TE36.13

ACTION 

Adopted 

 

Ward:22 

Final Report - 1955 to 1985 Yonge Street, 3 Belsize Drive and 18 to 22 Millwood Road - Official Plan Amendment, Rezoning and Rental Demolition Applications
Statutory - Planning Act, RSO 1990

Community Council Recommendations

The Toronto and East York Community Council recommends that:

 

1.         City Council amend the Official Plan for the lands at 3 Belsize Drive portion of the site at 1955-1985 Yonge Street, 3 Belsize Drive and 18-22 Millwood Road, substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 9 to the July 23, 2010 report of the Director of Community Planning, Toronto and East York District.

 

2.         City Council amend Zoning By-law 438-86 as amended, for the lands at 1955-1985 Yonge Street, 3 Belsize Drive and 18-22 Millwood Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 10 to the July 23, 2010 report of the Director of Community Planning, Toronto and East York District.

 

3.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and draft Zoning By-law Amendment as may be required.

 

4.         Prior to the introduction of the Bills in City Council, City Council require the owner of the lands at 1955-1985 Yonge Street, 3 Belsize Drive and 18-22 Millwood Road (subject of this report) to enter into an Agreement under Section 37 of the Planning Act, to be registered on title, to the satisfaction of the City Solicitor, to secure the following:

 

a.         A payment of $435,000.00 of which $100,000.00 will be payable prior to the introduction of the Bills in City Council and the remaining $335,000.00 will be payable prior to the issuance of the first building permit.  Such payment will be directed to the Planning Act Reserve Fund to be used for the construction and associated costs of the Neshama Accessible Playground at Oriole Park or for the purchase, design and construction of a new park on the lands south of the TTC bus barns at Yonge Street and Eglinton Avenue West.

 

b.         The provision and maintenance on the site of not less than 33 new replacement rental dwelling units, comprising 18 one-bedroom units and 14 two-bedroom units and 1 three-bedroom unit which units shall generally be of the same type and size as in the buildings existing on the lot at the date of enactment of the by-law amendment, of which at least 27 shall have affordable rents and 6 shall have rents no higher than the mid-range rents, and tenant relocation assistance for tenants in the existing buildings in accordance with more detailed terms as set forth in the draft by-law attached as Attachment 10 to the final rezoning report from City Planning dated July 23, 2010.

 

The following matters are also recommended to be secured in the Section 37 agreement as a legal convenience to support development:

 

c.         Incorporation in the construction of the building, exterior materials shown on 1:50 scale drawings, approved by the Chief Planner and Executive Director, submitted for the development’s Yonge Street, Belsize Drive and Millwood Road elevations as part of the Site Plan Approval process.

 

5.         City Council require that before the issuance of any building permit, including foundation permit, the applicant shall enter into a Site Plan Agreement under Section 41(16) of the Planning Act and Section 114 of the City of Toronto Act.

 

6.         City Council require the owner to, as part of site plan approval, provide and maintain an irrigation system including an automatic timer for the proposed trees within the public road allowance to the satisfaction of the General Manager of Parks, Forestry and Recreation.

 

7.         City Council require that before introducing the necessary Bills to City Council for enactment, the site servicing review submitted and date stamped on July 6, 2010 be reviewed and accepted by the Executive Director of Technical Services.

 

8.         City Council approve the application to demolish the 33 existing residential units located at 1955-1985 Yonge Street, 3 Belsize Drive and 18-22 Millwood Road pursuant to Municipal Code Chapters 667 and 363, subject to the following conditions under Chapter 667 which provide for the replacement of rental housing:

 

a.         the owner shall provide and maintain thirty three (33) residential rental units on the subject site for a period of at least 20 years, comprising 18 one-bedroom and 14 two-bedroom units and 1 three-bedroom unit, of which at least 27 shall have affordable rents and 6 shall have rents no higher than mid-range rents;

 

b.         the owner shall provide tenant relocation assistance including the right to return to a replacement rental unit for the eligible tenants to the satisfaction of the Chief Planner and Executive Director, City Planning Division and as further detailed in the draft by-law attached as Attachment 10 to the final rezoning report from City Planning dated July 23, 2010;

 

c.         the owner shall enter into and register one or more Section 111 Agreement(s) to secure the conditions outlined in a. above and as described in the draft zoning by-law amendment (refer to Attachment 10: Draft Zoning By-law Amendment) to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning Division; and

 

d.         the owner shall enter into and register a Section 118 Restriction under the Land Titles Act (to the satisfaction of the City Solicitor) agreeing not to transfer or charge those parts of the lands, comprising the 33 replacement rental units, without the written consent of the Chief Planner and Executive Director, City Planning Division or his designate, to assist with securing the Section 111 Agreement against future owners and encumbrances of the lands to be released only upon the owner obtaining the necessary approvals including the zoning by-law amendment.

 

9.         City Council authorize the Chief Planner and Executive Director, City Planning Division to issue preliminary approval to the application under Municipal Code Chapter 667 after the satisfaction of the conditions in Recommendation 8, and after the Official Plan and Zoning By-law amendments referred to in Recommendations 1 and 2 have come into full force and effect.

 

10.       City Council authorize the Chief Building Official to issue a Section 111 permit under Municipal Code Chapter 667 after the Chief Planner and Executive Director, City Planning Division has given the preliminary approval referred to in Recommendation 9.

 

11.       City Council authorize the Chief Building Official to issue a permit under Section 33 of the Planning Act no earlier than issuance of the first building permit for the foundation of the development, and after the Chief Planner and Executive Director, City Planning Division has given the preliminary approval referred to in Recommendation 9, which permit may be included in the demolition permit for Chapter 667 under 363-11.1, of the Municipal Code, on condition that:

 

a.         the owner erect a residential building on site no later than three (3) years from the day demolition of the buildings is commenced; and

 

b.         should the owner fail to complete the new building within the time specified in condition a., the City Clerk shall be entitled to enter on the collector’s roll, to be collected in a like manner as municipal taxes, the sum of twenty thousand dollars ($20,000.00) for each dwelling unit for which a demolition permit is issued, and that each sum shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.

 

12.       City Council authorize the appropriate City officials to take such actions as are necessary to implement the foregoing, including execution of the Section 37 and Section 111 Agreements.

Decision Advice and Other Information

The Toronto and East York Community Council held a statutory public meeting on August 17, 2010, and notice was given in accordance with the Planning Act and Municipal Code Ch. 667 under the City of Toronto Act, 2006.

Origin
(July 23, 2010) Report from the Director, Community Planning, Toronto and East York District
Summary

This application was made on December 28, 2006 and subsequently revised most recently on April 14, 2010 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

 

This application proposes to amend the Official Plan as it pertains to a portion of the site at 3 Belsize Drive and to amend the Zoning By-law for the entire site at 1955-1985 Yonge Street, 3 Belsize Drive and 18-22 Millwood Road.  These amendments and a permission to demolish the existing rental apartments on site would allow the construction of the proposed 8-storey mixed use building with retail at grade and 206 residential units including 33 rental replacement units.

 

The City Planning Division is recommending approval of the proposed development and the application for a permit to demolish the residential rental units under Municipal Code 667 based on its location on an Avenue and on its planning and design attributes which include:

 

a.         the proposed residential units are comprised of a mix of  tenures (condominium and rental apartment units) and a mix of unit sizes ranging from bachelor to 3 bedroom units;

 

b.         the proposed development provides a transition in scale and density as it steps down from the Yonge Street mixed use corridor to the low density neighbourhood to the east;

 

c.         the proposed development maintains adequate sunlight for residents in abutting neighbourhoods and at pedestrian level on Yonge Street;

 

d.         the applicant’s Avenue Segment Review (as adopted by staff) indicates that incremental redevelopments of the same general scale (but as modified in the future by the Mid-Rise Performance Standards) within the identified Avenue Segment will not negatively impact the neighbourhood to the east;

 

e.         the proposed new commercial bays on Yonge Street would provide updated retail and service space which would attract new commercial and employment activity to the area;

 

f.          the inclusion of grade-related units on Belsize Drive assist in the integration of the proposed building into the neighbourhood to the east;

 

g.         the site is within a block of the Davisville subway station and has excellent transit connections to most points within the City;

 

h.         the site is on Yonge Street with close proximity to retail, service and entertainment facilities and places of employment; and

 

i.          the Section 37 benefits that would be secured as a result of approval and construction of this development including; the replacement of all 33 existing rental apartment units with new rental units of equivalent size within the new building and funding for either or both the Neshama Accessible Playground at Oriole Park and the new park which is to be developed south of the TTC bus barns at Yonge Street and Eglinton Avenue West.

Background Information
TE36.13 - Staff Report - 1955-1985 Yonge Street, 3 Belsize Drive, 18-22 Millwood Road - Final Report
(http://www.toronto.ca/legdocs/mmis/2010/te/bgrd/backgroundfile-32464.pdf)

Communications
(August 16, 2010) Fax from Kingdon Boake (TE.New.TE36.13.1)
Speakers

Steven Ramsay
Barbara Vininsky-Millar
Adam J. Brown, Sherman Brown Dryer Karol Gold Lebow, Barristers and Solicitors
Robert Jon Williams, Greey Realty Holdings Limited

Motions
1 - Motion to Adopt Item moved by Councillor Michael Walker (Carried)