Item - 2014.EY32.5
Tracking Status
- City Council adopted this item on May 6, 2014 with amendments.
- This item was considered by the Etobicoke York Community Council on April 8, 2014 and adopted without amendment. It will be considered by City Council on May 6, 2014.
EY32.5 - Request for Direction Report - 441 Jane Street - Official Plan Amendment, Zoning By-law Amendment and Site Plan Control Applications
- Decision Type:
- ACTION
- Status:
- Amended
- Ward:
- 13 - Parkdale-High Park
City Council Decision
City Council on May 6, 7 and 8, 2014, adopted the following:
1. City Council authorize the City Solicitor, together with City Planning staff to attend the Ontario Municipal Board hearing and to support a settlement of the appeal of the Official Plan Amendment, Zoning By-law Amendment and Site Plan Control applications for 441 Jane Street, provided the settlement is substantially in accordance with the revised settlement proposal drawings dated April 21, 2014.
2. City Council authorize the City Solicitor, together with City Planning staff to finalize a draft Official Plan Amendment, a draft Zoning By-law Amendment and Notice of Approval Conditions to permit the proposed development in accordance with the revised settlement proposal drawings dated April 21, 2014.
3. City Council authorize the City Solicitor, together with City Planning staff, to advise the Ontario Municipal Board of the above City Council position and should the Board allow the appeals and approve the revised Official Plan Amendment, Zoning By-law Amendment and Site Plan Control applications:
a. request that the Board withhold its Order on the Official Plan and Zoning By-law Amendment application appeal until it has been advised by the City Solicitor that the proposed Official Plan and Zoning By-law Amendments are in a form satisfactory to the City;
b. request that the Board withhold its Orders on the Official Plan and Zoning By-law Amendment and Site Plan Control appeals until a revised Functional Servicing Report has been submitted to the satisfaction of the Director, Engineering and Construction Services; and
c. request that the Board withhold its Order on the Site Plan Control application appeal until it has been advised by the City Solicitor that the City's Notice of Approval Conditions has been finalized, and any pre-approval conditions have been satisfied.
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2014/ey/bgrd/backgroundfile-67904.pdf
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2014/cc/bgrd/backgroundfile-69058.pdf
Communications (Community Council)
(June 17, 2013) Letter from Lisa Gibbens (EY.New.EY32.5.2)
(April 7, 2014) E-mail from Athena Herrmann (EY.New.EY32.5.3)
Motions (City Council)
That City Council delete the Etobicoke York Community Council recommendations and instead adopt the following recommendations contained in the supplementary report (May 2, 2014) from the Chief Planner and Executive Director, City Planning [EY32.5a]:
1. City Council authorize the City Solicitor, together with City Planning staff to attend the OMB hearing and to support a settlement of the appeal of the Official Plan Amendment, Zoning By-law Amendment and Site Plan Control applications for 441 Jane Street, provided the settlement is substantially in accordance with the revised settlement proposal drawings dated April 21, 2014.
2. City Council authorize the City Solicitor, together with City Planning staff to finalize a draft Official Plan Amendment, a draft Zoning By-law Amendment and Notice of Approval Conditions to permit the proposed development in accordance with the revised settlement proposal drawings dated April 21, 2014.
3. City Council authorize the City Solicitor, together with City Planning staff, to advise the Ontario Municipal Board of the above City Council position and should the Board allow the appeals and approve the revised Official Plan Amendment, Zoning By-law Amendment and Site Plan Control applications:
a. request that the Board withhold its Order on the Official Plan and Zoning By-law Amendment application appeal until it has been advised by the City Solicitor that the proposed Official Plan and Zoning By-law Amendments are in a form satisfactory to the City;
b. request that the Board withhold its Orders on the Official Plan and Zoning By-law Amendment and Site Plan Control appeals until a revised Functional Servicing Report has been submitted to the satisfaction of the Director, Engineering and Construction Services; and
c. request that the Board withhold its Order on the Site Plan Control application appeal until it has been advised by the City Solicitor that the City's Notice of Approval Conditions has been finalized, and any pre-approval conditions have been satisfied.
Vote (Adopt Item as Amended) May-06-2014 10:45 AM
| Result: Carried | Majority Required - EY32.5 - Doucette - motion 1 - Adopt the item as amended |
|---|---|
| Total members that voted Yes: 41 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Mary Fragedakis, Mark Grimes, Norman Kelly, Chin Lee, Peter Leon, 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: 4 | Members that were absent are Josh Colle, Rob Ford, Mike Layton, Jaye Robinson |
EY32.5 - Request for Direction Report - 441 Jane Street - Official Plan Amendment, Zoning By-law Amendment and Site Plan Control Applications
- Decision Type:
- ACTION
- Status:
- Adopted
- Ward:
- 13 - Parkdale-High Park
Community Council Recommendations
Etobicoke York Community Council recommends that:
1. City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff, to attend the Ontario Municipal Board hearing to oppose the appeal of the Official Plan Amendment, Zoning By-law Amendment and Site Plan Control applications for 441 Jane Street in their current form.
2. City Council authorize City staff to continue discussions with the applicant to negotiate an appropriate development proposal as a settlement of the appeal.
3. City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff, to advise the Ontario Municipal Board of the above City Council position and, should the Board approve the proposal, to:
a. request that the Board withhold its Order on the Official Plan and Zoning By-law Amendment application appeal until it has been advised by the City Solicitor that the proposed Official Plan and Zoning By-law Amendments are in a form satisfactory to the City;
b. request that the Board withhold its Order on the Site Plan Control application appeal until it has been advised by the City Solicitor that the City's Notice of Approval Conditions has been finalized, and any pre-approval conditions have been satisfied;
c. request that the Board withhold its Orders on the Official Plan and Zoning By-law Amendment and Site Plan Control appeals until a revised Functional Servicing Report has been submitted to the satisfaction of the Director, Engineering and Construction Services; and
d. the City designates the 1.5m wide parcel of City owned land, adjacent to the site, as public highway to facilitate access to the site via the existing public laneway.
4. City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to the recommendations of the report (March 24, 2014) from the Director, Community Planning, Etobicoke York District.
Origin
Summary
The owner of the site at 441 Jane Street has appealed the Official Plan and Zoning By-law Amendment application and the associated Site Plan Control application to the Ontario Municipal Board (OMB) citing City Council's failure to render a decision within the time frame prescribed by the Planning Act. A hearing date for the appeal at the OMB has been scheduled for June 4-6, 2014.
The site is currently occupied with an automotive repair and vehicle service centre. These applications propose to amend the City of Toronto Official Plan and the former City of York Zoning By-law No. 1-83, to permit the redevelopment of the site with a five-storey multi-unit residential development in a stacked townhouse form. Four and a half storeys would be above grade (13.5 m) with a half storey located partially below grade. The proposed development would contain twenty-three dwelling units. Twenty-four parking spaces are proposed consisting of twenty spaces in a one level underground garage and four surface parking spaces.
It is staff's opinion that the proposal represents an over-development of the site. The height, massing and scale of the proposed development would not be in accordance with Provincial policies, the City's Official Plan and would not meet the Toronto Urban Design Guidelines for Infill Townhouses. Therefore, the proposal in its current form should be refused.
Staff are continuing discussions with the applicant in an effort to reach an acceptable settlement of the appeal prior to the OMB hearing.
This report seeks City Council's direction for the City Solicitor and appropriate City staff to attend the OMB hearing to oppose the applications as currently proposed.
Background Information
https://www.toronto.ca/legdocs/mmis/2014/ey/bgrd/backgroundfile-67904.pdf
Communications
(June 17, 2013) Letter from Lisa Gibbens (EY.New.EY32.5.2)
(April 7, 2014) E-mail from Athena Herrmann (EY.New.EY32.5.3)