Item - 2014.TE30.14
Tracking Status
- City Council adopted this item on March 20, 2014 with amendments.
- This item was considered by Toronto and East York Community Council on February 25, 2014 and was adopted with amendments. It will be considered by City Council on March 20, 2014.
TE30.14 - Request for Directions - 410-446 Bathurst Street - Zoning Amendment Application
- Decision Type:
- ACTION
- Status:
- Amended
- Ward:
- 19 - Trinity-Spadina
City Council Decision
City Council on March 20, 2014, adopted the following:
1. City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff, to attend at the Ontario Municipal Board in support of the settlement respecting the Zoning By-law Amendment for 410-446 Bathurst Street (13124400 STE 19 OZ) as outlined in Attachment 1 to the report (March 14, 2014) from the Chief Planner and Executive Director, City Planning.
2. City Council authorize the City Solicitor and the Chief Planner and Executive Director, City Planning to continue to work with the applicant on the final form of the by-law and Site Plan conditions to be presented to the Ontario Municipal Board as part of the settlement at the Ontario Municipal Board.
3. City Council direct that the following be secured as part of the site plan approval to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the General Manager, Transportation Services:
a. provide and designate a flag person, or other method, to assist with loading, refuse collection and any other large trucks to prevent vehicles from queuing or otherwise blocking traffic, TTC operations, pedestrians and cyclists along Bathurst Street;
b. develop a maintenance plan for the living wall that is to be established on the west façade facing into the laneway; and
c. establish and maintain a retractable door to the loading area to create a visual and acoustic barrier at the rear façade and to restrict the operation of the door to between the hours of 7 a.m. and 4 p.m.
4. City Council direct that the following be secured as part of the site plan approval to the satisfaction of the Ward Councillor, in consultation with the General Manager, Transportation Services:
a. the applicant establish a construction management liaison committee to meet periodically during the construction period;
b. the applicant post a 24-hour monitored construction hotline number on the hoarding board, which must be prominently placed and legible from the 20 metres and on all elevations of the construction site; and
c. the applicant provide and install public art, including mural artwork, onto the hoarding board, at their sole cost.
5. City Council authorize the City Solicitor to execute the Minutes of Settlement which reflect the intention of the Terms of Settlement.
6. City Council direct the City Solicitor to support the new zoning by-law which implements this settlement before the Ontario Municipal Board and to consent to the removal of the subject property from Interim Control By-law No. 963-2013 at such time as the new Zoning By-law to implement the settlement has been drafted and presented to the Board for adoption.
7. City Council instruct the City Solicitor to request the Ontario Municipal Board to withhold its final order until the Notice of Approval Conditions for the Site Plan Application have been finalized and the Minutes of Settlement have been executed.
8. City Council request the Director, Community Planning, Toronto and East York District to submit a report to the Toronto and East York Community Council on how to bring forward and implement a commercial floorplate by-law to limit the size of retail spaces on main streets in the Toronto and East York Community Council area.
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2014/te/bgrd/backgroundfile-67107.pdf
(February 5, 2014) Report from the Director, Community Planning, Toronto and East York District - 410-446 Bathurst Street - Zoning Amendment Application - Request for Directions - Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2014/te/bgrd/backgroundfile-66578.pdf
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2014/cc/bgrd/backgroundfile-67598.pdf
Communications (Community Council)
(February 24, 2014) Submission from Emily Robb and Michael Edmonds, Andrew and Stephanie Overholt, Penny Pong and Scott Overton, Karen Mulhallen, Eugene and Satoko Winer, Andrea Becker and Lorne Solish, Tomek and Andre Bartczak, Jesse Robb and Jason Krygier-Baum (TE.Supp.TE30.14.2)
(February 24, 2014) E-mail from Sylvia Lassam (TE.Supp.TE30.14.3)
(February 25, 2014) Submission from Graham Hollings (TE.Supp.TE30.14.4)
(February 25, 2014) Submission from David Perlman (TE.Supp.TE30.14.5)
Motions (City Council)
That City Council delete the Toronto and East York Community Council Recommendations and instead adopt the following recommendations contained in the supplementary report (March 14, 2014) from the Chief Planner and Executive Director, City Planning [TE30.14a.]:
1. City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff, to attend at the OMB in support of the settlement respecting the Zoning By-law Amendment for 410-446 Bathurst Street (13124400 STE 19 OZ) as outlined in Attachment 1 to this report dated March 14, 2014, from the Chief Planner and Executive Director, City Planning Division.
2. City Council authorize the City Solicitor and the Chief Planner and Executive Director, City Planning Division to continue to work with the applicant on the final form of the by-law and Site Plan conditions to be presented to the Ontario Municipal Board as part of the settlement at the Ontario Municipal Board.
3. City Council authorize the City Solicitor to execute the Minutes of Settlement which reflect the intention of the Terms of Settlement.
4. City Council direct the City Solicitor to support the new zoning by-law which implements this settlement before the Ontario Municipal Board and to consent to the removal of the subject property from Interim Control By-law No. 963-2013 at such time as the new Zoning By-law to implement the settlement has been drafted and presented to the Board for adoption.
5. City Council instruct the City Solicitor to request the Ontario Municipal Board to withhold its final order until the Notice of Approval Conditions for the Site Plan Application have been finalized and the Minutes of Settlement have been executed.
6. City Council request the Director, Community Planning, Toronto and East York District to submit a report to the Toronto and East York Community Council on how to bring forward and implement a commercial floorplate by-law to limit the size of retail spaces on main streets in the Toronto and East York Community Council area.
Vote (Adopt Item as Amended) Mar-20-2014 11:29 AM
Result: Carried | Majority Required - TE30.14 - Layton - motion 1a - Adopt item as amended |
---|---|
Total members that voted Yes: 40 | 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, Rob Ford, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Peter Leon, Gloria Lindsay Luby, 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, 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 Doug Ford, Chin Lee, Giorgio Mammoliti, Jaye Robinson, David Shiner |
That:
1. City Council direct that the following be secured as part of the site plan approval to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the General Manager, Transportation Services:
a. provide and designate a flag person, or other method, to assist with loading, refuse collection and any other large trucks to prevent vehicles from queuing or otherwise blocking traffic, TTC operations, pedestrians and cyclists along Bathurst Street;
b. develop a maintenance plan for the living wall that is to be established on the west façade facing into the laneway; and
c. establish and maintain a retractable door to the loading area to create a visual and acoustic barrier at the rear façade and to restrict the operation of the door to between the hours of 7 a.m. and 4 p.m.
2. City Council direct that the following be secured as part of the site plan approval to the satisfaction of the Ward Councillor, in consultation with the General Manager, Transportation Services:
a. the applicant establish a construction management liaison committee to meet periodically during the construction period;
b. the applicant post a 24-hour monitored construction hotline number on the hoarding board, which must be prominently placed and legible from the 20 metres and on all elevations of the construction site; and
c. the applicant provide and install public art, including mural artwork, onto the hoarding board, at their sole cost.
Vote (Adopt Item as Amended) Mar-20-2014 11:30 AM
Result: Carried | Majority Required - TE30.14 - Layton - motion 1b - Adopt item as amended |
---|---|
Total members that voted Yes: 39 | 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, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Peter Leon, Gloria Lindsay Luby, 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, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam |
Total members that voted No: 2 | Members that voted No are Doug Ford, Rob Ford |
Total members that were Absent: 4 | Members that were absent are Chin Lee, Giorgio Mammoliti, Jaye Robinson, David Shiner |
TE30.14 - Request for Directions - 410-446 Bathurst Street - Zoning Amendment Application
- Decision Type:
- ACTION
- Status:
- Amended
- Ward:
- 19 - Trinity-Spadina
Community Council Recommendations
The Toronto and East York Community Council recommends that:
1. City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff, to attend at the OMB in support of the settlement respecting the Zoning By-law Amendment for 410-446 Bathurst Street (13 124400 STE 19 OZ) as outlined in Attachment 1 to the report (February 19, 2014) from the Director, Community Planning, Toronto and East York District.
2. City Council authorize the City Solicitor and the Chief Planner and Executive Director, City Planning Division to continue to work with the applicant on the final form of the By-law and Site Plan conditions to be presented to the Ontario Municipal Board as part of the settlement at the Ontario Municipal Board.
3. City Council instruct the City Solicitor to consent to the Ontario Municipal Board removing the applicant’s property from the Interim Control By-law and replacing it with the Board ordered zoning for 410-446 Bathurst Street.
4. City Council instruct the City Solicitor to request the Ontario Municipal Board to withhold its final order until the Notice of Approval Conditions for the Site Plan Application have been finalized.
5. City Council request the Director, Community Planning, Toronto and East York District to submit a report to the Toronto and East York Community Council on how to bring forward and implement a commercial floorplate by-law to limit the size of retail spaces on main streets in the Toronto and East York Community Council area.
Decision Advice and Other Information
The Toronto and East York Community Council requested the Chief Planner and Executive Director, City Planning Division, in consultation with the Executive Director, Engineering and Construction Services, and the General Manager of Transportation Services, to report directly to the March 20, 2014 meeting of City Council on the following with respect to the property at 410-446 Bathurst Street:
a. securing a construction management plan;
b. an updated Traffic Impact Study for the revised proposal;
c. turning restrictions at the Bathurst and Nassau streets intersection to discourage infiltration east onto Nassau Street and to limit the impact on the Bathurst streetcar;
d. a detailed description of the number and placement of trees; and
e. a detailed description of the proposed pedestrian walkway.
Origin
Summary
The applicant has appealed to the Ontario Municipal Board the Zoning By-Law and Site Plan Application for 410-446 Bathurst and Interim Control By-Law No. 963-2013 that prohibits new retail and service uses on Bathurst Street from Dupont Street to Queen Street West. A pre-hearing is scheduled for March 24, 2014. The development application under appeal before the Board is for a 3-storey retail building 20 metres in height including mechanical, having a gross floor area (GFA) of approximately 12,000 square metres of retail use, including the potential for a single store of up to 8,800 square metre on the second and third storeys, and underground parking for approximately 320 cars.
The applicant has proposed a settlement, the specifics of which are set out in Attachment 1 to this report. The proposal reduces the total retail gross floor area on the site from 12,000 square metres to 6,622 square metres with the largest retail unit limited to 4,200 square metres and located on the second floor. The project will now be mixed use with office space on the third and fourth floors for a total building height of 20 metres with a 2 metre mechanical penthouse. The ground floor remains as a number of smaller retail units. Parking has been reduced to 298 spaces below grade. Other improvements to the project include a wider sidewalk and street trees on Bathurst Street and greater stepping back of the upper floors from the Neighbourhood to the west.
The purpose of this report is to seek City Council’s direction for the City Solicitor, together with Planning and other appropriate City staff, to attend at the Ontario Municipal Board in support of a settlement as described in this report.
Background Information
https://www.toronto.ca/legdocs/mmis/2014/te/bgrd/backgroundfile-67107.pdf
(February 5, 2014) Report from the Director, Community Planning, Toronto and East York District - 410-446 Bathurst Street - Zoning Amendment Application - Request for Directions - Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2014/te/bgrd/backgroundfile-66578.pdf
Communications
(February 24, 2014) Submission from Emily Robb and Michael Edmonds, Andrew and Stephanie Overholt, Penny Pong and Scott Overton, Karen Mulhallen, Eugene and Satoko Winer, Andrea Becker and Lorne Solish, Tomek and Andre Bartczak, Jesse Robb and Jason Krygier-Baum (TE.Supp.TE30.14.2)
(February 24, 2014) E-mail from Sylvia Lassam (TE.Supp.TE30.14.3)
(February 25, 2014) Submission from Graham Hollings (TE.Supp.TE30.14.4)
(February 25, 2014) Submission from David Perlman (TE.Supp.TE30.14.5)
Speakers
Graham Hollings (Submission Filed)
David Perlman (Submission Filed)
Ian Flett, Solicitor, Eric K. Gillespie Professional Corporation, on behalf of Friends of Kensington Market
Dominique Russell
Yvonne Bambrick, Kensington Market Action Committee
Shamez Amlani, Kensington Market BIA
Jim Rootham
Mark Noskiewicz, Goodmans LLP
Jordan Robins, Senior Vice President, Development, RioCan Management Inc.
Motions
That the Toronto and East York Community Council recommend that City Council adopt the recommendations in the report (February 19, 2014) from the Director, Community Planning, Toronto and East York District, subject to adding the following new Recommendation 5:
5. City Council request the Director, Community Planning, Toronto and East York District to submit a report to the Toronto and East York Community Council on how to bring forward and implement a commercial floorplate by-law to limit the size of retail spaces on main streets in the Toronto and East York Community Council area.
That the Toronto and East York Community Council:
A. Recommend that City Council adopt Recommendations 1-4 contained in the report (February 19, 2014) from the Director, Community Planning, Toronto and East York District.
B. Request the Chief Planner and Executive Director, City Planning Division, in consultation with the Executive Director, Engineering and Construction Services and the General Manager of Transportation Services, to report directly to the March 20, 2014 City Council meeting on the following:
a. securing a construction management plan;
b. an updated Traffic Impact Study for the revised proposal;
c. turning restrictions at the Bathurst and Nassau streets intersection to discourage infiltration east onto Nassau Street and to limit the impact on the Bathurst streetcar;
d. a detailed description of the number and placement of trees; and
e. a detailed description of the proposed pedestrian walkway.
Vote (Adopt Item as Amended) Feb-25-2014
Result: Carried | Majority Required |
---|---|
Total members that voted Yes: 12 | Members that voted Yes are Ana Bailão, Janet Davis, Paula Fletcher (Chair), Mary Fragedakis, Mike Layton, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Gord Perks, Adam Vaughan, Kristyn Wong-Tam |
Total members that voted No: 0 | Members that voted No are |
Total members that were Absent: 0 | Members that were absent are |