Item - 2015.NY7.34

Tracking Status

  • City Council adopted this item on July 7, 2015 with amendments.
  • This item was considered by the North York Community Council on June 16, 2015 and adopted without amendment. It will be considered by City Council on July 7, 2015.

NY7.34 - Request for Direction Report - Official Plan Amendment and Zoning By-law Amendment Applications - 1050 Sheppard Avenue West

Decision Type:
ACTION
Status:
Amended
Ward:
10 - York Centre

City Council Decision

City Council on July 7, 8 and 9, 2015, adopted the following:

 

1. City Council authorize the City Solicitor and other appropriate staff to attend the Ontario Municipal Board hearing for the lands at 1050 Sheppard Avenue West as necessary in support of the amendment to the Official Plan and Zoning By-law for the proposed development as substantially outlined in the report (May 27, 2015) from the Director, Community Planning, North York District, to the satisfaction of the City Solicitor and Chief Planner and Executive Director, City Planning.

 

2. In the event the Ontario Municipal Board (OMB) allows the appeals, in whole or in part, City Council direct the City Solicitor to request the OMB to withhold its Order on the Official Plan Amendment and the Zoning By-law Amendment pending:

 

a. receipt of confirmation from the City Solicitor that the final form of the Official Plan Amendment is to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

 

b. receipt of confirmation from the City Solicitor that the final form of the Site Specific Zoning By-laws amending the former City of North York Zoning By-law and the City of Toronto By-law are to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

 

c. the submission of a revised Functional Servicing Report and a revised Stormwater Management Report to the satisfaction of the Executive Director of Engineering and Construction Services; and

 

d. the Owner entering into a Section 37 agreement with the City for the purpose of securing $337,500 for a high line park and/or trail on the berm on the east side of Allen Road between Kennard Avenue and Sheppard Avenue and/or local park improvements in the area as contemplated in the report of the Director of Community Planning, North York District dated May 27, 2015.

 

3. City Council direct City Planning to work with the applicant on implementing a 'living wall' on the base of the building along the north wall at 1050 Sheppard Avenue as has been discussed with staff in order to soften the impact of the new building on the neighbouring property located at 3945 Dufferin Street.

4. City Council direct the applicant to distribute the plans and renderings to the households between 3945 and 3985 Dufferin Street and to meet with the homeowners and local Councillor to present the design prior to Site Plan Approval.

 

5. City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to Council's decision.

Background Information (Community Council)

(May 27, 2015) Request for Direction Report and Attachments 1-5 from the Director, Community Planning, North York District on Official Plan Amendment and Zoning By-law Amendment Applications for 1050 Sheppard Avenue West
https://www.toronto.ca/legdocs/mmis/2015/ny/bgrd/backgroundfile-80848.pdf

Communications (Community Council)

(January 20, 2014) E-mail from Salvatore Marrello, on behalf of Enza Marrello, addressed to Doug Stiles, Planner, Community Planning, North York District (NY.New.NY7.34.1)
(January 28, 2014) E-mail from Anthony and Rosemarie Barbuto, addressed to Doug Stiles, Planner, Community Planning, North York District (NY.New.NY7.34.2)
(June 15, 2015) E-mail from Anthony and Rosemarie Barbuto (NY.New.NY7.34.3)
(June 16, 2015) E-mail from Roger Li, submitting a petition signed by 28 area residents, in opposition to the proposed development (NY.New.NY7.34.4)

Communications (City Council)

(July 6, 2015) Letter from Alexander J. Suriano, Davies Howe Partners LLP (CC.Supp.NY7.34.5)

Motions (City Council)

Motion to Reconsider Item moved by Councillor James Pasternak (Carried)

That in accordance with Chapter 27, Council Procedures, City Council reconsider Item NY7.34.


1 - Motion to Amend Item (Additional) moved by Councillor James Pasternak (Carried)

That:
 
1. City Council direct City Planning to work with the applicant on implementing a 'living wall' on the base of the building along the north wall at 1050 Sheppard Avenue as has been discussed with staff in order soften the impact of the new building on the neighbouring property located at 3945 Dufferin Street. 
 
2. City Council direct the applicant to distribute the plans and renderings to the households between 3945 and 3985 Dufferin Street and meet with the homeowners and local Councillor to present the design prior to Site Plan Approval.

Vote (Amend Item (Additional)) Jul-09-2015 3:30 PM

Result: Carried Majority Required - NY7.34 - Pasternak - motion 1
Total members that voted Yes: 31 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Michelle Berardinetti, Jon Burnside, John Campbell, Christin Carmichael Greb, Raymond Cho, Joe Cressy, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Mary-Margaret McMahon, Joe Mihevc, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, John Tory, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Justin J. Di Ciano
Total members that were Absent: 13 Members that were absent are Shelley Carroll, Josh Colle, Gary Crawford, Vincent Crisanti, Frank Di Giorgio, John Filion, Paula Fletcher, Rob Ford, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Denzil Minnan-Wong, Michael Thompson

Motion to Adopt Item as Amended (Carried)

NY7.34 - Request for Direction Report - Official Plan Amendment and Zoning By-law Amendment Applications - 1050 Sheppard Avenue West

Decision Type:
ACTION
Status:
Adopted
Ward:
10 - York Centre

Community Council Recommendations

North York Community Council recommends that:

 

1. City Council authorize the City Solicitor and other appropriate staff to attend the Ontario Municipal Board hearing for the lands at 1050 Sheppard Avenue West as necessary in support of the amendment to the Official Plan and Zoning By-law for the proposed development as substantially outlined in the report (May 27, 2015) from the Director, Community Planning, North York District, to the satisfaction of the City Solicitor and Chief Planner.

 

2. In the event the Ontario Municipal Board (OMB) allows the appeals, in whole or in part, City Council direct the City Solicitor to request the OMB to withhold its Order on the Official Plan Amendment and the Zoning By-law Amendment pending:

 

a. Receipt of confirmation from the City Solicitor that the final form of the Official Plan Amendment is to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

 

b. Receipt of confirmation from the City Solicitor that the final form of the Site Specific Zoning By-laws amending the former City of North York Zoning By-law and the City of Toronto By-law are to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

 

c. The submission of a revised Functional Servicing Report and a revised Stormwater Management Report to the satisfaction of the Executive Director of Engineering and Construction Services; and

 

d. The Owner entering into a Section 37 agreement with the City for the purpose of securing $337,500 for a high line park and/or trail on the berm on the east side of Allen Road between Kennard Avenue and Sheppard Avenue and/or local park improvements in the area as contemplated in the report of the Director of Community Planning, North York District dated May 27, 2015.

 

3. 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 (May 27, 2015) from the Director, Community Planning, North York District.

Decision Advice and Other Information

Councillor James Pasternak asked that his opposition to the recommendations be noted in the record.

Origin

(May 27, 2015) Report from the Director, Community Planning, North York District

Summary

The applicant has appealed the Official Plan Amendment and Zoning By-law Amendment applications to the Ontario Municipal Board (OMB) due to Council's failure to make a decision on the applications within the time prescribed by the Planning Act. A pre-hearing has been scheduled for June 23, 2015.  A full hearing is not yet scheduled.

 

This application proposes a 14-storey, mixed-use building with 199 residential units,  843m2 of commercial space at grade and 172 parking spaces, at 1050 Sheppard Avenue West.  This application has been revised since its original submission as a 15-storey, mixed-use building with 205 residential units, 846m2 of commercial space at grade and 177 parking spaces.

 

The purpose of the report is to seek City Council's direction for the City Solicitor and other appropriate City staff to attend the Ontario Municipal Board in support of the proposed Official Plan Amendment, Zoning By-law Amendment to permit the revised proposal as outlined in this report.

Background Information

(May 27, 2015) Request for Direction Report and Attachments 1-5 from the Director, Community Planning, North York District on Official Plan Amendment and Zoning By-law Amendment Applications for 1050 Sheppard Avenue West
https://www.toronto.ca/legdocs/mmis/2015/ny/bgrd/backgroundfile-80848.pdf

Communications

(January 20, 2014) E-mail from Salvatore Marrello, on behalf of Enza Marrello, addressed to Doug Stiles, Planner, Community Planning, North York District (NY.New.NY7.34.1)
(January 28, 2014) E-mail from Anthony and Rosemarie Barbuto, addressed to Doug Stiles, Planner, Community Planning, North York District (NY.New.NY7.34.2)
(June 15, 2015) E-mail from Anthony and Rosemarie Barbuto (NY.New.NY7.34.3)
(June 16, 2015) E-mail from Roger Li, submitting a petition signed by 28 area residents, in opposition to the proposed development (NY.New.NY7.34.4)

Speakers

Rosemarie Barbuto
Joseph Marrello
Mary Lee
David Bronskill, Goodmans LLP, on behalf of the applicant

Motions

1 - Motion to Adopt Item moved by Councillor James Pasternak (Carried)
Source: Toronto City Clerk at www.toronto.ca/council