Item - 2013.TE22.5
Tracking Status
- City Council adopted this item on March 21, 2013 without amendments and without debate.
- This item was considered by the Toronto and East York Community Council on February 26, 2013 and adopted without amendment. It will be considered by City Council on March 21, 2013.
TE22.5 - Refusal Report - 89 Avenue Road - Zoning Amendment
- Decision Type:
- ACTION
- Status:
- Adopted on Consent
- Ward:
- 27 - Toronto Centre-Rosedale
City Council Decision
City Council on March 21, 2013, adopted the following:
1. City Council refuse the application for Zoning By-law Amendment at 89 Avenue Road for the following reasons:
a. the proposal does not conform to the Official Plan;
b. the proposal is inconsistent with Council-approved guidelines; and
c. the proposal represents an overdevelopment of the site.
2. City Council authorize the City Solicitor together with City Planning and other appropriate staff to appear before the Ontario Municipal Board in support of City Council’s decision to refuse the application, in the event that the application is appealed to the Ontario Municipal Board.
3. City Council authorize City Planning, in consultation with the Ward Councillor, to secure services, facilities or matters pursuant to Section 37 of the Planning Act, as may be required by the Chief Planner, should the proposal be approved in some form by the Ontario Municipal Board.
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2013/te/bgrd/backgroundfile-56042.pdf
Communications (Community Council)
(February 18, 2013) E-mail from Barry Brooker and Jane Ormiston (TE.Supp.TE22.5.2)
(February 19, 2013) E-mail from George Addy and Lyse Marchand (TE.Supp.TE22.5.3)
(February 19, 2013) E-mail from Bill Peers (TE.Supp.TE22.5.4)
(November 22, 2012) E-mail from Stephen Halperin (TE.Supp.TE22.5.5)
(February 20, 2013) E-mail from David Harrison, Chair, Annex Resident's Association (TE.Supp.TE22.5.6)
(February 20, 2013) E-mail from Mary Helen Spence (TE.Supp.TE22.5.7)
(February 20, 2013) E-mail from Barbara and Joost Captijn (TE.Supp.TE22.5.8)
(February 21, 2013) E-mail from Brian Robertson (TE.Supp.TE22.5.9)
(February 21, 2013) E-mail from Nora Pratt and Tim Tory (TE.Supp.TE22.5.10)
(February 21, 2013) E-mail from Gee Chung, President, Greater Yorkville Residents' Association (TE.Supp.TE22.5.11)
(February 22, 2013) E-mail from Allan and Helaine Shiff (TE.Supp.TE22.5.12)
(February 22, 2013) E-mail from John Donald (TE.Supp.TE22.5.13)
(February 22, 2013) Letter from Helene Wahle, John Temperato, Dr. David Magder, Terry Reid and Nicholas Mutton, TSCC 1430, owners of the condominium building at 99 Avenue Road, and submitting a petition from the owners of 99 Avenue Road. (TE.Supp.TE22.5.14)
(February 25, 2013) E-mail from Joy Mathews, Associate Lawyer, Fine & Deo Barristers and Solicitors (TE.Supp.TE22.5.15)
(February 23, 2013) E-mail from John Caliendo, Co-President, ABC Residents Association (TE.Supp.TE22.5.16)
(February 26, 2013) Letter from Cynthia A. MacDougall, McCarthy Tetrault LLP (TE.Supp.TE22.5.17)
(February 26, 2013) E-mail from Marilyn Snead, Jack Williams, John Elwood, Adalsteinn Brown and Jay Switzer, MTCC 985, owners of condominium building at 77 Avenue Road, and submitting a petition from the owners of 77 Avenue Road. (TE.Supp.TE22.5.18)
(February 21, 2013) E-mail from Paul Elia (TE.Supp.TE22.5.19)
TE22.5 - Refusal Report - 89 Avenue Road - Zoning Amendment
- Decision Type:
- ACTION
- Status:
- Adopted
- Ward:
- 27 - Toronto Centre-Rosedale
Community Council Recommendations
The Toronto and East York Community Council recommends that:
1. City Council refuse the application for Zoning By-law Amendment at 89 Avenue Road for the following reasons:
a. the proposal does not conform to the Official Plan;
b. the proposal is inconsistent with Council-approved guidelines; and
c. the proposal represents an overdevelopment of the site.
2. City Council authorize the City Solicitor together with City Planning and other appropriate staff to appear before the Ontario Municipal Board in support of City Council’s decision to refuse the application, in the event that the application is appealed to the Ontario Municipal Board.
3. City Council authorize City Planning, in consultation with the Ward Councillor, to secure services, facilities or matters pursuant to Section 37 of the Planning Act, as may be required by the Chief Planner, should the proposal be approved in some form by the Ontario Municipal Board.
Origin
Summary
This application proposes to construct a new 28-storey (104-metre, including an 8-metre mechanical penthouse), mixed use (hotel and residential) building and a 6-storey building at the rear (adjacent to a private lane) and a 2 and 3-storey portion connecting the two buildings at 89 Avenue Road. The application proposes a site-specific By-law which permits a maximum of 85 residential units and the flexibility to provide up to 5,530 square metres of non-residential gross floor area (hotel). A 4-level underground garage is also proposed comprised of 54 parking spaces. In addition, 15 parking spaces are located off-site at 99 Avenue Road.
This application is not appropriate for the site. The overall proposal, including the proposed height and massing, does not conform to the Official Plan; is inconsistent with Council-approved guidelines; and represents an overdevelopment of the site. Therefore, this report reviews and recommends refusal of the application to amend the Zoning By-law.
Background Information
https://www.toronto.ca/legdocs/mmis/2013/te/bgrd/backgroundfile-56042.pdf
Communications
(February 18, 2013) E-mail from Barry Brooker and Jane Ormiston (TE.Supp.TE22.5.2)
(February 19, 2013) E-mail from George Addy and Lyse Marchand (TE.Supp.TE22.5.3)
(February 19, 2013) E-mail from Bill Peers (TE.Supp.TE22.5.4)
(November 22, 2012) E-mail from Stephen Halperin (TE.Supp.TE22.5.5)
(February 20, 2013) E-mail from David Harrison, Chair, Annex Resident's Association (TE.Supp.TE22.5.6)
(February 20, 2013) E-mail from Mary Helen Spence (TE.Supp.TE22.5.7)
(February 20, 2013) E-mail from Barbara and Joost Captijn (TE.Supp.TE22.5.8)
(February 21, 2013) E-mail from Brian Robertson (TE.Supp.TE22.5.9)
(February 21, 2013) E-mail from Nora Pratt and Tim Tory (TE.Supp.TE22.5.10)
(February 21, 2013) E-mail from Gee Chung, President, Greater Yorkville Residents' Association (TE.Supp.TE22.5.11)
(February 22, 2013) E-mail from Allan and Helaine Shiff (TE.Supp.TE22.5.12)
(February 22, 2013) E-mail from John Donald (TE.Supp.TE22.5.13)
(February 22, 2013) Letter from Helene Wahle, John Temperato, Dr. David Magder, Terry Reid and Nicholas Mutton, TSCC 1430, owners of the condominium building at 99 Avenue Road, and submitting a petition from the owners of 99 Avenue Road. (TE.Supp.TE22.5.14)
(February 25, 2013) E-mail from Joy Mathews, Associate Lawyer, Fine & Deo Barristers and Solicitors (TE.Supp.TE22.5.15)
(February 23, 2013) E-mail from John Caliendo, Co-President, ABC Residents Association (TE.Supp.TE22.5.16)
(February 26, 2013) Letter from Cynthia A. MacDougall, McCarthy Tetrault LLP (TE.Supp.TE22.5.17)
(February 26, 2013) E-mail from Marilyn Snead, Jack Williams, John Elwood, Adalsteinn Brown and Jay Switzer, MTCC 985, owners of condominium building at 77 Avenue Road, and submitting a petition from the owners of 77 Avenue Road. (TE.Supp.TE22.5.18)
(February 21, 2013) E-mail from Paul Elia (TE.Supp.TE22.5.19)
Speakers
George Addy
Marilyn Snead
Linda Chu, President, ABC Resident's Association
Helene Wahle
David Harrison, Chair, Annex Resident's Association
Motions
Vote (Adopt Item) Feb-26-2013
| Result: Carried | Majority Required |
|---|---|
| Total members that voted Yes: 9 | Members that voted Yes are Ana Bailão, Paula Fletcher (Chair), Mike Layton, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Gord Perks, Adam Vaughan, Kristyn Wong-Tam |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 3 | Members that were absent are Janet Davis, Mary Fragedakis, Joe Mihevc |