Item - 2012.TE13.2
Tracking Status
- City Council adopted this item on April 10, 2012 with amendments.
- City Council considered this item on March 5, 2012 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 Toronto and East York Community Council on February 14, 2012 and was adopted with amendments. It will be considered by City Council on March 5, 2012.
- See also By-laws 535-2012, 536-2012
TE13.2 - Final Report - 111 St. Clair Avenue West - Official Plan and Zoning Amendment Applications
- Decision Type:
- ACTION
- Status:
- Amended
- Ward:
- 22 - St. Paul's
City Council Decision
City Council on April 10 and 11, 2012, adopted the following:
1. City Council amend the Official Plan for the lands at 111 St. Clair Avenue West substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 10 to the report (January 25, 2012) from the Director of Community Planning, Toronto and East York District.
2. City Council amend Zoning By-law 438-86, for the lands at 111 St. Clair Avenue West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 11 to the report (January 25, 2012) from the Director of Community Planning, Toronto and East York District, with the condition that the overall height of the tower is now 82.3 metres with mechanical penthouse, with the massing articulated in a manner similar to the recommended massing, reducing the building from 28 to 26 storeys and contain provisions that regulate the maximum tower floorplate size and the elevation of each townhouse entrance to the satisfaction of the Acting Chief Planner and Executive Director, City Planning.
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. Before introducing the necessary Bills to City Council for enactment, City Council require the owner of the lands at 111 St. Clair Avenue West to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:
a. The community benefits recommended to be secured in the Section 37 Agreement are as follows:
i. An indexed cash payment of $1,025,000 payable prior to the issuance of the first above grade building permit. Such payment will be deposited to the Planning Act Reserve Fund. The funds are to be used for local parkland and streetscape improvements, as determined by the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor, with such amount to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, calculated from the date of the Section 37 Agreement to the date of payment.
ii. A public art contribution of $675,000 towards the Public Art Program. The public art is to be located on site adjacent to St. Clair Avenue West, on privately owned and publicly accessible open space. The location will be identified as part of the Site Plan Control process.
iii. The owner shall provide an easement over the subject lands, to the satisfaction of the City Solicitor, in order to provide publicly accessible open space, to the satisfaction of the Chief Planner, in association with the public art installation. The easement will be secured, and the open space will be designed, through the Site Plan Control process.
5. Prior to the issuance of the first Building Permit, City Council require the owner to provide at its expense to the satisfaction of the Acting General Manager, Transportation Services, a Construction Management Plan.
6. The Owner agrees, under normal operating practices of the garage, to provide the current residents of Foxbar Road, for the life of the proposed commercial parking lot, with access to ten (10) free parking spaces via parking passes in the commercial parking lot to be located within the Site for use between 5:00 pm and 8:00 am Monday through Thursday and from Friday at 5:00 pm through Monday at 8:00 am. In this regard, it is understood that there will be an open access to the parking, with machines on site; however, there will be a 24-hour concierge for the building that could hold onto the identification/passes. The Foxbar Road residents would be able to stop in the lay-by at the building, sign-in and pick-up the identification card (pass) and drive into the parking garage, then display the identification in the window of their car. When they are leaving they would then sign out and drop off the pass on the way out.
7. City Council require that the applicant shall ensure that no trucks associated with the construction of 111 St. Clair Avenue West park on Foxbar Road.
8. City Council require that the applicant shall endeavour to limit access to the construction site of 111 St. Clair Avenue West south of the driveway of 54 Foxbar Road (Bradgate Arms).
9. City Council require that the applicant shall appoint a Community Liaison to work with the Foxbar Neighbourhood Association, residents of 110, 112, 150 St. Clair Avenue West and 1, 2, 4, 6, 8, 10 and 12 Oriole Road to mitigate construction impacts.
Statutory - Planning Act, RSO 1990
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2012/te/bgrd/backgroundfile-44828.pdf
Background Information (City Council)
Communications (Community Council)
(February 1, 2012) Letter from Todd Hargarten and Sarah Morgenstern (TE.Supp.TE13.2.2)
(February 3, 2012) E-mail from Jennifer Dickie (TE.Supp.TE13.2.3)
(February 5, 2012) E-mail from Shahla Navai and Faramarz Navai (TE.Supp.TE13.2.4)
(February 7, 2012) Letter from David and Caroline Morgenstern (TE.Supp.TE13.2.5)
(February 8, 2012) E-mail from Betty Ann and Donald Crosbie (TE.Supp.TE13.2.6)
(February 13, 2012) Letter from Paul Le Vay, Acting President, Foxbar Neighbourhood Association (TE.Supp.TE13.2.7)
(February 13, 2012) E-mail from John and Monique Taylor (TE.Supp.TE13.2.8)
Motions (City Council)
That:
1. City Council amend Toronto and East York Community Council Recommendation 2 by adding the following words at the end "and contain provisions that regulate the maximum tower floorplate size and the elevation of each townhouse entrance to the satisfaction of the Acting Chief Planner and Executive Director, City Planning." so that it reads as follows:
2. City Council amend Zoning By-law 438-86, for the lands at 111 St. Clair Avenue West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 11 to the report of the Director of Community Planning, Toronto and East York District, dated January 25, 2012, with the condition that the overall height of the tower is now 82.3 metres with mechanical penthouse, with the massing articulated in a manner similar to the recommended massing, reducing the building from 28 to 26 storeys and contain provisions that regulate the maximum tower floorplate size and the elevation of each townhouse entrance to the satisfaction of the Acting Chief Planner and Executive Director, City Planning.
2. City Council amend Toronto and East York Community Council Recommendation 5 to read as follows:
5. Prior to the issuance of the first Building Permit, City Council require the owner to provide at its expense to the satisfaction of the General Manager, Transportation Services, a Construction Management Plan.
3. City Council delete Toronto and East York Community Council Recommendation 6:
Recommendation to be deleted
6. Before introducing the necessary Bills to City Council for enactment, City Council require the owner of the lands at 111 St. Clair Avenue West to enter into a secured Agreement with the City to ensure the provision of all necessary improvements to the existing municipal infrastructure in connection with the Functional Servicing Report, to the satisfaction of the Executive Director of Technical Services.
4. City Council amend Toronto and East York Community Council Recommendation 7 to read as follows:
7. The Owner agrees, under normal operating practices of the garage, to provide the current residents of Foxbar Road, for the life of the proposed commercial parking lot, with access to ten (10) free parking spaces via parking passes in the commercial parking lot to be located within the Site for use between 5:00 pm and 8:00 am Monday through Thursday and from Friday at 5:00 pm through Monday at 8:00 am. In this regard, it is understood that there will be an open access to the parking, with machines on site; however, there will be a 24-hour concierge for the building that could hold onto the identification/passes. The Foxbar Road residents would be able to stop in the lay-by at the building, sign-in and pick-up the identification card (pass) and drive into the parking garage, then display the identification in the window of their car. When they are leaving they would then sign out and drop off the pass on the way out.
Vote (Amend Item (Additional)) Apr-11-2012 2:09 PM
| Result: Carried | Majority Required - TE13.2 - Matlow - motion 1 |
|---|---|
| Total members that voted Yes: 40 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Shelley Carroll, Raymond Cho, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 5 | Members that were absent are Michelle Berardinetti, Josh Colle, Vincent Crisanti, Mary-Margaret McMahon, Ron Moeser |
Vote (Adopt Item as Amended) Apr-11-2012 2:10 PM
| Result: Carried | Majority Required - TE13.2 - Adopt the item as amended |
|---|---|
| Total members that voted Yes: 41 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Shelley Carroll, Raymond Cho, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 4 | Members that were absent are Michelle Berardinetti, Josh Colle, Vincent Crisanti, Ron Moeser |
TE13.2 - Final Report - 111 St. Clair Avenue West - Official Plan and Zoning Amendment Applications
- Decision Type:
- ACTION
- Status:
- Deferred
- Ward:
- 22 - St. Paul's
City Council Decision
City Council on March 5, 6 and 7, 2012, deferred consideration of Item TE13.2 to the next regular City Council meeting on April 10 and 11, 2012 to allow the applicants to finalize matters with City staff and the local Councillor.
Statutory - Planning Act, RSO 1990
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2012/te/bgrd/backgroundfile-44828.pdf
Communications (Community Council)
(February 1, 2012) Letter from Todd Hargarten and Sarah Morgenstern (TE.Supp.TE13.2.2)
(February 3, 2012) E-mail from Jennifer Dickie (TE.Supp.TE13.2.3)
(February 5, 2012) E-mail from Shahla Navai and Faramarz Navai (TE.Supp.TE13.2.4)
(February 7, 2012) Letter from David and Caroline Morgenstern (TE.Supp.TE13.2.5)
(February 8, 2012) E-mail from Betty Ann and Donald Crosbie (TE.Supp.TE13.2.6)
(February 13, 2012) Letter from Paul Le Vay, Acting President, Foxbar Neighbourhood Association (TE.Supp.TE13.2.7)
(February 13, 2012) E-mail from John and Monique Taylor (TE.Supp.TE13.2.8)
Motions (City Council)
That consideration of the item be deferred until the April 10 and 11, 2012 meeting of City Council to allow the applicants to finalize matters with City staff and the local Councillor.
Vote (Defer Item) Mar-05-2012 10:20 AM
| Result: Carried | Majority Required - TE13.2 - Matlow - Defer the item |
|---|---|
| Total members that voted Yes: 44 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 1 | Members that were absent are Jaye Robinson |
TE13.2 - Final Report - 111 St. Clair Avenue West - Official Plan and Zoning Amendment Applications
- Decision Type:
- ACTION
- Status:
- Amended
- Ward:
- 22 - St. Paul's
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 111 St. Clair Avenue West substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 10 to the report of the Director of Community Planning, Toronto and East York District, dated January 25, 2012.
2. City Council amend Zoning By-law 438-86, for the lands at 111 St. Clair Avenue West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 11 to the report of the Director of Community Planning, Toronto and East York District, dated January 25, 2012, with the condition that the overall height of the tower is now 82.3 metres with mechanical penthouse, with the massing articulated in a manner similar to the recommended massing, reducing the building from 28 to 26 storeys.
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. Before introducing the necessary Bills to City Council for enactment, City Council require the owner of the lands at 111 St. Clair Avenue West to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:
a. The community benefits recommended to be secured in the Section 37 Agreement are as follows:
i. An indexed cash payment of $1,025,000 payable prior to the issuance of the first above grade building permit. Such payment will be deposited to the Planning Act Reserve Fund. The funds are to be used for local parkland and streetscape improvements, as determined by the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor, with such amount to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, calculated from the date of the Section 37 Agreement to the date of payment.
ii. A public art contribution of $675,000 towards the Public Art Program. The public art is to be located on site adjacent to St. Clair Avenue West, on privately owned and publicly accessible open space. The location will be identified as part of the Site Plan Control process.
iii. The owner shall provide an easement over the subject lands, to the satisfaction of the City Solicitor, in order to provide publicly accessible open space, to the satisfaction of the Chief Planner, in association with the public art installation. The easement will be secured, and the open space will be designed, through the Site Plan Control process.
5. Before introducing the necessary Bills to City Council for enactment, City Council require that the applicant shall have been issued a Notice of Approval Conditions as part of the Site Plan Control process under Section 41(16) of the Planning Act and Section 114 of the City of Toronto Act.
6. Before introducing the necessary Bills to City Council for enactment, City Council require the owner of the lands at 111 St. Clair Avenue West to enter into a secured Agreement with the City to ensure the provision of all necessary improvements to the existing municipal infrastructure in connection with the Functional Servicing Report, to the satisfaction of the Executive Director of Technical Services.
7. City Council require that the applicant shall provide the current residents of Foxbar Road with 10 spaces in the commercial parking lot to be located at 111 St. Clair Avenue West for use between 5:00 p.m. and 8:00 a.m. Monday through Thursday and from Friday at 5:00 p.m. through to Monday at 8:00 a.m. These spaces will be granted to the current residents of Foxbar Avenue in perpetuity.
8. City Council require that the applicant shall ensure that no trucks associated with the construction of 111 St. Clair Avenue West park on Foxbar Road.
9. City Council require that the applicant shall endeavour to limit access to the construction site of 111 St. Clair Avenue West south of the driveway of 54 Foxbar Road (Bradgate Arms).
10. City Council require that the applicant shall appoint a Community Liaison to work with the Foxbar Neighbourhood Association, residents of 110, 112, 150 St. Clair Avenue West and 1, 2, 4, 6, 8, 10 and 12 Oriole Road to mitigate construction impacts.
Decision Advice and Other Information
The Toronto and East York Community Council held a statutory public meeting on February 14, 2012, and notice was given in accordance with the Planning Act.
Origin
Summary
The applications propose to construct a 28-storey residential building and ten 3-storey townhouses at the rear of the lands municipally known as 111 St. Clair Avenue West.
The proposed development has been found to be substantially in compliance with the development criteria for Mixed Used Areas, Avenues, Public Realm, Built Form, and all other relevant Official Plan and Secondary Plan policies and urban design guidelines.
This report reviews and recommends approval of the applications to amend the Official Plan and Zoning By-law.
Background Information
https://www.toronto.ca/legdocs/mmis/2012/te/bgrd/backgroundfile-44828.pdf
Communications
(February 1, 2012) Letter from Todd Hargarten and Sarah Morgenstern (TE.Supp.TE13.2.2)
(February 3, 2012) E-mail from Jennifer Dickie (TE.Supp.TE13.2.3)
(February 5, 2012) E-mail from Shahla Navai and Faramarz Navai (TE.Supp.TE13.2.4)
(February 7, 2012) Letter from David and Caroline Morgenstern (TE.Supp.TE13.2.5)
(February 8, 2012) E-mail from Betty Ann and Donald Crosbie (TE.Supp.TE13.2.6)
(February 13, 2012) Letter from Paul Le Vay, Acting President, Foxbar Neighbourhood Association (TE.Supp.TE13.2.7)
(February 13, 2012) E-mail from John and Monique Taylor (TE.Supp.TE13.2.8)
Speakers
Paul LeVay, Acting President, Foxbar Neighbourhood Association
Motions
That the recommendations in the report dated January 25, 2012, from the Director, Community Planning, Toronto and East York District, be amended by amending Recommendation 2 by adding the words "with the condition that the overall height of the tower is now 82.3 metres with mechanical penthouse, with the massing articulated in a manner similar to the recommended massing, reducing the building from 28 to 26 storeys." after the words "dated January 12, 2012" so that the recommendation reads as follows:
"2. City Council amend Zoning By-law 438-86, for the lands at 111 St. Clair Avenue West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 11 to the report of the Director of Community Planning, Toronto and East York District, dated January 25, 2012, with the condition that the overall height of the tower is now 82.3 metres with mechanical penthouse, with the massing articulated in a manner similar to the recommended massing, reducing the building from 28 to 26 storeys."
That the following new Recommendations 7, 8, 9 and 10 be added:
"7. City Council require that the applicant shall provide the current residents of Foxbar Road with 10 spaces in the commercial parking lot to be located at 111 St. Clair Avenue West for use between 5:00 p.m. and 8:00 a.m. Monday through Thursday and from Friday at 5:00 p.m. through to Monday at 8:00 a.m. These spaces will be granted to the current residents of Foxbar Avenue in perpetuity.
8. City Council require that the applicant shall ensure that no trucks associated with the construction of 111 St. Clair Avenue West park on Foxbar Road.
9. City Council require that the applicant shall endeavour to limit access to the construction site of 111 St. Clair Avenue West south of the driveway of 54 Foxbar Road (Bradgate Arms).
10. City Council require that the applicant shall appoint a Community Liaison to work with the Foxbar Neighbourhood Association, residents of 110, 112, 150 St. Clair Avenue West and 1, 2, 4, 6, 8, 10 and 12 Oriole Road to mitigate construction impacts."