons Hill Way - Zoning Amendment Application - Decision Report - Approval
https://www.toronto.ca/legdocs/mmis/2023/ny/bgrd/backgroundfile-237108.pdf
Notice of Public Meeting
https://www.toronto.ca/legdocs/mmis/2023/ny/bgrd/backgroundfile-237224.pdf

Background Information (City Council)

Attachment to Motion 1 by Councillor Shelley Carroll
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-239946.pdf

Communications (Community Council)

(June 13, 2023) E-mail from Eric Olesen, Senior Technical Consultant, Information Technology, KRGinsure (NY.Supp)
https://www.toronto.ca/legdocs/mmis/2023/ny/comm/communicationfile-170408.pdf
(June 14, 2023) E-mail from Thomas Chion (NY.Supp)
(June 12, 2023) Submission from Mary Heung, Legacy Condo, on behalf of Legacy Condo, Ultra Condo and Yorkland Condo (NY.Supp)
(June 19, 2023) Letter from Tony Volpentesta, Bousfields Incorporated (NY.Supp)
https://www.toronto.ca/legdocs/mmis/2023/ny/comm/communicationfile-170636.pdf

Communications (City Council)

(June 20, 2023) E-mail from Julie Yan (CC.Main)

Motions (City Council)

1 - Motion to Amend Item moved by Councillor Shelley Carroll (Carried)

That:

 

1. City Council direct the City Solicitor to withhold the introduction of the necessary Bills until such time as:

 

a. the Minister of Municipal Affairs and Housing approves Official Plan Amendment No. 591 as it relates to the property known as 1 Herons Hill Way; and

 

b. the Chief Planner and Executive Director, City Planning confirms to the City Solicitor that the Bills do not require any changes, beyond stylistic and technical changes, as may be required as a result of the Minister's decision.

 

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 1 Herons Hill Way substantially in accordance with the draft Zoning By-law Amendment attached to this motion as Attachment 1.

 

3. City Council require the Owner to enter into an Agreement as follows: 

 

a. a privately owned publicly-accessible spaces ("POPS"), having a minimum total area of approximately 520 square metres, as generally identified on Attachment 10 to this report, with the specific design of the POPS and any associated easements and improvements to be determined as part of the Site Plan Approval process for this site, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor. The POPS easement shall include provisions for rights of support if necessary, and insurance and indemnification of the City by the owner, to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor.

 

4. City Council require, prior to introducing the bills indicated in Recommendations 1 and 2 in the report dated June 5, 2023, from the Director, Community Planning, North York District, to City Council for enactment, the Owner enter into one or more agreements, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, including a restriction pursuant to Section 118 of the Land Titles Act registered on title to the lands at 1 Herons Hill Way, to secure the rental tenure of the residential component of the proposed development or the provision of affordable housing if the proposed development is of condominium residential tenure, as follows:

 

a. the Owner shall not apply for a Description under the Condominium Act for the proposed development and may not remove the restriction pursuant to Section 118 of the Land Titles Act until all residential units in the proposed development are occupied for residential rental use; and

 

b. in the event an application for approval of a Description under the Condominium Act is submitted for 1 Herons Hill Way, a minimum of seven percent of the total residential gross floor area of the proposed development shall be provided and maintained as affordable ownership housing or a minimum of five percent of the total new residential gross floor area shall be provided and maintained as affordable rental housing for a period of at least 99 years from the date of first residential occupancy of each unit. The unit mix of any affordable housing component of the proposed development shall be consistent with the unit mix of the market housing component of the development.

 

c. in the event that purpose-built rental tenure is secured for the development, the provision of affordable housing in accordance with Part b. above would not apply.

NY6.3 - 1 Herons Hill Way - Zoning Amendment Application - Decision Report - Approval

Decision Type:
ACTION
Status:
Deferred
Ward:
17 - Don Valley North

City Council Decision

City Council on July 19 and 20, 2023, deferred Item NY6.3 to the October 11, 12 and 13, 2023 meeting of City Council.

Public Notice Given

Statutory - Planning Act, RSO 1990

Background Information (Community Council)

(June 5, 2023) Report and Attachments 1 to 11 from the Director, Community Planning, North York District on 1 Herons Hill Way - Zoning Amendment Application - Decision Report - Approval
https://www.toronto.ca/legdocs/mmis/2023/ny/bgrd/backgroundfile-237108.pdf
Notice of Public Meeting
https://www.toronto.ca/legdocs/mmis/2023/ny/bgrd/backgroundfile-237224.pdf

Communications (Community Council)

(June 13, 2023) E-mail from Eric Olesen, Senior Technical Consultant, Information Technology, KRGinsure (NY.Supp)
https://www.toronto.ca/legdocs/mmis/2023/ny/comm/communicationfile-170408.pdf
(June 14, 2023) E-mail from Thomas Chion (NY.Supp)
(June 12, 2023) Submission from Mary Heung, Legacy Condo, on behalf of Legacy Condo, Ultra Condo and Yorkland Condo (NY.Supp)
(June 19, 2023) Letter from Tony Volpentesta, Bousfields Incorporated (NY.Supp)
https://www.toronto.ca/legdocs/mmis/2023/ny/comm/communicationfile-170636.pdf

Communications (City Council)

(June 20, 2023) E-mail from Julie Yan (CC.Main)

Motions (City Council)

1 - Motion to Defer Item moved by Councillor Shelley Carroll (Carried)

That consideration of the item be deferred until the October 11, 12 and 13, 2023 meeting of City Council.

NY6.3 - 1 Herons Hill Way - Zoning Amendment Application - Decision Report - Approval

Decision Type:
ACTION
Status:
Without Recs
Ward:
17 - Don Valley North

Public Notice Given

Statutory - Planning Act, RSO 1990

Community Council Recommendations

North York Community Council forwards item NY6.3 to City Council without recommendations.

Decision Advice and Other Information

The North York Community Council held a statutory public meeting on June 20, 2023, and notice was given in accordance with the Planning Act.

Origin

(June 5, 2023) Report from the Director, Community Planning, North York District

Summary

This application proposes to amend the Zoning By-law for the lands at 1 Herons Hill Way.  The application proposes to redevelop the easterly portion of the subject site for a 34-storey (110 metre) mixed-use building while retaining the existing 2-storey (7 metre) office building on the westerly portion of the subject site.  The proposed development contains 334 residential units with a total gross floor area of 29,470 square metres resulting in a density (FSI) of 4.54 times the area of the lot and a 524 square metre privately-owned publicly-accessible open space.

 

The proposed application is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020).

 

This report reviews and recommends approval of the application to amend the Zoning By-laws 569-2013 and 7625 at 1 Herons Hill Way.  The proposed building represents an appropriate level of intensification on the site and provides for amenity improvements for existing residents and the surrounding community.

Background Information

(June 5, 2023) Report and Attachments 1 to 11 from the Director, Community Planning, North York District on 1 Herons Hill Way - Zoning Amendment Application - Decision Report - Approval
https://www.toronto.ca/legdocs/mmis/2023/ny/bgrd/backgroundfile-237108.pdf
Notice of Public Meeting
https://www.toronto.ca/legdocs/mmis/2023/ny/bgrd/backgroundfile-237224.pdf

Communications

(June 13, 2023) E-mail from Eric Olesen, Senior Technical Consultant, Information Technology, KRGinsure (NY.Supp)
https://www.toronto.ca/legdocs/mmis/2023/ny/comm/communicationfile-170408.pdf
(June 14, 2023) E-mail from Thomas Chion (NY.Supp)
(June 12, 2023) Submission from Mary Heung, Legacy Condo, on behalf of Legacy Condo, Ultra Condo and Yorkland Condo (NY.Supp)
(June 19, 2023) Letter from Tony Volpentesta, Bousfields Incorporated (NY.Supp)
https://www.toronto.ca/legdocs/mmis/2023/ny/comm/communicationfile-170636.pdf

Motions

Motion to forward item Without Recommendations moved by Councillor Shelley Carroll (Carried)

That the item be forwarded to City Council without recommendation.

Source: Toronto City Clerk at www.toronto.ca/council