Item - 2023.TE2.3

Tracking Status

  • City Council adopted this item on February 7 and 8, 2023 without amendments and without debate.
  • This item was considered by the Toronto and East York Community Council on January 26, 2023 and adopted without amendment. It will be considered by City Council on February 7 and 8, 2023.

TE2.3 - 69 Yorkville Avenue - Official Plan and Zoning By-law Amendment Application - Decision Report - Refusal

Decision Type:
ACTION
Status:
Adopted on Consent
Ward:
11 - University - Rosedale

City Council Decision

City Council on February 7 and 8, 2023, adopted the following:

 

1. City Council refuse the application for the Zoning By-law Amendment at 69 Yorkville Avenue for the reasons set out in the report (January 10, 2023) from the Acting Director, Community Planning, Toronto and East York District.

 

2. City Council authorize the City Solicitor, together with appropriate staff, to appear before the Ontario Land Tribunal in support of City Council's decision to refuse the application, in the event the application is appealed to the Ontario Land Tribunal.

  

3. City Council direct the City Solicitor to request the Ontario Land Tribunal to withhold its Order in the event that the project is approved in some form, until the following have been secured:

 

a. the final form of the Official Plan Amendment and Zoning By-law Amendment are to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor;

 

b. the owner has revised the Site Servicing and Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

 

c. all comments from Engineering and Construction Services contained in their December 31, 2021 memorandum are addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

 

4. City Council authorize the City Solicitor and other appropriate staff to take any necessary steps to implement City Council's decision.

Background Information (Community Council)

(January 10, 2023) Report and Attachments 1-6 from the Director, Community Planning, Toronto and East York District - 69 Yorkville Avenue - Official Plan and Zoning By-law Amendment Application - Decision Report - Refusal
https://www.toronto.ca/legdocs/mmis/2023/te/bgrd/backgroundfile-230949.pdf

Communications (Community Council)

(January 24, 2023) E-mail from Jennifer Ricci on Behalf of Toronto Standard Condominium Corporation No. 2075 (TE.Supp)
https://www.toronto.ca/legdocs/mmis/2023/te/comm/communicationfile-161921.pdf
(January 25, 2023) Presentation from Kevin McKrow on behalf of Andrew Ferancik (TE.Supp)
(January 26, 2023) Letter from Cynthia MacDougall, Solicitor, on behalf of Minto Apartment GP Incorporated and Minto Apartment Limited Partnership (TE.New)
https://www.toronto.ca/legdocs/mmis/2023/te/comm/communicationfile-162496.pdf

TE2.3 - 69 Yorkville Avenue - Official Plan and Zoning By-law Amendment Application - Decision Report - Refusal

Decision Type:
ACTION
Status:
Adopted
Ward:
11 - University - Rosedale

Community Council Recommendations

The Toronto and East York Community Council recommends that:

 

1. City Council refuse the application for the Zoning By-law Amendment at 69 Yorkville Avenue for the reasons set out in the report (January 10, 2023) from the Director, Community Planning, Toronto and East York District.

 

2. City Council authorize the City Solicitor, together with appropriate staff, to appear before the Ontario Land Tribunal in support of City Council's decision to refuse the application, in the event the application is appealed to the Ontario Land Tribunal.

  

3. City Council direct the City Solicitor to request that the Ontario Land Tribunal withhold its Order in the event that the project is approved in some form, until the following have been secured:

 

a. the final form of the Official Plan Amendment and Zoning By-law Amendment are to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor;

 

b. the owner has revised the Site Servicing and Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

 

c. all comments from Engineering and Construction Services contained in their December 31, 2021 memorandum are addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

 

4. City Council authorize the City Solicitor and other appropriate staff to take any necessary steps to implement City Council's decision.

Origin

(January 10, 2023) Report from the Director, Community Planning, Toronto and East York District

Summary

On November 4, 2021, an Official Plan and Zoning By-law Amendment application was submitted to permit a 29-storey mixed use building containing 143 dwelling units.

 

This report reviews and recommends refusal of the application to amend the Official Plan and Zoning By-law as the site is not an appropriate location for a tall building. The site is located in the low-rise village of Yorkville and Mixed Use Area 4 of the Downtown Plan.

 

The proposal does not conform with the Official Plan, Downtown Plan, or Site and Area Specific Policy 211 and should be refused.

Background Information

(January 10, 2023) Report and Attachments 1-6 from the Director, Community Planning, Toronto and East York District - 69 Yorkville Avenue - Official Plan and Zoning By-law Amendment Application - Decision Report - Refusal
https://www.toronto.ca/legdocs/mmis/2023/te/bgrd/backgroundfile-230949.pdf

Communications

(January 24, 2023) E-mail from Jennifer Ricci on Behalf of Toronto Standard Condominium Corporation No. 2075 (TE.Supp)
https://www.toronto.ca/legdocs/mmis/2023/te/comm/communicationfile-161921.pdf
(January 25, 2023) Presentation from Kevin McKrow on behalf of Andrew Ferancik (TE.Supp)
(January 26, 2023) Letter from Cynthia MacDougall, Solicitor, on behalf of Minto Apartment GP Incorporated and Minto Apartment Limited Partnership (TE.New)
https://www.toronto.ca/legdocs/mmis/2023/te/comm/communicationfile-162496.pdf

Speakers

Andrew Ferancik, WND Associates
Jeff Leung, JET

Motions

1 - Motion to Adopt Item moved by Councillor Dianne Saxe (Carried)
Source: Toronto City Clerk at www.toronto.ca/council