Item - 2023.NY6.4
Tracking Status
- City Council adopted this item on July 19, 2023 with amendments.
- This item was considered by the North York Community Council on June 20, 2023 and adopted without amendment. It will be considered by City Council on July 19, 2023.
- See also CC12.5
NY6.4 - 1181 Sheppard Avenue East - Official Plan Amendment and Zoning Amendment Application - Appeal Report
- Decision Type:
- ACTION
- Status:
- Amended
- Ward:
- 17 - Don Valley North
City Council Decision
City Council on July 19 and 20, 2023, adopted the following:
1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (July 5, 2023) from the City Solicitor.
2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the supplementary report (July 5, 2023) from the City Solicitor.
3. City Council direct that the balance of Confidential Attachment 1 to the supplementary report (July 5, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.
The confidential instructions to staff in Confidential Attachment 1 to the supplementary report (July 5, 2023) from the City Solicitor were adopted by City Council and are now public as follows:
1. City Council accept the Without Prejudice Settlement Offer dated July 4, 2023 set out in Confidential Appendix A to the supplementary report (July 5, 2023) from the City Solicitor, and City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the Without Prejudice Settlement Offer.
2. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order until the City Solicitor has advised that:
a. the final form and content of the Official Plan and Zoning By-laws are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;
b. the Owner has provided a revised Pedestrian Wind Study, such report to be reviewed with recommendations implemented as part of the amending Official Plan policies and Zoning By-laws and the City has advised that any building envelope changes to address the findings of the wind tunnel study have been made to the satisfaction of the Chief Planner and Executive Director, City Planning Division and any mitigation measures secured in a development agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning;
c. the Owner has at its sole expense provided a revised Traffic Impact Study, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services, and the Chief Planner and Executive Director, City Planning Division;
d. the Owner has at its sole expense provided a Functional Servicing Report and Stormwater Management Report, including the Foundation Drainage Report (the "Engineering Reports") satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Toronto Water;
e. the Owner at its sole expense has designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Engineering Reports;
f. confirmation from the City Solicitor that the implementation of the accepted Engineering Reports and Traffic Impact Study does not require changes to the proposed amending by-law or any such required changes have been made to the proposed amending by-laws to the satisfaction of the Chief Planner and Executive Director, City Planning Division and the City Solicitor; and
g. the Owner has made satisfactory arrangements with the City and has entered into the appropriate agreement(s) for the design and construction of any improvements to municipal infrastructure, should it be determined that upgrades and/or road improvements are required to the infrastructure to support the development, according to the accepted Engineering Reports and Traffic Impact Study accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services.
3. City Council authorize the Chief Planner and Executive Director, City Planning to enter into an In-kind Contribution Agreement pursuant to subsection 37(7.1) of the Planning Act to address the provision of an in-kind contribution, being the design and construction of improvements to the Toronto Transit Commission pedestrian tunnel connection, as described in the Settlement Offer, on terms satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, with such agreement to be registered on title to the lands, which agreement shall be evidence of arrangements for the provision of the in-kind contribution that are satisfactory to City Council.
4. Council direct the Chief Planner and Executive Director, City Planning, in consultation with the Toronto Transit Commission, to attribute a value to the in-kind contribution based on cost estimates prepared by the Toronto Transit Commission, and provide notice to the owner of the attributed value.
5. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision.
Confidential Appendix A to the supplementary report (July 5, 2023) from the City Solicitor is now public and can be accessed under Background Information (City Council).
The balance of Confidential Attachment 1 to the supplementary report (July 5, 2023) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the supplementary report (July 5, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.
Confidential Attachment - Advice or communications that are subject to solicitor-client privilege and information regarding potential litigation.
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2023/ny/bgrd/backgroundfile-236996.pdf
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-238404.pdf
Public Attachment 1 to NY6.4a - Letter from Davies Howe LLP dated June 20, 2023 containing With Prejudice Proposal, including selection of revised architectural plans
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-238405.pdf
Confidential Attachment 1 to NY6.4a - Confidential Information
Confidential Appendix A to NY6.4a - Confidential Information - made public on August 3, 2023
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-238407.pdf
Motions (City Council)
That City Council delete North York Community Council Recommendations and adopt instead the following recommendations in the supplementary report (July 5, 2023) from the City Solicitor:
1. City Council adopt the recommendations contained in the Confidential Attachment 1 to the supplementary report (July 5, 2023) from the City Solicitor.
2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 and Confidential Appendix A to the supplementary report (July 5, 2023) from the City Solicitor, if adopted by City Council.
3. City Council direct that all other information contained in Confidential Attachment 1 to the supplementary report (July 5, 2023) from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.
NY6.4 - 1181 Sheppard Avenue East - Official Plan Amendment and Zoning Amendment Application - Appeal Report
- Decision Type:
- ACTION
- Status:
- Adopted
- Ward:
- 17 - Don Valley North
Community Council Recommendations
North York Community Council recommends that:
1. City Council direct City Staff to continue discussions with the applicant in an attempt to resolve the outstanding issues detailed in this report.
2. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the outstanding matters identified in this report, regarding the Official Plan and Zoning By-law Amendment appeal for the lands at 1181 Sheppard Avenue East.
3. In the event that the Ontario Land Tribunal allows the appeals in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Order be withheld until such time as the City Solicitor advises that:
a. the final form and content of the draft Official Plan and Zoning By-laws are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;
b. the City has advised that any building envelope changes to address the findings of the wind tunnel study have been made to the satisfaction of the Chief Planner and Executive Director, City Planning Division;
c. the Owner has at its sole expense provided a revised Traffic Impact Study, to the satisfaction of the General Manager and Chief Engineer, Engineering and Construction Services, the General Manager, Transportation Services, and the Chief Planner and Executive Director, City Planning Division;
d. the Owner has at its sole expense provided a Functional Servicing Report and Stormwater Management Report, including the Foundation Drainage Report satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Toronto Water;
e. the Owner at its sole expense has designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report and Stormwater Management Report, including the Foundation Drainage Report, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Functional Servicing Report and Stormwater Management Report, and Foundation Drainage Report, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;
f. confirmation from the City Solicitor that the implementation of the Functional Servicing Report, Groundwater Report, Stormwater Management Report, including the Foundation Report, accepted by Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services does not require changes to the proposed amending by-law or any such required changes have been made to the proposed amending by-laws to the satisfaction of the Chief Planner and Executive Director, City Planning Division and the City Solicitor; and
g. the Owner has made satisfactory arrangements with Engineering and Construction Services and entered into the appropriate agreement(s) with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades and road improvements are required to the infrastructure to support this development, according to the accepted Traffic Impact Study accepted by the Chief Engineer and Executive Director of Engineering and Construction Services and the General Manager, Transportation Services.
4. City Council authorizes the City Solicitor and City staff to take any necessary steps to implement City Council's decision.
Origin
Summary
On December 23, 2019, an Official Plan and Zoning By-law Amendment application was submitted to amend the Sheppard East Subway Corridor Secondary Plan and the former City of North York Zoning By-law No. 7652 and Zoning By-law 1094-2002, as amended by Zoning By-law 961-2009, for the property at 1181 Sheppard Avenue East. The proposal sought to permit a mixed-use development comprised of a 22-storey tower (89.15 metres) with 39,033 square metres of office space, and a 33-storey residential tower (105.7 metres) with 452 residential units connected by a 5-storey (19 metre) podium.
On November 19, 2021, the Applicant appealed the application to the Ontario Land Tribunal ("OLT") due to Council not making a decision within the 120-day time frame in the Planning Act. A two week hearing has been scheduled to commence on October 2, 2023.
A Request for Direction Report was before North York Community Council at its meeting of June 28, 2022 and adopted without amendment. It was adopted by City Council on July 19, 2022 without amendment.
The applicant submitted revised plans in March 2023 which now proposes redevelopment of the site with two residential towers having heights of 33-storeys and 34-storeys, joined by a 5-storey mixed use podium. The revised proposal would have an overall gross floor area of 66,951 square metres, of which, 58,642 square metres would be residential gross floor area, 1,410 square metres would be retail gross floor area, and 6,899 would be office gross floor area. A daycare of 800 square metres of gross floor area is proposed at grade as part of the development. A total of 805 dwelling units are proposed as part of the revised proposal.
This report provides an update on the proposal and the outstanding issues. The report recommends that the City Solicitor with the appropriate City staff attend the OLT hearing and continues 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/2023/ny/bgrd/backgroundfile-236996.pdf