Item - 2014.NY32.21

North York Community Council recommends that:

1.         City Council authorize the City Solicitor, together with City Planning staff and any other staff as appropriate, to oppose the applicant’s appeal respecting Zoning By-law Amendment application  No. 12 141927 NNY 16 OZ for  31, 33, 35 and 37 Helendale Avenue and attend any Ontario Municipal Board hearings in opposition to such appeal, for the reasons discussed in the report (April 23, 2014) from the Director, Community Planning, North York District, including:

a.         the proposal does not conform to the Official Plan and the Yonge-Eglinton Secondary Plan, including, but not limited to,  policies related to built form, public realm, healthy neighbourhoods, heritage resources and Apartment Neighbourhoods;

b.         the proposal does not adequately address Council approved guidelines including the Tall Building Design Guidelines and the Urban Design Guidelines for the Yonge, Duplex, Helendale, Orchard View Planning Study;

c.         the proposal represents over-development of the site; and

d.         an agreement has not been reached between City staff and the applicant with respect to the demolition and replacement of the rental housing.

2.         City Council authorize City staff to continue discussions with the applicant on a revised proposal which addresses the issues set out in the report (April 23, 2014) from the Director, Community Planning, North York District.

3.         City Council authorize the City Solicitor, in the event that the proposal is approved in whole or in part by the Ontario Municipal Board, to advise the Board that the development application should not be approved without the approval by City Council of rental demolition and full replacement of the 19 existing rental dwelling units to the satisfaction of the Chief Planner and Executive Director, City Planning; and that the City Solicitor advise the Board that City Council approval under Chapter 667 pursuant to Section 111 of the City of Toronto Act is required for the rental demolition and replacement of the rental housing.

4.         In the event that 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 Amendment 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 3 of the report (April 23, 2014) from the Director, Community Planning, North York District, and a Section 37 Agreement incorporating these matters has been executed.

5.         In the event that 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 Amendment for the subject lands until such time as a site plan agreement has been entered into between the City and the owner and any preconditions to site plan approval are fulfilled including addressing parking spaces and access, loading and servicing issues as outlined in the memo from the Manager, Development Engineering, North York District dated December 10, 2013.

6.         In the event that 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 Amendment for the subject lands until such time as the City and the owner have presented a draft by-law to the Board that secures community benefits through a Section 37 Agreement.

7.         City Council direct the City Solicitor to advise the Ontario Municipal Board (OMB) that the zoning by-law should not be approved without the provision of such services, facilities or matters pursuant to Section 37 of the Planning Act, as may be considered appropriate by the Chief Planner in consultation with the applicant and the Ward Councillor.

This application proposes a 24-storey apartment building (74.15 metres excluding mechanicals) with 242 dwelling units at 31 to 37 Helendale Avenue. The building design includes a 5-storey base building with a 19-storey tower above. A total of 145 parking spaces are proposed in four levels of below grade parking. The residential gross floor area proposed for the building is 16,594 m², resulting in a proposed density of 10.2 times the area of the lot.  The applicant has appealed the application to the Ontario Municipal Board due to Council’s failure to make a decision within the prescribed time period under the Planning Act.  A prehearing conference was held on March 17, 2014.  A further prehearing conference is scheduled for July 17 and 18, 2014 and a full hearing has been scheduled for November 12 to November 26, 2014. 

The site currently contains 19 residential rental units of affordable and mid-range rents in three 3-storey apartment buildings and a single detached house.  The details of the replacement strategy are currently being discussed with the applicant. A Rental Housing Demolition application was also submitted under Section 111 of the City of Toronto Act to demolish the 19 residential rental units on the site pursuant to Chapter 667 of the Municipal Code. The City's decision on the Rental Demolition application is not subject to appeal by the applicant to the Ontario Municipal Board. 

This report seeks Council’s direction to oppose the proposed development at the Ontario Municipal Board.  The application proposes a tall building that is out of scale with its existing and planned context, and creates an unacceptable transition to an area of lower intensity, contrary to the Official Plan.  The height and massing of the building would have negative impacts on the public realm and abutting and nearby properties. The proposal represents overdevelopment of the site and does not adequately address the Council approved Tall Building Design Guidelines and the Yonge, Duplex, Helendale and Orchard View Urban Design Guidelines prepared in association with the Planning Study for this block.