Item - 2013.TE26.18
Tracking Status
- City Council adopted this item on October 8, 2013 without amendments and without debate.
- This item was considered by the Toronto and East York Community Council on September 10, 2013 and adopted without amendment. It will be considered by City Council on October 8, 2013.
TE26.18 - Request for Directions/Refusal Report - 95 and 99 Broadway Avenue and 197 Redpath Avenue - Zoning Amendment and Rental Demolition Application under Municipal Code 667
- Decision Type:
- ACTION
- Status:
- Adopted on Consent
- Ward:
- 22 - St. Paul's
City Council Decision
City Council on October 8, 9, 10 and 11, 2013, adopted the following:
1. City Council refuse application No. 12 146382 STE 22 OZ for Zoning By-law Amendment at 95 and 99 Broadway Avenue and 197 Redpath Avenue for the following reasons:
a. the proposal does not conform to the Official Plan, including policies related to Built Form, Tall Buildings and Apartment Neighbourhoods;
b. the proposal is not consistent with Council-approved guidelines such as the Tall Building Design Guidelines;
c. the proposal represents an over-development of the site; and
d. an agreement has not been reached between City staff and the applicant with respect to the Rental Demolition Application.
2. City Council direct staff to advise the Ontario Municipal Board of City Council's position that any redevelopment of the lands must also include the full replacement of the existing 32 rental dwelling units and a Tenant Relocation and Assistance Plan, including the right of tenants to return to the new rental units in accordance with the Official Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning Division.
3. In the event the Ontario Municipal Board allows the appeal in whole or in part, City Council direct staff to request that the Board withhold any order to approve a Zoning By-law for the subject lands until such time as the City and the owner have presented a draft by-law to the Board that provides for securing the rental housing matters as outlined in Recommendation 2 of the report (August 16, 2013) from the Director, Community Planning, Toronto and East York District, and a Section 37 Agreement incorporating these matters has been executed.
4. 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.
5. 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-60735.pdf
Communications (Community Council)
TE26.18 - Request for Directions/Refusal Report - 95 and 99 Broadway Avenue and 197 Redpath Avenue - Zoning Amendment and Rental Demolition Application under Municipal Code 667
- Decision Type:
- ACTION
- Status:
- Adopted
- Ward:
- 22 - St. Paul's
Community Council Recommendations
The Toronto and East York Community Council recommends that:
1. City Council refuse application No. 12 146382 STE 22 OZ for Zoning By-law Amendment at 95 and 99 Broadway Avenue and 197 Redpath Avenue for the following reasons:
a. the proposal does not conform to the Official Plan, including policies related to Built Form, Tall Buildings and Apartment Neighbourhoods;
b. the proposal is not consistent with Council-approved guidelines such as the Tall Building Design Guidelines;
c. the proposal represents an over-development of the site; and
d. an agreement has not been reached between City staff and the applicant with respect to the Rental Demolition Application.
2. City Council direct staff to advise the Ontario Municipal Board of City Council's position that any redevelopment of the lands must also include the full replacement of the existing 32 rental dwelling units and a Tenant Relocation and Assistance Plan, including the right of tenants to return to the new rental units in accordance with the Official Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning Division.
3. In the event the Ontario Municipal Board allows the appeal in whole or in part, City Council direct staff to request that the Board withhold any order to approve a Zoning By-law for the subject lands until such time as the City and the owner have presented a draft by-law to the Board that provides for securing the rental housing matters as outlined in Recommendation 2 of the report (August 16, 2013) from the Director, Community Planning, Toronto and East York District, and a Section 37 Agreement incorporating these matters has been executed.
4. 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.
5. 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 residential condominium development with an 8-storey base plus two, 30-storey towers and their mechanical penthouses on top of that. The total proposed height is 38 storeys and 126.2 metres (to the top of each tower). The proposed development includes 853 residential units including 32 replacement rental units (197 Redpath Avenue is a 3-storey apartment building containing 32 rental units) and 367 parking spaces. The proposed density is 22.4 times the lot area.
A Rental Housing Demolition and Conversion application was also submitted under Section 111 of the City of Toronto Act to demolish the 3-storey, 32-unit rental residential apartment building at 197 Redpath Avenue pursuant to Chapter 667 of the Municipal Code. The City's decision on the Rental Housing Demolition and Conversion application is not subject to appeal to the Ontario Municipal Board.
This report reviews and recommends refusal of the application to amend the Zoning By-law and the application to demolish the existing rental housing pursuant to Chapter 667 of the Municipal Code.
At 22.4 times its lot area and with a height of 126.2 metres this proposed development represents an overdevelopment of the site. Approval of this development would set an undesirable precedent for future applications as it would undermine the policies of the Official Plan and the Yonge-Eglinton Secondary Plan as they relate to fit within the neighbourhood context, Built Form, Tall Buildings and Apartment Neighbourhoods.
Approval of this development would also set an undesirable precedent given the character of the Yonge and Eglinton Apartment neighbourhood. The proposal is not consistent with the intent of the recent City Council approval of the Tall Building Design Guidelines particularly with respect to tower separation, base building height and tower floorplate.
Background Information
https://www.toronto.ca/legdocs/mmis/2013/te/bgrd/backgroundfile-60735.pdf